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HomeMy WebLinkAbout07-2862SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe II 63 Redshed Road Shippensburg, PA 17257 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 0 7..2 8G2 eji T? COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HA V E BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLONY I NG PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AN D 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 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED I' E E OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O S I NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PE P S ONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENT RA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington M utual Bank PLAINTIFF VS. Elwood J. Yohc II 63 Redshed Road Shippensburg, PA 17257 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 117. 02 P ( , 2 Cc??d -Ti- COMPLAINT IN MORTGAGE FORECLOSURE Plaint] ff, Washington Mutual Bank, the address of which is, 11200 W. Parkland Ave., Milwaukee, Wisconsin 53224, brings this action of mortgage foreclosure upon the following cause of actio:i: 1. (a) Parties to Mortgage: ,',Iortgagee: Mortgage Electronic Registration Systems, Inc. as nominee for Transland Financial Services, Inc. Iorta or(s): Elwood J. Yohe, II (b) 1):rte of Mortgage: March 27, 2003 (c) -1) !,ice and Date of Record of Mortgage: Recorder of Deeds Cumberland County `, i o rtgage Book 1804 Page 1902 Date: April 4, 2003 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for Transland Financial Services, Inc. Assignee: Washington Mutual Bank Date of Assignment: as recorded Recording Date: as recorded Book: as recorded Page: as recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 63 Redshed Road, Sl11l)pensburg, Pa 17257 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: Elwood J. Yohe II, 63 Redshed Road, Shippensburg, PA 17257 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The 1 Iortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of January 1, 2007 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of April 30, 2007: Principal of Mortgage debt due and unpaid Interest current! v due and owing at 6.5% per annum calculated from C)ccember 1, 2006 at $19.40 each day Late Charge o f ; 6.04 per month assessed on the 16th of each month from Ja iu: ry 16, 2007 to April 16, 2007, (4 Months) Property Inspec t i on Title Search/Rcl)ort Fees Attorneys' Fecs and Costs T T:?', $108,916.81 $2,929.40 $144.16 $8.90 $250.00 $5,000.00 $117,249.27 8. Interest accrues at a per diem rate of 19.40 each day after April 30, 2007, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' 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. I f the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of PlaintI ff and against Defendant, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage ;ind for the foreclosure and sale of the mortgaged premises. SHAPIRO & KREISMAN, LLC Date: I ol Q1 BY: Attorneys for Plait f S & K File No. 07-29285 X. i ? J AtterAccording Return 'To., XNC. 2701 nAzTL&= CXW= per t3Ta•, taP"TTAMo FL 32781-7294 n'r ?M? `fir ?`• 17EGLE 'DER OF n DEEDS COUNrY?,:: ?3 gyp;; ? RAJ IZ $y ISpgce Above This Line Far Reeordmu Datai MORTGAGE DEFINMONS Yoas betltr eplgpts 96egee86 ti(arr 1ovoa>t?aa9cgaona6a g? 16 Words use din setrtions of this document f 1 3 0 12011 040 It. are defined blow and other words are defined In Sections 3, 11. A) 'Securit20 y urity I and r i. Certain titles regarding the usage of word$ used to this document am also provided in Section 16. nstrument" means this document, which is dated together with an Riders to this docainonL NUCH 37r 2003 (B) "Borrower" is =VMM ,7. yolm. II, A unaRrsD MM Borrower is the mortgagor under This Security InstIumenG' (C) 'MRS" Is Martgage Electronic Registration Systems, Inc, MFRS Is a solely as a nominee for Lender and Lenders sucaessars and assigos aL. IIIo a °0?1Dunde that is curing lastrament: MFRS is. o • ME135 is th L. mortgagee under this Security ilmd and existing under the laws of Delaware, and has an address and telephone number of P_O. Box 2026, Flint, M14$50I--2026. tel. (8g$) 674-MM. (A) "Lender" is 2XMIO1r+ M >rZbDt>ltlCXAL 02RD=CEs. =a. Leader is a CpR.t?OIuTZOEl laws of ll'WRtotl . Lender's address Is 3701 organized and existing ' XUTL&M der the P=T. 9=- coo UAsrM, YL 32751-7294 (E) "Nate" tneAUS the promissory note signed by Borrower and dated X&RCH 27. 2003 The Note states that Borrower owes Lender oJM 4UNIRRD aothXM= ':J=3R= THIRTY-FOUR ,tram 001100 Dollies (U.S. $ 114r034.00 ) plus interest. Borrower has promised regular Periodic Payments and to pay the debt in full not laterthm APRIL it 2093 to pay ?1s debt in (F) "Property" means the property that is descn'bed below under the headin (C) "Loan" means the debt evidenced by the Note. nt,ta inforatr. +mv r".rk & o'1 sfet of Rights In the Property " under the Note, and all sums due under this Security Instrmenk plus interest .. a ra.- .i...b ..,». (H) "Riders" means all Riders to this Security instrument that arc executed by Borrower. The following enders are to be execuud by Borrower [check box as applicable]: [] Adjustable Rate Rider Condominium Rider Q? Balloon Rider Plagued Unit Development Rider (3 Biweo °me Rider 1-4 Family Rider C}tlter(s) spec Y Payment Rider ifY1 sattnT. Bo= (1) "Applicable Low" means all controlling applicable federal, state and local statures, regulations, ordinances and administrative rules and orders (that have the affect of law) as well as Ali applicable floral, non-appealable judicial opinions. (.) "Community Association Dues, Fees, and Assessmentr means all dues, fees, assessments and other charges that are imposed on Borrower or the Prnper[Y by a condominium association, homeowners association or similar organization- PENNSYc'LYANIA-Singte Fnmily-,Fannie MscMrcddieMae UNIFORM INSTRUMENT °nW.V. ia/2s?3ooa rpop I Of 13pages) Form3039 l/ar 50`43oCi 8K I S D t?? 19 Z aNiFUT ••A•• (K) "Electronic rands Transfer" means any fifer of &bds, other Ill. a transaction originated by check, drag, Or similar paper iastrament, which is initiated through an electronic terminal, telephonic insnvmont, computer, or magnetic tape so as to order, instruct, or authorize a finenclal institution to debit or credit an account. Such term includes, but is not limited to, polar of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse trmtsfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by arty third party (other than insuramce• proceeds paid turder the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (5) condom fort ur uthcr talting or ail or any part othee Property; (1'n) conveyance in lieu ofcoademnadon; or (xv) misrepresentations ag or omissions as to, the value and/or condition of the Property. (N) Mortgage hwurancb means insumnee pmh cttag Leader agalast the nonpaymeai at or default on, the Lonn, (U) !Periodic Payment means the regalatiy scheduled amount duo for (I) principal and interest under the Note, p? (10 any Mounts under Section 3 of this Security instrument (P) JIMA means the Real Estate Settlemmd Proccitues Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C KIL Part 3500), as they might be amended Pram time to tinge, or any additional or successor legislation or regulation that governs the same subjept matter. As used is this Seoul* Instrument, "RESPA" refers to ail requirements and restriedom that ate Imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "ederally related mortgage loan'' under RESPA. (Q) "Successor In Interest of Burrower" means any patty that bas taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument TRANSFER OF 1UGHT9 IN THE PROPERTY This Security Instrument secures to Lender; (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements; ruder this Security Instrument and the Note_ For thi9 purpose; Borrower does hereby mortgage, grant and convey to UERS (solely as nominee for Lender and Lender's suceemors and assigns) and to the successors and assigns of MM the following described property located in the Ctti0tim of Co1BZAI.1M id6tlllL AlC CRIP';rj? (TypeorRaeordmgJu?dictien) (Name of Rccordin Jurisdiction) 7}TTXCm lSZMO XM ]1Xt]OZ A IrAM zu"Op. which currently has the address of a MPPZbta BMCP [City) 63 MWBMkD ROAD [se*cttl . Pennsylvtutia 7.7257 ("Property Address-). lzip code] TOGETHER WITH all the improvements now or here4ftr erected on the property, and all easements, appurtenances, and fixtures now or harealler a pad of the praperty. All tsplacements and additions sha11 also be covered by this RPnrtrity Inch Mont. All of the fomSping is refried to W ably SCCnr)iy IAStCtlmemt 99 the "Property" Borrower tindelstands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but PENNSYLVAMA-SlaWc Family-Fannie Mee/Freddie Mee WFORM INS't7 UND4't DOCU,au Form 3039 1N1 (Pcgr?Pfl3poges) M=UA2•V= 104:612002 OK 1804F=.:1 903 not limited to, the right to farec]ose andsell the Pia 95000086 not limited to, releasing and caaeeling this Security IInuracu take any action required of Leader including, but BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant fund convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally tho title to the Subject to any encumbrances of record oPa?Y against all claims and demands, THIS SECURITY INSTRUMENT combines uniform covenants for stational use and non-uniform covenants with limited variations by jurisdiction to constitute a unifottn Wearily inshtanent covering coal property. UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows: L Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges, Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Mote. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments doe under the Note and this Security instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security ILOrament is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Soeurlty Instrument be made in one or more of the following farms, as selected by Leader: (a) cash; (b) money order; (c) certified check, berth check, treasurer's check" cashices check, provided any such cheep is drawn upon an Institatian whose deposits are Insured by a federal agency, instrumentality, or entity; or (d) Electronic Punds Transfer. Payments are dermmd received by Lender when received at the location designated in the Note or at sued other location as may be designated by Leader in accordance with the notice provisions in Section 15. Lender may mum any payment or partial payment if the payment or partial paymmits are insufficient to bring the Loan current. Lender may accept any p"cat or partial payment InsufGfcieat to bring the Loan surreal; without waiver of any rights hereunder or prejudice to its rights to re&se such payment or partial payments in the future, but Lender, is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then lender need not pay interest an unapplied fonds. Larder may hold such unapplied funds until Borrower makes paymentto bring the Loan current. If Borrower does not do so within a reasonable period of tiros,- Lender shall either apply such funds or return them to Borrower. If not applied culler, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Itig menu pr performing the Covenants and agreements secured by this Security Instrument, 2. Application of Payments or Praeee&. Except as otherwise described in this Section 2.411 payments accepted and applied by Lender shall be applied in the failowiag order of priority; (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment In the order in which it became due. Any remaining amounts shell be applied fast to late charges, second to any other arnounts duo under this Security bstu muent, and then to reduce the principal balance oftho Notm If Lender receives a payment fmm Borrower for a delinquent Periodic Fryman which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If mom then one Periodic payment is-outmidiug, Lender may apply any payment received from Dorrowcr ru t+* a9my.ncnt or the Pertoale rayments ts; and to the extern that, each payment can be paid in full. To the extent that any excess exists after the payment Is applied to the fittl payment of ant or morn Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender Ott the day Periodic Payments are due under the Nate, until the Note is paid in fall, a sum (the "Funds") to provide for payment of amounts due for (a) taxes and assessments and, other items which can attain priority over this Security Instrument as a lien or encumbrance PENNSYLVANIA-Slualc Family-Fannie MuJFrtddle 514t UNIFORM INSTRUMENT DWUF A3 Form 30391/e! aocuum-v-c xomlaaaa fj' 3oJ13pagarJ BKI804PG1904 on the Property; (b) leasehold payments of ground rents on the 94000009 insurance required by Lender under Section S• and gym' if arty. (c) Premiums for any and all (d) 14ort8890 Insurance Premiums, if any, or my sums payable by Borrower to Lender io lieu ofthe payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items," At orightation or at any time during the term of the Loan. Lauder may require that Community Association Dues, Fem, and .-wssnte di and such dues, fees and aa$ossmentss shall be an Escrow Itegt, Borrower shall promptly cfurnish to Lender all notices of amounts to be paid under this Section. Borrower shall Lender waives Borrower's obligation to Escrow pay rho Fonds for any oral! Pay Escrow Lender the Items. for ywaiv items unless obligation to pay to Larder Funds for any . Lendermsywaivr Borrower's obligati In the event of such Funds . of escrow Items at any time, Any such waiver may only be in any in Riscrow g In Items for which Pay dirWy, when and where payable, the amounts due for Payment of Funds has been waived by Lender and, if Lender regnhrs, shall thn ah to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and ag ment contained in this Security hN mytent, as the phrase "covenant and agreement" is us 0d In Section 9. and Ag ree IfBarrower is obligated to pay Escrow items directly, pursuant to a waiver, and Borrower tbils to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all ):raids, and in such amounts, that are then required under this Section 3. Lender may. at anY due, collect and hold Funds in an amount (e) suirIcient to permit Leader to applythe Funds at the time specified under MPA, and (b) not to exceed the maximum amount a lender on require under RESFA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of exp®ditM= of future Escrow Items or otherwise in accordance with Applicable Law. The Finds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Louder, if Lender Is an lustitution whose deposits are so insured) or in any Federal Home Loan Bank Lender shall apply the Funds to pay the Escrow Items no laser than the time specified under RESPA. Lelbder shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account; or verifying the Escrow Inns, unless Lender pays Borrower interest on the Funds rand Appilean.re Law pannirc I.euucr ro matte such It 0112136, WON am agreement is made in writing or Applicable Law requires imam to be paid an the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds, Borrower and Leader can agree in writing, however; that Interest Shall be paid on the Funds Lender shall give to Borrower, without charge, as annual accounting ofthe Funds as required by RESPA. If there Is it surplus of Funds hold in escrow, as defined under RESPA, Leader shall account to Borrower for the excess finds in acoordeacc with RE.CpA_ If there is a shame of Fundy hold in escrow, 48 ehvfmod under RESPA, Lender shall antify.Borrower as required by RESPA, and Borrower shall pay to Leader th steee my to stake up the sbortogo in accordance with ItESPA, but m no Moro than 12 thl the amount is 8 deficiency of Funds hold in 0,C,0% = de tied under RESijA, Lender shall notify Borrower anre?Wiretl by RESPA, and Borrower shall pay to Lender the amount necossery to make up the dollciency In accordance with RESPA, but in no more than 12 monthly payments, Upon payment In full of all sums secured by this Security Instrument, Lender shall promptly rumd to Borrower any Funds held by Lender. 4. Charges; Liars. Borrower shall pay all taxes; assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items ire Escrow Items, Borrower shall pay thaw in the manner provided hi Section 3. Borrower shah promptly discharge any lien which bas priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secutcd by the lien In a manner acceptable to Leader, but only so long as Borrower is performing such agreement; (b) contests the lien in goad faith by, or defends against erhforcemcut of the lien in, legal proceedings which In Lender's opinion opemc to prevent the enfOrcetneot ofthe lien while those proceedings are pending, but only until such proceedings am concluded; or (c) secut:s from the holder of the lied an agrtement satisfactory to Leader sabordinatimg the lien to this Security PLANSYLVANIA-.Single Family-Fuunle WdFreddla terse UNIFORM INSTRUMENT OOCWA4 (P41ff 4 o113 Form 90391!01 Paz") 00CMMU-M 3613Z.12902 BK1804h1905 Instrument. If Lender determines that any Part of the property as this Security Instrument, Leader tea perry is subject to a lien whicch h can can attain priority over y give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, 9orrnwer shall satisfy the lien or t? one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-tithe charge for a real estate tax verification and/or reporting service used by Lender in connection with this LOU. S. Property Insurance. Borrower shall keep the improvements now cldsdng or hereafter erected on the Property Insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deduch'ble levels) and for the periods that Leader requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall bo chosen by Borrower subject to Lender's right w disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (h) s one- time charge for flood zone determination and certifieation services and subsequent charges each time maapphugs or similar changes occur which reasonably Wright affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resultiag from an objection by Borrower. If Borrower Nis to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular We or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained Wright significantly exceed the cost of insmuce that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be peyablc, with such Interest, upon notice from Lender to Borrower nequesmrg payment All insurance policies requited by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgage* minor as an additional loss payee, Lender shalt have the fight to hold rho policies and renewal certificates, If Lender requires, Borrower shell promptly give to Lender all receipts ofpaid premiums 4nd renewal notices. If Borrower obtelas any fbr m of insanuice coverage, not otherwise required by Leader, for damage to, or davuction of, the Pmpaw, such policy shall include a standard modgage clause and shall name Lender as mortgagor and/or as an additional Ions payer. In the event of loss, Borrower shall give prompt notice to the insurance carrier add Lender, Lender may make Droof of loss if 1nnt marts promptly by 1aortOWar. Unleft Loader dad Dos MWW ott,a,. iW aU,co lu Wrlth% any insurance proceeds, whether or not the underlying insurance was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration rwind, IAnder shaft have the A* to hold ouch rnaurause proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfectioo, provided that such inspection shall be undertaken promptly. Leader may disburse proceeds for the repairs and restoration in a *&]a payment or in a series of progress payments as the work is completed. Unless an agreetneut is made in writing or Applicable Law ftigWres interest to W paid on such insurance proceeds, Lender shah not be required to pay Borrower any interest or earnings on such proceeds, Fees for public adjusters, or other third parties, retained by Borrower shall nut be paid out of the Insurgnce proceeds and shall be the sole obligation of Borrower, if the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the suers secured by this Security Insuvment, whether or riot then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied In the order provided for in Section 2, If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters- If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event; or if Lender acquires the property under Seaton 22 or otherwise, PENT "%VANLt-Sing Family-Fannie MaelFreddie Mae UNIFORM INGMUMENT oocuaru (Page 5gfMpaga?) Farm 3a39 r/et uoem:su.IV= saM13ee3 8K1804VG190b Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds In anaamount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any ref tad of unearned premiums paid by Borrower) under all insurance policies covering the Property, imofor as such rights are applicable to the coverage of the Property. Lender may ruse the insurance p ce either to repair or restore the Property or to pay amounts unpaid under the Note or this Security ant, whether or not then due. 6.OccupaW. Borrower shall occupy, establish, and,use the Property as Borrower's principal residence within 60 days after the execution of this See" instrument and shall continue to occupy the Pmprrry A¢ n.,,, vwcr •s principal residence for at least one year after the date of aeeupat cy, unless Lender otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control, 7. Preservation, Maintenance and Protection of the Property; Inspection. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Propetry. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing In value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if dtnaged to avoid further deterioration or damage. If insurance or condemnation proceeds arty paid in connection with damago to, or the felting of. the Property, Borrower shall be responsible for repairing or restoring the Property only if Lauder has released proceeds for such purposes. Lender may disburse proceeds forthe repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the property, Borrower is not relievod of Borrower's obligation for the completion of such repair orrestorstion. Leader or its agent may make reasonable entries upon and inspections of the Property. If it has re"onable course, Leader may inspect the interior of the improvements on the Borrower entice at the time of qr prior b such an interior ' ettgn specOPert3' Lander shall give $. Borrower's Loan Appticatlow Borrower shall be in default iG dguriing the Lou application process, Borrower or any persons or eetities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or ruffed to provide Lender with material iohnution) in connection with the Loan. Material represeufatims include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protecdon of Lender's Interest in the Property and Rights Under this Sec aft ent. Borrower f ub to perform the covenants and agreements contained in this Security In instetrm (a) ctrl, (b) there is is a a le legal proceeding that might significantly alieet Leader's intotest in the Property andr'or tights under this Security ldstrtonotrt (such as a proceeding in baniaruptcy, probate. for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security instrument or to enforce laws 0 regulationsx or (t:) Borrower lift abandoned the Property, then tender may do and pay for whatever is reasonable or appropriate to protect Lender's Interest in the property and rights wader this Security Instrument; including protecting and/or assessing the value of the l rcpcrty, and securing and/or repairing the Property. Leader's actions can include, but are not limited to., (o) pitying any sums secured by a Lien which has priority overthis Security Instrument, (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, Including its scoured position in a bankmptq proceeding. Scouring the Property includes, but is not limited to, entering the Prop" to make repairs, change looks. replace or board rip doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turacdon or ofE Although Lender may take action under this Section 9, Lender does not have to do so and Is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice freer Lender to Borrower requesting If this Security Instrument is on a leasehold, Borrower shall comply with all thee provisions of the lease. Borrower shall not surrender the Ieasehold estate and intarem herein conveyed or terminate or cancel the ground lease- Borrower shall not without the express wrincn consent of Lender. alter or amend the ground lmc IfBorrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the mergar in writing, PENDIMVANin Single Family-Fanatt MieWreddre MNe UNIFORM INSTAUMEPTi uoc'tno,,d (Page or R03 pag-) Form 30391/ai "Oet-A-.." aOrallagqu QK1804P6l901 10. Mortgage Insurance. If Lender required Mortgage Insurance as a Borrower shall pay the pnemittms required to maintain the Mortga condition of making the Loan, Se Insurance in effect: Iii for any reason, the, Mortgage Insurance COVm Mge required by Lender ceases to be available from the mart provided such insurance and Borrower was required to make aeparatalY desi 948e insurer that previously premiums for Mortgage Instuance, Borrower shall pay the premiums r required tested payments toward the equivalent ft the Mot"a Insurance pre Ifsubst viousl in effee at It cost substantial bar coverage subs?tlally Borrower of the Mortgage Insurance previously effect, from an alternate mo r, equivalent to the cost to antially equivalent Mortgage Insurance coverage is not available, Sorrow shall Insurer selected by Lender the amount of the separately designated payments that were continue to pay to Leader effect. Leader will accept; use and retain these payments as a n n-?ndab o loss insurance reserve in Neu of Mo tg ie Insurance. Such loss reserve $hall be non-refundable, notwithstanding the fact that the Loan is ultimately imid?in full, and Leader shall not be required to pay Borrower any interest or earnings on such loss reserve, Lender can no longer require loss reserve p*ments If Mortgage Imurance coverage in the amount and for the period that Lender requires) provided by an insurer selected by Lender again mes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance, If Lender required Mortgage Inwraaee as a condition of ra tg the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurnnee, Borrower shall a the premms ortgage htsurance in affect, or to provide a nod-Wandabiq loss reserve, until Lendefsareq it mointr or Mortgage Insurance ends in accordance with any written agreement b er providin for such termination or until termination i5 required by w. etween Borrower and Lender providing for obli tion to Applicable Law. Nothing in this 9ectlpn 10 affects Borrower's ? pay iatarrst at the rate provided in the Note. Mortgage insurance reimburses Lender (or any entity that purclimes the Note) fwr certain losses it may incur if Borrower does not repay the Lien as agreed. Borrower is not a party to the Mort Mortgage insurers evaluate their total risk on all such insurance in force from time to ate, and may enter into agreements with other parties that share or modify their risk at reduce losses,11aso and conditions that ore satisfactory to the mortgage insurer and the other party (or lam) are ee menus These agreements may require the mortgage ?urcr to ? payments am) a these agreements. mortgage hisurer'may have available whia using any sauna of 13mds that the agreements, may include funds obtained from Mortgage Insurance premiinns), As z result of these other entity, or any affiliate of of the Lender, any punehnsar of the Nate, another insurer, any reimmer, any or r might be forogoing, may receive (directly or indirectly) amounts that derive from ( characterized as) n portion of Borrower's payments fbr Mortgage hxuran or modifying the mortgage hrsumer's risk, or reducing losses. If such ? at exchange for sharing ender takes a Share of the insurer's risk in exchange for a share of the e?eeaieaiprovides that r, at?'1r rata of Lender often termed "captive relusarance." tether premiums pad to the insurer, the arrangement is (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Lose. Such agreements will not luerease the amount Borrower will owe for Mortgage Insurance, surd they will Hqt entitle Borrower to any rebind, (b) Any such agreements win not sheet the rights Borrower has -• it any - respect to the Mortgage Insurance tinder the $omeowners Protection Act of 1948 or any other law Tt4eere rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to reeelve a refund of any Martgage Insurance premiums that were unearned atthe time of ouch cancellation or termination. 11, Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Ptupe Pr°pertY if the recto Qtr paged' such Miscellaneous Proceeds shall be applied to restoration or rep& of the repair and restoration period, Lender shall have theydghtit hod L such Miscellaneous beaus is not lessened. Daft such Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Leader's satisfaction, provided that such Inspection shall be undertaken promptly. Leander may pay for tha repairs sod restoration in a single disbursement or in a series ofprogiess payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is PENNSYLVANIA-Single Family-Faatde mot/ }eddleMmc UNIFORM 1Wsrt Ubn noCWA7 Rage 7 gr13 pagess) Form 3039 1101 mco?a+s•Vrz iornr+oaa BKI804Pi;1908 not ecoucmieatiy feasible or Lender's security would be lessened, the Miscellaneous Pmceedsashall be applied to the awns accused by tEii, ? cut, whether cr not then due, with the excess, if any, paid to Borrower. Such Miscellaneous applied in the order in the event of a total Provided for in Section 2. shall be applied to the sums secured yy this Security Ior loss in nstrument, value whether or not then' due, with the Excess,Iif any, paid to Borrower. In the event of a partial t" S, of the Property immediately before the al talonOr loss in value of the property in which the fair market value am ount of the sums second by this SecutetiLrs g, deatraction or loss in value is equal to or greater than the value, unless Borrower and Lender otberilose?ent immediately before the partial taeg, destruction, or loss agree in shall be reduced by the amount of the MiseallaneoProecedcadwriting, the stints secured by this Security nstrtutr ent amount of the stuns secured s multiplied by the following traction: (aa) the tow tal fair marker value of the pro ?Cdiately befera the partial taking, destruction, or toss is value divided by (b) the shall be paid to Borrower. psmtnediately before the partial taltlttg, deshucpea or loss in value. Any balance In the event of a partial taking, destruction, or loss in value of the Property in whlcb the fair market value of the Property immediately before The partial Wring, destruction, or loss in value is legs than the amount of the immed swas secured unless Bo otherwise agree ift wraitely before the valu the Mils lawn ussrocceedd?allobe papplie to theCsums seemed by and i,oark Instrument whether or not the sums are then due. by this 3ecuriry If the Property is abandoned by %rmwar, or If, agar notice b;p Landor to barrowar that the O Party (as defined in the next sentence) offers to make an award to settle it claim for p ""a respond to Lender within 30 days after the date the notice is given, Lender is nuibonzed?W collect ander fails the Miscellaneous Proceeds either to restoration or re air of the apply the Instrwneat; whether or not then due. " p _ Prop" or to the sums seemed by this Security proceeds or the perry against whom Borrower has rte rte grit otwdothe third parry that n in re tit Mrs owes ancous pro Borrower Miscellaneous cccils Borrower shall be in default if any action or proceeding, whether civ or criminals ? Lender's judgment; could result in forfeltum of the Property or other material impairment of Lenderesttt in the Property or rights under this Security Instrument. Borrower can wee such a deibult and, if acceleration has occurred, ral=te as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that; in Lender's judgment, precludes fotfzitme of the in the Property or rights under this Security Property or other material impairment of Lender's Interest attributable to o m Insame ot. The proceeds of any award or claim for damages that art: All o the iairat g?eds that are not t applied In the to PpffW ragon u rby signed and shall be paid to bender. the order provided for in Section Z, repair of the Property shall be applied in 12. Borrower Not Released; Forbearance By Leader Not a Waiver. Extension of the time for payment or modiffcadein of amortization of the stuns secured b this Security Lender to Borrower or any Successor in Interest of Borrower shall not operate to ro il,?g B?,er or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for secured by this Security Instrument b payment or otherwise modify amonization of the sums Interest b Borrower. A Instrument by won ofany demand made by the original Borrower or any Successors in Interests aY forbearance by Lender in exercising any right or remedy including, without limitation, acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several ]Liability; Co slgoero; Successors and Assigns Bound, Sormwar covenants and agrees that Borrower's obligations and liability shall be jolut and several. However, any Borrower who co-signs this Security mortgage, Instrument but does not execute the Note (a'tco-signeel: (a) is c alping this Security Instrument only to nt? grant and convey the co-signer's interest in the Property under the terms of this Security In Lender and a(h) is bliges to pay the sums secured by this Security Instrument; and (c) agrees that other not pBarrowllr ocan the terms of this Security In agree or the Mote width ? co-signer's consent accommodations with regard to PENN$yLVANIA_Singre Family- Fannie MpdFraddte Hat UNIFORM INSMVMF.N1 DDLIWAe Form 3034I/or aoeos.e.vza -to/21)2004 (Poge8ojl3pagerJ sK 1 804Fi:'1 9 09 96000036 Subject to the provisions of Section 1 R. Any fiuet-Ap tnr in Intewpr?a obligations under this Security Instrument in writi rest of Hvrrowor Who naaweca bo]YO ng, and is approved by Lender, Shall obtain all of Borrower's rights and benefits under this Security Instrument, Borrower shall not be released from Borrower's obligations and liability under this Security lnstrurnout unless Lander agrees to such release in writing. Thu coven d ants an agreements of this Security Instrument shalt bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 34. Loan Charges. Lender may charge Borrower fees for services performed is connection with Borrower's default, for the purpose of protecting Leader's interest in the Instrument, including, but not limited to, attorneys' fees, property i nsp °d and ??fesnider this Security other fees, the absence of express authority in this See ectichsad valuation fes. In regard to any not be construed as a prohibition on the ?' Instrument to charge a specific fee to Borrow= shall of such prohibited by this Security Instrument or by Appliicgable Law fee. Lender may not charge fees that ere expressly If the Loan is suhjact 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 ceilleeted in connection with the Loan cxcaed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the petmitted•lindt; 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 snaking a direct payment re?e horrower. If a reed reduces principal, the reduction will be treated as a partial propaymcut without as charge (whctber or not a prepayment charge is provided for under the Note;). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of nay right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Louder in connecton with this Security Instrunumt must be in writing. Any notice to Borrower in connection with this Security insnwaeut shall be deemed to have been given to Borrower when mailed by Brst class mail or when actually delivered to Borrower's notice address if sera by other tneaas. Notice to any one Borrower shall constitute notice to all Borrowom unless Applicable Law expressly requires otherwise. 'lire notice address shall be the Property Address unless Borrower bas designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for report a change of address ?°?? Borrower's clraage of address, then $orr+ower shall ?y under this change through that specified procedures There may be only one designated notice address y Instrument at any one time. Any notice to Lender shall he given by delivering it or by andling it by first class mail to Lender's address slaind heroin unless Leader hay designated mother address by notice to 9Ort+owex. Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrmnent 16. Governing Law; Severability, Rules at Construction. This Security Inset shall be governed by federal law and the law of tha jurisdiction in which the ftoF6rty is located. All rights and obligations contained in this Security Instrument are subject to any require mcuts and limitations of Applicable Law. might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall nLaw be construed as a prohlbidon against e ot Security Instrument or the Note geement by contract. In the event that any provision or clause of this this Securi conflicts with Applicable Law, such conflict shell not 4acx other provisions of ty Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall moan atu include corresponding neuter words or words ofthe feminine geodes (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Hai-rower's Copy, Borrower shall be given one copy of the Note and afthis Security Instrument. 18. Transfer of the Property or a Beneflelnl Interest in Borrower. As used in this Section 1$, "Interest in the Property" means any legal or beneficial interest in the Property, ineludwg, but not limited w, those beneficial interests transferred in a bond for deed, contract for dead, Installment sales contract or escrow agreement„ the intent of which is the transfer of titie by Borrower at it Amu date to a purchaser. If all or any part of the property or any Interest in the Property is sold or transferred (or X Borrower is not a nuhrra) person and x beneficial interest In Borrower is sold or transferred) without Lender's prior written PENNSYLVANIA-Single Family-Faanle Mat&reddle Mae UNIFORM INSTROMENr CoCUUAg (Pegs 9 ors pages) Form 3039 LaI DOCMwA3-VM 10/231,1007 BK 1 8 0 41-;? 19 10 consenri Lender nurequire lgtmeGtaie 96oaeaa6 ay payment to !au nfatt gums aet:urt:S by uils Suuutity Lryuwuoui, livtircrci, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Iusuvment. if Borrower fans to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without fiwtler notice or demand on Borrower. 19. Borr'ower's Right to 13elustate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of We contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment anforcing.tith Security Instrument, Those conditions are that Borrower. (a) pays Lender all sutras which then would be due under this Security Instrument and the Note as Hoc, acceleration had occurred; (b) cures any default of any other covenants or 49reemems; (e) pays all expenses Incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation &as, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Properly and rights under this Security lnstrlumea4 and Borrower's obligation to pay the sums secured by this Security Ioattumen% shall continue unchanged Lender may require that Borrower pay such reinstatement sums and expenses in one ormore Qf the following forts, as selected by Lender; (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashiar's check, provided any such ehmi is drawn upon as institution whose deposits arc insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Thwor. Upon reinstatement by Borrower, this Security Instrument and obligations scored hereby shall remain fully affective as if no notelorstloe Lad oearmed. However, tbla right to eoinstato oball not apply in the edge olmoolmmiaa under 8eetion 18. 20. Sale ofNote; Change of Lane Servicer; Notice of Grievance. The Note or a partial interest in the Noce (together with this Security hum meat) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loira Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note. this security instrument, and Applicable Law. Thera also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of tho Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Swdcor; the address to which payments should be made and any otter information RMPA requires in connection with a notice of transfor of servicing. If the Note is sold and thereafter the Loan is ser W by a Loan Servicer otbor than the porchwer of the Note, the mortgage loon servicing obligations to Bogower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note pwchatar unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join. or be joined to any judicial action (a5 either an Individual litigant or the member of it class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Sectz* Iustrlunertt, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section IS) of such alleged breach and afforded the othet patty hereto it reasonable period a8nr the giving of such notice to lake corrective action. If Applicable Law provides a time period which must elapse before certain action can be talwn, that time period will be deemed to be reasonable far purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section i$ shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this section 20. 21. Hazardous Substances. As used in this Section 21; (a) "Hazardous SubstanceC are those substances r1nPrnnd es ti?rin or ha2erdous snbsfnncoc, pnll.ttanu, or wastes by linv;mornAntal t nur and the founwing substances; gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materiels containing asbesros or formaldehyde, and radioactive materials; (b) "Euvirvnrnentai Law" means federal laws and laws of tiro jurisdiction where the Property is located that relate to health, safety or environmental protection; (a) "Environmental Cleanup" includes any response action, remedial action, or removal PENNSYLVANIA-Slogic Famay Fswdg MadFreddle Mote UNIFORM INM*UOIENT Farm 3039 t/pl pOMPAIY (Pace !c ofr3raae+1 aoeonu.vn lorhisooa ex I bU4PG 191 1 action, as defined in Environmental Law; and o (d) an "Environmental Condition" meatus a a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release.any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely effects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Properly of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, ha-rdous substances in consumer products). Borrower shall promptly give Leader written notice of (a) 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, (b) any Environmental Condition, including but not limited to, any spilling, lealcing, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or Is notified by any governmental or regulatory authority, or any private perry, that any removal or other remediation of any gazardous Substance affecting the Property is necessary, Borrower 4411 promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any oblgation'on Lander for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22, Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleratiou following Borrower's breath of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender sbaff noddy Borrower o4 among other tidap., (a) the default; (b) the action required to cure the default; (c) when the default most be Lured; and (d) that failure to cure the default as specified may remit In acceleration of the sums secured by this Security Instrument, forcclosure by judicial proceeding and sale of the Property. Leader shall further Inform Borrower of the right to reinstate attar acceleration and the right to assert is the foreclosure proceeding the non-exltrtence 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 flail of all sums secured by. this Security Instrument withaut 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 Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment ofall sums secured by this Security lnstrument, this Security Insmunent and the estate conveyed shall terminate and become void. Alter such oconznw, Loader shall disabargo and satisfy this Security htstnmrent. Borrower shall pay any reoordatiou costs, Lender may chnrge Borrower a fee for releasing this Seourity Instlumank but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24, 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 bomestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section. 19 shall extend to one hour prior to the commencement of budding at a shcr s. sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security instrument is lent to Borrower to acquire We to the Property, this Security Instrument shall be a purchase money mortgage. 27. Intoreat nate Anar Judgment. Aerrawar a6ceea that tke intamee rate payable after %.i vftmant is catered on the Note or in so action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA-Sigle Family-xaanic Mr+tfflW4te Mee UNVORrit rrySTR11M T Farm 3a39 flat nacu?At i .VtY. iaialroaaa (Page 11 of 13 paper) LaGa?1la B;? l 804 p'19 2 gs99oass BY SIGNING BP-LOW ormwer accepts an agrees to the terms and covenants contained in this Security Instrument and in 'de by ower and recorded with it r -1 r c 7 3 - WREm- DO Y,6= z3w - I1xTx - P MIA-Smglo Fenuly-Fannie MneJFreddle Mee Fowrt STRUMENY Form 3939 t/oi PGC91@M112 .vri ]012le]O43 (f a9v 11 Of 13 Pagel) eoCVbair r 3U?g13 j5 ace Below This Line For A,clta, lodgment] 96000086 Commonwealth of , Coutlty of On this the 4-9rjrIe day of 1)ft Jl ,110v5 , before me, , the undersigned officer, personally appeared w 04"W S- yon e (- known tome satisfuclorit ' (or y proven) to be the person{ whose name 1S subscribed to the within instrument and acknowledged that 4-executed the same for the purposes therein contained. In witness whereof I heraurito set my hand and official seal „ Notarial seal A shfep K°ys Nola f'ublto Hampden Twp. Guinter?a,td Conty Title Officer MY Carrorussinn Expires , 17, 2004 MESI:SI Penn ssyyivalge U'Z-/Ll'y /.S CERTIFICATE OF RFD ' FPICE I?taaus do hereby certify that the correct address of the within-named lender is 2702 BMITLAW CRUTZ i P=Y WM. 300 KILMi M, rL 371161-7294 witness my hand this 27TH day of 1"ECH, 7003 - A,gant f Lander PENNSYLVANIA-Single Family--Fannie Nine/Freddie Mae UNIFORM INSTRUMEW Furor 3939 UDI ooeuxrAU {Page 13 0113PoEes} DOC9ri?,V=f 161MV21107 g'4j804'.1 g14 ADDENDUM TO SECURIW INSTRUMENT The undersigned mortgagor acknowledges that the mobile home being used as collateral for this loan has, since the date ofthe attached security instrument, been affixed to the land with the intenr that it remain permanently attached and that it become part of the real estate conveyed hereby and subject to the lien of this security instrument_ Borrower SLM" - Y Iz -Dam norroutr Daft Sorrowor -D* Bonmwer -pqm State of County of This foregoing instrument was acknowledged before we thi$ t?7 N day of A,r'""`-' ' & ? by who islare personally known tome orbayUve pradueed 1? as identification and who did/did not take an oath. V21?- No Public My commialon expires: Sh WQY Keysk,Nootaarryy Public tmpden ., Gumoadand county My Commission FWras June 17, 2W ItilemOar,PannSylven?npse4rJdtionatt?tlpg notuuac b=vW,'r= o210ar2oui UK 1 8 0 4 PG 1915 ALL THAT CERTAIN lot of land, with the improvements thereon, situate in the Village of Oakville, North Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point on the eastern side of T-389; thence along Lot 4 South 42 degrees 03 minutes 52 seconds East 224.97 feet to a set iron pin; thence along Lot 5 South 32 degrees 55 minutes 46 seconds West 197.60 feet to a set iron piny thence along the northern side of a 50 foot private right-of-Way North 57 degrees 48 minutes 38 seconds west 176.58 feet to a set iron pin; thence along the same and a curve to the right with a radius of 40.00 feet, an arc length of 52.85 feet, a chord bearing of North 12 degrees 47 minutes 49 seconds West, and a chord length of $6.58 feet to a point on the eastern s9de of T-389; thence along the eastern side of T-389 North 32 degrees 13 minutes 00 seconds East 17.99 feet to a point; thence along the same North 32 degrees 55 minutes 46 seconds East 200.65 feet to a set iron pin the point of BEGINNING. CONTAINING 1,1296 acres. BEING Lot N9._3 on a Final Subdivision Plan for Mahlon N. Zimmerman recorded in Cumberland County Plan Book 86, Page 6A.- BEING PART OF THE SAME PREMISES WHICH Mahlon N. Timmerman, by his deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Elwood J. Yohe, II. I Certify tlti?: i rccor(led PA of Deets BK 1 B04PG 1916 Washington Mutual Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 March 18, 2007 ELWOOD J YOHE II 63 REDSHED RD SHIPPENSBURG PA 17257 ?NI?1?10611IINI?n?la6Y01? 06064 7100 4047 5100 3936 5942 000183 /Pc WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0606409092 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in def 1t and h lendeLintrads to foreclor. t nature of the default is provided in h attached 12a= The HOMEOWNER'S MORTUA A Si T NC PROGRAM (F1M ) Y be be able t help YC Your h m _?. This Notice explains how the program work To see if H MAP can help vo u m ust MEET WITH A ONS m R RFn1T CO INSFLING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTI E Tak this Notice with you when yQu me?t with the .nnncPling Age-my The The name addr c and phone n m r of Consumer Credit Counseling Agencies serving your County aM listed at the d c h Notice you h_ avve ny_questions. you may call the Penngylya_1_a_ Housing Finance Agency toll free at 1-800- 42-222 (Persons with imp it d If hearing can call (717) 780-1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES 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. PA ACT 91 EXHIBIT `g° HOMEOWNER'S NAME(S): Elwood J. Yohe II PROPERTY ADDRESS: 63 Red Shed Rd Shippensburg PA 17257 LOAN ACCT. NUMBER: 0606409092 ORIGINAL LENDER: Flo CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH AN AVE 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 BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR 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. TEMPORARY STAY OF FORFCI S11RF - 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. AIF -- THE PART OF THIS NOTICE CALLED "HOW Tn CURE YO R -MORTGAGE DEFAULT". EXPLAIN HOW Tn BRING UP TO DATE YO iIt MORTCarE CONSUMFR CREDIT CO 1NSFI ING A NCIEN - If 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. add= =,a a d elephone numbers of dcsign tee one ,m r credit s ?g g y in which the ou crlin a encies for th rnnnr pL4nerty i located ar set forth a th end of this Notre, It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. AEELI CATION FOR MDJUfAGE eSSicTAhlj E _ 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 Mortgage 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 postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW 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 that 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 FILING OF A 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 tiled bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000183/CC826 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u to date). NATUR OF THE D FA i T - The MORTGAGE debt held by the above lender on your property located at: 63 Red Shed Rd Shippensburg PA 17257 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 01/01/2007 02/01/2007 $720.77 03/01/2007 $720.77 $720.77 Other charges (explain/itemize): Uncollected Late Charges Uncollected Fees: $108.12 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $0.00 $2270.43; B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO R TH D FA T - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2270.43;, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must check, or rnoney order made payable and sent o mad P'*hrr by cash- 1 ' arK certified Washington Mutual Bank Cash Processing P.O. Box 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DFFAUi T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, th 1 nd r intends to exercise its rights to ace aara h mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the 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 to fnr_ erlosg??pon yo ?r mortgaged pro r v *IF THE MORTGAGE US FOREC OcFD UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, youtwill 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 attonery'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 h ThIRT1 (30) DAY period von will not required to pay attorney's fees. OTHER i E?yDFR REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA ACT 91 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE _ If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yo_ u y still have_ the right_ to cur the default and prevent the sal a an time lip to on >, ur before the Sh riffs calf You may do so by paving the total amount h n a t due -lus any y o? t n f an nn wa h h f r I r 1 n n r p p connected late or o h r charges assn -duc. ]ig costs thr lealder and by performing any other require m= under the nn i with h Sheriff' 5 Sale as ifi in writing restore your mortgage to the same position as if you had never defaulted. Curing your default in the manner set forth in this notice will EARLIEST POSSIBi E SHERIFF'S?? SAic'DATE _ - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's 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 required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER- Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhom loans com EFFECTS OF SHERIFF'c SAi E - You should realize that a Sheriff's Sale will 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 - You may or -X may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 • Washington Mutual Mailstop JAXA2031 P.O. Box 44090 Jacksonville, FL 32231-4090 March 18, 2007 #BWNCLNN# #0906069409909298# ELWOOD J YOHE II 63 REDSHED RD SHIPPENSBURG PA 17257 000182 /PC 0606409092 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0606409092 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice rhhat t mor Pave on vour home is in default and the lender in+e ds r for rlnsp cps F ,atl,m auo ,T +h nature of the default 1c provided m h attached pa= The HOMF.OWN R'S MORTGAGE ASSISTANCE R r ROGRA>\(hFMAp) may he able to h 1p to save you horng This Notice explains how the program_ works, To se& if HFMAP ran help you must MEET WITH A ( NSLME 30 DAYS O - R CREDIT CO NSF> tNr AGENCY ..,,T F THE DATE OF THIS NOTICE- Take this Notice M ,+ "711 yo , when you meet with h r 1; n The name addr=. and phone r r i Counseling-Agencies yQu have any questi r i r r li n n5. you may 1 h P n ly i Housing Fin n A n l frre al 1- hearine an call 717) 78Q-1869) 42-2 (Persons i r impai This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency 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 rind a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES 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. PA ACT 91 4 HOMEOWNER'S NAME(S): Elwood J. Yohe II PROPERTY ADDRESS: 63 Red Shed Rd Shippensburg PA 17257 LOAN ACCT. NUMBER: 0606409092 ORIGINAL LENDER: Flo CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FI AN IAL A ISTA E HI H AN 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 BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR 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. TRMPORARY STAY OF FORFCi OC1iRF - 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 NOT APPLY FOR RM .R ,ENCY MORTGA . ASSISTANCE; YO 1 It.rIST BRIIy ,C , YOiIR MORT , A(',F. 11P O DAL IF 10 J T OF THIS NnTtr-F CALLED ?? T ne?rc TH" PART HOW TO CURE YOiiR MORTGAGE DEFAIli'I'II E _ INS HOW UP TO DATE TO RRii\t(: YOUR Ii40RT(;Ar:F CONCI M R CR DIT CO iNCFt IN A h[ iM - If 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 n mPC addr Ss c and 3&lephone numbers ofdesignated consumer credit cou cPling agencies-for h count in which the - end of this Notice, It is only necessary to schedule one face-to-face meeting. Advise your lender imm d a ely of your ntentions.h a the APPLICATION FOR A"ORT A F AcciCTANCF -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). ]f 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 Mortgage Assistance Program. To do so, you must fi ll 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 postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW 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 that 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 FILING OF A 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 filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) A 000182/CO826 HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it u to date). NATURE OF THE DEFAULT T - The MORTGAGE debt held by the above lender on your property located at: 63 Red Shed Rd Shippensburg PA 17257 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 01/0112007 02/01/2007 $720.77 03101/2007 $720.77 $720.77 Other charges (explain/itemize): Uncollected Late Charges Uncollected Fees: $108.12 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $0.00 $2270.43; B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO C IRE TH DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2270.43;, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by c h shi r'e rh k certified check. or money order made payabl and to- Washington Mutual Bank Cash Processing P.O. Box 41275 Jacksonville, FL 32203 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT (URE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, h Irndgr intends to ex rris its rights to an- lcrat he mortgage deht. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the 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 to foreclose noon your mor aged pro r v *IF THE. MORTCA I FOR rI ncFD iIPOh 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 attonery'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 .r the default DAY Period vo L will not be req uir d o pay attorneys feed within h THIRTI f Ol OTHER t ENDER EMEDIEG - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA ACT 91 !1 RIGHT TO CURE THE D FA n T PRIOR TO SIB- FRIFF S SALF - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you may still have the right to cur th d fault and prevent th 1 t an lime up to on ho our before the Sheriff' Sal?. You may do c by paving the total amount the pt d 11? any e attorne s fees and rusts -?'? p-y late or other charges the t wl Y nn tPd with the foreclosure?al?and any other costs rnnne rd with the ShP iff c Sale a specified the lender and by performing an-y other re uiremen under the mQrtgagc- Curing your default in the is notice by restore your mortgage to the same position as if you had never defaulted. manner set forth in this notice will F.ARi I ST POSSIB SHFRIFF S SA F DATF - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriff's 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 required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926-8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloan• coo EFFECTS OF SHERIFF?ceI -E. _ You should realize that a Sheriff's Sale will 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 MORT A E - You may or .x may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 ?t . Washington Mutual Bank v. Elwood J. Yohe H VERIFICATION The undersigned is _ia of Washington Mutual Bank on behalf of Washington Mutual Bank and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Washington Mutual Bank on behalf of Washington Mutual Bank Date: A,4,, a,2L?i L?„lr> Name: ( T '* `/ 2riJ itle: ?V Company: ?,(?Ct?junc_A? Loan:0606409092 U 07-29285 ?? 1 ?` p?rr S h? 1 V tlQ YO v_ v ?? ?y^f\ V c? ? ?. ?:. ? ? C7 _ „? -pi r? "-! ?? .. -.?.? `? i'-? ` ; '? ` r i } '*'? - ` , ! ' +? 7 _ , ? _ e? -?f ?' \? iJ SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF vs. Elwood J. Yohe II DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2862 CIVIL TEAM PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & KREISMAN, LLC BY: 6i? Ilana Zion, Esquir Attorney for Plaintiff ? ? ? C C'z ? p {? ? %. c__. O s aft` 1.. ?. ,,o ? ,__,, ??a .. - ?; =? °? ? ?_ _,. :? ? ? .< --? SHERIFF'S RETURN - NOT FOUND P• CASE NO: 2007-02862 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS YOHE ELWOOD J II R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT YOHE ELWOOD J II but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 63 REDSHED ROAD SHIPPENSBURG, PA 17257 63 REDSHED ROAD IS VACANT. YOHE ELWOOD J II NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge 1'31/01 (:?, ? So answers :.___ -, 18.0 0 14.40 5.00 R. Thos Kline 10.00 Sheriff of Cumberland County .00 47.40 SHAPIRO & KREISMAN 05/17/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02862 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS YOHE ELWOOD J II R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 63 REDSHED ROAD SHIPPENSBURG, PA 17257 63 REDSHED ROAD IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 6j 6)/ bit 4 OCCUPANT NOT FOUND , as to So answer 6.00 °- .00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 ? 21.00 SHAPIRO & KREISMAN 05/17/2007 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02862 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS YOHE ELWOOD J II RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE YOHE ELWOOD J II the DEFENDANT , at 0925:00 HOURS, on the 12th day of June , 2007 at 135 SOUTHSIDE DRIVE NEWVILLE, PA 17241 ELWOOD J YOHE II was served upon by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 4/(PlO 7 Sworn and Subscibed to before me this of So Answers: 18.00 9.60 -!' .00 10.00 R. Thomas Kline .00 37.60 06/12/2007 SHAPIRO & KREISN)q By: day ep ty Sheriff A.D. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF ; CIVIL DIVISION VS. CUMBERLAND COUNTY Elwood J. Yohe II DEFENDANT NO:07-2862 CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $118,842.29 in favor of the Plaintiff and against the defendant for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $108,916.81 Interest at 6.5% from December 1, 2006 to July 16, 2007 (228 days @ $19.40 per diem) $4,423.20 Late charges (for certain months prior to default and every month after at a rate of $36.04 per month) Title Search Report Fees Attorneys Fees TOTAL AMOUNT DUE $252.28 $250.00 $5,000.00 $118,842.29 Lauren R. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant and damages are assessed as above in the sum of $118,842.29. A r1 07-29285 Pro. 0 tb -? CIO -L. SHAPIRO & KREISMAN, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. LAUREN R. TABAS, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 93337 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe II DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: STATE OF: A4 COUNTY OF: 1,19akOin-_ AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. By: Washingto utual Bank on behalf of Washington Mutual Bank NAME: TITLE: Sworn to and subscribed before me this Notary Public 07-29285 JAMES C. MORRIS ,NOTARY PUBLIC • MINNESOTA Is- MY COMMISSION EXPIRES JAN. 31, 2 0 0 9 ' ?? C 3 ? ?? ? ? <=- ....z ?-. c..- ? i ? ? --. , 7 4? _ ? ?) .? ..%..j't1 _ ? ? ? }r t. .. ' ,/ ? ? SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe II DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2862 CIVIL TEAM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Elwood J. Yohe II DATE OF NOTICE: July 3, 2007 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION UAPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 Ilana Zion, Esquire Shapiro & Kreism Attorney for Plaintiff r-a v ? -t fJ SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe II DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2862 CIVIL TEAM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, July 3, 2007 to the following Defendants: Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 Ange a D'Antonio, Legal Assistant to Ilana Zion, Esquire for Shapiro & Kreisman, LLC ? r-Z, r SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF vs. Elwood J. Yohe H DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-2862 CIVIL TERM CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person or their attorney of record: Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 Date mailed: I - 13 D & KREISMAN, BY: Lauren R. Tabas, Esquire Attorney for Plaintiff 07-29285 ?"' C-7 ? ? ? ? - ? '! t.v ? -C wr . ?: { ?? .,. ,..?.? ? ? rl , .....+r Vi'i'} • ?? J 1 h ?++r A7 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe H DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-2862 CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Washington Mutual Bank 11200 West Parkland Drive Milwaukee, WI 53224 and that the last known address of the judgment debtor (Defendant) is: Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 BY & KREISMAN, LLC I.au"ren R. Tabas, Esquire Attorney for Plaintiff 07-29285 a"?? ?a ..-? ?. .? ..r,c t- ?_. ? ? "- ?.' : , >.. .-,-} '? ,? ?,. `_t t.] .r. r? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe H DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:07-2862 CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above p oceeding as indicated bel Curtis R. Long Prothonotary - [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other Washington Mutual Bank File No. 07-2862 Civil Term PLAINTIFF Amount Due $118,842.29 Interest July 17, 2007 to December 5, 2007 is $3,004.72 vs. Atty's Comm Costs Elwood J. Yohe II DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody op-Wtrol of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as lis ens against real es a of the defendant(s) described in the attached exhibit. '771 L , Date: Signatu : _ Print Na .Lauren R. Tabas, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 93337 tex ? 1 1 • h O tR `'• O O O w w w c'- C:.._ I - - WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2862 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From ELWOOD J. YOHE, II (1) You are directed to levy upon the property 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: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,842.29 Interest 7/17/07 TO 12/5/07 IS $3,004.72 Atty's Comm % Atty Paid $225.00 Plaintiff Paid Date: JULY 17, 2007 (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 L.L. $.50 Due Prothy $2.00 Other Costs -F"LY Supreme Court ID No. 93337 i SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Elwood J. Yohe II NO: 07-2862 CIVIL TERM DEFENDANT ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Elwood J. Yohe H 135 Southside Drive Newville, PA 17241 Your house (real estate) at: 63 Redshed Road, Shippensburg, PA 17257 30-25-0116-048 is scheduled to be sold at Sheriffs Sale on December 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $118,842.29 obtained by Washington Mutual Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. 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. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. 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. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-29285 O ALL THAT CERTAIN lot of land, with the improvements thereon, situate in the Village of Oakville, North Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point on the Eastern side of T-389; thence along Lot 4 South 42 degrees 03 minutes 52 seconds East 224.97 feet to a set iron pin; thence along Lot 5 South 32 degrees 55 minutes 46 seconds West 197.60 feet to a set iron pin; thence along the Northern side of a 50 foot private right-of-way North 57 degrees 48 minutes 38 seconds West 176.58 feet to a set iron pin; thence along the same and a curve to the right with a radius of 40.00 feet, an arc length of 62.85 feet, a chord bearing of North 12 degrees 47 minutes 49 seconds West, and a chord length of 56.58 feet to a point on the Eastern side of T-389; thence along the Eastern side of T-389 North 32 degrees 13 minutes 00 seconds East 17.99 feet to a point; thence along the same North 32 degrees 55 minutes 46 seconds East 200.65 feet to a set iron pin the point of beginning. CONTAINING 1.1296 acres. BEING Lot No. 3 on a Final Subdivision Plan for Mahlon N. Zimmerman recorded in Cumberland County Plan Book 86, Page 6A. BEING the same premises which Mahlon N. Zimmerman, married man, by Deed dated March 27, 2003 and recorded in the Cumberland County Recorder of Deeds Office on April 4, 2003 in Deed Book 256, page 2368, granted and conveyed unto Elwood J. Yohe, II, married person. ?? ?? ?._a ? ?? _., ? _ r.v i. --, _?., __?,,? - ;t ?:.. ;?7 ?.a? _? r?? SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I. D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe R DEFENDANT ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2862 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 63 Redshed Road, Shippensburg, PA 17257. 1. Name and address of Owner or Reputed Owner Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 2. Name and address of Defendant in the judgment: Elwood J. Yohe R 135 Southside Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 11200 West Parkland Drive Milwaukee, WI 53224 Orix Financial Services, Inc. f/k/a Orix Credit Alliance, Inc. 600 Townpark Ln. Kennesaw, GA 30144 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 8- r .V Sovereign Bank 525 Lancaster Ave. Reading, PA 19611 Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 63 Redshed Road Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. & KREISMAN, BY R. Tabas, Esquire 07-29285 t"t ? ? O ? ? -,? c___ ?' .-..1 "?" _.w :C? „'i?? -; r*J ...,.. -G SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe II DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2862 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 63 Redshed Road, Shippensburg, PA 17257. 1. Name and address of Owner or Reputed Owner Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 2. Name and address of Defendant in the judgment: Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 11200 West Parkland Drive Milwaukee, WI 53224 Orix Financial Services, Inc. f/k/a Orix Credit Alliance, Inc. 600 Townpark Ln. Kennesaw, GA 30144 Michael F.J. Romano, Esquire c/o Orix Financial Services, Inc. f/k/a Orix Credit Alliance, Inc. 52 Newton Avenue P.O. Box 456 Woodbury, NJ 08096 r/ .. 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 Sovereign Bank 525 Lancaster Ave. Reading, PA 19611 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 63 Redshed Road Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KREISMAN, LLC R. Tabas, Esquire 07-29285 cr" _? tlT I SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe II DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2862 CIVIL TERM CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Washington Mutual Bank, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on August 28, 2007 and October 24, 2007, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: -4 ? W- Heather Whitman Legal Assistant 07-29285 I Cn O W 00 V ?o a 2 d N O N `CD CD 0 n 3 a 7 0 d 0 9 M r -1 O N CL CD V 0) to A w N -? Z c ONSN aro g v m ?C C 3 ° V xom ." O 77 ON Roa o ? N ? D a CD ? ? y y _ > "d < y a ??o N CD Cn a ? 2 o m ?0 0 C 3 ?p aCc 3 v? y O f5 ff DD ffDD N N ??? ?Crn2O f7- v?a ??-3 M. W ;:r UJ CD y 0 ;:V PTJ CL m Co CD ... c? CD cn ? w L Q m C g X o o a N SO (D :Z. 0 ( 3 > C sv ?. Uo C D Q CL a? ; -- ?g s ?? o ° a wo ; Yam ?- CD ? N N d N cD ?cD• CD 0 .? CD ???? o ?o r? c? 3 m w O C N C m m . ' o v 00 (D 3 r a y a o m _ ?\ Si m CD ti -b n CAb f •-. D Q sit, x CD w 3 g. 01 in' Q •O • j ? n Cl ? ? 9? C7 = S 7 g tt ' cD -• I a o IJN/TF : D CSw 4 y ? ' . - • G CD 0 A C p 1 C] ? p a fD A N N C7 B N c fDa w m N. to ?? °a C ? v O On m D elivery onfirm tion C Signat re Con irmati n m Specia l Handli ng Res tricted Delive Return Recei t M' ? M r -1 i V O N Oo ti A W N Cn C/1=p1 Z COIIw111 Ot N O'O 3 b ?_ 4 . 0 0?xod o ' -'03 , N CL R° 2 0 0 D n a C O T 00 =' o C W d H N D a 4 to 0 Ap ?? n a Z O 0 c 3 ?Z r- 3 0 O 0-1 N 40i (..A 0 Sr ai O z x. O 0 as o ????? ^f m 4. CD m FmgO 0X -0 o CL -T7 'TI c ? a H B 3 .? > a i o K = o ? ? m C 3 N D C) C ? ??\\oo ? ? ? ???? N 3 hey lip c? n cn CD rn d m yz?z a m c? ?c oo ?-w r`-t fD n N -2i 3ya c ;,co m n n O l 1 El : . 3 $ m m A? o m ?Q m 0 a O 5?i ro m m 0 CD ) a 0 1 ? m D CA 0 U W ° 0,1 3 0 3 d N j "' m 'O TDW/I/ n? oaz?' m N a m? T A D N_ mm K m 3 .? ?Od ®P B r d CO m 0 (n Q o o bs CD N n ? ri O 2? T De livery onfirm tion f ? -A,•? O 2 - Signat re Con irmati n ?° ° a N? n 0) Specia Handl ng m 0) Re ricted Delive o Return Receip t m W 00 V V m Q C d N O O N v O 0 O 3 V a Cr W d O w m C`.? +?? ??? Y . r ? `? . ? ,'r, j__. ?,? ?', ?' ?V? S'1`( ` ?? ?? o- 2€ (-QZ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal Natl Mtg Assoc is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 17th day of July, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2862, at the suit of Washington Mutual Bank against Elwood J Yohe ii is duly recorded as Instrument Number 200746883. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this f? day of O'c A.D. V00? 19 Recorder of Deeds Reecw of f ws' Cumbedend COWtY, Cad*, PA * ewe" M Evime the Fiat M*X* Of JM. 2010 Washington Mutual Bank VS Elwood J. Yohe, II In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-2862 Civil Term Cpl. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on September 18, 2007 at 1048 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Elwood J. Yohe, II, by making known unto Elwood Yohe, II personally at 135 Southside Drive, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1111 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Elwood J. Yohe, II located at 63 Redshed Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Elwood J. Yohe, II by regular mail to his last known address of 135 Southside Drive, Newville, PA 17241. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Lauren Tabas, on behalf of Federal National Mortgage Association. It being the highest bid and best price received for the same, Federal National Mortgage Association of 1900 Market Street, Suite 800, Philadelphia, PA 19103, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $937.45. Sheriff s Costs: Docketing $30.00 Poundage 18.38 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 24.96 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 304.19 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 937.45 t/ /;11.31/0 -1 '0 C', . L 553 ;?, 2 v :i SL( So Answers: R. Thomas Kline, Sheriff j BY D Real Estate ergeant DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-2862 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank PLAINTIFF VS. Elwood J. Yohe H Washington Mutual Bank, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 63 Redshed Road, Shippensburg, PA 17257. 2 3 4. Name and address of Owner or Reputed Owner Elwood J. Yohe II 135 Southside Drive Newville, PA 17241 Name and address of Defendant in the judgment: Elwood J. Yohe H 135 Southside Drive Newville, PA 17241 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 11200 West Parkland Drive Milwaukee, WI 53224 Orix Financial Services, Inc. f/k/a Orix Credit Alliance, Inc. 600 Townpark Ln. Kennesaw, GA 30144 Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 11200 West Parkland Drive Milwaukee, WI 53224 . I • Sovereign Bank 525 Lancaster Ave. Reading, PA 19611 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 63 Redshed Road Shippensburg, PA 17257 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. O & KREISMAN, A BY R. Tabas, Esquire 07-29285 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29285 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Elwood J. Yohe 11 NO: 07-2862 CIVIL TERM DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Elwood J. Yohe H 135 Southside Drive Newville, PA 17241 Your house (real estate) at: 63 Redshed Road, Shippensburg, PA 17257 30-25-0116-048 is scheduled to be sold at Sheriffs Sale on December 5, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $118,842.29 obtained by Washington Mutual Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may 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 of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. 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 (610) 278-6800. 5. 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. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. 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. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. 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 no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the 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 date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house 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 Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-29285 ALL THAT CERTAIN lot of land, with the improvements thereon, situate in the Village of Oakville, North Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point on the Eastern side of T-389; thence along Lot 4 South 42 degrees 03 minutes 52 seconds East 224.97 feet to a set iron pin; thence along Lot 5 South 32 degrees 55 minutes 46 seconds West 197.60 feet to a set iron pin; thence along the Northern side of a 50 foot private right-of-way North 57 degrees 48 minutes 38 seconds West 176.58 feet to a set iron pin; thence along the same and a curve to the right with a radius of 40.00 feet, an arc length of 62.85 feet, a chord bearing of North 12 degrees 47 minutes 49 seconds West, and a chord length of 56.58 feet to a point on the Eastern side of T-389; thence along the Eastern side of T-389 North 32 degrees 13 minutes 00 seconds East 17.99 feet to a point; thence along the same North 32 degrees 55 minutes 46 seconds East 200.65 feet to a set iron pin the point of beginning. CONTAINING 1.1296 acres. BEING Lot No. 3 on a Final Subdivision Plan for Mahlon N. Zimmerman recorded in Cumberland County Plan Book 86, Page 6A. BEING the same premises which Mahlon N. Zimmerman, married man, by Deed dated March 27, 2003 and recorded in the Cumberland County Recorder of Deeds Office on April 4, 2003 in Deed Book 256, page 2368, granted and conveyed unto Elwood J. Yohe, U, married person. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-2862 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From ELWOOD J. YOHE, II (1) You are directed to levy upon the property 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: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $118,842.29 Interest 7/17/07 TO 12/5/07 IS $3,004.72 Atty's Comm % Atty Paid $225.00 Plaintiff Paid Date: JULY 17, 2007 (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 L.L. $.50 Due Prothy $2.00 Other Costs 1JGPULY r r sWj r) e_tLD Real Estate Sale # 39 On August 17, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Newton Township, Cumberland County, PA Known and numbered as 63 Redshed Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17, 2007 By: Real Estate Sergeant S I: I C1 E Z Inn cool The Patriot-News Co. '812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c?he ?latriot News Now you know CARLISLE PA 17013 . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 10/24/07 Red EsIde Gob, ft 09 10131/07 wd Na>so spar 11/07107 tsewn'ael?s . ...... .......qdbe'? ore me this 30 day of November, 2007 A.D. MI nlue' MAN bt of I" mw 110 Sworn to and d ef slow " Oi4vEe. ?(stab liie0AX UWE* ? l?etdrruiu trooaw0d aaat2l'i?ila?a#s /' f?- ,9„pas?air>+ra?:ra.ts- Notary Public WA Me *4 LA 4 Stash Q 03 rfserlras2reeoedr13m7?497fatetp? illic , 600 daeE La1- 5 Sosd? 32 55 COMMONWEALTH OF PENNSYLVANIA >r '46 socoarde *M 1070 fad m W1 Notarial Seal if * grease a>iig ie NM&= ride 1 S0 James L. Clark, Notary Public 11109 p t,*' ei$*44r y 1iTui * 57'dw m 48 CRY Of Harrisburg, tin County " iw99 30 acoe>i. %a rr6.X fed to a°sa My Commission E)ires June 2, 2008 1a pk Wxn tree fast, , am com,lb : a nc Ae: rift rtes ataiier< d +10:09 f are Member, PennsYlvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland ? Ir V1nr. Lis Marie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 9 day of November, 2007 c Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNiy My Commission Expires Apr 28, 2010 Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 39 Writ No. 2007-2862 Civil Washington Mutual Bank VS. Elwood J. Yohe, II Atty.: Lauren Tabas DESCRIPTION ALL THAT CERTAIN lot of land, with the improvements thereon, situ- ate in the Village of Oakville, North Newton Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at a point on the Eastern side of T-389; thence along Lot 4 South 42 degrees 03 minutes 52 seconds East 224.97 feet to a set iron pin; thence along Lot 5 South 32 degrees 55 minutes 46 seconds West 197.60 feet to a set iron pin; thence along the Northern side of a 50 foot private right-of-way North 57 degrees 48 minutes 38 seconds West 176.58 feet to a set iron pin; thence along the same and a curve to the right with a radius of 40.00 feet, an arc length of 62,85 feet a chord bearing of North