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HomeMy WebLinkAbout07-4966SHAPIRO & KREISMAN, LLC BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY LD. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIlZE, ATTORNEY LD. 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 N0.07-29759 Well Fargo Bank, N.A. COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Paul H. Brandt NO: 67 - ~Q~~ ~ iv 7 ! TCt`rh 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 DEFENDANT(S) COMPLAINT -CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO TAE 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County 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 LISTED EN LA CORTE. SI LISTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, LISTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. LISTED 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 LISTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA LISTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. LISTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARR LISTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR 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 LD. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIltE, ATTORNEY LD. 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF VS. Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Well Fargo Bank, N.A., the address of which is, l Home Campus Drive Des Moines, Iowa 50328, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mort~a~e: Mortgagee: Washington Mutual Bank FA Mort~a or(s): Paul H. Brandt and Leilani J. Brandt (b) Date of Mort~a~e: September 26, 2003 (c) Place and Date of Record of Mort aye: Recorder of Deeds Cumberland County Mortgage Book 1839 Page 4861 Date: October 7, 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) Assi ents: Assignor: Washington Mutual Bank FA Assignee: Well Fargo Bank, N.A. Date of Assignment: May 22, 2007 Recording Date: May 29, 2007 Book: 737 Page: 1354 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 832 Mountain Road, Newville, Pa 17241 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of each Defendant is: Paul H. Brandt, 832 Mountain Road, Newville, PA 17241; Leilana J. Brandt, 832 Mountain Road, Newville, PA 17241 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage 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 May 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 August 16, 2007: Principal of Mortgage debt due and unpaid $64,319.43 Interest currently due and owing at 6.625% per annum calculated from April 1, 2007 at $11.67 each day $1,610.46 Late Charge of $33.36 per month assessed on the 16th of each month from May 16, 2007 to August 16, 2007, (4 Months) $133.44 Escrow Balance (Credit to Defendant) ($942.48) Property Inspection $15.00 Title Search/Report Fees $250.00 Attorneys' Fees and Costs $3,215.97 TOTAL` $68,601.82 8. Interest accrues at a per diem rate of 11.67 each day after August 146, 2007, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the 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. If 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 sue., 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 Plaintiff and against Defendants, jointly and severally, 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 Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & KREI N, LLC Date: 2 BY: ~ ~~Q n~ for S & K File No. 07-29759 •.:,..•r.R G~ DEEDS ,3 LGl' ? R~ 1105 Nboa rccorc~ea tta37. tot • Service Link, L.P, 4000 Industrial Boulevard ~G`~~ Afiqulppa, f'A y 6001 ~' 800~439~545y LOAN /t 5838898 [slaw above TAb Lots Far RttccudlttQ tretaJ Mo~TCa~E DEFlNITIONS Words used fn multiple tieottons of this document are defined b®lOoW and other wards era defined in 8ectlarte 9,1 f ,13,18, 20 and 2t, Certain rules regarding the usage of words used in this dooument are also provided in 3ecWcn 18, (A) "Seourlty tnwrumont" means this document, which Is dated SEt?7,'liFlBSlt Zs, zOOJ, together with aU Riders to this doournerrt. (B) "B9rCOWtir" is PAUL K SNlBD'l' ANA L~II~ti J gMItDT, >;II88tuQA l1ND HII?8. Borrower is the mortgagor under this Security Instrument, (G~ Wlandol" ie -rasBx~OrCat !BlTtlAL s»nt, AA. PENHSYLV/WW-8lnpbfsmYy-FutnlotNao,IFrsddgM+-C!lHIFOFIMIN87RUMBNT FotInOOOY1hi >7t~1 o ~ce~aaoz ontlns Documvnte, Ino, Page 1 Of 18 t?At10EHD PAUAEDt, o¢t~ e ' M b x~~t ~fi839PG48b • a• +idfc~x~3 lender is a F80Htt1-L gA{ngp8 8r1><E laws Oif THE 1rJSITDD STJITEB OF Ara$it2t'A Lt701ti i1Ft 5838898 organized and existing under the 8681) FA88AOH CR098Y1pd TRAIL, J]iClCgpaVIT+I.8, FL 32286. tJender's address is tender is the martgogeo under this 3aourity Instntment. (D) "Nom" means the promissory note signed by Borrower and dated t~PT>~Ett fie, aoo3 , The Note stelae chat Borrower owes fender •~+*e•.BRgg~y ~=y~ ~~~ ~i~ ~tnro» .>4Ilg8TZ MA l(0/ifl0++~*t+rrsri.~..t~Miitt.ttr..,rr pollara 1J,$. plus interest eflrrawer has promised to pay ibis debtin regular Periodic Payments and to pay the debt in full not later than ocro>saR 1, 2o1e. (E) "Property"rntiansihepropertythatisdescribedhelawundertheheading'TransierofRtgh>sinthe Property. (F~ "Loan" means the debt evidenced by the Note, plus Interest, any prepayment charges and late charges due under the Hats, and all soma duo under this eaaiufry Intttrument, plus interest. (Q) "Hfd~ra" rneens aii Riders tathis Security Instrument graters executed by Bon~ower, The foflowlrtg litdsra ate to be exeautsld by 13orrowar (aback box as applicablej: ~Adjustebts Rata Rider L~Condominium Afdar Ot3attoon Rider ©Planned UnitDetreiopment Rldar OOIh re s FBOmec Rider Q1.4 Family Rider C76iwaskly Payment Rider (j [ ~ {h-I M) "Apptloable Law" means all contro~ing applicable federal, state and local statutes, regniatlons, aniinsncosand adminlatrativo ruins and orders (thaihavefhe etfeeetof tavv) aswatles apapplicablafinal, aon•appealable Judicial opirrlons. (ly "Community Aaaoclatlon Duet, pass, end Aseoesmonta"means alt dues, fees, assessments and other charges that are imposed on Borrower or the Property fry a condominium association, homeowners association or simlfar organizatlon, (Jj "F~eotronloFundaTre+ratot"meansanytransieroffurxis,othorihanatransaaNanoriginatedbycheok, dra}k or simliar paper instrument, which Eg initiated through an eleotronk terminal, telaphonle instrument; aamputer, or magns~c mpe so as to order, instruct, or authorize a 5nanolal ineCitution to debit or aedft an account such terra includes, fsut fs not timitod to, peint~ofsale transfers, aubmated te1(er machine transactions, transfers in(tlated by teisphono, wua transfers, and automated aiearinghouse transfers. (Kj "Escrow Itamg"means those items that arc dosorIbed in Section 3. (Lj °iNt><cotlanooua Procaoda" means any compensation, sstrtement, award of damages, or pro- seeds paid by any third party (other than insurance proceeds paid underthe cove-age8 deson-ped to 3ectlon 5) for (i) damage to, or destruction of, the Property; ~'i} condemnaton or other taking of ail or any part of the Property; (iii) conveyance ~ fleu of condemnation; ar (iv) miaropresentatlans of, or arnlesions as to, the value andjor condition of the Property. o(M)WMo~~go Insuranoo"means insurance protecting lsnderagainetthe nonpaymentof, or default t'M "Porlodlo Peyment°means the regularlyscheduted amount duefor the Note, plus Ir any amounts under Section 3 of this Seouriry tnetrum~~indpai and interest under PEiJ~19YLVAMA-91n@b Famiy~FennN ~faoJFraddle Irtsc IrNIFoflAI IH9TRlit#F.M' Po >aC~l m t~20020~tlna Ooaurt~, Inn. P0~0 2 Of 't ti -roao¢97ib1 PAWEDr. AK f 839PG4.862 (~) "Rt:9f3A" means the Real estate Settlement ~~ 4~ saaee9s fmplemendng regulation, Regulation X (24 C.i :R. tea 9rt 540u), a6s ~l~ m ght~ a am~ndedl an ~ to time,aranyaddttionNorsuacesaorfegWatlonorr ulattonthat aced In this Seourity tnstnrm®nk "Ht:8PA" refers t ~atl requirementsa dates tr~cttpp$ ~~rs mp~~ to regard to a "federally related mortgage loan" even ff the loan does not qualify as a "federally related mortgage loan" under fiSBPA. (A) °Sucaaaaor in lntereato! 8orrowes" means any party that hsa taken Ntfeto the Properly, whether or not that party free assumed 8or-ower's obllgadons under the Note and/or this 8eourtty Instrument. TFWN5FEA OF RIOMTS IN THE PROPERTY This taecutily Instrument secaresto Lander. (!y the repaymentotthe loan, and s!I renewals, el4anator~ and modifications cd the Kota; and pl) the performance ~ Borrower's aavena~ and a9raemonts undarthls t3ecuritytnstrurntattand theNote. Far thlspurpacq ~rrowerdoes herebymoAgags, grarriand con+reyto Lander thefoltowing desatded property boated In the Cvtt>strx [TYPodR~corcJlnBduriedtcgonJ 4f MIMBSRIJ111D BEI~ J1TT11Q' A, tNamo of Raoadinp Juriagiot{onl: which currerttlyy has the address of 832 xoug~=g BonD~ ~.~~~ Pennsylvania 27241 (`Property Address"); l~oerl tQi~I TOQR'ftiER Vtfl1'Ft all doe improvements now or hereaf6er erected en the propart]r, and all easements, appurtenances, and fixtures now or hereafter a part of the property, All ropleaement: end additions shall also be covened by ihlR Security instrument AU o{ the faregoing is reiarred to in this Seauritfr Instrument as the `Property, BORROWER COVENAfVTg that t3orrawer is lawfuliysofsed of the estate herebyconveyed and has `-`~--- -the right to mortgage, grant and convey the property and that the Property is unencumbered, ereept forencumbranaes ofrecoM. Borrowerwarranig aadwgldefend gerlerellythe tldetnthe Fkopertyagainst all claims and demands, subject to any encumbrances of record. Thlt3 SECURITY INSTALIMEM' combines uniform covenants for national uee and noq-unt(ortn cavenan<9with lfrnitad variations by jurisdiction to wnstitutea unllorm seaurityihstrumer7taovering rest AroPenY- PENNSriVANW~SIegb Farnf~r-Fannin Mao/t~tldto M~a UNfFORAA INSTRUA~ENt farm ao3~ 7/07 gel m teoo.2ocz Dome oocurnvnm, IRO, Pago 3 of lt3 PAUDEOL BK 1839PGb~6~3 tlNIFORM COVENANTS. Barravrer and Lender covenant and agree as fopow~ 0 ` 5838898 1. Payment of Prihcipal~ Intaroat, Escrow hams, ProPaymont Charges, end Leto Charges. 6ar~orahaNpaywhan duo the prtrrclpel of, and interest cn, the dabtevkleneed by rise Note and any PreAayment charges and ielo charges due undartho Nato. Borrower shag also pay funds !or Escrow lbnrs pursuontto 8action 9. Payments due underthe Note and this Securigr Instrument shell be made in U•g• w~cY• Hawaver, ilany cheek or otherlnstRtmant received by Lander as Note or this 8ecurily Instrument La returned f{0 Lender unpaid, Lender may req lure quit any or ail subsequent paymet~ due undarthe Note and this 8esutity instrument be made in one ormare atihe bilowing brine. as selected by Lender: (aj cashc (b) money order; (a) oattiped check, bank check, treasurer's check a cashier's cheek, Provided any such dteolc is drown deposits aro insured by a tirderai agency, InabtrmentaNty, or entity; or (dj ®ectronie FundsoT nsi~ere Payments era deemed received by Lender when received at the bca6on d at each other k>catlon as may ba designated by Lender (n accordance wr~h ~~ sy 9ectlort 18. Lender may return any Payntont arpartFal payment Hthe paymentvr ptiNal payments era insuAtdant to bring the loan current. Lander may accept any payment or arftal tobrlrtA the lean ourr6nLwAharcwaiwr ofany rights hereunder orpreJudke to its 8htetusa such payment or partial paymartla fn the future. but Lender is eat obligated t0 apply such paym~ ~ ti,s tbno sudt payments era accepted. lteaoh Periodic Payment is applied as o! Its sotwduled due date, then lender need not pay lntenast on unappped funds. Lender may hold swop un Borrower makAS payment to bring the t.oan wrrenL N Borrower does not do so within a~reasonabfel period cf time, lender shall ~rther apply such funds or nature lhom to Borrotyer, (f not appNad carper, such Nnds wife be applied to the autatanding principal balance under the Note Imrnedlateiy prkr to bnsr~osure. No ofisst or claim which Borrower might have now or In the blare against Lender shall relievo>3an'owerirommakingpayments dus undorthe Note and this 8ecurltyMstrurnent or perfarmMg the cavenanta and agreemeJ><a secured by this Security Instrument. g. ~pllatlos of Peymante or Proaaoda. Except as otherwise desatbed 1n this 8eoftion 2, all paymerta ecceptadandapppad byLenderahap baapplled in thetolkiwMg ol'd6tofprlority: dueunderthe Hots; (b) principal due underthe Note; (~j amounts due undarSsdion 9.8uch~peyments eha!<be applied toeach Periodic Petrtnentin thearderin whkh itbecame due.AhyremeWngamounts shah ba applied first talaDQ charges, second to any other amounts due under this Security instrument, and then tQ reduce the principal balance o~the Note, H Landes rocelvea a payment.irom 8orrawer far a deCrnquant Periodic Payment which includes a suffioierrt amount to pay any fete Charge due, the payment may be applied to the depnquant payment and fhe iota charge. K more than one PAticdlo Payment b outstanding. (under may apply any payment reoehredtrarn 8omowartothet@paymentotthePerlodicFayme~ M~ and totheextentth can be paid in Cup. To the extant that an excess exkts ether the e ~ each Aeyment of ono or mare P'eriodio Payments, such excess ma be p ytnent N applied to the fop payment pY~+t~s~sftet ba applied Arstto y applied to any late charges due. Vohtntary MYePP~~an otpayena-rts, insurance proproceedsnor M~a~eneotretp~roc~aeddaetio p~rin~o~d a Under . the Noce shall not euc6snd orpostpone the due data, or ..w .. . 8. Funds tot FatiOw llama Bomywershsff PeY to l~s der on the day Pertodym M d e under the Note, until ftl0 Nota is paid in full, a sum {the "Funds") to provide for payment otamcunt~ dus far: (a) taxes and asaeasmanta and other items whlcfi can attain priority overihis 8eourtly lnstrumeM pFNNS1rWAN1A-6fnpk FarN1~n-F~nnli A1WFnddM IAAO UMFOHM Il+i9TRUARF.NT ~ sir 7dW~dutK uahw Doarma~W, tai:. Papa d Ot 1 ti ~'°~ 1Jat RAUDGBL 8!(1 ~39PG4.864 es a Uen or encumbrance on the Pto a sA~ !y 5s38898 p rty; N~ leasehoid payments yr ground rents on the Property, tl any; (o) promlums for any and ail insurance required by gander under section 5; and (d) Mortgage insurance premiums, 8 any, ar any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance Wlih theproviaiona arSection i0, Theseitems arooalled "Escrow items." At ariglnatton cr at any time during the farm of the Wan, Lender may require that Cammuniy Assodtsllan Dues, Fees, and Assessments, tf any, be escrowed by Borrower, and auoh duos, tees and assessments shall bean Escrow Item, Barrvwer aha11 promptly fumish to Lender alt nogres otamountstobepafd underthis 8etpon. BarrowerehallpayLenderthe Funds'forEsrrow Items unless Lender waives 8orrawer's obiigatlon Dry pay the Funds for any aralt Escrow Items. Lendermay waive fgorrower'e obl(gation to pay to Lender Funds for any of ell Escrow llama at any time. Arty suds waiver may only be in wrttirrg. In the everttotauchwaiver, 6orrowerahall pay directly, when and where payable, the amour>ts duafarany Escrow ttemsforwhtoh payment ofFundahattboen wakredbylender and, if Lender requires, shall tumish th Candor receipts evidencing such payment uvithin suds time period ac lender may require. Borrvwer'a obliga6an W n,sk8 ouch payments end to provide roooiptc shall farall purpasesbedeemad to tae aeovenentand agreement contalnedtnthla SeourNylnstcumnnt, as iris phrase "covenant and agreement" Is used in Seatlan 9, K Borrower is vb6gated to pay Esaow ItemsdirecNy, pursuantbawaiver, Bind Barrowerfalistapaytheamountduefa an Eeaoarltem, Lender may exercise Its rights under Section a end pay such amount and Borrower shall then be obilgated under8ectlon9torepaytoLenderanysuohamount LBndermayrevokethewaiverastosrryoreNLscrow Itemaatanyt6nebyanodcegivanin asxordencewitlt 8>yction 16and,uponmuohreveoadon,~roMrershall pay to Lender sq Funds, and !n such amounts, that are Then required under tltis Section 3. L.endermay, atany Gme, collect endhold Fundalnan amount (s) sumoientl~permit Lsndertoappty the Funds at the time speolGed under REBPA, and (b} not to exceed the maximum amounka lender can . require under RE8PA. Lender shall estimate the amount of Funds due on the bests atourrent data and reasonable estimates of expend(t-Ires at future Escrow Items or othennriae in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are inwred by a federal agoney, inetrumantatity, orentity (including Lender, N Lertder is an institution whose deposits are so insured) or in any Feden+l Home Loan Bank. Lender shall applythe Funds to pay the Escrow items no laterthan thetimespecifiedunderRE6PA.LendershallnotahargeBvmowerforha!dirt ands annually analyiing the escrow acaaunt, or verifying the Escrow Iteme~ uni~a lender pey8 Eorloyver InterestontheFundsandApplicableLawpermitslendertomskssuehadsarge. Unleeeanagreernent is made in wilting or AppNcable Law requires interest to ba paid on the Funds, Lender shah not be required to pay Borrower any Igterest or eaminga on tiro Funds. Borrower and Lendet can agree in writing, however, thstMterestahall bepaid ort the Furtds. Lsndershallgiueto Barrower,withouteharge, an annual arcourdinp of titt+ Funds an r~ulrRd by RESPA. If there is a surplus of Funds held In escrow, as defined under AEBPA, Lander shah account to Borrower for the exceasfunds N a;ooardartce lhnltt RESPA..tf there.ls a 9haltage af.Funds; bald M esorornr, as defined under pEt3PA, Lender shag notify Borrower as required by gE9pA, and eonowet shad pay to lenderthe amountnecesaaryto makeupthe shor~geln accordanoewlth AESPA, burin no n+orethsn 12 morrlhlypayments. lttherela a defiaiencyoiFundsheld inescrow, asdeiined undergEBPA, Lendershall nattyl3onowerasrequired byRESPA,andBotrowershallpayto Lsndertheamourttneoassarytomake up the detloienoy in aceardenae with REBPR, but in no more than 12 monthly payments, PENN91rWANIA-~8lnpbFarnity.FaMlbMeolFreddMMuaUNIFO}IMINBTRUMEKr Fonnao~8l/at ECC11 o t99a2ooa online ooG„msnt,, ~„~ papo.5 of 18 PAUDEDI BK1839PG4865 ... . .. .. O.w..4~.M.w..~ . .~M~.r~. Upon payment to Tull of all sums seared by this 8ecurtty (nstNmont, Lender shr a 1 promp~'re and ' to 8orrowar any Funds held by Lender, 4. Charsaa; tJana. Borrower shop pay all taxes, assessments, dtarges, fines, and impositions atbibutabie to the Propartywhlch oan attain prlotttyovarthis 9eourily Inatrumer>>; leasehold payments ar ground rents on the property, R any, and CammunityAssocfatlon Dues, Foes, and Assaesments, it any, To the extant that these items are Escrow (tame, Borrower shall paytham In thv manner provided In Sectlon 9. eonower shalt promptly disoherge any Ilan which has pr(ority over this 8eourliy irHtrument unless Borrower; (a) agrees in writing to tho payment of the obUgat(on secured by the pen in a manner acceptable to Lender, butonly so long as borrower le per}ormtng suoh agroemant; (b) contests the pen in good faith by, ar defends against arrforcement of the lien in, legal proceedings tiyhich ~ lender's vplnlon operate to prevent the enforcement of the pen while those p-aceedinge are panding, but only uniq such praaeedinga are canoktded; or (c) secures from the holder o11ha pen an apreamant satisfeatcry to Lender eubotdlnating the pan tothla Security tnstrurrtent: K Lander detanninee that any partafthe Propenyfssubjeattaa Ilerrwhloh can attalnpriorityovarthti Securny Msbrumant, Lendermay give Borrower a Halite ldentpyictg the Iles, Within 10 days a}the data on which that notke >s given, Borrower shat! sattefy the pen or take one or more of the actions set forth above in this beetton 4. Lander may require Borrower tp pay a onetime charge for a real estate tax V6ripCatxon and/or reporting service used by Lender in connecl(on With this Loan. s. property lnaurenoo. Borrowershap keep the improvements now exiattng or herealtar erectod an the Propertytnsured agalhatloas byre, hazards includedwlthin thetarm `extandedoovarage,"and any other hata-ds inoludtng, but not fun{tad to, earlhquakas and floods, for which Lender requires insurance. lttis insurance shat! be meintalned to the amounts (ineluding deductible levels) and forthe periods that Lender requlres.lMral Lendet-aqutres pursuant b the preceding sentanoas can change during the term of the Loan. The (nsuranoa oaMor provldlnA the insurance shalt beohosen byBorrawer subject to Lsndr:r's -ight b disapprove Borrower's choice, which tight shop not be sxeroised unreasonably. Lender may require Bo-rowerto pay, in connection with this Loan, either. {a) a onetime charge forfiovd zone detenninatton, cartiAcaticn and tracking services; or (b) a one-tine pocd lane determination and cerpflcatlon services and subsequent charges each tfma romagatar similar changes occurwhich reasonablyntightafleotsuch dek,rmination oraetlillcaUon. Borrouuarehall also be responsible for the payment of any teas imposed by the Federal Emergency Management Agency in canneottan w11h the revioW of any flood zone determination resulgng tram an objection by t3arrower, If Borrower faits to maintain any of tho covaragps described above, Lender may obtain ir>9t,tranea coverage, at Lender's oplIon and Barrawar'a expense, !.ender is underno ablleatlon to purchase any particular type oramount of coverage. Therefore, suoh coverage shop ovver Lender, butmight or night not protect Borrower, Bonower's equity in iha property, orthe contents of the pro .. .. ., hazard or I)ablllty and might provide greater or lesser coverage than wa8 pr6vl ~81~^j ~ e~ tom, eoknowtedges that the Cost of the tnaurance coverage Qa obtained might signltlamty eorceed alto scat of insurance that Bon'ower could have obtained, Any amounts dlsbursad by Lender under this 9eobion S shall become additional debt o(9orrower secured by Ihls Security InetrumenL These amounts shall bear interest at tho Nata rata from pie date of dl9bursament and shell be payablo, with suoh interest, upon notice from Lender to Borrower requesting payment, PBNNSYLVAN1A•Single lsamly.Fannia ARaNFtyddl. wt^a unIIFORA11NSiAtJME?!T Fantr X038 t1a1 t'rOt7l1 m ~ooaaco2 ongn. t7owmart{e.1~ pogo 0 of 1 B PAUGEDL 9K i 839PG4866 Allincurancepolldesrequlrodbyl.andorandrenewalsolsuchpolbiesshailbet ubjeott Lende9e right to disapprove such pofiofes, shall Include a standard mortgage clause, and shall name Lander as mortgagee and/or eu: an sdditlanal toss payee. Lander shall have the right to hold the policies and renewal Cortittoates. N fonder requires, Borrower erhal! promptly give !o l.anda alt receipts of paid premiums and renewal notices, if Borrower obtains any form of insurance ooverape, not otherwise required by Lender, for damago to, or derslruWon oi, the Property, such policy shall include a Standard mortgage dausa and shall name tender as mortgagee andJor as an additional foss payee. in thaevantof foes, 8ottayvar shaNgl~ P~Ptr~etothe insuranke oartlerand Lsncler.Landermay make proof of toss ii not Mods promptly by Bonawer. Unless tender and Borrower otherwise Byres in writing, any lnaueanceproceeds, whetherorrtottheunderfyinglnsuraneswasrequf-ed byL~endar, shaiibe appged to restoratlon or repair of the Property, It ties restoration a rgpatt Is eaononeka~r leaabk and Loader's aeaurttyis neRlessened. iaudrtgaueh reprttranct reotoration poelad, L+e-ndarshed! ttAY+e the rtghtb hold such Inauranoe proceeds until Candor has had an opportunity to inspect suttt property to ~~ the work has been campietod to Lender's sadsiaotbn, provided that such inspaotton shaq be undertaken promptly, Lender may disburse proceeds far the repairs and reataratlon in a single Wyneentor M e sexier oiprogress psymenta as the work is completed. Unless an agreement is made in wrNre®orApplicabls taw requ(rea lnterestbo bitpaid on such Insurenoe proeoads, Lendarslr~l notberequfred to pay Borrowerany tnbaroetareamings oneruohprooaods. FeesiarpubtfoeedJueltere, arotlrerthkrlparttss, t+etsinnelbyBomoa,er shatinotbe paidoutafdtelnsuranoeproceedsand sh~tibathesokobliya6onot9arrawer. RthersstoraHon exrepafrfs rtotecoreom(calfyieas~rleortendsr'sseeurdywouidbefessenod,thsinsurane;eprooeedsshall be applledtathesumssecurQd byt}tteSocurttylns6ument,whetherarpotihsndus,wilhtheero~,itany, pall to Borrower. such insurance proceeds shad bs appibd in the order provided for in 8eodan 2. It torrower abandons the property, lender may ilia, negotie~ and settle any avallablo insurance clatrn and related matters, K Borrower does not respond within 30 days to a noboelrom Ltrnderthat the lnsurareca carrier has offered to Setae a dtelm, then Candor may nepotists and settle the claim. The 30- day period will begin when lfie notice Is g(ven. In slther eveet, ar B Lender acquires the Property under 9e-ction 22 or otherwise, Borrower hereby assigns to Lender {aj Bari'ouver's rights b any fnsuranae proceeds in an amount net to eleeoed the amounts unpakt underthe Note or thla Security Instrument, and ~b~ any other of Borrower's rights toff per than the right to any reltrnd of unsettled premlunrs paid to the aavara a at t~efl l~nsuranea polictas eovertn®the property, insofar as such -Ighb are apppcable 9 Ply Lender may use the Insurance proceeds eilherto repair or festore the I'ropartyar topayamourets unpaid Underthe Nato otthfs 9aaurfly instrumont, whatharcrnotlhen due. $, occupancy. Borrower shell ooaupy, establish, and use the property se Borrowr:r'e residence within 80 days after the cetecution of this 6eourity instrumentand shall oattinue t ~cupy the Property as ecrrower's prfnaipal resldenoefar at least one yearafterthe dateof acaupaetcy, unless Lender otherwlee agrees in wrhfng, whtah esonsent shalt not be unreasonably withheld, or unless oxtOhUatinA nlrnilmgrannwv pYIR! which era beyond 9orrn-var'e Ce?rTtfOf, 7. Pre~oervatlon, Malntenanoa and Rroteottop of tiro Prvparty; Irrspoatiorea. gartae~ver shall eat dootroy, damago orimp>rlrthe Rrvporty, slbwths P vvAtil>0 an the PlDf79ity WhetherarnotBorrowerl8residinginlhePro e ~ r~ytnrMlarirernfnexrxerrrml7' rho Propsrtytrom daoerioratlngordeoreasfng ~ v'~al~ue d~ to its oondlion, nisae~de~mined purmsuan to5eoyenSdtatrepairarrestoraHonlsnotecanomballyfeasibie, 8onowerahatlprampayeepairtheFroperly N damaged to avdd further deterioration or damage, If insurance or e=onderrreatloe prooesds are paid in PENNSYRVANIA-3tnplo Fnmly-Fi~ntitfa M~~dFnddis Nlae UNIFORM p~ISTRUNEPIT form aaog 9/Ot ~~ m i89B~2CCj On9ne tMaunseMe, Inc, Page, 7 Of 78 PAUDEOL Bl(1839PG4867 connection with damage m, or the (akin of, the L0115 ~ e 5838895 g f'raperty, t3attowar shall ba respanetble for repairing or teetering the Pr only if Dander has released proceeds for such purposes, Lander may disburse proceedabrthere rsandrestorationinasinglePaymenta~naserresorprogreaapaymencsasiheworlc le completed. ffthalnsuranoearoondemnation prooeedsarenotaufticisnttorepalrorreatare the Pnoperty, Borrower Is not relieved Of BoRawar's obligatlpn }~ the oompletlon of such repair Or restoration. Lander ar its age may make teaaonable enbtes upon and inspections of tho Property. ff it has reason~bia cause, Lendermaylnapectlhe intetiorofthe improvements antheProperly. Lsnderohali give 6orrowar notice at the time of ar prbrto such an inferior Mspcrotion speoHytng such reasonable Cause. 8, 8orrow.r'e Loan Application. Borrower shad be in default It, durtrtg the Loan appilcation process, Borrower or any persons or ent~ios acting at tfie direction of Harrower or with BorroYVer'9 knowledge ar consent gave materially fails, misleading, or Inaccurate tnformattan or elatatnants to Lender (or failed to provide Lender with material intarmation) in connection with the Loan, Mnmris} representationsinolude,butarenatllmttad[o,rept~sontatlonsoonaoming8orrow+er'socoupancyrofthe Property as t3orrower'a prtnolpal realdence. 9. Rroiootion at' Londor''a Intoroat Iniha Ptoporty and FIIgMa Undertpls 8acu ftrtaUurmrrt„ ff (a) Borrowarfalis to perform the covananta and agreements contained In this Seourdtr I~tnmrerit, (b} there is a legal proaeeding that mightslgnttioandyaffaet Lender's Intereatlri the under this lecurity lnsitumant (such as a proceeding fn bankruptcy, Probate, ~ conde~ujo~h~ forfeiture, for enforoement ota lien which may attain priority over this Heouriiy Instrument orb ®ntorce laws or regulations), or (c) Borrower has abandoned the Properly, then Lender pray do surd pay for whatever b reasonable or approprieteta protect Lender's interest to the Property and rights underthts 6eouriry Instrument, including pratecdng andJorassessing thevafueaf the properly, and aecuringand/ or repairing the Property, Lender's actions can include, but are not Ilrnlted to: (a) paylnQ any sums scoured by a lien which has priodtyovarihls Beautify Instrument; (b) eppeaHng In court; and (~ Paying reasonable attomeya' ices bo protest ire Interest In the Praparty- and/or dghta under this t3scurlly Instrument,lncluding Itasocured position In a bankruptcy proceeding. 8acuringthe Propertyinaludas, but is not limited to, enterMg fire Property to make repairs, chengalcaks, replace arboard up doors and windows, drain water from pipes, eltminate building or other code vblatlona or dangerous Condit<ons, and have u1111t1es turned on or oft. Although lender may take action under this Section 8. Leader does not have to do so and is not under any duty or obligation to do so. ft is agreed that Lender incurs no liability for not taking any or all actions authorized under This Section 8. Any amounts disbursed by Lender underthia Section 9 shall become additional debtof Borrower scoured by this Security Instrument, These amounts ehaA bear interest at die Note rate fiom ffie date of dlabursemont and shall be payable, with such interest, upon notice from Lender to Borrower rsque9ting payment M this Security instrument fs on a leasehold, Borrower shall comply With 8p the provisions of the lease. Borrower shall notsurrender the leasehold estate and interests herein conveyed ortenninate or cancel the ground lease. Borrower shat! not, without the express written ootrsettt of Lender, alter or amend rho ground lease, if eonovYer aoqutrea fart dtie to the Property, the leasehold and the fas Gtie shall not merge unless Lender agrees to the me-gertn writing. 10, Mortgage Insurance. tf Lander requtrad Mattgage insurance as a condition of makUg the loan, Borrower s hall pay tfte premiums requltedto ntatntetn the Mortgage Insurance U oAeok tt, forany reason, the Mortgeg a Inauranoe coverage req oiled by Lender ceases to be avaAable tromthe mortgage P@HMSYLYArrUl~tngb FamAY-F~nnlt MtalFrrddb Mao UMFOtiM INSTAUMEKf fafi ~e 1/Of BCCFr m raca2oaP amine Oooumm~ta.lac. Pegs 8 of 18 pnuot:o~ 8~f839PG~4868 insurer chat previously provided such insurance and Borrower was required tea m er separatey designated payments toward the premiums for Mortgage Insurance, BorrowetshaA psyche premiums required to obtain coverage substantially equivalent to tha Mortgage tnautanoe previously in elfoet, at a cost s ubstarttla!#y equivalent to the cost to 6orrowar of the Mortgage Insunutce previously In effect, from en altemato mortga®a Insurer aeleoied by Lender. tlsubstantially equivalent Mortgage insurance coverage is not available, Borrower shag aonurtue to pay to Lender the amount of the separately designated payments thatw¢re due Whon the insurance coverage ceased to be b eifeeot Londar wr11 acoept, use and retain those payment's as a non~refundabfe loss reserve in Ueu of Mortgage insurance. Such ions reserve shall benon-refundable, notwithstanding the fact tltat the Loan is uittmately paid th lull, nrtd Lender shall not be requirod to pay Borrower any interest or earnMgs on such foss reserv6, Lendaraan nolongerrequiretass rasorve paymontsRMvrtgage Insuranceooverage (In theamaWttand forihe period that Lenderrequires) provided byan insurersotedad by Lenderagain bocontea avaihblo, is obtained, and LenderregWrea separately designated payments toward rho premiums for Mortgage Insurance. If Lsnd6r required Mortgage Insurance as a condluon ofnraking the Loan and t3otrawervraa required to make separately designated Payments toward iho premiums for Mortgage Inwranoo, ecrrawershall paythe premiums r¢quirod t4 maintain Mortgage Insurance in eNaot, ortoprovidoa non- retundabte loss reserve, untN Lenders rsqutrementfor Mortgage Insuranoe ends in aoeordanco with eq y gPP is r aired bgreemt~lo Law, No~tltlny n this 9 do 10 aila9 s torrower miohitgatlon to psy merest at the rate provided to tlto Note, Mortgage Insuranoe reimburses Lander (oranyontNythatpurchases thaNote) torcerEsirtkrsses ttmay inwr U earro-ver does net ropey the Loan as agreed, Borrower IS not a party to lire Mortgage insurance, Mortgage insurers evaluate choir total -iskon a0 such insuranoe fn force from umo b 11me, and may enter into agreements vr~tit other peruse that share or modify their risk, or reduce leases. Those agreemento are onterms and cond(Uons tltatarasatisfaebrytothemortgegeinsurorendthe otherparcy (or paruesj to these agreements. Those agreemenfis may require the mortgage irlsarer to make payments using any sauroo offundsthattho mortgage insurermayhave ava+fabte (which meyinolude funds obtained from Mortgage Insurance premiums), As a result ofthess agreements, Loader, anypurohaser of the Note, anatherlrtautor, anyreinauret, any other entity, or any afA(iate of any of the foregoing, may receive (direcuy or indir+sotlyj amounts that derive tram (or might be characterized asj a portion of Borrolver'8 payments for Mortgage Insuranoa, in axchangetor sharing ormodifying the mortgage tnaurer's risk, orraduotng losses, Rauch agreerttetrt provides that an affiliate of Lender takes a share of the insurer's rLak in exchange for a share of the premiums paid to the Insurer, the arrangement Is often termed "captive ralnsuranoa"Further: (a) My ouch agroamohta wUl not affect fha amounts that Borrower has agnoed to pay for Mortgagta irr0tlrnriCti, or arty Other tvrmb of the tan, 61roh agtvemonta will trot btcnsoo rho amount 6omowor wNl owe for Mortgage Inautanco, and they will not ottWlo BornoWOr to any rohrAtd. Mo ~j Any such agreements wilt not aKett rho tights Borrows has - It arty • with toapoat to rho rt9t+ga Insurance undcrtho Ftomeownote Protaouon Act of 9998 orany othorlsw. Thoao rights ~Y inciudo rho rl9ht io rooelvo cortaM dtaolostuos, to request and obtain cancoilatlon of rho Mortgage Inauronce, tohave rho Mortgage inaurancotonttinetad automagcauy, and/or fo rocoh-o a rotund of any Mortpago Intxrranca pramitlmftihAtrrtt~ unelifniKldtthRgR1441ayoh eanoaflatlon vrterminatlon. PENMSYLVANtA~nple Family-Pinalo M~rWFr~ddN 1MeeuNIPOpM ~NaTpuyFM F~~g 1~ ECQI m tAgO.2002 Onifno Documonlo, Inc. Pape 9 4f 76 PAUDEDL SK t~83.9PG4869 .... . . • .. ~~I..r.~....... •1r..... A~I.uY•.. .....~~~+ f 7• A~BnmontatMlaoollanooue p~~4 portelturo, All Mi ' as$igned to and chap be scellaneous ifi ~' 883889tt Hthe property la datnePald to Lender. eedsarehereby ofthe Pro Bed, such Miscalaneous Proceeds shell be a Red to party, iftfier~toratiart arrepaiNa ooanomloallyfesaible and tender's eeow~i' to~ort orrepair Oaring such repair and rettaration pare (.ender shall have the rt ht to proceeds until Lender has had an 9 ~ ~~ aotlessened. completed to Lender's aatlsf oppa~nKY to inspect such P1re a Mlsaepaneous aatton,prohd@dthateuch inapeotlon ahall~ n ear~ken a trverk has been maY PaY for the repairs and rastorat-on in a single dlsbursernent or in a series atprog-ess pa en as the work is completed, Unless an agreement is made in wrEtln or Promptly, tender to be paid on suoh Mlsoeltaneous Proceeds or earnings on suoh M ~ ~der'shall net be 9 u ~~a~1e ~w requk~ ~t Landcr'ssecu ~ w lscellanaousprooeeds,tltherestoratianorrq redtapayp~oWwanylntareat ~ ouldbelessen~,tfie~eQeilaneausproaaedseh~agbeaoteoonomf by this Seour(ty Instrume~, whether or not then due ~foemibb ~ Misoellaneous proceeds shall be ~ ~ the e>uarss FPpedtoUtesturtsaecured IntheeventofetotaltaRtng,deaaPtnPiotlonidrte~~eyapu9ottha~ 0~0do~~ d~t~ry~r.3uoh shall he applied to the Sums aeaured by this Sear lnstru e%Ce68, N en p rb+. theMleoell~teous Proaesds Y. paid to Bprrpyyar, ~ ment, whether ar not then due, with the In the event of a pawl taking, deatruatfon, ar loss in value ottte pro e value of tho Property lrnmediatel p Ity In M+hioh the ielrmarket greaterthan the amountatthesurns eeou ed paw ~0r'8~ destruulon, ar loss in value (s equ~>,~y or taking, destruotlart, or loss in value, unless $ ~ we ~~ ~nderetherwtse a secured by Chic Seou ~ erttimmedtaplybefo-ethep~ muftipiled by the folloti~ng~ ion tahall be reduced by Rte aMaunt ollhe ~n~~yproaeeds ()the total amount of the aufi9 secured ~nedi partialtaking, dectnrctlan, or(oae In vaiuediWded b before the partial taking, deatruotlon, ar loss M yN)thsfairmarttetvafua~thaPro ~ ~0"Q the in the event of a partial takln destru value. Any balance chap be paid to go~olw~edtetely va~u~olthePropertyinlrnedlatelybelareth~Parttaitaking dlestruct(on ot~ossin ~ountotthe sums secured immediate! be}or ~anY ~ which tltetartmerket Borrower and Lander othenNise agree in wrttin~,~thejyl ~l l~ ~~ eatrtt valtla ~ ~ titan the sums secured by this 6eourlty instrument whether or not the sums ere then d ~bsa in valUp, unless (fthe Property, fs abandoned bygarrower, or(f, afternatfce ~ooeeds chap be applied to Uts Aerty {as defined In the ne~xtsentence otters to e, falls to r ) make an award~to sears ~ ot~n wd~$tthe0ppp9ing eapond to Lenderwithin 30 days aitarthe dato the notice la given, Lenderls gam' Borrower and apply the Mlsoeltaneous Proceeds either to restoration or repair o} the pro secured by this Security instrument, whether arnot than due. " ~~ ~opeat that owos Borrower Miaoellaneoua Prose ~PPosing PAY or'Oo the sums in regent to Miscslleneous Proceeds ads or the party agairtat whom qo has a 9ht of ao~an i3orrowar shalt be fn defaultifany aotlon or r tender's judgmont, could resuh in fo-leiture otttee Proding' whether civil orcrimtnal, Is begun ~~ ~ interest in the Property ar rights under this 3eourtty lnatruP~ern other material impairment al lender's rf aoceleratien has occurred, relnaAate as provided in 6 ~xrower can sure suoh a detaultand, to ee dlsmts3ed with a ruling that; In Lender's ud m eotlon is b m4terfal impairment of Lender's (merest in the Y causlnB the action or proceeding 9 ant, precludes fortalture of the p~~y or other Propertyr or rights under this 8eaurity tnabumant. The p~YWAtWa-91neb Femlfy-FBanl~ >VI~giFt Aiao uNlFOtiAI1N8TAUMf:JV1' Form spp91U01 ®1a6~OR20ndna Docurrwnf~ Inc. eCQt Page 10 at i6 aauoeol. @~18a9PG4870 ~.. ~M.n... ~~........... prod of any award or daim iordamages that are attributable to the Tmpalrmerrt~ daps ~ eterest ' fn the Property are hereby assigned end sha4 be paid to Lender. A7I MisceiiAnooua Proceeds that are not applid to rostoratlan or repair of the Properly shaa be applied in the order provided for fn 8eotion 2. 1?. rionowor Nsf Baisaeedl ~arisaatrarti~ gr 4rrrdrr Nvt a Waiver t~aenslon o1 the tine for aymant or modNfoation of amordzadon of the soma asctued by this 3ocudty Instrument granted by der no t3arowar o-any Successor in Interest of Bnrrouverahap notopQrat®~ d~e~e ~abiNty of t~orrflwar or any 8uacessors in tntereu of Borrower, tender shall net bs prooeedingQ against any Suooessorln Interest of eorroweror tc refuse to e ~ ~ ~ commence othe-wisa modify amorti~atlon of the sums secured bythie 8agtrrry instrument byreaso~n ofanAy demand mtdar by the original t3onoweror any 8uxessors in Interest of 8orrawer, Arty in aoeralsing arty fight or remedy Inolud(ng, w>tjtout IfmifaNon, Lender's accep~noQeot ~ by ~~ third persons, entities or Succossons In Interest of gonower or In amounts less than the amount themn due, sha11 not b4 a waiver of or ptecwde the exerase of any right or remedy. 13. Joint and 6evorat Uablllty; Casfgnats; 9uacaaaora end Assigns Bound. Borrower caw snaffle and agrees mat i;torrower's obligations and asbilt shall be ~'o~r~~-si6+~st»is88ourhylnstrumentbutdaesnoteueoutetl~ie om a•~i'~~r'any signing this 8ecuriry Instrument only to mortgage, 8nmt and conve ~ 9 ~: t~ ~ CO' Properly under the terms of this Security InsUumenq y the oosignor'a lnterost to rho isoured by this Secutiry fnstrumBnl; and c IbI (snot personalty ob1'igated m pay the sums ardend, modifjr, forbear or make any ~r~nmcdabons ew-th rr gard tyo therta ms~oir~~ ~~y InsbvmeM or the Nate without the w~aigner'a consent, Subject rn tfie provlstons of 3ectfon 18, any Successor in Interost of Borrower 8arrow~er'sot~&gationsunderthisB,aa~ylnstrumentinwriting,andlsa rpYedb ~ ~sumes all of 6amoweps rights and benefits under this Security instrument. Borrower shat! n be reteasedtrom Bomcwer'sobugadansandaabaityunderthis3ocaritylnstrumentunless Lendera~reestosuohreleaae th tvrBNtg. The covranants and agreofients of this ~~~ Instrument shat) bind ~excrptaa provided kf S~Oh ~) and benefit the successors and assigns o1 lender. 1't. Lean ChargeA, gender may oherge Borrower ~ for services pedamted 1tt conneotlon with 8orr'owor's de~au~t.>tor the purpose of protecting Lender's interest In the Pro 9ecuriryinstrumettt.inoluding,butnotBmttedto,attom a'iees o p~i~i~htsunderthis N rogard to any others the absence of eY -Pr pertSrins ectlonandvaluationfesa. spxitkbetoBorrowereha~eatbeoonsbuod~resa authority in this Security Instrgmuttto charQaa not chargeiees that are ergrrssaly prohibimd by lhls8ecut rol~jnst~umenrokr ~otsuehiee~ lsnderntay A the Laart is subject to a law which sets maximum loan ch es d y APPiloab~ taw, thatthe interest ar othertoan charges ~ or to be odlected~ln connection whh ~ ieoed 60 permitted smile, then: (~ any such lean charge shag ba reduced by the amount nec ~ exceed the ehargoto thepermittedlimn; and (p) &rysumsaltead n~luoe the lun~a wiilbe reNnded to Bonawer lender maychoosyeto make th~rptund erwhioh exceeded psrtniued undertheNote or by mcidnga directp byrdudrtg thoprincipalawd tst treated as s aYnwntto mower: ll a ra~fund rduces prinofpel, the roduotbn vrill Pia! t~AaYment wNtoutanY Prepayment charge (whether or not a PrePaytrtent is provided for under the Notej. 6orrativer's aocap~ ~ a„y Such refund made by direct a ~e 8On'o~t-etwAioonatttutaawahmrofertyNghtofadionBorrouiermtghthayaarisingoutofsuoh pover~ehe~rgth PL'Nft6Y~VMIlA~4t b F e. --A 4r+my~t'am+t. M~NFnddl• st.e uNtFCAIN rN8TRU41tiNf aCtst C10mD~$002anirneDoeutbonte,lna PB~p11Of16 t'arrrl~OQet/Of PAUDflDt 8K;183~9PG487 1 ¢• N~lC~. All n~Naes g(von by Borrtrv+la or loader In aerulae~ WHh fhb 9e~rby MsBbument ' must be in writing, Any notcee m 9oaawerin ca+neotton with this Secu to have been given to $orroyvarwhen mailed byfirst Vase mall or when aoWalfy delivered to ~arrowar's nollceaddressitsentb othertneane. ~Ytnsttumentshapbedeomed unfBSSApppcableLawe rasa Notlceioanyon~a8orrawarshalioonsOtutanottoetoag8orrowers unlea9 t3otrower has desig ated a s~ubsirrGute notice addree notice address s~ 6e the t~nopsrtyAd~a notify Lender of i3orrower's change of address. tf Lenders by rrotiee M Gander: BorrorNershall promptly change oraddr'ess, then Barrowe-shaUony raPatechange a~dr~t~ adore for reP°~nA 8orrawer's Theremaybeoniyonedssi natedno ~ghthatspeoitadp~gdute, ooLendershalit~eglvenb~detNeKngRvrb m~n~~b~°urfiyfnatrumentatsnyonet&naAnynoltos unless Candor has designatRd another address 6y otl~ ~ ~~ ma0 to Lender's address s~t~ herein 8eatr~r Instrument ahaA not be deenred to have been t3orrower. Any ~tba to oonneotlout t+r~h this Itany notice raqutrod bythis t3ocuriry Ins6vmentis efsa~u ~ u ~' unfv acwa IBw requirement will oattsty tho correspondMg roquirem nt underer lh seau . ~ fired by lender, AP~able I.sw, theApplkabte 18. ~ovamin8 44w; 8etrorsbflNy; Rulos at Conatrucgon. This 13ecu y btstrvmtun governed by fedarai taw and the taw of the urfsdladon to whkh the pro a is~loaM~rnsm s3haU be obligations coMafned in this 9eaurr~r Irn~ment are sub eot to p ~ ~' ~~~ ~ Applicable Law. Applicable taw mt ht ~Y requirements and Nmitatlons of might be silent, but such slienae shall notbel ~nstru~edpas pmhib~r~~~ tO a tee b eo Inthe evontthatan atnats 9 Y rttractvrit Yprovi9ionorcfauseofthisSeourilyinstrument 9 9reemerttbyoontrack Lew, such aort}liat shall not aifact ocher provisions olthis Security last uBmen o the N~ doh ~ be given efieot without the aontiicttn APP~Ie As used in this 8eourity test umen~(a) words of the masouitne gende- shall mean correspondingneuterwordeorwordsofthefeminlnegender;(b)wordsln~@singufars ~~and include the plurel and vice versa; and (o) the word +rnay~ glues sole dlsaetlon without any obligation to take any action, Z7. t3orrowor'aCapy.BorrowershallbagivenvneoapyaftheNoteandot 18. TrAnsfar of tho Property or a Banattctat Intaroet fn ~ S~~Yingaumont. "tntetest in the Properly" means any lepalorbenvfic(alinterest In thsr~ Ae used !n this 9eetieon 16, to, those beneflciallnteresfstranatertedln abondiordeed, oontreottordeed.Instapment~l~ ~~~ orescrowegreemenCthaintentawhichisthotransferoitilieb g~ W~t'tY.lnetuding,butnotlimited Ifalloranypartofthe Y awerataiuturedalstoa a natural ~e~ w'~Y interest In the Property is sold oriraitstarred (ot $ ~On end $ banatioiel 6ttereet in Botrpyrrer is sddar Vanstamed) vhlhoutLsnder's prbrWt~ consent, tender may negnhe brtntedlate payment 6t A,rp of all sums scoured by this Ffowe+rer, this flpdan shall not be eXerdaed by tertderifsuch exercbe b ~-utnent: Ir tender exerotsos this aptian, lender shall the tea t~-ohlbitod by Appiteabls isw, prov(de a period of not fees than 30 days from the dais ~ otke is given In aettxOrdan ~ t3ecdon 95 within which 6orrowermustpayallsums secured bythis Seaurlty Instrumont N 8onowertails ~ pay chase sums prior to the expiration of this period, Candor may invoke any remedfas enn~ Security Instrument without further nonce ar demand on 8arrower. p dted by title 19.8orrawor`s glght Io Rolnatate After Aceolaratton. If Borrower meets certain conditions, Bo--ower shall have the rightto have enforcementoi this p-lor to thv earliest of: (a) five days before sale of the Pro ~~ Instrument dtseontinuad atany lima party pursuant to any power of sale t~nteined I'ENHtEYLYAflf1tti31rroro Fnmily„F.nn-s I~~alEr~ddf• At~o gNiFORN 111C'i'nuRtt»Nr temp ewes ~~e r >~! ®iaos.2aaa onme ooa,ments, ins Pegs 12 at' 16 PAtlDEp6 8K.r839PG4872 in this Secutty Instrument; (bj such other period as ApAlkabie !mow might s Lour ~ r 883tl89a of Borrower's right to reinstate; or (o) entry of s Judgment eniorcin this 3 p~for'the tenttination candltions are that 8onower: (a) pays Lender all sums which then would be due Wtda~r q~e( g~~j~ instrumentand the hateasif no aooslerationhadoecutred; {b) ouresanydefauftofanyothoroavenants oragrsernents; (o) pays all expenses Incurred to enfordng this 8ecurRy Instrument, Including, but not Iimftod to, reaaonaWo attorneys lees, proper#ytnapeotionand valustlorr tees forihepurpose ofprotecNng Lender's fnterestin #to ~ and otherwee incwred end (d) takes such action as !.ender rosy reaaonaWy~eq re b agssur that Le tier's tnteraet ht the ~oAe+Iy and rights und¢rthls t3ewrity Instrument; and Borrower's obligation to ~ln~rument; by this Seounty lnstrutner~ shall aonUnue unchan ad, pay the sums secured re,nstatementsunisendexpensesinoneormorevftheiallowrngf a aseelee~dp (b) money order c eo~0~ p°y auk , () cartifled oheok, bank oheck, treasurer's check ar cashier's ~yLender: (a~ Dash; suaheheckisdrawnuponanlnstitutfor}whoaedepoaltsarelneuredb afed ~'8tovidadany or entftyr; or (d) Eleetronlo Funds 3ransfer, Upon rei-mfatement by 8ona+wo~Itae 6 oy' lnabumwrtality and obUgatlons scoured hereby ehaii rematrt tuliyeneetlYe as ffno sacs B°~Y Inatrurnent thla righ! to reinstate shelf not apply in the case of a leratfon had OOauRed, Houreyer, 2Q Safo of Floto; Chaney of Loan cceteratlcn under Seotlon 1 e. in ihrt Nn~a St+rvlaat; Nodaa of Grlotranoa, The Noteora parllal Interest to Barrows qq sa enmt~ r~ia~aull~jn a~chran ae tmn the ~ ~e eeJd any ar r~san~ w-tisl, r„~g~,l ~+w rwUw PertodloPaymantsdueund¢rtheNoteandthta6ecutityylns~trurnenta~d o~~~~~ootterta servicing obNastlana undertho Note, thin &eourFtylnstrument, and p othe-ntortgyetoan Applloabfe Law: There area might be ono ormore ohanges otthe Loan 8crviaar unrelatedto a yule o1 the Note, !!there Ia A loan Servicer, Borrowerwltl be given written notice cf rye ohungewh(oh wiI! statethenatneaddress of the new Lcen Servlcer, the address to which payments should be made end any other i~nto~agon I~ESPA requires in ocnneation with a noHoe of transferof servtoing, K the Note Is s loan to serviced by a loan 6ervioer otherthan the purchaser of the Hots, them old andtherea~the obttgadone to Borrawerwitl remain with rho Loan gervireror be transfoned to s au~eal~n servicing and are oat assumed by the Note purchaser unless otherwise provided by the Nom Loan 8enrlcer Neither l9arrowor nor Lender may aorrrmence, join, orbs joined tp ~ udI ~~~' individual litigant or the member of a oiasa) thatarises lrom the other yj ~ aotton (te eltheran Security Inetnrmentorthatalipes thatthe other pazh''e actlans pureuantt~a this by reason of, this Security Instrument, un~l suahpBo~nawero- Lend~rr haspnodaRed dote other dpi such notico given in comp~anoe with the regWremsnts of Seatton 15j of such alleged breaoh and afforded the other party hereto a reesonable Period aRer the giving ofsuoh notloe to take oorrecgtre action. ff Applicebls Law provides a time period which mustela so be that tuna period will ba deemed to be reasonable for purposes of~tltei ~actianaartbetaken, axeieratlon and opportunity b oure given to 9onawar pursuant to 8eotton ~2 and the nottae of acoeleretlon teen to So p~9taph. fie notlaa of 9 mower pursuant t0 Section 18 shat be deemed to saU vppvrtunity to take corrective action pravistons of this 8eattan 2D, ~ me notice and Z'I. Fta:antoua Subota~,a, A8 used in this srrbstanoeadefinaiastaxloothazarcfoussubatArtcos ~: (a) "~~ous 8ue• ~ tie idlavring substances: gaeoltne, kerosene, othorrtamma~biemort~o~cw~~~~~fOn"~n~~andthe andharbialdes,votamesoivar>>s,mat+a-iaboontalNngasbestoearfarm~aid~a~ndrad~lo~liuam des p~BYLYANtN~r,gis Ftmlfyr-FannN M~alFrWdr. M[a!lNIFORI{i IiVSI'gtJMENT Farm OOOa tlel t~tat ®~006-204't Onikw f?aountonm, Ina page ~a or is PAtJpEpf. 6K~1.8~39PG4873 rot °Envlronmantal ~~ ~~ ~~ la1YS and taws atthe 4oM ~ ~ 5838098 relate to health, safely or envbonmentaJ ro ~ Jurlsdiglon where the Preperty is located that actbn, remedial action p ; Io} L'nvironrnenfai Cleanup" lnoludes any responaE Condlttan~meansaooridifiatihatcancaus~e, oai~u~tatm a ironman[al law; and (d) an'Envtronmental Borrawar sha11 not cause or permit the ~ otheryvfsetrlggeran EnvironmenmlCleattup, 6ubstances, or threaten to release any Maza~rdoeus~8t~ebs~$~~ storage, orreioasa atany Hazardous d°, ^~ allow ~Y4rte 61ae t0 do, anylhinp f;ffpCting gte pip o ~ on of fn the Aropa~y, ~n'owerahall not law, (b} which creates an Enviranrttental Condition, yr {ej w~nfi~d~ jo the p ~a~~~e~orrelesae of a Hazardous 6ubstana®, oceatesa ocnditbnthatadversetyatfeots the value ofthe two sentences shall eat apply to the presence, uso, pr ~Paly. Thepreeading Hazardous Substances that are general r ~°"~ on the t~ropeny at atna~ quanftllae of meintenanc@ ofthe Progeny pnokr ~ ~n~ b be appropriate m normal ramtd u~ and ~ cling, bu! not limited to, ha~rdA~ aut~nor+s N lorrower shall promptly 8~ Lenderwiltten notke of (a} any invesBga~n, etal mend ~ ~ or other aatton by any gavammantal or r ula ~Y Hezanious Substance or Envlronmen~al t.aW p$tiyh~ 6o-lrowerAa~t)' (nvolving the prosy and ' ~nvtraamental Condition, Including but not limited to, any apilling, leaking~dlaco~9 I•~sas o% ~# of release oT any Hazardous 8ubatanot, And Io) any condltfon causrad by the presence, use or-elease of a Hazardous 8ubstanae which advetaeiy atfecta the value of the PrvpQrty, n Botrowerlaams, or is notified by any ga~remmental or regulatory autltoriry, or an remedlattot, of any Hazardous Substance atfeoting the Pro a P~~ gym' that any "m"om a' alher teks as necessary remedial actions In accordance A ~Y is necessary, t3orrow~ahal! prompt<y any obligation on t.eJtder for an Envlronmantal Cl~nup ~ronmenra! t.~r, Nothing heroin shag creels N4N-UMtFORM COVte(WW'rS, @onoyy~ and Lender furher covenant and a 2.Z. Accalat'atlon; A•medla9, Londorehallgl+ranotlastal3ornowar t~ a6 foAowa: sotrowar'a bt'each of any 001rehgnt or agreement In ihla 5oc prloe'toaaoatanagontollaydn9 eccalaratlon larder Section 1e unl•ae ~ lament ~y+rorcf, among atharthingo: (a} rho ~ ukable Law proNdaa otiwtwisaj, ~~ ~~ ~ ilrodofeuftmusfbecurad;end(d}thatfeHur+atoc roN~c{ef~ j o~ ~odouratir•dohul~~eJ~ of the alms sectfrad by thla Saa~y Ihatcum b ~ ~Yhaoaelaeal~ Propotly. !-onda~r efrail furthorlnfonn t3orrowvr~oifl oauro bYludkfAl ~ and aa[o of rho !o assort In thv taroctosuro prccaodi M9httorofRatatom}bgraopalerag~andlhotrb~ t3nm~wvrtoaccatoragonendforodo,aux. iflltond 1'afllanot ova ~h ~ ~ oar dafanaa o! mayrequlrotmnwdtatp a apioMad,landaratlteaptfon domandandrnayforoepl ~~tl~ulottafiaumasoouredbythtaSactaMtylna4ununtwlltrorithxf[tor to ealfoct all ~ natrumoM by)ttdlclal ptor~~, ~rtdw'elrall ba antldad ~naoa Inottrrod to PutstMng the rorrrodfoa provided Inihla no! Ilmttod ro, attoenoya'faos and costa of tluo eWdanaa to rho oxbent Saedotl~r GrdudAtp, but 29. Raleaw. Upon payment of all sums secured b f~ml~dbYAplfdte•~oLaw~ Instrument and tho estate conveyed shall tennlnate and bec me vad A~er au ~~ ~~ Securty shall discharge and saUsiy this Security Instrument, Sonower shall ranee, Lender may charge Borroweraiceiorreleasing Ihls Seourlry Instrument, baton yi-Uter teeispecidntp~ ~f~Pnedrteyr for services rendered and the charging of the iee b permhted under Appikahle may. or defects i~ p ~~l 8~ A ~a ~~lap3eauriq~i Inatrumel~band here~b ~ ~d releases arty error y waives 8-p beneAt of any PEFI~t81f1.VANU-~~ FamNl--t'annl~ MRa/FnQdh Mac UNIFORM IM8TR11MEIYr Fq ~~ m18B9.20Q20ntlRO tkeumer~e~ fns R~~OQeI/01 Pogo 14 of 18 AAL1dEDL 8f~.~~~83~9'~s~~a ~~ present or suture taws pmvidln ter sta of execution extension of ~~ ~ r 5838859 -evy and eats, and homestead exemption, t(me, exernPtiart from ettathment, af3. Aoin+deternantForiod.6otrowor'3timaterblt-stata prior fn the commencement afbidding at ashertfrs safe or otl~arYidedinSeotlon f Ashaflexranatflonehour 26. PurChaso Monay Mort putstrantto fhb Becur~y[nstrument. Borrower tp acyulre title tothe 8p9e~ ~ any of the ttebt secured by this Seourityr Instrumont (a lent to 27. IntaroetRatoAftorJudg~ttpanfY~~rrawera~greeafhatthelntelreatra erC118semonaymortgage, Is entered on the NoteGrinanaottonoimatgagetorealosureshallbetharatapay ~dmedtom~met under the Note. Sec airy In~strumeSnEagd ffn en Rider exepq,+ted 6 agCeos to the terms and covenants contained in this Y t3orrouer and recorded with it. ~~ -~~-~.~~~~~~~/~^"" seal pxvz u .,, ~~., t '~ ~ ~~~ ~ita`~ur ,'e:. '"'` (Beal) ~'V~ Y pRA.O{t PENN8YLVANtA-8fngleFemlly-f'annNM~WFr«Idk(~ctINIFOAMtN6tfitfllAFNI' PamOOa~l/01 m to0a-2oe2 Online Ocacunronte, Ina. PAgo iS o016 PAunEpt, B~:f 839P6~k 875 ~ t-s se3aeae !, do hE of my Co+aso»s.aat~E o PElI~tB L County oft ~~ 1 Oo this bhe ~ day o bofare ~~ ~~~; 1'4 ~( t4~e. udd°r°igaad o~fiwr, pare kno ~#~o ne for °etiafaa~oxib eubaoribed ~c ~bopwitibinoiuaE~Be per°nn r:hasa aa~gq axeautad the a:eso far ~ba rmaent and °Cknawlodgad thak •Yq,w °enu whereof 3 harauAto sab a PurPosee tbete3a aoAtpinad. ~„ww+w,p,,;~~? y hued and ofEic~,ol anal. ~~a' 4~, r~.~patoa expir4o ~ i (~ ~o ~, ~, ; ,. !at ~', , ~ ~,,,~; . .,` wo-~~~APR26 2035 Title of S I'I .~f/ .rL''r• ~.. . S~ry~~~'~~~~ANIA-9ingfo Fary~y-Feno(v ~teo ~r'~r 80a,~OnUneOowment~,(nc ~-oddNM+IaUMFORMIkBTgUyp,M Fb+ma00°//D'! ECClf Aago 1@ of 76 Pat~eot, BK~~ Q~~3~9 PG 4 8 7°6 Exhibit "A" L®ga! Description Ail that certain parcel of land sttuatg in the Township of Upper MtFdfn, County of Cumberland, Commonwealth of Pennsylvania, being known and desiQneted as fellows: Begtnntng at a posh thence by lands now or late of Jose h Jum er, 417.4 feet, more or less, to a stake, corner of land of D. IpnrJn Heckman et bi 3/4 ° East land cf the said p, Irvin Heckman et ux (which with the tract of land hereinde criber d by originally former s single tract end which ryas acquired from Ruth Moyer MoCo Deed t3ook "Q", Volume 20, Page 891) at~ss a stream to s Y' widow, in said Stream and continuing back across Bald Stream South 2f~314 East 02,7 feet more ar less, to a sake; manta by lands now or late of Benjamin t.ehman South 851/2° West (Incorrectly stated as t3outh 621/2° West In prior deed but see ofd deed Val, 3, page 374, for the correct course of South 851!2° Weetj 2ti7 feet, r~ ~~, toga stone; thence by same North t31 1/4° Vyest 12 perches b a stone; thence by tanda now or late of John Whlsler North 89° East 7 peroh~ to a Wear (tncsrna.:lly olalcJ dy IJurlh 4 ~r~- west in riot r deedenca by same North a1 1/4' "P"~ Voi, 3, Pegs 374, for the p but sae Old Dead, Dees l3ppk place of beginning. The Southern line Off th herejnd~cnt~ed ~ of iendpls a o~~ and !n a Read and being Improved with a one story cottage. 9 Tax !D; 44-Ot3.p4gg 1 Certify this to b~ raru~'dcr_1 it (',,...1,r.,~~,~rT r~~llilty F'A ,,.,... ~,y ~? •.~ ~ 934819 -1 / Wells Fargo Home Mortgage • P.O. Box 1225 Charlotte, NC, 2R 201-1225 July 2, 2007 PAUL N BRANDY 034 MOUNTAIN RD NEMVILLE PA 1741 00~810/938k191 BAIINII~I Illllllllnl~ll „oo ~oo, ,~oo ~.a, ,oo. RF.: Wells Fargo Home Mortgage Loan Numher R45R3RR9R3 Mortgagor{s): Paul H. Brandt t.eilana j. Brandt ~~ ~ ~ M y Mortgaged Premises: R32 Mountain Rd. ' Newville, PA 17241 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort eon our home is in defaalt and the lender intends to foreclose. S ecific information about the nature of the default is rovided in the attached a es. The HOMEOWNER'S MORTGAGE ASSTSTANCE PROGRAM HEMAP ma be able to hel to save roar home. This Notice ex lams how the nrevrar„ e.,,rLn r-~ousm t~inance A en toll free at 1-800-342-2397.•~personsewith i (717) 780-1869). This Notice contains important legal information. Tf yon have any gaestions, representatives at the Consamer Credit Counseling Agency may be able to help explain it. Yon may also want to contact an attorney in voar area The local bar assoaation may be able to help you find a lawyer. LA NOTTFTCACTON EN ADJUNTO ES DE SUMA TMPORTANCTA, PUES AFECTA SU DERECHO A CON'T•TNUAR VTVTENDO ENSU CASH. Si NO COMPRENDE EL CONTENDO DE ESTA NOTTFTCACTON OBTENGA UNA TRADUCCTON TNMEDTTAMENTE LLAMANDO ESTA AGENCTA (PENNSYLVANIA HOUSING FINANCE AGENCY) STN CARGOS AL NUMERO MENCTONADO ARRTBA. PUEDES SER ELEGTBLE PARR UN PR ESTA MO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSTSTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDTDA DEL DERECHO A REDTMTR SU HTPOTECA. The name address and hone number of Consamer Credit Counselin A enaes serving voar ~onnty are listed at the end of this Nnri~P r{ ~,,.. ~..._._ __ HOMEOWNER'S NAME(S) PROPERTY ADDRESS: LOAN ACCT. NO.: Paul H. Brandt Leilana T Brandt 832 Mnantain Rd Newville, PA 17241 - 8458388983 ORIGTNAL LENDER: CURRENT LENDER/SERVTCER: WELLS FARGO RANK, N. A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELTGTBLE AL ASSTSTANCE TF YOU COMPLY WTTH THE PROVTSTONS OF THE HOMEOWNER S EMERGENCY MORTGAGE ASSTSTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELTGTBLE FOR EMERGENCY MORTGAGE ASSTSTANCE; • TF YOUR DEFAULT HAS BEEN CAUSED BY CTRCUMSTANCES~BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BETNG ABLE TO PAY YOUR MORTGAGE PA YMENTS, A ND • iF YOU MEET OTHER ELTGTBTLTTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay 0 orec osure on your mortgage or t irty 30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" mnPr;r.. ,~.:..-. ~__ _t _~ ._ ••• •••• i~uuco. ~t ~s only necessary to sche u~~e one ng. A vise your len er imm_;ately of your intentions. APPLICATION F R MORTGAGE A STSTANCE -Your mortgage is in default for the reasons set ort ater in t is once (see o owing pages or specific information about the nature of your default.) Tf yon 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, o do so, yyou must fill out, sign and file a completed Homeowner s Emergency Assistance Program Ap location 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 appl~cat~on to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MIIS.T' FILE YOUR APPLICATION PROMPTLY. TF YOU FAIL TO DO SO OR iF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH TN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLTCAtI'iON FOR MORTGAGE ASSTSTANCE WELL BE DENTED. R RED1T C NSELTN AGE CTES - Tf you meet with one of the consumer credit counse in a encies iste at t e en o t is notice, t e lender ma NOT take action against you for thirty~3(~ days after the date of this meeting. ThP namPC "~a._.___ __ ~ _ , ..c ~--~-- -- ~ - 00~610l936 A NCY ACTT N -Available funds for emergency martga};e assistance are very limited. They will e is arse t e Agency under the el> >bility criteria established Housing Finance A enc has six 60 ~ by the Act. Tyhe Pennsylvania During that time, no foreclosure proceedings twill beepus ued~ angaiost you f you have e[lthe time requirements set forth above. You will he notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: TF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION TN BANKRUPTCY THE FOLLOWING PART OF THiS NOTICE TS FOR INFORMATION PURPOSES O1~TLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (Tf you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.} HOW TO CURE YOUR MORTGAGE DEFAULT Brin it u to date . KG c~K ~ HN nFFAUi T - -The MORTGAGE, debt held by the above lender on your property at: R32 Mountain Rd l~T 11 r A. YOU HAVE NOT MADF, MONTHLY MORTGAGF, PAYMENTS for the following months and the following amounts are now past due: ar_.. ~.,~ ~ ..,.,._ L -explain/itemize : Late Char es S6~ rFees (ifapplica le} ti. YOU HAVE FAILED TO TAKE THE FOLLOWING ACT10N HnW Tn ['iiuu 'run T,>Q>7. rTr ~ _ _ 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 $ 2•~to•a~ PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHiCH B~?COME DUE DiJRIIVG THE THIRTY (30 DAY PERIOD, Payments must he made either lrv cash, cashier's check, certified check or mane order made a able an sent to. WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-01H DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: TF YOU DO NOT CURE THE DEFAULT - - Tf you do not cure the default within THIRTY (30) DAYS o t e ate o t ~s once, t e en er mten s to a:erase its ri hts to accelerate the mart a debt. This means that the entire outs tan ing a ance o t ~s e t wi a cons ere ue ~mme gate an lose the chance to pay the mortga a in monthly installments. Tf full payment of the total amount pasty due is not made within THIRTY ~30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose ut+on vour mortsased nrnnPrro_ iF THE MORTGAGE iS FORECLOSED UPON - - The mortgaged property will he sold by the Sheriff to ay o t e mortgage a t. teen er re ers your case to its attorneys, but you cure the delinquency befpore the lender begins legal proceedings against ou yyou will still be required to pay the reasonable attorney's fees that were actually incurred, up to ~SO.bO. However, if legal proceedings are started against you, ou will have to pay all reasonable attorney's fees actually incurred b~ the lender even if they exceed 50.00. Any attorney's fees will be added to the amount you owe r6~ Ppd.. ...~.:..L .___ also include other rP~cr,n~l.le ,.,..._ u__~ _.. OTHER LENDER REMEDIES - -The lender may also sue you personally for the unpaid principal a ance an a of er sums ue under the mortgage. n th e OOS•10193• 'RTOR TO SHERIFF and foreclosure oroce mart a e. Daringg~ yonr a an t in t e manner set same position as if you had never defaulted. 'ALB - If ou have not cured the default ngs~ave begun, you still have rhP .;n6r in restore yonr mortgage tie EARL.iFST POSSTBT F SHFitiFF'S SAT F DATF - Tt is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) 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 he by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Namber: Fax Number: Contact Person: Wells Fargo Home Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 1-800-766-0987 803-396-6063 Clarice Townsend EFFECT OF SHERIFF'S SgLE -You should realize that a Sheriff's Sale will end yonr ownership of the mortgage property an your right to occupy it. 1f 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 the lender at any time. by ASSUMPTION OF MORTGAGE -You ma or a uyer or trans eree w o wi assume the mortgage debt, provided thatsall 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. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DF,BT OR TO BORROW MONEY FROM ANOTHER LENDING INSTT1'UTTON TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURET) 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 THF, FEDERAL, BANKRUPTCY I.AW. APPENDIX C PENNSYLVANIA HOUSING PTNANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDfT COUNSELING AGENCIES ~i~MBEALAI~D ~~LJ~17"y CCCS of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3rd Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-t 757 (717) 762-3285 FAX # (717) 541-4670 IJrban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 PAX# (717) 234-9459 YWCA ofC',arlisle 301 G Street Carlisle, PA 17013 (717) 243-3 R 1 R FAX# (717) 731-9589 Community Action Commission nfthe Capital Region 1514 i?erry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 ( 717) 334-151 R FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can he reached TOI,I. FRF.F. at 1 (800) 342-2397. 00~6~0/938 1 Wells Fargo Home Mortgage P•O. Box 1225 Charlotte, NC 2R 201-1225 July 2, 2007 LEILANA J BRANDT 634 MOUNTAIN RD NEIiVILLE PA 17441 oo~ae~~s3aksi ~aIIIIIIAII~lllllllllllllll RF.: Wells Fargo Home Mortgage Loan Number R45R3RR9R3 Mortgagor{s): Paul H. Brandt Mortgaged Premises: R32 Mountain Rd. Newville, PA 17241 T The ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HQME FROM FORECLOSURE the mort 8e on voar home is in defanlr. ~..a 'S MORTGAGE ASSISTANCE PROGRAM ~,.... t_~_ ~..~ . ~_ r P) may be able to help to r •.~LL~~~~ rmance A en toll free at 1-800-342-2397, vPersons~with i a; (717) 780-18b9). This Notice contains important legal information. Tf yaa have any gnestions, representatives at the Consamer Credit Coanseling Agency may be able to help explain it. Yoa may also want to contact an attorney in voar area The local bar association maybe able to help you find a lawyer. LA NOTTFTCACTON EN ADJUNTO ES DE SUMA TMPORTANCTA, PUSS AFECTA SU DERECHO A CON'1'INUAR VTVTENDO EN SU CASA. ST NO COMPRENDE EL CONTENDO DE ESTA NOTTFTCACION OBTENGA UNA TRADUCCTON iNMEDTTAMENTE LLAMANDO ESTA AGENCTA (PENNSYLVANIA HOUSING FINANCE AGENCY) STN CARGOS AL NUMERO MENCTONADO ARRTBA, PUEDES SER ELEGTBLE PARR UN PR ESTA MO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDTDA DEL DERECHO A REDTMTR SU HTPOTECA. The name address and hone number of Consamer Credit Connselin A enaes servine vOnr Connty are listed at the end of this 1Vnri~n rr ~.,.. L____ _ HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT, NO.: ORTGiNAL LENDER: CURRENT LENDER/SERVTCER: P n~ I H Bran t Leilana T Brandt 832 Mnant~in Rd Newo,lle, PA 17241 8458388983 WELLS FARGO RANi~ N. A. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELTGTBLE FOR FTNANCTAL ASSi.CTenrrn TEMPORARY STAY OF FgORECLOSURE --Under the Act, ou are entitled to a temporary stay you must arrange and att nd a "facettorfaCe~~mee~nnra,~r6h ~~ati °f this Notice. During that time 9DP Bri.c l:e r_.J _.. ~L _ _ f . _ _ ._ TF YOU COMPLY WITH THE PROVTSTONS OF THE ROMEO YML~NTS MORTGAGE ASSTSTANCE ACT OF 1983 (THE "ACT"), YOU MAY BIE EL GBLE OR EMERGENCY MORTGAGE ASSTSTANCE: • TF YOUR DEFAULT HAS BEEN CAUSED BY CTRCUMSTANCES BEYOND YOUR CONTROL. TF YOU HAVE A REASONABLE PROSPECT OF BETNG ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND TF YOU MEET OTHER ELTGiBTLTTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. meeting. Advise your len er imme iately~~f ynursi to tionsessary to sc e u e one ace-to-face APPLICATION FOR MORTGAGE ASSTSTANCE -Your mortgage is in default for the reasons set ort ater in t is Notice (see o lowing pages or 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 appp~ y for financial assistance from the Homeowner s Emergency Mortg Pro(;ram. To do so, yyou must fill out, sign and file a com pleted Homeowner's Emer enc Assistance Program A p age Assistance listed at the end of thisNotice nOnly consumter ced~ cotunseling a encies~have aSeling agencies g l p canons for the program and they will assist you in submittin a complete application to the Pennsylvania Housing Finance Agency. Your application MUST he filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MU.~T FILE YOUR APPLICATION PROMPTLY. TF YOU FAIL TO DO SO OR iF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH TN THIS LETTER FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLTCAtT'TON FOR MORTGAGE ASSTSTANCE WELL BE DENIED. R REDTT C ELT A E TE If you meet with one of the consumer credit counsetiyn~ a~encies iste at t e en o t is notice, t e lender may NOT take action against ou for thir 3 days after the date of this meeting. The names addresses and r.1..,6,..._ ____~' of designated consumer rr.r~a ...... ..__,~_ _ 00l 811/938 AGE Y ACTTO -Available funds for emergency mortgage assistance are very limited. The will e is arse t e Agency under the el> >bility crlter~a established ~- Housing Finance Agency has six 60 ~ by the Act. yThe Pennsylvania During that time, no foreclosure proceedinpstwill beepus ued~ angainst you f you have meplthe~on. requirements set forth above. You will he notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, time NOTE; TF YOU ARE CURRENTLY PROTECTED BY THE FTLTNG OF A PETTTTON TN BANKRUPTCY THE FOLLOWING PART OF THIS NOTICE TS FOR INFORMATION PURPOSES OT~TLY AND SHOULD NOT BE CONSIDERED AS ANATTEMPT (Tf yon have filed banks i0 COLLECT THE DEBT. P cy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Brin it u to date . -L •~~ ~ n u Ka ~ -r -r _ -The MORTGAGF, debt held by the above lender on your property at: R32 Moun in Rd. N~w_ ~ills_PA 17741 e: YOU HAVE FAILED TO TAKE THE FOLI,OWTNG ACTION iTnW Tn ^ iTU 3a TTtn ..,,... ___ _ - _ You may cure the default within THIRTY (30) DAYS of the date of this nonce BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH TS ~ 2.~t o.at PLUS ANY MORT )GAGE PAYMENTS AND LATE CHARGES WHICH B~?COME hecklcerRtTf~d check or~mone (o~der~madeF aTOable an senntt must be made either t to: cash cashier's WELLS FARGO HOME MORTGAGE 1 HOME CAMPUS X2501-0IH DES MOINES, IOWA 50328 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: TF YOU DO NOT CURE THE DEFAULT - - o t e ate o t ~s once, t e en er lnten s to exeraise~itsri hts tohae~lerate t~he~mort;IRTY (~ means that the entire outs tan Ong a ance o t ~s e t w~ a consi ere ue ~mme late an b~0) DAYS lose the chance to pap the mortga a ~n monthly installments. If full payment of the total amount a tts due is not made w~th~n THIRTY y you may legal action to foreclose u on ~i0) DAYS, the lender also intends to ~nstructits attorneys to start oar mort a ed ro ert~. iF THE MORTGAGE TS FORECLOSED UPON--The mort a ed before the lender begins legal proceedin pp ~ g property w'll be sold by the Sheriff to pay o t e mortgage a t. teen er re ers your case to its attorneys, ut yon cure the delinquency attorney's foes that were actually incurre~'d,aupa~tot~SO f~0° Ho~weverl ~f legal lpro eedin~ are start d le against you,yyou will have to pay all reasonable attorney's fees actually incurred b the lender even if they exceed SS0.00. Any attorney's fees will be added to the amount ou o also include other reasonable costs. if ou cure the default within the THTR'T'y 30y pA~ eriod ou will not be required to t-av attorney's eec, we the lender which may OTHER LENDER REMEDIES - -The lender may also sue you personally for the unpaid principal a ance an a of er sums ue under the mortgage. ~_ A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: May 2007 Tuly 7nn7 oos•a~iea• n th e mort a e..Curii same pos~t~on as an osure proc yoar detault in the manner set you had never defaulted. restore your mortgage to EARLiRST PnSSiBi F Ci~;FRiFF'4 SA DATF - It is estimated that the earliest date that such a ~her~rt s Sale of the mortgaged property could be held would be approximately six (6) 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 he by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: Wells Fargo Home Mortgage 3476 Stateview Boulevard Fort Mill, SC 29715 1-800-766-0987 803-396-6063 Clarice Townsend FFE F HERiFF' ALE -You should realise that a Sheriff's Sale will end your ownership of the mortgage property an your right to occu p Sheriff's Sale, a lawsuit to remove you and youp furnish,ngs and other blelongings could h~stfter the the lender at any time, arted by ASSUMPTION OF MORTGAGE --You may or may not sell or transfer your home to a uyer or trans eree w o wi assume the mortgage debt, provided that all the outstandin charges and attorney's fees and costs are paid prior to or at the sale and that the other requipements~' of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • 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 THiS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RF,STORED TO THE SAME POSITION AS TF NO DEFAULT HAD OCCURRED IF YOU CURE THE DEFAULT. (HOWEVER, YOIJ DO NOT HAVE THiS RIGHT TO CURE YOUR DEFAULT MORE T AN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCF. OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT iNSTITUTED UNDER THE MORTGAGE nOCUMENTS. • TO ASSERT ANY OTHER DEFENSF, YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THF. FEDERAL, BANKRUPTCY LAW. iALB -- if yon have not cured the default ngs ave begun. you stall 6g.,. *t,_ _:..~. APPENDIX C HOMEOWNER S EMERGENC YMORTGAGE ASSISTANCE PROGR CONSUMER CREDIT COUNSELING AGENCIES AM CI~~BERLA~iD COi,~~V'T"Y cccs of Western Pennsylvania, Inc. Financial Counseling Services of Franklin 2000 Linglestown Road Harrisburg, PA 17102 31 West 3rd Street (717) 541-1757 Waynesboro, PA 17268 FAX# (717) 541-4670 (717) 762-3285 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 YWCA of ('arlisle 301 G Street Carlisle, PA 17013 (717)243-3 R 1 R FAX# (717) 731-9589 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717} 234-2227 Adams County Housing Authority 139-143 Carlisle St. Gettysburg, PA 17325 (717) 334-1518 FAX (717) 334-8326 The Pennsylvania Housing Finance Agency can he reached 1'OI.I. FRF.F. at 1 (800) 342-2397. VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & KREISMAN, LLC BY: Dated: g (~ C~ I2.(~~ ~ (~ ~ _ ~' ~' 0 - t" J _ '.,. V I ~ -p ~ ~ - 7 ' .; I . l `~ t '~ `. r SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Baz # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 07-29759 Well Fargo Bank, N.A. 1 Home Campus Drive Des Moines, IA 50328 PLAINTIFF ; VS. Paul H. Brandt ; and Leilana J. Brandt DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY N0:07-4966 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & KREISMAN BY: Ilana Zion, Esquir Attorneys for Plain ' ..y ~, r Well Fazgo Bank, N.A. v. Paul H. Brandt and Leilana J. Brandt VERIFICATION The undersigned is `~' ,~~-~ aS6,r- of Fidelity National Foreclosure Solutions, as attorney in fact for Well Fazgo Bank, N.A. and as such is familiaz 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. Fidelity National Foreclosure Solutions, as attorney in fact for Well Fargo Bank, N.A. Date: g I ~}- Name: ~ Title: Company: Loan: 8458388983 07-29759 ~ ~ ~` ._.., ~-,_ ". ~ ~., --ice,.; _ ~ ~~ ~, ,~, Cam? `" 4 ~?: ...~. x :.:~ti._. ~ ~-^-' ~ ~. ~--3 SHERIFF'S RETURN - REGULAR CA~,E NO: 2007-04966 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELL FARGO BANK NA VS BRANDY PAUL H ET AL CPL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE BRANDY LEILANA J was served upon the DEFENDANT at 1352:00 HOURS, on the 24th day of August 2007 at 832 MOUNTAIN ROAD NEWVILLE, PA 17241 PAUL BRANDY HUSBAND 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 q f o6~0`1 ~j» 16.00 Sworn and Subscibed to before me this day So Answers : „~,,,_,,_ ,---- ~~~ R. Thomas Kline 08/27/2007 SHAPIRO & KREIS By: _ putt' Sheriff of A.D. ~, °. SHERIFF'S RETURN - REGULAR CASE NO: 2007-04966 P a COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WELL FARGO BANK NA VS BRANDY PAUL H ET AL CPL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BRANDY PAUL H the DEFENDANT at 1352:00 HOURS, on the 24th day of August 2007 at 832 MOUNTAIN ROAD NEWVILLE, PA 17241 by handing to PAUL BRANDY 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 18.00 Service 11.52 Affidavit .00 Surcharge 10.00 00 gln4/o7 ~ 3 Sworn and Subscibed to before me this day So Answers: ;~~''~e~ r R. Thomas Kline 08/27/2007 SHAPIRO & KREISMAN By: ty S of - _ A.D. SHERIFF'S RETURN - NOT FOUND CA5~5'- NO: 2007-04966 P '"COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WELL FARGO BANK NA VS BRANDY PAUL H ET AL 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 ---------- but was unable to locate Him in his bailiwick. r.i.~~r.r w r~tm wR/'17'1T L~l1D L~ He therefore returns the the within named DEFENDANT 832 MOUNTAIN ROAD OCCUPANT NEWVILLE, PA 17241 NO OTHER OCCUPANTS RESIDED AT THE ADDRESS ASIDE FROM THE DEFENDANTS Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 9'D(.~b1~~ 16.00 So ~ R . Thorf~ 1 i ne Sheriff of C erland County SHAPIRO & KREISMAN 08/27/2007 Sworn and Subscribed to before me this day of NOT FOUND as to 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. 07-29759 Well Fargo Bank, N.A. ~ COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION vs. ~ CUMBERLAND COUNTY Paul H. Brandt and Leilana J. Brandt DEFENDANTS N0:07-4966 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $70,664.36 in favor of the Plaintiff and against the defendants, jointly and severally, 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 $64,319.43 Interest at 6.625% from April 1, 2007 to September 25, 2007 (178 days @ $11.67 per diem) $2,077.26 Late charges (for certain months prior to default and every month after at a rate of $33.36 per month) $166.80 Escrow Advance $619.90 Property Inspections $15.00 Title Search Report Fees $250.00 Attorneys Fees ~ _ -------`~-"-`~~ $3,215.97 TOTAL AMOUNT DUE /~, , , . „ ,n~--y,q $70,664.36 ~" Lauren R. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $70,664.36. s ~ ~- q/d5/07 'fro. Prothy. 07-29759 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF VS. Paul H. Brandt and Leilana J. Brandt DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4966 CIVIL TERM 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, September 14, 2007 to the following Defendants: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 ..~ ~ Kevin Dwyer, Legal Assistant Q- to Ilana Zion, Esquire for Shapiro & Kreisman, LLC 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF vs. Paul H. Brandt and Leilana J. Brandt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:07-4966 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 persons or their attorney of record: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 Date mailed: ~ b BY: ~aul`en R. Tabas, Esquire Attorney for Plaintiff ,LLC 07-29759 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Paul H. Brandt and Leilana J. Brandt DEFENDANTS NO: 07-4966 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Leilana J. Brandt DATE OF NOTICE: September 14, 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 WII.L BE USED FOR THAT PURPOSE. NOTIFICACION IlVIPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomaz la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compazazecer usted in Corte o escuchaz preuba alguna, dictaz 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 Name 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: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 ~~~~ l Ilana Zion, Esquire Shapiro & Kreisman, Attorney for Plaintiff 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Paul H. Brandt and Leilana J. Brandt DEFENDANTS NO: 07-4966 CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Paul H. Brandt DATE OF NOTICE: September 14, 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 IlViPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomaz la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compazazecer usted in cone 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 paza tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo paza averiguaz 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: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 s Ilana Zion, Esq ire Shapiro & Krei LLC Attorney for Plaintiff 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF vs. Paul H. Brandt and Leilana J. Brandt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:07-4966 Civil Term CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Well Fargo Bank, N.A. 1 Home Campus Drive Des Moines, IA 50328 and that the last known addresses of the judgment debtor (Defendants) are: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 BY: 07-29759 Lauren R. Tabas, Esquire Attorney for Plaintiff ~ -~ -- '"" E T' ---, (~ „~~ i ~ ~ ~ - t~ ` ~ ~ ~ - ~.y > _ • ~ ` - -. ~` N U ~ 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: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Well Fargo Bank, N.A. PLAINTIFF vs. Paul H. Brandt and Leilana J. Brandt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:07-4966 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 proceeding as indicated below. 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. 4/as/off ~s~ ~u d`g ~. ~q b~3 u + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Well Fargo Bank, N.A. PLAINTIFF vs. ()Confessed Judgment ()Other File No. 07-4966 Civil Term Amount Due 70 664.36 Interest September 26, 2007 to March 5, 2008 is $2,078.46 Atty's Comm Costs Paul H. Brandt and Leilana J. Brandt DEFENDANTS TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Leaal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as lis dens against real,e the ~ defendant(s) described in the attached exhibit. ~~~~~ ~ Date: Signatu e: Print Na .Lauren R. Tabas, Esquire Address: 3600 Horizon Drive, Ste.150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 93337 610• a?s• t~$oo ~~~~ `~ ~w ~~ 0 ~ g o F _ ~ 9 ,~ cA ~ O 0 O O ~ ~ ~ s _ - - ~ d ° ~~ ~` ~..~ ~J~ t_~. -s~ ti ~. L~? i -c"~ ~i~ ~= _~; -;~~ ; ^•.? •~ ~ ~a ~~ ~~'~ ,_ 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF ; vs. Paul H. Brandt and Leilana J. Brandt DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4966 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Well Fargo Bank, N.A., 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 832 Mountain Road, Newville, PA 17241. 1. Name and address of Owners or Reputed Owners Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 2. Name and address of Defendants in the judgment: Paul H. Brandt $32 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road 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: Well Fargo Bank, N.A. 1 Home Campus Drive Des Moines, IA 50328 .~ 4. Name and address of the last recorded holder of every mortgage of record: Well Fargo Bank, N.A., Plaintiff 1 Home Campus Drive Des Moines, IA 50328 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 maybe 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 maybe affected by the sale: TENANT OR OCCUPANT 832 Mountain Road Newville, PA 17241 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. BY & KREISMAN, LL `~--_._ n R. Tabas, Esquire 07-29759 r`.-' C~ ..,..:~~: ~,:~, ~=~.,~ s ": ., , r ~~ t: , C~~s ?; ~.f~ f 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. 07-29759 Well Fargo Bank, N.A. ~ COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Paul H. Brandt and Leilana J. Brandt NO: 07-4966 Civil Term DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Your house (real estate) at: 832 Mountain Road, Newville, PA 17241 44-OS-0409-038 is scheduled to be sold at Sheriffs Sale on March 5, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM, to enforce the court judgment of $70,664.36 obtained by Well Fargo Bank, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Well Fargo Bank, N.A. 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 maybe 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 maybe 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 maybe 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 ca11717-240-6390. 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 maybe 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. 07-29759 All that certain parcel of land situate in the Township of Upper Mifflin, County of Cumberland, Commonwealth of Pennsylvania, being known and designated as follows: Beginning at a post; thence by lands now or late of Joseph Jumper, North 51 3/4 East 417.4 feet, more or less, to a stake, corner of land of D. Irvin Heckman, et ux; thence by land of the said D. Irvin Heckman, et ux (which with the tract of land hereindescribed originally former a single tract and which was acquired from Ruth Moyer McCoy, widow, in Deed Book "Q", Volume 20, Page 891) across a stream to a post on the Western side of said stream and continuing back across said Stream South 27 3/4 East 702.1 feet, more or less, to a stake; thence by lands now or late of Benjamin Lehman South 65 1/2 West (incorrectly stated as South 62 %2 West in prior deed, but see old deed, Deed Book "P", Vol. 3, Page 374, for the correct course of South 65 West) 257 feet, more or less, to a stone; thence by same North 81 '/4 West 12 perches to a stone; thence by lands now or late of John Whisler North 59° East 7 perches to a post; thence by same North 41 Y4 West (incorrectly stated as North 4 3/4 West in prior deed, but see old Deed, Deed Book "P", Vol. 3, Page 374, for the correct course of North 41 '/4 West) 30.5 perches, to the place of beginning. The Southern line of the hereindescribed tract of land is along and in a Road and being improved with a one story cottage. BEING the same premises which Ray Heckman and Kathryn Heckman, his wife, by Deed dated May 14, 1982 and recorded in the Cumberland County Recorder of Deeds Office on May 14, 1982 in Deed Book T29, page 845, granted and conveyed unto Paul H. Brandt and Leilana J. Brandt, his wife. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIlZE 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. 07-29759 Well Fargo Bank, N.A. ~ COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Paul H. Brandt and Leilana J. Brandt NO: 07-4966 Civil Term DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Leilana J. Brandt 832 Mountain Road Newville, PA 17241 Your house (real estate) at: 832 Mountain Road, Newville, PA 17241 44-OS-0409-038 is scheduled to be sold at Sheriffs Sale on March 5, 2008 at: Cumberland County Sheriff s Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM, to enforce the court judgment of $70,664.36 obtained by Well Fargo Bank, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Well Fargo Bank, N.A. 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 maybe 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 maybe 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 maybe 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 ca11717-240-6390 . 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 maybe 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. 07-29759 ,' All that certain parcel of land situate in the Township of Upper Mifflin, County of Cumberland, Commonwealth of Pennsylvania, being known and designated as follows: Beginning at a post; thence by lands now or late of Joseph Jumper, North 51 3/4 East 417.4 feet, more or less, to a stake, corner of land of D. Irvin Heckman, et ux; thence by land of the said D. Irvin Heckman, et ux (which with the tract of land hereindescribed originally former a single tract and which was acquired from Ruth Moyer McCoy, widow, in Deed Book "Q", Volume 20, Page 891) across a stream to a post on the Western side of said stream and continuing back across said Stream South 27 3/a° East 702.1 feet, more or less, to a stake; thence by lands now or late of Benjamin Lehman South 65 % West (incorrectly stated as South 62 %2° West in prior deed, but see old deed, Deed Book "P", Vol. 3, Page 374, for the correct course of South 65 %2 West) 257 feet, more or less, to a stone; thence by same North 81 '/4 West 12 perches to a stone; thence by lands now or late of John Whisler North 59° East 7 perches to a post; thence by same North 41 '/4 West (incorrectly stated as North 4 3/4 West in prior deed, but see old Deed, Deed Book "P", Vol. 3, Page 374, for the correct course of North 41 '/4 West) 30.5 perches, to the place of beginning. The Southern line of the hereindescribed tract of land is along and in a Road and being improved with a one story cottage. BEING the same premises which Ray Heckman and Kathryn Heckman, his wife, by Deed dated May 14, 1982 and recorded in the Cumberland County Recorder of Deeds Office on May 14, 1982 in Deed Book T29, page 845, granted and conveyed unto Paul H. Brandt and Leilana J. Brandt, his wife. WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4966 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELL FARGO BANK, N.A., Plaintiff (s) From PAUL H. BRANDY and LEILANA J. BRANDY (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 $70,664.36 Interest from 9/26/07 to 3/05/08 is $2,078.46 Atty's Comm Atty Paid $190.52 Plaintiff Paid Date: 9/25/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs i~~~ ,e. ~C •tis R. Long, Prothonot y By: k Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIltE 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF VS. ' Paul H. Brandt and Leilana J. Brandt , DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4966 Civil Term CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA RC.P 3129.2 (C) (2) I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Well Fargo Bank, N.A., 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 October 22, 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: ' 1 ~' ~ lA ~ Heather Whitman Legal Assistant 07-29759 ;~d~a~ab ~uan;ab 1 N oo ° an~~aQ pa~a~a as ~~ N Ql NN o 6u ~pueH e~~adg ~o~~ a ~ ~ N u ~;ewai uo~ as ;euB~g G~ ~~P ~~ ~ ~ uo~; u~a~;uo /Gan~l Q N 4. y ~ ^ d V J ~ S ~ ~31~Nn o ° ~ ~ 0 w c m E m :°. Q // ~ _ „,"' ~ ~ ~ c ~ ~ ~ ~ of G C L CL m U ::~ maCQ~ (, amE~ym~ E i+o o r ~ ~c '•~~~~~ - ~,- ' m a d a ,. ~ ~ ,~ c% a o Q .~~,,.U ~ UQ Q C N ~ ~ O C d c ~ L ~ ~ c c ~ o Z, ~ C o ~ ~ a ~ ~ U ~ ~ ~ ~~~~ N ~ ,,,,~/ ~ R N ~ ~ ~ ~ ~ ~d'fn ~0 .~ ~ Q O~^^ `n~_, ai o, c U O N y ~ o ~ Q ~ " :: 0 o~m E ~~"'~ O ~~ ~ m p ~ ~ ~ o ro' Q~ ~ ~ ~ ~ a d q~ ~ N X ul C _ ~ i-1 a7 Qj N ~ ^~^^^ Q to N~ ~ Z ~s-, E O v [+o`noz ~~U a V ~~ _ n. ~ o O N ~ Q~ ~ I +' N f~0 Z? N O a ~ ~ N N ~ Z f0 N a ~ ~ N v N ~ LL O G y d Q w ~ > a ~ y ~ ~ rn °- h ~ ~a~J~ F ~ o .° M Q "" N ~ ~ ~ N N O '.oC O O h T N LPL O Z ~ ~ N O ~ F m ~ N .L ~ 7 C N ~ 2 to M (/1 ~ N M tf t(7 Cp h 00 H J Well Fargo Bank, N.A. VS Paul H. Brandt and Leilana J. Brandt In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-4966 Civil Term William Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2007 at 1408 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Paul H. Brandt and Leilana J. Brandt, by making known unto Paul Brandt, personally and adult in charge for Leilana J. Brandt, at 832 Mountain Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 15, 2008 at 0955 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 Paul H. Brandt and Leilana J. Brandt located at 832 Mountain Road, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Paul H. Brandt and Leilana J. Brandt, by regular mail to their last known address of 832 Mountain Road, Newville, PA 17241. These letters were mailed under the date of January 8, 2008 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Tabas. Sheriff s Costs: Docketing 30.00 Poundage 18.68 Advertising 15.00 Posting Handbills 15.00 Mileage 32.64 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 2.00 Law Journal 3 83.00 Patriot News 394.46 Share of Bills 16.17 / $ 952.45 So An we :: R. Thomas Kline, Sheriff BY~ D Real Estate r eant g ~o- ~.~ ~~ ~° ~~qa~ ~. ~ ~s~~ 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF vs. Paul H. Brandt and Leilana J. Brandt DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4966 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 1. Name and address of Owners or Reputed Owners Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 Well Fargo Bank, N.A., 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 832 Mountain Road, Newville, PA 17241. 2. Name and address of Defendants in the judgment: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road 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: Well Fargo Bank, N.A. 1 Home Campus Drive Des Moines, IA 50328 ~. 4. Name and address of the last recorded holder of every mortgage of record: Well Fargo Bank, N.A., Plaintiff 1 Home Campus Drive Des Moines, IA 50328 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 maybe 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 maybe affected by the sale: TENANT OR OCCUPANT 832 Mountain Road Newville, PA 17241 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, LL n BY R. Tabas, Esquire 07-29759 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. 07-29759 Well Fargo Bank, N.A. ~ COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Paul H. Brandt and Leilana J. Brandt ~ NO: 07-4966 Civil Term DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY T0: Leilana J. Brandt 832 Mountain Road Newville, PA 17241 Your house (real estate) at: 832 Mountain Road, Newville, PA 17241 44-OS-0409-038 is scheduled to be sold at Sheriffs Sale on March 5, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM, to enforce the court judgment of $70,664.36 obtained by Well Fargo Bank, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Well Fargo Bank, N.A. the amount of the ' judgment plus costs or the back payments, late charg6s, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You maybe 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 maybe 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 maybe 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 maybe 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 THI5 LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED -WILL BE USED FOR THAT PURPOSE. 07-29759 All that certain parcel of land situate in the Township of Upper Mifflin, County of Cumberland, Commonwealth of Pennsylvania, being known and designated as follows: Beginning at a post; thence by lands now or late of Joseph Jumper, North 51 3/4 East 417.4 feet, more or less, to a stake, corner of land of D. Irvin Heckman, et ux; thence by land of the said D. Irvin Heckman, et ux (which with the tract of land hereindescribed originally former a single tract and which was acquired from Ruth Moyer McCoy, widow, in Deed Book "Q", Volume 20, Page 891) across a stream to a post on the Western side of said stream and continuing back across said Stream South 27 3/4 East 702.1 feet, more or less, to a stake; thence by lands now or late of Benjamin Lehman South 65 %Z West (incorrectly stated as South 62 %Z West in prior deed, but see old deed, Deed Book "P", Vol. 3, Page 374, for the correct course of South 65 %2 West) 257 feet, more or less, to a stone; thence by same North 81 '/4 West 12 perches to a stone; thence by lands now or late of John Whisler North 59° East 7 perches to a post; thence by same North 41 '/4 West (incorrectly stated as North 4'/4 West in prior deed, but see old Deed, Deed Book "P", Vol. 3, Page 374, for the correct course of North 41 '/a° West) 30.5 perches, to the place of beginning. The Southern line of the hereindescribed tract of land is along and in a Road and being improved with a one story cottage. BEING the same premises which Ray Heckman and Kathryn Heckman, his wife, by Deed dated May 14, 1982 and recorded in the Cumberland County Recorder of Deeds Office on May 14, 1982 in Deed Book T29, page 845, granted and conveyed unto Paul H. Brandt and Leilana J. Brandt, his wife. 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Paul H. Brandt and Leilana J. Brandt DEFENDANTS N0: 07-4966 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Your house (real estate) at: 832 Mountain Road, Newville, PA 17241 44-OS-0409-038 is scheduled to be sold at Sheriffs Sale on March S, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM, to enforce the court judgment of $70,664.36 obtained by Well Fargo Bank, N.A. against you. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Well Fargo Bank, N.A. 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 maybe 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 maybe 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 maybe 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 ca11717-240-6390. 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 maybe 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. 07-29759 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-4966 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELL FARGO BANK, N.A., Plaintiff (s) From PAUL H. BRANDY and LEILANA J. BRANDY (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 $70,664.36 Interest from 9/26/07 to 3/05/08 is $2,078.46 Atty's Comm Atty Paid $190.52 Plaintiff Paid Date: 9/25/07 (Seal) L.L. $.50 Due Prothy $2.00 Other Costs F- C is R. Long, Prothonota BY~ C. Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 Real Estate Sale # 25 On November 1, 2007 the Sheriff levied upon the defendant's .interest in the real property situated. in Upper Mifflin Township, Cumberland County, PA Known and numbered as 832 Mountain Road, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 1, 2007 By~J~ Real Estat ergeant ~__ L <<,:~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 25, February 1 and February 8, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .r~- Marie Co ,Editor TO AND SUBSCRIBED before me this 8 day of February, 2008 Notary NOiAR1Al SEAL DEBORAH A COLLINS Notary Pubiic CARLISLE BORO, CUMBERLAND COUNN My Commission Expires Apr 28, 2010 ter, msTa ~.~ xo. ss Writ No. 2007-4966 Civil Wells Fargo Bank, N.A. vs. Paul H. Brandt and Leilana J. Brandt Atty.: Lauren Tabas DESCRIPTION All that certain pazcel of land situ- ate in the Township of Upper Miffiin, County of Cumberland, Common- wealth of Pennsylvania, being known and designated as follows: Beginning at a post; thence by lands now or late of Joseph Jumper, North 51 3/4 degrees East 417.4 feet, more or less, to a stake, corner of land of D. Irvin Heckman, et ux; thence by land of the said D. Irvin Fied®mm, et ux (which with the tract of laced hereindescribed originally former a single tract and which wes acquired from Ruth Moyer McCoy, widow, in Deed Book "Q°, Volume 20, Page 891) across a stream to a post on the Western side of said stream and continuing back across said Stream South 27 3/4 degrees East ?02.1 feet, more or less, to a stake; thence by lands now or late of Ben- jamin Lehman South 65 1 /2 degrees West (incorrectly stated as South 62 1/2 degrees West in prior deed, but see old deed, Deed Book "P", Vol. 3, Page 374, for the correct course of South 65 1 / 2 degrees West) 257 feet, more or less, to a stone; thence by same North 81 1/4 degrees West 12 perches to a stone; thence by lands now or late of John Whisler North 59 degrees East 7 perches to a post; thence by same North 41 1 /4 degrees West (incorrectly stated as North 4 3/4 degrees West in prior deed, but see old Deed, Deed Book "P", Vol. 3, Page 374, for the correct course of North 41 1/4 degrees West) 30.5 perches, to the place of begmrung. The Southern line of the hereinde- scribed tract of land is along and in a Road and being improved with a one story cottage. BEING the same premises which Ray Heckman and Kathryn Heck- man, his wife, by Deed dated May 14, 1982 and recorded in the Cum- berland County Recorder of Deeds Office on May 14, 1982 in Deed Book T29, page 845, granted and conveyed unto Paul H. Brandt and Leilana J. Brandt, his wife. ~' Tie Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE c'~e~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: 01 /30108 02/06/08 l Sworn to a b. ribed before ~ this~~5%~:~f~f~ruary, 2008 A.D. ~ a Notary Public 02/13/08 COMMONWEALTH OF PENNSYLVANIA NotariaE Saal Shortie L. tCisner, Notary Public City Of Harttsbury; C)~,iAS~hin county My Cgnrt~issi~^ = ,~,.^ ~~:- Nov. 2s, 2011 MN116er, Pennsylvania psoclation of Notaries ~~. .' ~u main p1 cif ~` ~ ~ - e[, f,~q : of ~!!~~ a~ ~ ~~. ~ti7.<i6et. ~r:iil"~c'~tr4Fr'tiF ,, Y .-.,~..~..~~ c.s ~aAre^eo a peat gP ~4F${.~ ~ ~ ~ 4iMA'i1' ~ i~'~y deed. Got sx dd deed, ~ 1~ "P", Wi; 3, Phge'~A4; ~nr~it earaci ~ d 3e~li 63U2 ~~. x,~ ~~ we ~,~; d~gee~ ~t• 12 ~D' ter: ~ ~.~ a lpic ~~~ v~~t ~'~a ~~~~ .. ~~-~~~~ ~~~,~e =~~ ,+.~ '~~~ ~'~~~ ley i4,. f9r2 ad C°°qR- ~e#~ ~ ~ 14, i B~IF;~it~ ,. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIIZE 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Paul H. Brandt and Leilana J. Brar:dt DEFENDANTS NO: 07-4966 Civil Term PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly mark the Judgment entered on September 25, 2007 in the above entitled action vacated without prejudice to Plaintiff. & KREISMAN, LLC Attorney for the Plaintiff -~. CERTIFICATE OF SERVICE I, LAUREN R. TABAS, ESQUIRE, hereby certify that on I served a true and correct copy of the within Praecipe to Vacate Mortgage Foreclosure Judgment upon the following parties via first class mail, postage prepaid: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 & KREISMAN, LLC LA`CJREN R. TABAS, ESQUIRE Attorney for the Plaintiff ~*, S.v ~? o ~ ,-~ . ~ -. - :~a. ~ ~ " p ;, ^ ~3 ~7 i^ ~ °, : C> .,~ ,, " c_` ` a h3 ~r r 'L-~ G .,.. -•.~ 'T 9 ti 7 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. 07-29759 Well Fargo Bank, N.A. PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-4966 Civil Term Paul H. Brandt and Leilana 3. Brandt DEFENDANT(S) PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED, without prejudice. & KREISMAN, LLC Q,uQ ~ Lat{ren R. Tabas, Esquire Attorney for Plaintiff DATED: 4 CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, hereby certify that on ~ -! ~ I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the following parties via first class mail, postage prepaid: Paul H. Brandt 832 Mountain Road Newville, PA 17241 Leilana J. Brandt 832 Mountain Road Newville, PA 17241 & KREISMAN, LLC B ~ ~ auren R. Tabas, Esquire Attorney for Plaintiff r ° n~ ..~ t:,~ t ."I r -. ~ -~ ' iiZ ~ fV .'r 4i~1 _ "7 - `j'~ -=+- = C i .. 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