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Home My WebLink About08-5441LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF GREEN TREE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 COURT OF COMMON PLEAS CIVIL DIVISION PLAINTIFF CUMBERLAND COUNTY VS. NO. Ctvi l Tern ROSE E. BREHM, A/K/A ROSE E. SETCHELL JAMES BREHM, JR., A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM 212 PONDEROSA ROAD CARLISLE, PA 17015 DEFENDANTS COMPLAINT IN 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 defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 800-990-9108 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN ID# 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF GREEN "TREE CONSUMER DISCOUNT COMPANY 7360 SOUTH KYRENE ROAD TEMPE, AZ 85283 PLAINTIFF VS. ROSE E. BREHM, A/K/A ROSE E. SETCHELL JAMES BREHM, JR., A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BRE14M 212 PONDEROSA ROAD CARLISLE, PA 17015 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 0 7- 5 y Lf 1 CAA -rzl?l COMPLAINT IN MORTGAGE FORECLOSURE CIVIL ACTION MORTGAGE FORECLOSURE 1. Green Tree Consumer Discount Company (hereinafter referred to as "Plaintiff") is an Institution conducting business under the Laws of the Commonwealth of Pennsylvania with a principal place of business at the address indicated in the caption hereof. 2. Rose E. Brehm, a/k/a Rose E. Setchell and James Brehm, Jr., a/k/a James I. Brehm, Jr., a/k/a James Irvin Brehm (hereinafter referred to as "Defendants") are adult individuals residing at the address indicated in the caption hereof. 3. Plaintiff brings this action to foreclose on the mortgage between Rose E. Brehm, a/k/a Rose E. Setchell and itself as Mortgagee. The Mortgage, dated March 10, 1999, was recorded on March 12, 1999 in the Office of the Recorder of Deeds in Cumberland County in Mortgage Book 1526, Page 181. A copy of the Mortgage is attached and made a part hereof as Exhibit `A'. 4. The Mortgage secures the indebtedness of a Note executed by the Defendants on March 10, 1999 in the original principal amount of $116,850.00 payable to Plaintiff in monthly installments with an interest rate of 10.50%. A copy of the Note is attached and made a part hereof as Exhibit `B'. 5. The land subject to the mortgage is 212 Ponderosa Road, Carlisle, PA 17015 A copy of the Legal Description is attached as part of the Mortgage as Exhibit `A' and incorporated herein. 6. Rose E. Brehm, a/k/a Rose E. Setchell is the Record Owner of the mortgaged property located at 212 Ponderosa Road, Carlisle, PA 17015. 7. The Mortgage is now in default due to the failure of Defendants to make payments as they become due and owing. As a result of the default, the following amounts are due: Principal Balance $104,080.13 Interest to 8/27/2008 $8,869.71 Accumulated Late Charges $3,145.50 Property Inspections $29.15 Property Taxes $5,129.55 Deferred Interest $8,579.38 Appraisal $140.00 Accumulated NSF Charges $20.00 Cost of Suit and Title Search $550.00 Attorney's Fees $1,000.00 TOTAL $131,543.42 plus interest from 8/28/2008 at $16.57 per day, costs of suit and attorney's fees. 8. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania Law, and will be collected in the event of a third party purchase at Sheriff's sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 9. Pennsylvania law requires that a plaintiff in mortgage foreclosure provide a defaulting mortgagor with a Notice of Homeowners' Emergency Mortgage Assistance ("Act 91 Notice") 35 P.S. Section 1680.403c. 10. The Notice of Homeowners' Emergency Mortgage Assistance was required and Plaintiff sent the uniform notice as promulgated by the Pennsylvania Housing Finance Agency to the Defendants by regular and certified mail on July 16, 2008. A copy of the Notice is attached and made a part hereof as Exhibit `C'. 11. The Mortgage is not a residential mortgage under 41 P.S. Section 401 because the principal amount of the Mortgage is in excess of $50,000.00 and, therefore, Plaintiff was not required to send the Act 6 Notice of Intention to Foreclose. WHEREFORE, Plaintiff requests the court enter judgment in Mortgage Foreclosure for the sale of the mortgaged property in Plaintiff's favor and against the Defendants, in the sum of $131,543.42together with the interest from 8/28/2008 at $16.57 per day, costs of suit and attorney's fees. Law Offices of Gregory Javardian BY: ttomey ID 55669 r gory J arPlaintiff Attorney for EXHIBIT `A' ROBERT P. ZIECLER RECORDER OF DEEDS CUMBERLAND COUNT; - Commonwealth of Pennsylvania r 29 t ti}Q 7 7 rr-??-ce2lbgAbis Line For Recording Data OPEN-END MORTGAGE t1J Application # 9903o102oo Loan # 6903104781 This Mortgage secures future advances 1. DATE AND *PARTIES. The date of this Mortgage (Security Instrument) is ,,,March 10, 1999 parties, their addresses and tax identification numbers, if required, are as follows: and the MORTGAGOR: Rose E. Brehm, aka Rose E. Setchell j , -2. o-? 0 If checked, refer to the attached Addendum incorporated herein, for additional Mortgagors, their signatures and acknowledgments. LENDER: Green Tree Consumer Discount Company 3401 Hartzdale Drive Suite 118 Camp Hill, Pennsylvania 17011 2. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is acknowledged, and to secure the Secured Debt (defined below) and Mortgagor's performance under this Security Instrument, Mortgagor grants, bargains, conveys and mortgages to Lender the following described property: See Exhibit A ROB"-RT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND-COUNTY- PA '99 NO 12 Pfd 2 03 The progeny is located in Cumberland ............................................. .......... at (county) ........ .................................................. 17013 -- (Address) .......................... (city) . (ZIP code) Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, all water and riparian rights, ditches, and water stock and all existing and future improvements, structures, fixtures, and replacements. that may now,. of at any time in the future, be part of the real estate described above (all referred to as 'Property"). 3. MA7QMU14i OBLIfjIQX L • . 1350 V The total principal amount secured by this Security Instrument at any one time shall not, exceed $ ..................... ............................... . This limitation of amount does not include interest and other fees and charges validly made pursuant to this Security Instrument_ Also, this:limitation;does not apply to advances made under the terms of this Security Instrument to protect Lender's securityand to perform any of the covenants contained in this Security Instrument. 4. SECURED DEBT AND FUTURE ADVANCES. The term "Secured Debt" is defined as follows: A. Debt incurred under the terms of all promissory note(s), contract(s), guaranty(s) or other evidence of debt described below and all their extensions, renewals, modifications or substitutions. (When referencing the debts below it is suggested that you include items such as borrowers' names, note amounts, interest rates, maturity dates, etc.) Note dated March 10, 1999, between Green Tree Consumer Discount Company and Rose E. Brehm, James Brehm Jr, for $116,850.00, maturing March 15, 2024. PENNSYLVANIA . MORTGAGE (NOT FOR FNMA, FHLMC, FHA OR VA USe InC to 1994 11. kc sr.lsm.. .. SL cbud. LrLL?..t4.L• tQage 1 of 6/ ll MN Form ID #ll sa {1500.397-23111 rw.mne-MTG-P/l 12/19104 Bood526rAGE X1.81 B. All future advances from Lender to Mortgagor or other future obligations of Mortgagor to Lender under any promissory note, contract, guaranty, or other evidence of debt executed by Mortgagor in favor of Lender executed after this Security Instrument whether or not this Security Instrument is specifically referenced. If more than one person signs this Security Instrument, each Mortgagor agrees that this Security Instrument will secure all future advances and future obligations that are given to or incurred by any one or more Mortgagor, or any one or more Mortgagor and others. All future advances and other future obligations are secured by this Security Instrument even though all or part may not yet be advanced. All future advances and other future obligations'are secured as if made on the date of this Security Instrument. Nothing in this Security Instrument shall constitute a commitment to make additional or future loans or advances in any amount. Any such commitment must be agreed to in a separate writing. C. All obligations Mortgagor owes to Lender, which may later arise, to the extent not prohibited by law, including, but not limited to, liabilities for overdrafts relating to any deposit account agreement between Mortgagor and Lender. D. All additional sums advanced and expenses incurred by Lender for insuring, preserving or otherwise protecting the Property and its value and any other sums advanced and expenses incurred by Lender under the terms of this Security Instrument. This Security Instrument will not secure any other debt if Lender fails to give any required notice of the right of rescission. 5. PAYMENTS. Mortgagor agrees that all payments under the Secured Debt will be paid when due and in accordance with the terms of the Secured Debt and this Security Instrument. 6. WARRANTY OF TITLE. Mortgagor warrants that Mortgagor is or will be lawfully seized of the estate conveyed by this Security Instrument and has the right to grant, bargain, convey, sell, and mortgage the Property. Mortgagor also warrants that the Property is unencumbered, except for encumbrances of record. 7. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security agreement or other lien document that created a prior security interest or encumbrance on the Property, Mortgagor agrees: A. To make all payments when due and to perform or comply with all covenants. B. To promptly deliver to Lender any notices that Mortgagor receives from the holder. C. Not to allow any modification or extension of, nor to request any future advances under any note or agreement secured by the lien document without Lender's prior written consent. 8. CLAIMS AGAINST TITLE. Mortgagor will pay all taxes, assessments, liens, encumbrances, lease payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require Mortgagor to provide to Lender copies of all notices that such-amounts are due and the receipts evidencing Mortgagor's payment. Mortgagor will.defend title to the Property against any claims that would impair the lien of this Security Instrument. Mortgagor agrees to assign to Lender, as requested by Lender, any rights, claims or defenses Mortgagor may have against parties who supply labor or materials to maintain or improve the Property. 9. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the Secured Debt to be immediately due and payable upon the creation of, or contract for the creation of, any lien, encumbrance, transfer or sale of the Property. This right is subject to the restrictions imposed by federal law (12 C.F.R. 591), as applicable. This covenant shall run with the Property and shall remain in effect until the Secured Debt is paid in full and this Security Instrument is released. 10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Mortgagor will keep the Property in good condition and make all repairs that are reasonably necessary. Mortgagor shall not commit or allow any waste, impairment, or deterioration of the Property. Mortgagor will keep the Property free of noxious weeds and grasses. Mortgagor agrees that the nature of the occupancy and use will not substantially change without Lender's prior written consent. Mortgagor will not permit any change in any license, restrictive covenant or easement without Lender's prior written consent. Mortgagor will notify Lender of all demands, proceedings, claims and actions against Mortgagor..,and'of any loss or damage to the Property. 01994 BwAws Syst-. kx_ St. Cloud, MN 11.900-397-23411 Form RE-M70-PA 12119194 boo 35215 PacE • 82 ,page of Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the purpose of inspecting the Property. Lender shall give Mortgagor notice at the time of or before an inspection specifying a reasonable purpose for the inspection. Any inspection of the Property shall be entirely for Lender's benefit and Mortgagor will in no way rely on Lender's inspection. 11. AUTHORITY TO PERFORM. If Mortgagor fails to perform any duty or any of the covenants contained in this Security Instrument, Lender may, without notice, perform or cause them to be performed. Mortgagor appoints Lender as attorney in fact to sign Mortgagor's name or pay any amount necessary for performance. Lender's right to perform for Mortgagor shall not create an obligation to perform, and Lender's failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or this Security Instrument. If any construction on the Property is discontinued or not carried on in a reasonable manner, Lender may take all steps necessary to protect Lender's security interest in the Property, including completion of the construction. 12. ASSIGNMENT OF LEASES AND RENTS. Mortgagor irrevocably grants, bargains, conveys and mortgages to Lender as additional security all the right, title and interest in and to any and all existing or future leases, subleases, and any other written or verbal agreements for the use and occupancy of any portion of the Property, including any extensions, renewals, modifications or substitutions of such agreements (all referred to as "Leases") and rents, issues and profits (all referred to as "Rents"). Mortgagor will promptly provide Lender with true and correct copies of all existing and future Leases. Mortgagor may collect, receive, enjoy and use the Rents so long as Mortgagor is not in default under the terms of this Security Instrument. Mortgagor agrees that this assignment is immediately effective between the parties to this Security instrument and effective as to third parties on the recording of this Security Instrument, and this assignment will remain effective until the Obligations are satisfied. Mortgagor agrees that Lender is entitled to notify Mortgagor or Mortgagor's tenants to make payments of Rents due or to become due directly to Lender after such recording, however Lender agrees not to notify Mortgagor's tenants until Mortgagor defaults and Lender notifies Mortgagor of the default and demands that Mortgagor and Mortgagor's tenants pay all Rents due or to become due directly to Lender. On receiving notice of default, Mortgagor will endorse and deliver to Lender any payment of Rents in Mortgagor's possession and will receive any Rents in trust for Lender and will not commingle the Rents with any other funds. Any amounts collected will be applied as provided in this Security Instrument. Mortgagor warrants that no default exists under the Leases or any applicable landlord/tenant law. Mortgagor also agrees to maintain and require any tenant to comply with the terms of the Leases and applicable law. 13. LEASEHOLDS; CONDOMINIUMS; PLANNED UNIT DEVELOPMENTS. Mortgagor agrees to comply with the provisions of any lease if this Security Instrument is on a leasehold. If the Property includes a unit in a condominium or a planned unit development, Mortgagor will perform all of Mortgagor's duties under the covenants, by-laws, or regulations of the condominium or planned unit development. 14. DEFAULT. Mortgagor will be in default if any party obligated on the Secured Debt fails to make payment when due. Mortgagor will be in default if a breach occurs under.the terms of this Security Instrument or any other document executed for the purpose of creating, securing or guarantying the Secured Debt. A good faith belief by Lender that Lender at any time is insecure with respect to any person or entity obligated on the Secured Debt or that the prospect of any payment or the value of the Property is impaired shall also constitute an event of default. 15. REMEDIES ON DEFAULT. In some instances, federal and state law will require Lender to provide Mortgagor with notice of the right to cure or other notices and may establish time schedules for foreclosure actions. Subject to these limitations, if any, Lender may accelerate the Secured Debt and foreclose this Security Instrument in a manner provided by law if Mortgagor is in default. At the option of Lender, all or any part of the agreed fees and charges, accrued interest and principal shall become immediately due and payable, after giving notice if required by law, upon the occurrence of a default or anytime thereafter. In addition, Lender shall be entitled to all the remedies provided by law, the terms of the Secured Debt, this Security Instrument and any related documents. All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in payment or partial payment on the Secured Debt after the balance is due or is accelerated or after foreclosure proceedings are filed shall not constitute a waiver of Lender's right to require complete cure of any existing default. By not exercising any remedy on Mortgagor's default, Lender does not waive Lender's right to later consider the event a default if it continues or happens again. BOOK 152063 ME d83 JI& (page 3 of 61 0 1894 Bankers Systems, Inc.. St. Cloud, MN 17•800-387.23411 iorm RE-MTO-PA 12118194 _ 16. EXPENSES; ADVANCES ON COVENANTS; ATTORNEYS' FEES; COLLECTION COSTS. Except when prohibited by law, Mortgagor agrees to pay all of Lender's expenses if Mortgagor breaches any covenant in this Security Instrument. Mortgagor will also pay on demand any amount incurred by Lender for insuring, inspecting, preserving or otherwise protecting the Property and Lender's security interest. These expenses will bear interest from the date of the payment until paid in full at the highest interest rate in effect as provided in the terms of the Secured Debt. Mortgagor agrees to pay all costs and expenses incurred by Lender in collecting, enforcing or protecting Lender's rights and remedies under this Security Instrument. This amount may include, but is not limited to, attorneys' fees, court costs, and other legal expenses. This Security Instrument shall remain in effect until released. Mortgagor agrees to pay for any recordation costs of such release. 17. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1) Environmental Law means, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), and all other federal, state and local laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the public health, safety, welfare, environment or a hazardous substance: and (2) Hazardous Substance means any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics which render the substance dangerous or potentially dangerous to the public health, safety, welfare or environment. The term includes, without limitation, any substances defined as "hazardous material," "toxic substances,* 'hazardous waste" or "hazardous substance" under any Environmental Law. Mortgagor represents, warrants and agrees that: A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance is or will be located, stored or released on or in the Property. This restriction does not apply to small quantities of Hazardous Substances that are generally recognized to be appropriate for the normal use and maintenance of the Property. B. Except as previously disclosed and acknowledged in writing to Lender, Mortgagor and every tenant have been, are, and shall remain in full compliance with any applicable Environmental Law. C. Mortgagor shall immediately notify Lender if a release or threatened release of a Hazardous Substance occurs on, under or about the Property or there is a violation of any Environmental Law concerning the Property. In such an event, Mortgagor shall take all necessary remedial action in accordance with any Environmental Law. D. Mortgagor shall immediately notify Lender in writing as soon as Mortgagor has reason to believe there is any pending or threatened investigation, claim, or proceeding relating to the release or threatened release of any Hazardous Substance or the violation of any Environmental Law. 18. CONDEMNATION. Mortgagor will give Lender prompt notice of any pending or threatened action, by private or public entities to purchase or take any or all of the Property through condetnation, eminent domain, or any other means. Mortgagor authorizes Lender to intervene in Mortgagor's name in any of the above described actions or claims. Mortgagor assigns to Lender the proceeds of any award or claim for damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds shall be considered payments and will be applied as provided in this Security Instrument. This assignment of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien document. 19. INSURANCE. Mortgagor shall keep Property insured against loss by fire, flood, theft and other hazards and risks reasonably associated with the Property due to its type and location. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Mortgagor subject to Lender's approval, which shall not be unreasonably withheld. If Mortgagor fails to' Maintain the coverage described above, Lender may, at Lender's option, obtain coverage to protect Leader's rights in the'Property according to the terms of this Security Instrument. All insurance policies and renewals shall be acceptable to Lender and shall include a standard "mortgage clause" and, where applicable, "loss payee clause." Mortgagor shall immediately notify Lender of cancellation or termination of the insurance. Lender shall have the right to hold the policies and renewals. If Lender requires, Mortgagor shall immediately give to Lender all receipts of paid premiums and renewal notices. Upon loss, Mortgagor shall give immediate notice to the insurance carrier and Lender. Lender may snake proof of loss if not made immediately by Mortgagor. /page 4 of 6) 01994 0.*.," Syv-. Inc., St. Crot.d, MN (1-000-397.2341) Form RE-MTG-PA 12/19/94 BOOK iCMs PRGE . Unless otherwise agreed in writing, all insurance proceeds shall be applied to the restoration or repair of the Property or to the Secured Debt, whether or not then due, at Lender's option. Any application of proceeds to principal shall not extend or postpone the due date of the scheduled payment nor change the amount of any payment. Any excess will be paid to the Mortgagor. If the Property is acquired by Lender, Mortgagor's right to any insurance policies and proceeds resulting from damage to the Property before the acquisition shall pass to Lender to the extent of the Secured Debt immediately before the acquisition. 20. ESCROW FOR TAXES AND INSURANCE. Unless otherwise provided in a separate agreement, Mortgagor will not be required to pay to Lender funds for taxes and insurance in escrow. 21. FINANCIAL REPORTS AND ADDITIONAL DOCUMENTS. Mortgagor will provide to Lender upon request, any financial statement or information Lender may deem reasonably necessary. Mortgagor agrees to sign, deliver, and file any additional documents or certifications that Lender may consider necessary to perfect, continue, and preserve Mortgagor's obligations under this Security Instrument and Lender's lien status on the Property. 22. JOINT AND INDIVIDUAL LIABILITY; CO-SIGNERS; SUCCESSORS AND ASSIGNS BOUND. All duties under this Security Instrument are joint and individual. If Mortgagor signs this Security Instrument but does not sign an evidence of debt, Mortgagor does so only to mortgage Mortgagor's interest in the Property to secure payment of the Secured Debt and Mortgagor does not agree to be personally liable on the Secured Debt. If this Security Instrument secures a guaranty between Lender and Mortgagor, Mortgagor agrees to waive any rights that may prevent Lender from bringing any action or claim against Mortgagor or any party indebted under the obligation. These rights may include, but are not limited to, any anti-deficiency or one-action laws. Mortgagor agrees that Lender and any parry to this Security Instrument may extend, modify or make any change in the terms of this Security Instrument or any evidence of debt without Mortgagor's consent. Such a change will not release Mortgagor from the terms of this Security Instrument. The duties and benefits of this Security Instrument shall bind and benefit the successors and assigns of Mortgagor and Lender. 23. APPLICABLE LAW; SEVERABILITY; INTERPRETATION. This Security instrument is governed by the laws of the jurisdiction in which Lender is located, except to the extent otherwise required by the laws of the jurisdiction where the Property is located. This Security Instrument is complete and frilly integrated. This Security Instrument may not be amended or modified by oral agreement. Any section in this Security Instrument, attachments, or any agreement related to the Secured Debt that conflicts with applicable law will not be effective, unless that law expressly or impliedly permits the variations by written agreement. If any section of this Security Instrument cannot be enforced according to its terms, that section will be severed and will not iffect the enforceability of the remainder of this Security Instrument. Whenever used, the singular shall include the plural and the plural the singular. The captions and headings of the sections of this Security Instrument are for convenience only and are not to be used to interpret or define the terms of this Security Instrument. Time is of the essence in this Security Instrument. 24. NOTICE. Unless otherwise required by law, any notice shall be given by delivering it or by mailing it by first class mail to the appropriate party's address on page 1 of this Security Instrument, or to any other address designated in writing. Notice to one mortgagor will be deemed to be notice to all mortgagors. 25. WAIVERS. Except to the extent prohibited by law, Mortgagor waives any right to appraisement relating to the Property. 900KI52 Pa 1t da,5 (z_ /page 5 of 6) 0 1991 Brans System, (M.. St. Cloud, MN (1-900-397.2341( Form HE-IN7G-PA 12/18194 26, OTHER TERMS. If checked, the following are applicable to this Security Instrument: ? Line of Credit. The Secured Debt includes a revolving -line of credit provision. Although the Secured Debt may be reduced to a zero balance, this Security Instrument will remain in effect until released. ? Construction Loan. This Security Instrument secures an obligation incurred for the construction of an improvement on the Property. ? Future Fling. Mortgagor grants to Lender a security interest in all goods that Mortgagor owns now or in the future and that are or will become fixtures related to the Property. This Security Instrument suffices as a financing statement and any carbon, photographic or other reproduction may be filed of record for purposes of Article 9 of the Uniform Commercial Code. ? Purchase Money. This Security Instrument secures advances by Lender used in whole or in part to acquire the Property. Accordingly, this Security Instrument, and the lien hereunder, is and shall be construed as a purchase money mortgage with all of the rights, priorities and benefits thereof under the laws of the Commonwealth of Pennsylvania. ? NOTICE TO BORROWER: THIS DOCUMENT CONTAINS PROVISIONS FOR A VARIABLE INTEREST RATE. ? Riders. The covenants and agreements of each of the riders checked below are incorporated into and supplement and amend the terms of this Security Instrument. (Check all applicable boxesl ? Condominium Rider ? Planned Unit Development Rider ? Other .................... Additional Terms. SIGNATURES: By signing below, Mortgagor, intending to be legally bound hereby, agrees to the terms and covenants contained in this Security Instrument and in any attachments. Mortgagor also acknowledges receipt of a copy of this Security Instrument on the date stated on page 1. (Signature) Rose Brehwa (Date) (Signature) - - ate).. /Rose,'E Setch .... . .......... ..!. ... .. ... . ..... .............................................. (?y s) (Witness) ACKNOWLEDGMENT: COMMONWEALTH OF ...Psylvania , COUNTY OF C-?,1,(Y?f(? troal";°"" On this, the .... 9til.. 1.>S.. day of ..Mdxqh..1.999 .......................... before me the undersigned officer, personally appeared , R.... E.. .Brehm, .Jame.. Brehm.Jr ........................•.......•.............. . ......................................................................................... known to me (or satisfactorily proven) to be they wmanW?whose name(s) is subscribed to the within instrument, and acknowledged that he/she executed the same :.rshdptit erein contained. EAL etl* USA I HARMS o o Fes: NOTARY FURIC t ? CtAHICSSU 1 ....... .............................................................. Otnca It is hereby certified that the address of the Lender within named is. creep Tree consumer Discount Company 3401 Hartzdale Drive Suite lla, camp Hill, Pennsylvania 17011 ........... ".... """ ....................................................................................................................... 61994 9enkers Systems, Inc., St. Cloud. MN 11-000-397-:23411 Form RE MTG PA 12119194 BOOK 1-526 PAGE 186 /page 0 of 61 EXHIBIT A . Legal Description: ALL THAT CERTAIN PROPERTY SITUATED IN THE TOWNSHIP OF LOWER FRANKFORD, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, BEING MORE FULLY DESCRIBED IN DEED DATED 01/10/92, RECORDED 01/28/92, APPEARING AMONG THE LAND RECORDS OF THE COUNTY AND STATE SET FORTH ABOVE IN DEED BOOK 35M, PAGE 566. Parcel ID: 14-05-0421-023 State of Pennsylvania J 86 County of Cumberlandl Rece•r'ed in 'ne office for the reco ding of Deeds rct, , end fc u: erland County, Pia, in . Boc : 0 Pag - ro s n y hand, of offi Carf,sle, A thm' _ day of igA -tecoraerc, (V `a RS•?FFC? w : ?'' r? ? t n BOOK 152f6 rAGE 187 EXHIBIT `B' (;T-15-00-09200/981 APP # 9903010200 . NOTE LN # 69-0310478-1 { ,,,,,,,,,••.•March 10t 1999 Carlisle i Ip.t.l ........ ........... ...•_.............................. Penns lvania Y .................... 1cuy1 ..... Israt.l ............................... 12 Ponderosa Road Carlislee Penns lvania 17013 IR'op.rty Addre..l .. ................... ............ I. BORROWER'S PR In return for a loan that I It reed, 1 promise to pay U,S, $„ 116:950: 00 called "principal"), plus interest, to the order of the Lender. The Lender is ... O..r...... """' (this amount is Hartzdale Driva Suite 116, Ca een Trees Consumer pisoount Cap an ?4 01 ........................... .?. Hill:• PA...17011 ................ _................._.................. ?..-?>.. .................. I understand that the Lender may transfer this Note. The Lender or anyone who takes this.Note .. . by . trail . sfer . and .. . wh to is entitled to receive payments under this Note is exiled the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until Cite full amount of principal has been paid. I will pay interest at a yearly rate of ,,,,, 10 , 500 %• Interest will he charged beginning on .........,. March 15, 1999 The interest rate required by this Section 2 is the rate I will pay (loth before and after any default described in Section 6(8) of this Note. 3. PAYMENTS (A) Scheduled Payments I will pay principal and interest by making payments when scheduled. I will make .......300 payments of $..l t 103: 28 15th .............................. of each Month :................................. each on the ... ................................ ...... beginning on A ril 15, 1999 ?-z'f will make payments as follows: "n addition to the payments described above, 1 will Pay a "balloon payment" of $ ............... on ""'^"'••••••-•••-•--•--••••••......... The Note Holder will deliver or mail to me notice prior to maturity that the nity a Date and payment is Place duo. (B) Maturity This notice will state the balloon Paytllellt an-unt and the date that it is due, of Payments 1 will make these payments as scheduled until I have )paid all of the principal and interest and any other charges described below that 1 may owe under this Note. My scheduled' payments will he applied to interest before principal. If, on March 15, 2024 ••......•••• ...............................I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "maturity date," I will make my scheduled payments at ....Green Tree : 7360 S . Kyrene Rd :, Tempe t AZ 85283 .................................... ... ............................ or at a different place if required by the No1tS Holder. 4. BORROWER'S RIGHT TO PREPAY AND PREPAYMENT PENALTY I have the right to make payments of principal at any time before they are due. A payment of principal only is known as a "prepayment." When Intake a prepayment, 1 will tell the Note Holder in writing that I ant doing so. IN I will pay anprepayment penalty of ...six months ' interest on the net unpaid loan amount if the entire oa balance is paid within 36 months Erom the date, of the l.oan ...................................... . ............... ................................................................ if l prepay this Note in full. Tile .Note Holder will trse all pf my (lrepaymCntS (o fC(IUL'C the alllount of principai Ihat I owe under this Note. If I make a partial prepayment, there will he no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES Ifa law, which applies to this loan and which sets maximum loan charges, is tin:dly interpreted so that the interest or other loan charges collected or to he collected in connection with this loan exceed the permitted limits, then: (i) any such loan charge shall he reduced by file amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will he refunded to me. Tile Note Holder may choose to make this refund by reducing the principal 1 owe under this Note or by making a direct payment to file. If a refund reduces principal, the reduction will be treated as a partial prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any scheduled payment by the end of ........... calendar days after the date it is due, I will pay a late charge to fite Note Holder. The amount or (tie chargc5will be 10:000 * . r? late payment. o t e unQai RaRf4}lrkl2!lf1? x•}? I will pa this late charge ronh tl but only once on each payment or 5-%RM whichever is greater- y (B) Default If 1 do not pay the full amount of each scheduled p aymelvt on the date it is due, 1 will be in default. (C) Notice of Default if 1 ant in default, the Note Holder may send me a written notice telling me that if i do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of principal which has not been paid and all the interest that i owe on that amount. That date must he at least 30 days after cite date on which cite notice is delivered or mailed to me. (D) No Waiver Bj Note Holder Even if, at a time when 1 am in default, the Note Holder does not require me to pay immediately in full as described above, file Note Holder will still have (he right (t) do so if I am in default at it lifter tittle. (E) Payment of Note Holder's Costs and Expenses It (he Note Holder has required me to pity nnlnedlatcly in full as describe(] above, rite Note Holder will have (Ile right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys* fees. MULTIPURPOSE FIXED RATE NOTE (MULTISTATE) a«-«. SW1•m•, Ine.• SL C1,,-1, MN F- ar• GT-15-00-O 10/987 (Page 1 0l 2) MPFFtN LA2 101211Sa 111103 l l 7. GIVING OF NOTICES 40 • b Unless applicable law requires a different method, atiy notice that mast be given to me under this Note will he given y delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at die address stated in Section 3(B) on page I of this Note or at a different address if I alit given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, includin made g the promise to pay the full amount owed. An of this Note is also obligated to do these things. An who is y person y Person a includinsurety or endorser who takes over these obligati ons, , including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against nit of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. ARBITRATION All disputes, claims, or controversies arising from or relating to this Agreement or the relationships which result from this Agreement, or the validity of this arbitration clause or the entire Agreement, shall be resolved by binding arbitration by one arbitrator selected by Lender with Borrower's consent. This arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, Title 9 of the Unites! States Code. Judgment upon) the award rendered may be entered in any court having jurisdiction. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes in court, but that they prefer to resolve their disputes through arbitration, except as provided herein. THE PARTIES VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT THEY HAVE TO A JURY TRIAL, EITHER PURSUANT TO ARBITRATION UNDER THIS CLAUSE OR PURSUANT TO A COURT ACTION BY LENDER (AS PROVIDED HEREIN), The parties agree and understand that all disputes arising under case law, statutory law, and all other laws including, but not limited to, all contract, tort, and property disputes, will he subject to binding arbitration in accord with this agreement. Borrower agrees that Borrower shall not have the right to participate as a representative or a member of any class of claimants pertaining to any claim arising front or relating to this Agreement. The parties agree and understand that the arbitrator shall have all powers provided by law and cite Agreement. These powers shall include all legal and equitable remedies, including, but not limited to, money damages, declaratory relief, and injunctive relief. Notwithstanding anything hereunto the contrary, Lender retains all option to use judicial or non-judicial relief to enforce it security agreelltent relating to the collateral secured in a transaction underlying this arbitration agreement, to enforce the monetary obligation or to foreclose on the collateral. Such judicial relief would take the form of a lawsuit. The institution and maintenance of an action for judicial relief in a court to foreclose upon any collateral, to obtain a monetary judgment or to enforce the security agreement, shall not constitute a waiver of the right of any party to compel arbitration retarding any other dispute or remedy subject to arbitration in this Agreement, including the filing of a counterclaim in a suit brought by Lender pursuant to this provision. 10. WAIVERS 1 and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require cite Note Holder to demand payment of amounts due- "Notice of dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. I E SECURED NOTE In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects tine Note Holder from possible losses which might result if 1 do not keep the promises which Intake in this Note. That Security Instrument describes how and under what conditions i may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described a • follows: Transfer o the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a hcneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all suits secured by this Security Instrument. However, this option shall not he exercised by Lender if exercise is prohibited by fedcral law A$ of the date of this Security Instrument. If Lender exercises this option, Lender shall,gkvc Borrower notice of acceleration. The notice shall provide a period of not less than 30 days front cite ;date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 12. BALLOON PAYMENT DISCLOSURE [Complete the balloon payment notice below if this Note provides for a balloon payment at Section 3(A) on page 1 of this Note.] THIS LOAN IS PAYABLE IN FULL .......... X/A ...................... ........................ ............................ ENTIRE PRINCH'AL BALANCE*OF,THE LOAN AND UNPAID INTEREST THEN DUE, WHICH MUST REPAY HE LARGE PAYMENT. THE LENDER IS UNDER NO OBLIGATION TO REFINANCE THE LOAN AT THAT TIME. i WILL, THEREFORE, BE REQUIRED TO MAKE PAYMENT OUT OF OTHER ASSETS THAT I MAY OWN, OR 1 WILL HAVE TO FIND A LENDER, WHICH MAY BE THE LENDER I "AVE THIS LOAN WITH, WILLING TO LEND ME THE MONEY. IF I REFINANCE THIS LOAN AT MATURITY, I MAY HAVE TO PAY SOME OR ALL OF THE CLOSING COSTS NORMALLY ASSOCIATED WITH A NEW LOAN EVEN IF I OBTAIN REFINANCING FROM THE SAME LENDER. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. t? .(Seal) Rose E. BreQhm aka Rose E. Setchell a...w.. .A7. . ..!-'^ " ..FJ =••- ...........................................(Seal) `James Brehm Jr -Bor.ow.r ......................................................... (Seal) (Sign Original Only] Bw -- S---. 1--, St- C$-d, MN F.,m GT-MPFAN-LAZ 10/21/88 GT-15-00-092 11 Ol98) (page 2 of 2) EXHIBIT ` " . ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE July 16, 2008 ROSE E. BREHM JAMES BREHM, JR. A/K/A ROSE E. SETCHELL 212 PONDEROSA ROAD 212 PONDEROSA ROAD CARLISLE, PA 17013 CARLISLE, PA 17013 ROSE E. BREHM A/K/A ROSE E. SETCHELL 243 W. COLUMIBA ROAD APT. 5 ENOLA, PA 17025-2257 JAMES BREHM, JR. 243 W. COLUMIBA ROAD APT. 5 ENOLA, PA 17025-2257 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on our home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM HEMAP may be able to help to save your home. This Notice explains- how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling_Agencv The name address and hone number of Consumer Credit Counselin Agencies serving our Count are listed at the end of this Notice. If you have an questions, you may call the Pennsylvania Housin Finance Agency toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. IS NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. STATEMENTS OF POLICY HOMEOWNER'S NAME(S): ROSE E. SETCHELL PROPERTY ADDRESS: 212 PONDEROSA ROAD, CARLISLE, PA 17015 LOAN ACCT. NO.: 88211906 ORIGINAL LENDER: GREEN TREE CONSUMER DISCOUNT COMPANY CURRENT LENDERISERVICER: GREEN TREE CONSUMER DISCOUNT COMPANY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on you mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Agency of its decision on you application. NOTE; IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT- The MORTGAGE debt held by the above lender on your property located at 212 PONDEROSA ROAD, CARLISLE, PA 17015 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due from January 15, 2008 through July 15, 2008 at $784.82 per month. Monthly Payments Plus Late Charges Accrued: $8,560.76 Property Taxes: 5,129.61 Misc. Fees: 451.67 NSF Fees: 20.00 Property Inspections: 37.25 Suspense: ($0.00) TOTAL AMOUNT TO CURE DEFAULT $14,199.29 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $14,199.29 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cashier's check, certified check or money order made payable and sent to: Green Tree Consumer Discount Company, 7360 South Kyrene Road, T-213, Tempe, AZ 85283. Contact: Elizabeth Lopez You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable) N/A IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage property. IF THE MORTGAGE IS FORECLOSED UPON- The mortgage property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to nay attorney's fees. OTHER LENDER REMEDIES- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale You may do so paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by pgrformin any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE- It is estimated that the earliest date that such a Sheriff's Sale of the mortgage 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 be by contacting the lender. HOW TO CONTACT THE LENDER- Name: Green Tree Consumer Discount Company Address: 7360 South Kyrene Road City & State: T-213, Tempe, AZ 85283 Contact name: Elizabeth Lopez Tel.: IA80-333-6000 ext. 35289 EFFECT OF SHERIFF'S SALE- You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE- You _ may or XX_ may not (check one) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale 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 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 RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED. Very truly yours, Gregory Javardian ATTORNEY FOR LENDER I IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. CUMBERLAND COUNTY Acorn Housing 14 S. 13th Street Harrisburg, PA 17104 717.213.0150 Adams County Interfaith Housing Authority 40 E High Street Gettysburg, PA 17325 717.334.1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 a VERIFICATION The undersigned hereby states that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief The undersigned understands that the statements therein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. Green Tree Consumer Discount Company Pl> cz? M K. w Pjl -?;t7T 41 04 c5m 0 LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 11T FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY vs. ROSE E. BREHM A/K/A ROSE E. SETCHELL JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM No.: 08-5441 MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, by its attorney, Gregory Javardian, Esquire and moves this Honorable Court to permit Plaintiff to obtain Alternative Service and seek an Order permitting service to be effectuated upon the Defendant, JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM, by posting a copy of the Complaint and all subsequent pleadings upon the property located at 212 PONDEROSA ROAD, CARLISLE, PA 17015, and by regular and certified mail pursuant to Pennsylvania Rule of Civil Procedure 430 and avers support thereof: 1. Plaintiff filed a Civil Action Complaint against Defendants on SEPTEMBER 12, 2008. 2. The Defendants are the owners and mortgagors of the property 212 PONDEROSA ROAD, CARLISLE, PA 17015. 3. Plaintiff, GREEN TREE CONSUMER DISCOUNT COMPANY, is the Mortgagee on said property. 4. Plaintiff has attempted to effectuate service of the Civil Action Complaint pursuant to Pennsylvania Rule of Civil Procedure 430 upon the Defendants, JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM at the property known as 212 PONDEROSA ROAD, CARLISLE, PA 17015 which was returned "Not Found". The property is vacant and for sale. Service was also attempted at an alternate address of 243 W. Columbia Road, Apt. 5, Enola, PA 17025, which was returned not found. Rose Brehm indicated she has not seen the Defendant in 3 years. 5. A copy of the Sheriff's return of service is attached and made a part hereof and marked as Exhibit "A". 6. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendants including the following: A. A process server contacted Directory Assistance and examined local internet telephone directories which indicated there is no listing for the Defendants in or around the Enola Area. B. Postmaster letter returns indicate the property is vacant and no change of address has been submitted. A Postmaster letter from the alternate address of 243 W. Columbia Road, Apt.-5, Enola, PA indicates good as addressed. C. A Process server examined local tax records and found the bill is mailed to the property. D. A process server examined Voter Registration records and found no listing for the Defendant. E. All addresses given have been attempted for service for the Complaint in Mortgage Foreclosure on Defendant. 7. Pennsylvania Rule of Civil Procedures 430 permits service of process in Mortgage Foreclosure Actions by regular and certified mail to Defendant's last known address. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM, by posting a copy of the Civil Action Complaint and all subsequent pleadings on the property known as 212 PONDEROSA ROAD, CARLISLE, PA 17015, and by regular and certified mail, return receipt requested. Law Offices of Gregory Javardian ARDIAN 55669 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05441 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS BREHM ROSE E 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 BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT NOT FOUND , as to BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM, 243 W COLUMBIA ROAD APT 5 ENOLA, PA 17025 ROSE HAS NOT SEEN DEFENDANT IN 3 YEARS. SHE SAID THAT THR PROPERTY ON PONDEROSA ROAD WAS SOLD. Sheriff's Costs: So answers:„-r Docketing 6.00 Service .00 _ Tom' Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 00 21.00 Sworn and Subscribed to before me this day of 00/00/0000 A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05441 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS BREHM ROSE E 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 BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT BREHM JR AKA JAMES IRVIN BREHM, 212 PONDEROSA ROAD NOT FOUND , as to BREHM JAMES JR AKA JAMES I CARLISLE, PA 17015 PROPERTY IS VACANT AND FOR SALE. Sheriff's Costs: Docketing Service Not Found Surcharge So answers- ,. 1 6.00 .00 5.00 R. Thomas aline 10.00 Sheriff of Cumberland County GREGORY JAVARDIAN 09/23/2008 Sworn and Subscribed to before me this day of A.D. , LARRY DEL VECCHIO PROCESS SERVER FOR GREGORY JAVARDIAN, ESQUIRE P.O. BOX 344 CHALFONT, PA 18914 (215) 491-4469 (215) 491-4473 FAX Green Tree Consumer Discount Company COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. ROSE E. SETCHELL a/k/a ROSE BREHM JAMES BREHM NO. LAST KNOWN ADDRESS: 243 W. Columbia Rd, Apt. 5, Enola, PA 17025 AFFIDAVIT OF GOOD FAITH EFFORT TO LOCATE DEFENDANT (S) I hereby certify that on June 18, 2008, a good faith effort was made to discover the correct address of said defendant (s), by: 1. Inquiry of Postal authority; Postal Authority stated the defendants are good as addressed at last known address, 243 W. Columbia Rd. 2. Examination of local telephone directories, 411 assistance and Internet records; There is no listing for the defendants in or around the Enola area 3. Neighbor Contacts: Marie Martin, 243 W. Columbia Rd, (717) 695-3604: disconnected Jack Deibler, 243 W. Columbia Rd, Apt. 1, (717) 732-7144: disconnected 4. Tax Information: Tax office mails bill to property, 212 Ponderosa Rd. 5. Death Records: Social Security has no death record for the defendants under their SSN's 6. Voter Registration: Defendants are not registered I certify that this information is true and correct to the best of my knowledge, information and belief. BY: NOTARY PUBLIC: Sworn to and described before me this 3y-CL_ day Larry Del Vecchio, Process Server of Q 2008 NOTARl L SE L { TIWA E. POMR, NOU'*'y <. Twp.. EWW CO, ".: t011 ;es Pb'yet ;7 LARRY DEL VECCHIO PROCESS SERVER FOR LAW OFFICES OF GREGORY JAVARDIAN P.O. BOX 344, CHALFONT, PA 18914, (215) 491-4469.FAX (215) 491-4473 Postmaster Enola, PA 17025 June 18, 2008 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following Name: James Brehm Address: 243 W Columbia Rd, Apt-5 Enola, PA 17025 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44 a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for Law Offices of Gregory Javardian, (Rule 400. Lb) 3. The names of all known parties to this litigation: Green Tree CDC et al vs Rose E Setchell, a/k/a Rose E Brehm and James Brehm 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: Not yet assigned 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIG ION. P.O. Box 344 LARR EL VECC Chalfont, PA 18914 For L Offices of Greg dian rOK 1HE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE. NEW ADDRESS OR BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS : POSTMARK 000 h5 "n"--0 ->? LARRY DEL VECCHIO PROCESS SERVER FOR LAW OFFICES OF GREGORY JAVARDIAN P.O. BOX 344, CHALFONT, PA 18914, (215) 4914469.FAX (215) 491-4473 Postmaster Carlisle, PA 17015 June 18, 2008 REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION NEEDED FOR SERVICE OF LEGAL PROCESS Please furnish the new address or the name and street address (if a boxholder) for the following Name: James Brehm Address: 212 Ponderosa Rd Carlisle, PA 17015 The following information is provided in accordance with 39 CFR 265.6(d) (4) (ii). There is no fee for providing boxholder information. The fee providing change of address information is waived in accordance with 39 CFR 265.6 (d) (1) and (2) and corresponding Administrative Support Manual 352.44 a and b. 1. Capacity of requester: Process Server 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting Pro Se- except a corporation acting Pro Se must cite statute: Process Server for Law Offices of Gregory Javardian, (Rule 400.1.1b) 3. The names of all known parties to this litigation: Green Tree CDC et al vs Rose E Setchell, a/k/a Rose E Brehm and James Brehm 4. The court in which the case has been or will be heard: Cumberland County, PA, Court of Common Pleas 5. The docket or other identifying number if one has been assigned: Not yet assigned 6. The capacity in which this individual is to be served: Defendant(s) THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000.00 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I CERTIFY THAT THE ABOVE. INFORMATION IS TRUE AND THAT THE ADDRESS INFORMATION IS NEEDED AND WILL BE USED SOLELY FOR SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION. J i P.O. Box 344 L EL VECCHI Chalfont, PA 18914 For w OO of Grego ardian FOR THE POST OFFICE USE ONLY NO CHANGE OF ADDRESS ORDER ON FILE. NEW ADDRESS (R BOXHOLDER'S NAME AND PHYSICAL STREET ADDRESS : POSTMARK LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1 ST FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY VS. ROSE E. BREHM A/K/A ROSE E. SETCHELL JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM No.: 08-5441 VERIFICATION COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF BUCKS: I, Gregory Javardian, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, information and belief and understands that the statements therein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Aoav ian, Esquire LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY VS. ROSE E. BREHM A/K/A ROSE E. SETCHELL JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM CUMBERLAND COUNTY No.: 08-5441 CERTIFICATE OF SERVICE I, Gregory Javardian, Esquire, counsel for the Plaintiff, hereby certify that a copy of the foregoing Motion for Alternative Service was served on the following persons by first class mail, postage prepaid, on this 3RD day of OCTOBER, 2008. JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM 212 PONDEROSA ROAD CARLISLE, PA 17015 JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM 243 W. COLUMBIA ROAD APT. 5 ENOLA, PA 17025 Gr o avard' , Esquire Di 55669 ("? rv eH?. ?? -? u ,?_y ?..? ?=; z .,_ ?? _; ate: r,;: --,c SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05441 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS BREHM ROSE E 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 BREHM ROSE E AKA ROSE E SETCHELL but was unable to locate Her in his bailiwick. COMPLAINT - MORT FORE He therefore returns the the within named DEFENDANT SETCHELL 212 PONDEROSA ROAD NOT FOUND , as to BREHM ROSE E AKA ROSE E CARLISLE, PA 17015 PROPERTY IS VACANT AND FOR SALE. Sheriff's Costs: Docketing Service Not Found Surcharge 10/1) 1/07 9. ? So answer 18.00 5.00 5.00 R. Thom i 's Kline 10.00 Sheriff of Cumberland County 38.00 GREGORY JAVARDIAN 09/23/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05441 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS BREHM ROSE E 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 BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM, 212 PONDEROSA ROAD CARLISLE, PA 17015 PROPERTY IS VACANT AND FOR SALE. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 1o169?pg f/ 21.00 So answer- -? R. Thomas Kline Sheriff of Cumberland County GREGORY JAVARDIAN 09/23/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05441 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS BREHM ROSE E 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 BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM, 243 W COLUMBIA ROAD APT 5 ENOLA, PA 17025 ROSE HAS NOT SEEN DEFENDANT IN 3 YEARS. SHE SAID THAT THE PROPERTY ON PONDEROSA ROAD WAS SOLD. Sheriff's Costs: So answers ;,,,-. Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County 21.00/n o?10 U0/00/0000 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS BREHM ROSE E ET AL TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon nn'm'um nncv V aua VnQP T: GF.T('T4FT,T, the DEFENDANT , at 2105:00 HOURS, on the 17th day of September, 2008 at 243 W COLUMBIA ROAD APT 5 ENOLA, PA 17025 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge ID ?D'1 f p Y 4`" So Answers: 6.00 15.00 . 00 10.00 R. Thomas Kline .00 31.00 09/23/2008 GREGORY JAVARDIAN Sworn and Subscibed to before me this of By: day Deputy Sheriff A.D. OCT o 7 zooeC? q LAW OFFICES OF GREGORY JAVARDIAN By: GREGORY JAVARDIAN, ESQUIRE IDENTIFICATION NO. 55669 1310 INDUSTRIAL BOULEVARD ,IT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 GREEN TREE CONSUMER DISCOUNT COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY VS. No.: 08-5441 ROSE E. BREHM A/K/A ROSE E. SETCHELL JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the court by Gregory Javardian, Esquire, attorney for Plaintiff, upon Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleadings submitted in connection with this matter, and for good cause shown: IT IS on this q' day of prhi?w , 2008, ORDERED that the Motion for Alternative Service by service of the Complaint in Mortgage Foreclosure by posting the premises, 212 PONDEROSA ROAD, CARLISLE, PA 17015 and by regular and certified mail to the Defendant, JAMES BREHM, JR. A/K/A JAMES I. BREHM, JR., A/K/A JAMES IRVIN BREHM's, last known address, is hereby GRANTED. -+ r ? d r \„j 4 THE LAW OFFICES OF GREGORY JAVARDIAN BY: GREGORY JAVARDIAN Attorney Id No. 55669 1310 Industrial Boulevard 1St Floor, Suite 101 Southampton, PA 18966 (215) 942-9690 Attorney for Plaintiff GREEN TREE CONSUMER DISCOUNT IN THE COURT OF COMMON PLEAS COMPANY CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs. ROSE E. BREHM A/K/A ROSE E. SETCHELL JAMES BREHM, JR. A/K/A JAMES I BREHM, JR., A/KJA JAMES IRVIN BREHM Defendants CIVIL ACTION- LAW NO. 08-5441 PRAECIPE TO REINSTATE COMPLAINT TO THE COURT: Kindly Reinstate the Complaint in Mortgage Foreclosure for an Additional thirty (30) days. Dated: October 14, 2008 v ian, Esquire BY P?101ndusl, v i 1 Boulevard 1 St Floor, S to 101 Southampton, PA 18966 CA) -- SHERIFF'S RETURN - REGULAR CASE NO: 2008-05441 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GREEN TREE CONSUMER DISCOUNT VS BREHM ROSE E ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BREHM JAMES JR AKA JAMES I BREHM JR AKA JAMES IRVIN BREHM the DEFENDANT , at 1818:00 HOURS, on the 21st day of October , 2008 at 212 PONDEROSA ROAD CARLISLE, PA 17015 by handing to PROPERTY POSTED PER COURT ORDER AT 212 PONDEROSA ROAD 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 7.00 Posting 6.00 Surcharge 10.00 ?c/a p/a, .00 ? 41.00 Sworn and Subscibed to before me this day of So Answers: X16 R. Thomas Kline 10/22/2008 GREGORY JAVARDIAN gy. Depu S eriff A.D. LAW OFFICES OF GREGORY JAVARDIAN GREGORY JAVARDIAN, ESQUIRE ID No. 55669 All 1 OCT ! j PH 1; v 3 MARY F. KENNEDY, ESQUIRE ID No. 77149 ?_I°SRLAPVD COUNTY MEGHAN K. BOYLE, ESQUIRE ID No. 201661 BERLA D COUNTY 13 INDUSTRIAL BOULEVARD 1sT FLOOR, SUITE 101 SOUTHAMPTON, PA 18966 (215) 942-9690 ATTORNEY FOR PLAINTIFF Green Tree Consumer Discount Company Court Of Common Pleas Plaintiff Civil Division vs. Cumberland County Rose E. Brehm a/k/a Rose E. Setchell James Brehm, Jr. a/k/a James I. Brehm, Jr. No. 08-5441 a/k/a James Irvin Brehm Defendants PRAECIPE TO DISMISS COMPLAINT WITHOUT PREJUDICE TO THE PROTHONOTARY: Kindly DISMISS, without prejudice, the Complaint in Mortgage Foreclosure filed in the instant action on or about September 12, 2008. Date: 10/7/11 F?/Greg ry Javardian, quire ID No. 55669 ?Mary F. Kennedy, Esquire ID No. 77149 ?Meghan K. Boyle, Esquire ID No. 201661 Attorneys for Plaintiff