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HomeMy WebLinkAbout11-7285y SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham 8 Penns Way Road Mechanicsburg, PA 17050 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 DEFENDANTS 7844' J r COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: --1 a g S Ct V 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 THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. S. a,M? s G a 00 Qd ak? Q alltgrv 3 ' T Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O 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 PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 • r SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: VS. Dang Brian Pham a/k/a Brian Dang Pham 8 Penns Way Road Mechanicsburg, PA 17050 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, the address of which is, c/o OneWest Bank, FSB, 888 E. Walnut Street, Pasadena, California 91101, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Casa Blanca Mortgage dba Shearson Mortgage Mortgagor(s): Dang Brian Pham (b) Date of Mortgage: June 15, 2006 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1958, Page 1472 Date: July 12, 2006 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Casa Blanca Mortgage dba Shearson Mortgage Assignee: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 The Assignment is in the process of being formalized. 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 operation of law. 3. The real property which is subject to the Mortgage is generally known as 8 Penns Way Road, Mechanicsburg, PA 17050 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The names and mailing addresses of the Defendants are: Dang Brian Pham a/k/a Brian Dang Pham, 8 Penns Way Road, Mechanicsburg, PA 17050 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. The United States of America (USA) is named as a Defendant by virtue of a judgment, lien or other interest it may have in the Mortgaged Premises. A copy of the judgment, lien or other interest, or a copy of a document setting forth the USA's interest is attached and incorporated as Exhibit "C". 8. 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 March 1, 2011 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. 9. The following amounts are due as of September 15, 2011: Principal Balance Due $690,491.42 Interest Currently Due and Owing at a variable rate $16,097.71 From February 1, 2011 through September 15, 2011 Late Charges $310.10 TOTAL $706,899.23 10. Interest accrues at a variable rate and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 11. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 12. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P. S. § 1680.402c, et seg., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Copies of the material part of the Notice are attached hereto as Exhibit "D" in accordance with Pa.R.C.P. 1019(1). 13. Pursuant Pa.R.C.P. 1019(d), the Notice sent to the Defendant(s) contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. § 403 et seq., and separate Notice of Intention to Foreclose is not required. 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 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Date: U SHAPIRO & DeNARDO, LLC BY: Attorneys for Plaintiff S & D File No. 11-039902 o0v JUL 12 RM 10 17 Cc.. This Instrumem 1Pmpuvd By.. CASA BLANCA MORTGAGE, INC. 2T7OQ OXNARD STREET, SUITE 600 WOODLAND HILLS, CALIFORNIA 91 367 Requested by and Return to: Title Stream 615 E. State Hwy 121, Suite 330 6SO SHEARSON MORTGAGE Copp*% TX 75019 ? " C ' 92367 Attn: RECORDING 1 Uoftto Parcel Identifier Number: 38-07- 0461-052 Properly Address: 8 PENNS WAY RD. MECHANICSBURG, PENNSYLVANIA 17050 [Space Above This Ur* For R+acm Ing Data] MORTGAGE MIN. DEFIM ONS Words need W multiple sections of this document are defined below and other words are deiiued iu Set:tlons 3, 11. 13, 18, 20 and 21. Certain rules regarding the usage of words used to this document are also provided in Sec4ton 16. (A) "$GClrrity Irain®ent" means !iris domment, which 1a dated JUNE 15, 2006 together with all [ciders to this document, (4) "Borrume Is DANG BRIAN PKAM Borrower 1s the mnr%agor under this Security Instrument. (C) "MERE` Is Mor" Meco onlc Registration Systems. Inc. MGRS is a separate ewporadon that is acting solely as a nominee for Lender and Lender's successors and assigns. AUM k the martgag under bills Security imtrrmsant. MGRS is owAlxed ad wftftg ender the laws of Delaware, and has as address and telepboU number of P.U. Box 2026. Flint, MI 48801.2026, tel. (888) 679-MGRS. Borrmver laftws: PENNSYLVANIA- Family DoemwedpwIm emsra.raez Fanner Maolfneft c UNIFORM INSTRUMENT - HERS tVWW.db="q*.epp Form 3039 01101 Page 1 01 17 SQL l 958PG 1472 Q "Lender" Is CASA BLANCA MORTGAGE, INC. DBA SHEARSON MORTGAGE, Leaderlso CALIFORNIA CORPORATION organized and a 16ft tinder the lama of CALIFORNIA Lander`oadtinssis 21700 OXNARD STREET, SUITE 600, WOODLAND FALLS, CALIFORNIA 91367 (E) "Node" means the promissory note signed by Borrower and dated JUICE 15, 2006 The Note states that Borrower owes Lender SIX HUNDRED FIFTY THOUSAND AND 00/100 Dollars (U.S. $ 650,000,00 ) plus interest., Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fnli not later than JULY 1, 2036 (F) " Ptaperty" mesas the property that is described below under the (reading "'Tra wfer of Rigbus to the Pmprly, - (G) "Loan" means the debt evidenced by the Note, plus interest, aqy prepayment charges and late charges due under the Note, add all sums due dadsr this Security bastremnent, phis interest. (H) "Riders" means an Riders to d ds Security bmmune w that are executed by Borrower. The fotirwimg hiders are to be executed by Borrower {check box as applicable]: ® Adjustable Rate Rider Planned Unit Development Rider * Balloon Rider Siweehly Payment hider (-) 1-4 Family Ritter 0 Second Home Rider p Coadomiaium Rider C Other(s) (specify] (n "AppHrable Law" means all controllittg applicable Coda, state and ioeai statutes, regulations, ordinances ared administrative rnleg and orders (that have the offset of lava) as wall as all applicable flue(, Wort-appealable judicial opinions. Q) "Coammaadty Assodatiau Dues, Fees, and Agents" meats all dues. fees, assewmts alai other charges that are Imposed on Borrower or the Property by a condominium assocteiiam, homeowners association or similar organization. (K) "Riet:Oro>nia Funds Trauafer" means any transfer of funds, other dram a transutton originated by check, draft, or stagiar pVw instrument. which is initiated through an ethic terminal, telephonic iastrnment, compuirx, or magnetic We so as to order, instruct, or authorise a &&& al insfBagon to debtt or credit an aocoeat. Such tens includes, but is not limited to. point-of sate transfers, automated teller ma"e traosacliaas, transfers irrltiated by telephoare, wire trausfm, and automated cleariughwase tratWers. (L) "F.acruw Items" means those items that are described in Section 3. (K INIkeenums Procaads" means any eompensatian, settlement, award of damages. or proeee ds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (Q damage to, or Borsnaver I.dtiats:.,_ KNNSY V IAra- _ 00-0"&raat F3039 ' ?rdeC UNI&M VATRUWNT - VIERS y„?w Page 2 of 17 BK 1958PG 1473 destruction of, the Propcsiy; (it) eaudemudon or other taittag of all or any part of go pro". (go comeymce is lien of coademaation. or (tv) rabre nsmmtions of, or ombd ms as to, the vahte aral/or condWon of the Property. (N) "MovVW lnsusaot:e" means Iawamce protecting Lewder Mast the nunpaymemt of, or tl bsk on, the Loss, (O) Varin& riayment" mass the regularly scheduled amount due for () principal and interest under the Ne6e, plus (it) any vamts ender Section 3 of this Security dmtrument. (F) "TtMA" means the Real FAwe Setthmenr Procedures Act (1Z U.S.C. §2601 et seq.) and its itrtplementtag mplttioo, Raphtton X (24 C.F.R. Part 3500), as they mutt be amended from time to time, or any adtli Oew or s "RFSPA' refers to au uccessor I%Wattm or regulation tbat governs the same subject matter. As used In tads Security h unmet, even the Loan does malrements and c ons than am imposed to regud to a lederal(y related mortgage toad' guaUfy as a "federally muted mortgage loan" under RMPA. (Q) "5accemw is Interest of Dors+ow* mess my party dW has taken title to the Property, whether or not that party has assumed Borrower's oblip ions under the Note andlor tits Security Wtrttment. TRANSFER OF RIGHTS IN THE PROPERTY 7711$ Security butrutamtt secures to Leader: (0 the repayment of the Lou, and al renewals, ex gagoas and modifications of the Note; and (10 the Per&rm nce of Borrower's covesanta and rgseemeats Hader this Sec arSy Iastraaseot and the Note. Far dtls purpose. Borrower does hereby UWIVage. giant and convey to MW (solely as ma ulnee for leader and Lender's sucemors and assigns) and to the summ m and as dps of MFRS the folduwing described property located to the COUNTY of CUMBERLA14D lrypa of Tlaads.S.Ta+b kvml (NAM of Recardit jurbdku* SEE LEGAL DESCRIPTIC N AT,CAC4ED i ll} AND MpZE A PApT 1ERE01' AS EKMIT "A". A.P.N.: 39-07-0461-052 which currently Sac the address of 8 PENNS WAY RD. (Bases) MECHANICSSURG Peatsytvanla 17 050 ("PropeYty Address"): f0tyl (Ztp Cods) TOGETHER wrm alt the tmprowments Dow or hereafter erected on the prepeM, and aU easements. aPpurlenauces, and fixtures now or bereaEter a part of the property. All replacemso and additions shall also be covered by this Security Insirmaent. All of the foregoing is mt&v d to in this seaffity b tr mmt as the -P Borrower uadeMadds and agrees that MFRS beads only legal tide to the iatetesta pusted by Borrower in thin Sem0ty lastr went, but, if necessary to comply with law or mstom. KM (as normbm for Leader and Lender's RKTOSSM and assigns) has the right to exercise any or all of those iukrem. hrc a ft, but aat Hmited to. the dot to foreclose Sorsawer Ladd s: -_ A r ^ 1y^ - -- amnia M"ffro"s h4w Uf?ItFOm INSTRUMENT - MFRS vra I?anaer aao.ws.x.6r Form 3039 o7/ot Page 3 of 17 "M+d ?rr?ieoar» 8K 1958PG 1474 and yell the Property; and to take any action required of Lender including, but not limited to, releasing am canceling this Security Itatrma nt. BORROWER COVENANTS that Bormwer is itwAalty seised of the estate hereby convgW and has the right to mar , grant and convey the Property and that the property is unwed, axopt for encumbrances of record. Borrower warrants and will defend generally the We to the property agalast all claims and demands, subject to any encumbrances of record. THIS SECURM 1NSTRUA&IWr combleas uniform covenants for national taro and oon-a rm covenants with limited variations by,uuisdietion to caustitate a uniform secarlty hat'oment covering real property. UNIFORM CCYVENANTS. Borrower and Leader corvenaat and agree as follows. I. payment of Pirmcilw. Interest, Ftmuw hems. Preprymaat Cbagea, and Lame cam, Borrower" pay when due the principal of, and interest on, the debt evidenced by the Nom and any prepayment charges and hue charges due under the Note. Borrower shall alto pay f'imds for Escrow Items pursuant oo Section 3. Payments doe under the Note and this Security Instrument shall be made In U.S. currency. However, If any check or other instrument rived by Leader as payment under the Note or tots Security Instrument is returned to Lender unpaid. Lender may require that any or all subsequent payments doe ender the Note and this Sew n* bmtromaut be made in one or more of the following forms, as selected by Lander: (a) cash: (b) money order; (c) card fled check, bank check, treasurer's check or cashier's cheek. provided any such check is drawn upon an iasdtadon whose deposits are i mood by a federal agency, instrumentality, or entity: or (d) ElectroBic Funds Transfer- Payments are deemed received by bender when received at the WWen designated In the Note or at such other location as may be destaated by Lander to accordance who the anti m provlsim In Section 1S. Leader may return any payment or partial payment if the paymam or partial payments are fuaaf[tdeat to brit the Lou correct. Lender may accept any payment or partial payment Wx0dent to bring the Loan current. w tdnxtt waiver of aay rights bereunder or prgwH& to its riot to rdese sad payment or paMal payments is the future, but Lender is not obligated to apply stub payments at the true such payments are accepbod. N each Periodic Pgmeat is applied as of its scheduled due date, then Leader need not pay towvst on arwpphed funds. Leader may hold seek moppW funds until Botsawer maltea paytmeat to ring the Loan torrent. If Bortower does not do so witldn a mama" period of time. Lender stall eber apply such fiords or return them to Borrower. If not ap!poed earWx, such Arabs will be applied to the out principal balan under the Note Immediately prior to foreclosure. No o6'aet or claim which Borrower might have now or in the fatore agaimt Lender shall relieve Borrower from making payments due under the Note and ffib Secmity Instrument or performing the covenants and agreataeats setered by this Seemlty Instrument. 2. Applkatlou of Payments or Proceeds. Except es otherwise described in this Section 2, all payments accepted and applied by Lender snail he applied in the following order of psier;ity: (a) interest due under the Note; (b) principal doe under the Note: (c) amounts due under Secaioa 3. Such payments shall be applied to each Periodic Payment In the order In which It became due. Any remaining amounts stall be applied first to We chaVes, aeconth to any other antom is dace under this Security Insuument, ad than to radiate the principal bahmce of the Note. If Leader receives a payment from Borrower for a de*uent Periodic Payment which indudes a satBdent amaamt to pay my We charge due, the payment may be applied to the delingncut payment and the late charge. If more than one Periodic Payment Is outstmsdiug, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and tD the extent that, each payment can be paid in W. To the extent that any exoeas exists afitar the payment is applied to the fall payment of one or more Pesiodic Payments, such excess may nocrawiw wuats- utetW-Meal P=S 5r%svt vww-5tNfac h arty N-RM INSTRUMENT . MFRS mok. mf = r Form 3039 09/01 Page 4 of 17 8K 1958PG i 4 75 be applied to any hate charges due. Valuntsry prepayaaents shall be applied JIM to any prepayment charges and then as described in the Note. Any a Uclitton of payatasts. instuamce proceeds, or Mb milamous Pmceeds to principal due under the Note shall not extend or ptalatpone the due date, or cheap the atnatmt, of the periodic payments. 3. puods for gun* Items, Borrower shall pay to Lender on the day Periodic Payments are due under the Note. until the Note is paid in full, a sum (the "Funk") to provlde for paymat of amounts doe for; (a) taxes and se to and other Items which cm autdn priori(y over this Six AdW loserummt as a It= or ememmbrance on the PrP"; (b) leaaahold payant M or ground rents on the Property, if any, (e) premitams for any mad all insarmame regnired by Lender under Seed= S: and (4) Mortgage lolpmw= p mniums, If say, or any assns payable by Borrower to Lender to Lim of the payment of Mortgage Insurance prey uno in accardtnoae with the prWishoas of Section 10. These items are called "Escrow Item," At orlgitud tt or at say time darke the term of the Loan, Lender may require that Community Ammmon Dues, Fees, and Amsemmeuts, If any. be sscrnwed by Bomawer, mad such does, fees and assessments shall be as Eaxmw Item. Borrower shalt prompldy Rm dsh to Leader ail BOOM of amounts to be paid under this Section. Borrower shall pay Lender the Funds fur E=ow Items molems Lender waives Borrower's abiigatim to pay the Funds for any or all Escrow Items. Leader Mty waive Borrower's oWig dw to pay to Lender Ftmtds forany or al! 8scrow Items at any time. Any surly waiver may only be to writing. In the evemt of such waiver, Borrower sisal" pay directly, when and where payable, the ammats due for any +Ek-row Item for which ptrymeast of Funds has been waived by Lender and, If Leader regWm, shaU fmtraiab to Lender receipts tavWencing mch payaaemt within such tWne period as Lender may regmim, Borrower's obligation to make such payments and tb pr#W& receipts shall for ail purposes be dntaoed to be a coveaw and mgreememt cones ad in film Security pmt, as the phm m "covenant mad 4%ftmeat" is used in Section Q. If Borrower is oWt u*d to pay Escrow jinx directly, puamuaat to a waiver, and Borrower falls to pay the amount due ter an F,acraw Item, Leader may WWd= its rip, under Section 9 and pay such amount sand BmTwAer shall then be obiigmtW under Section a to reply to Ltntder any arch amount. Lender may revoke the waiver as to any or alt Escrow Items at any time by it notice given in aceordama a with Secdon 15 atad, tupran Mach revocation, Borrower shed pay to Leader all Fowls, and to snob amounts, that ace then required under this Section 3. Leader may. at any time, collect ad hold Funds to can aamonnt (a) sufficient to permit Lender to apply the Funds at the Was specified tattler RESPA. and (b) not to exceed the nsaxtao®amount a leader cm require and, RmpA. LerAer shush estimle the amount of Funds due on the basis of current data and reasonable estimates of expendtaorea of fahme Escrow Items or otherwise In moeOOmace with Apps cW* Law. The Patuk shalt be held in as tastitatloa whose dgwdim an insured by a federal agency, bomanenaeuty, or entity (including Leader, if Lender is an wtitution whose depeahIS WC $o WmrO4 or 10 any Federal Mme Loan Bank. Leader shalt apply the Funds to pay the Escoow "tan aao later than Me throe specified under RESPA. Lender shell not charge Borrower for holding and applying rise Funds, mmwl(y amaly*g the tasrrow aermant, or Verifying the Escrow Items, aulemm Leader pays Borrower interest on the hands and Allh UmMe Law pe mW Lender to make such a charge, Umleas as agteeateat Is wade In writing of ANda ble Law regtAres interm to be paid on the Fu", Leander shall not be re4WW to pay Borrower say tatereaf or exniega too the Funds. Borrma and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Dormwer, without charge. an annual aceome ft of the Funds aas required by RESPA. If thOm is a surplus of FUD& WM is escrow, cis defined under PMPA, Leacher aball account to Borrower for the exam funds to acCOrdWCO with RESPA, If Warts Is a aikotiage of Funds bold in escrow, as defined sander R OPA, Lender shalt notify Burs mver as required hay IiWA, and Bomma skull pay to Lender the amount, ,y to make Of the shottlVe in accordance with RESPA, but in no more than 12 aamuthip payments. If there is a deftleacy of Borrower Inttlrls- PEMNSYLVAaII .S Film Fannin MaalFnddIs IYTao U 41%W INSTRUMENT - MERg o'O6Arm%* ' 4?JBr Form 3039 01101 Page 5 of 77 `?G°A<+? OK 1958PG 1476 ftWs held In esxmw, as defined under RESPA, Lender shall no* Borrower as required by R.ESPA, and Borrower dma Pay to Leader the amount 00mWary to mane up the defldeucy in aecon imce with RESPA, but in no, more tbm 12 Mon* Paymeals- UPon Paytneat in full of 90 sums secured by this Security inshurmeat, Lender shat( promptly refund to Bmrawer any Feeds hdd by Leader. 4- Chrarga; Lieut. Borrower shall pay all taxes. assessments, charges, ante, and Wposkious &Wftb de to the Property which = attain priwtty over this SamrUy kmtrumeot, Isomboid payments or ground rent on the Property, If easy, and Commuapy Association Dues, Fees, and Assm meats, if any. To the Coed that these Reiss are Escrow Items, Borrower shall Pay them In the matmer pravlded in Section 3. Borrower shag promptly discharge arty lieu which hu priority aver this Secarlty t unless Burrower.. (a) agrees is wilting to & Paymmt of the obligation secured by the lien in a mum w acceptable to Leader, bui ugly so I m as Borrower is perfasmiag such agreement; (b) coetasis the lien in good filth by, or defends asst mfomenm t of the lien In, kW Pt's which in Leader's aphiion operate to preveatt the enforcemletNat of the lies while those proceedings are pending, but only until sack PaumedIV aft condstW; or (c) ,scares from the bolder of the lieu an agreement sattafactory to Leader subord SWq the Ilea to this Security huift fo ut. It Leader desermines that any part of the Property Is N*ct to it ilea whieb can alts priority aver ft Security Lender may give Bor mver a notice idedlfyyng the lien. Within 10 days of the date on which drat ?, Sormwer shall aml dy the lien or take one or more of the actions set forth above In this Seddon 4. Leader may require Borrower to pay a oae-dme dr V for a read estate tax verificatloa an&or reputing service used by Lender in connection with this Loan. $. Property irnsrrarree. Borrower shall keep the improvements now ex 9dag or hereafter tree on ills Property iasared agalmt ions by fire, hazards Indaded within the term "extended coverage," and any other bazards indadiag, but trot Matted to, earthquakes and floods, for whieb Leader requires bmranee. M* hm mace shall be mdafpiined in the amoams (inctudlag deductible levels) and for dw periods that tender mgtd es. What Lender 'squires Parsuam to the preoediag sentem" can change during the tam of eke Lou, The insurance rustier provfdIng the insurance shall be deosen by Bormww s *ct to Lender's right to disapprove Borrower's chohx, whisk tight shall not be exercised wtrnmemibly. Leader may require Harrower to pay. in connection with ads Lean, either: (a) a one- time charge for flood acne determina m, cerdamflon and traddag servtoes; or (b) a one-time for flood zone deteminatlon tied WdSSctition services and mbmquM dm 9% easels time reronp dW err slmdtar changes reasonably might at'fea such determination or won. BWWm shall oho be smut which any face imposed by the Federal Emergency M ?PO°k for the p loud e determhWon t Agency in cam with the revlear of any flood zone ?bjg from an qkid by Borrower. [.ender'a mad B ft to ma amy of the coverages described above, Leader may obtain wmmnm Mora $t, at option and a gmme. Leader is under no oldiption to pwdm* any parkWu type or atuount of coverage. Thersibm, such coverage serail saver Lender, but might or rrrW not prated Barrbwtr, Borro wer's equity 1n the lJroptnty, or the contents of the Prnparty, against aqy risk, haterd or ItabiBty and ad& provide gewater or tessa covettige than was previtntsdy ht effect. Borrower arJooowletlgrs tint on cost of the lnsurm coverage so obtrlned might stgidflpatty exceed the cost of im areas that Borrower could have "Ined. Any am ants disimme d toy l.e,edsr Hader this Section 5 shall betx?ast addialoaal asks of Borrower secured by this Secvdty Iasaument. These amounts shall beer ialerem at tine Note rate from the date of dtKbufsement and shall be Payable, with such interest, aeon nnttae front Lender to Burrower requesting ImYG Ail insurance policies required by Lertder and renewals of such policies shah be subject to Lender's right to drsaWove such policies, aball include a standard mortgage clause, and shah, Hama Linder as morWagm and/or as era B-mWer ImIdds: -m- PI NNSYLVANUI-3I?p Fwarn?NRyv Fannap Maa'ieaadie Maa UNIFORM INSTRUMENT - MFRS nOCi"0 m?ann +a?erararr FWm 3089 01/D1 Page 6 or 17 www dernr0imcan BK i 958PG 1477 additional Ions payee. Lender shag have the right to hold the policies amd renewal certiticatea. If Leader requirws, Borrower shall p unpdy give to Leader all recetpta of paid prewitmns and rmwal antioes. if Borrower obW= any form of insurance coverage. not otherwise required by Leader, for damage to, or destsuct}on of, the Property, swI policy shalt include a stauWard mortgage clause and shalt name Leader as mortgagee and/or as as additional loss payer. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Gender. Leader may mabe proof of Ions If not made promptly by Borrower. Unlew Lender and Borrower otberwise xFft in writing, any insmanc a proceeds, whether or not the underlying Insurance was required by Lawler, shall be applied to restoration or repair of the Property, If the restoration or repair is economically feetdhlti and Lender's security is not lessened. During such repak and restoration period, Leader shall haws die right to bald such Insurance proceeds ontil Leader has hid an opportai* to fospect such Property to easttre the woA has been coal Wed to Lender's satislhction, provided that such bq*cdoa shall W undertakea promptly, Lender may disburse proceeds for the repairs and rtestoratlion th a sigghe.payment or in a series of progress payments as Me work is oompWed. Untem an a is made is writing or Appikible Law roqulres Interest to be paid on sad isaorapcs proceeds, Leader shall got be required to pay Borrower any iutenest or earnings on such proceeds. Pees for public asi)wtera, or other third parties, remind by Borrower shall not be paid out of the insurance pioceads and shall be &e sole obtt Won of Borrower. If the restoration or repair Is not economically fetadble or Lender's security would he Unlined. the insurance proceeds shall be applied to the cams secured by tuts Security Instrument. vd edw or not then due, with the excess, Ifaey, paid to Borrower. Such insurance proceeds shall be applied In the order p aided for in Section 2. if Borrower abandons the Property, Leader may file, negotiate and settle any avail" insunosae claim and related matters. if Borrower does not respond within 30 days to a notice from Lender flat the Insurance wrier bas offered to settle a claim. then Leader niay atigotiate and settle the claim. The 30-day period will begin when the notice Is given. In either event, or If Leader acquires the Pfopaly under Section 22 or otherwise, Borrower hereby a to leader (a) Borrower's rights to any hrmrence proceeds in an annuitt not to exceed the amounts unpaid wader the Note or this Socially Imhument, and ib) say other of Borrower's rights (other than the right to any refund of uneataed premiums paid by Borrower) under all Ironraace policies covering the Property, lasofar as such rights are applicable to the coverage of the Property. Leader may use the insurance pmoeats eidw to repair or r store the Property or to pay amorous uWW under the Note or this Security I t, whether or not then dne. ti. Otmopeaey. Borrower shall ocntpy, establiah. and in the Property as Borrower's principal residence WW& 60 days after the execution of this Security Instrument and shall carrtlaae to occupy the Property as Borrower's principal residence for at least one year after the date of oc>cupamy, unless Lender odhe wbe agates in writing. which consent shall not be unreasonably withheld, or unless extenuating dramralsaces exist which are beyond Borrower's control. -7. Preservation, Mabateanum and Protection of tlhe property; Paapecdoua. Borrower shall not destroy, damage or impair the Property, allow the property to deteriorate or oommit waste on the Property. Whether or not Borrower is residing In the property, Borrower shall maintain tine Property In order to prevent rise Property from deteriorating or dtitxe dq in value due to its condWon. Unities It Is determined parsout to Section S that repair or restoration is not economically fewihle, Borrower shall promptly repair the Property If dtmagad to avoid further deterioration or dump, tf insurance or condemotion proceeds are paid in cor nection with dump to, or the taking of, the Property. Borrower elan be respoa0k for repairing or restoring the Pronely only if Leader has released proceeds for each purposes. Leader may disburse proceeds for the repairs and restoration in a single paymm or in a series of progress payments as the work Is completed. If the Insurance or condemnation proceeds acs not sufficient Borrower bddals - re-- PLNNSYLVAN1A-S family DOCKS** SDOCKS** ep?ppdoe eooa?Ptavt Fonnis Mooffrsddle Mft t31 WDW INSTRUWNT • MFRS ,w py Form 3039 01101 Page T of 17 BKI958PG1478 to repair or restore the Prapar(y, Bomwer Is eat relieved of Borrower's obligation for the conrpietlon of sorb repair or restoratlon. Lender or its "may make waxwable entria upon and inspections Oftbe pmpfft Leader may impact the intaft of the *n vemettis on the SW 9Wt y Borrower nr=GWe oticors noticeeaat t cause, of or prior to such an Interior impaction spedfijing the time 8. Borrower': Loan sub reasoaabltr cause. Appilmden. Bonnwer sh111 be in dit%dt It. during the Loan applicWon process, Borrower or any pet'sous or entities acting at the direction of Borrower or with Borrower's knowledge or coaeat gave Materially Me. misleading, or lnaccurate information or statements to Lender (or failed to provide Leader with matterlal Wforutation) In connection with the Lou. Material representation include, but are not fruited to, representations coftemaimg Bmrower a occupancy of the Property as Borrower'a principal readeace. 8. l'r'otoeelon of Lender's (nkrea in the Property and Rights Under dtlie security m*r= mt. If (a) Borrower fails to perform the covenants and agmernaam contained In this Security lasintment (b) proceeding that m*k try affect Lender's interest In the Pmpetty andlor rights ua ibis, ci a is a legal (s attain uch as a proceeding In baaln rptcy, proms, for condemnation or WORM, for en of a In a wh icsh ars m may priority fasremaat of a lte?a over ft Property, then Leader 1nrtramwrt or to enfarcz laws or raj, or {c) Bwrowtr has abrmdaned the ? Proand d may do and pay far wkatmw is reasonable or appropriate to protect Leader's htkreas in the Pefi' ! under dds Security Instrument, Judd ng pmteethtg and/or as a*q die value of die Property, and Warig and/or r+epairiyg the Property. Lender's actions can 1WIMe, but are nut limited to: (a) paying any soma lien w" ba prierhy over secure ybs fees to protect its ft Security tat tumeot; (b) appearing in court; and (c) pgft t$aonable attorney in a Property and/or' rigbrz odor ibis Security laxtmeaent. Wit tag its secured _ ?PIcy proceeding. Securing the Property Weida, but is not hinted to, entering dw Prouty to other r, lam or locks, replace or board up doers and windows. drain water firm prem. L- hdW* or dangerous code under this Section 9, L.eadeerdoes not bave to do so and I not under an or off. Al*b* Leader may t'? won Lender lmmn no llabiliy for not taddng any or all actions 8°?' d" °04 r Sobligation adao 9 to do sa. It Is agreed that Any amoum dlsharsed by Leader under this Section 9 smWictrized hall bccn=addinonat debt of Borrower secured by this Security Iastrureest. 'T'hese amounts shall beer interest at rite Note rate l3ttm the date of disbursement and aball be payable, with Bach interest, upon notice from Lender to Borrower rogaestiq payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the pmvisions of the hose. if Borrower acquires fee title to the Property, the leasehold and the fee title diall not merge unbar Grader agrees to the merger in writing. 14. A4vrtpp hwaamce. If Leader required Mortgage Imruance as a condition of W&kWg the shall pay the premium required to maintain the Mortgage insurance is effect. If, for any iem Lthe ?Mortgager Lowrance coverage required by Lender ceases to be available fram the amrtgage terarer that revious insurance and Bon aver was requited to make p >y provided sane Insurance, Borrower shall sepww? designated pqtnents toward wa the prCtadums for Mortgage pay the pivisinms required to obtain coverage aubspmEWly equivaleat to the Insurance previously in effect. at a coat subsw n&l y equivalent to as coa to Borrower of the Mortgage Mortgage cbsuranct previously in effect, tram an alternate maigage insurer seketed by Lender. It Insurance coverage Is not aveftle. Borrower shall continue to pay to Leader the ? seeequh- Mortgage parmAytd payments that were due when the h wwzace coverage conned to be M effect. Lender ail! accept, use and retain these payments as a non-refundable loss reserve in lieu f Morov inanrasce, Such lose naserve "be aoa-refundabie, nntwidstanding the fact that the Goan is uldhately Paid in fill, and header shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no loiter require toss reserve payments, if Mortgage hisnraaee Borrower runlets: ,- ?z _ pt:NWq- %tastu?-51 f ronrda MaJFraarlre Mac UNI INSTRUMENT - MFRS DSVAft#ft4VWWW 806#9 %M? Fora 3039 01101 page 8 of 17 Mdoarr#IF.p 091958PG 1479 coverage (la the amount and for the period that Leader requires) provided by an insurer aimed by Lander spelt becomes available, is obtained, and Lender requires septa* daigaated payments toward the premiums for Mortgage Insurance. ff Leader ra pdred Mortgage Iawtaou:e as a condition or making the Loan and Borrower was required to maha separately dedgasted payments toward the premiums for Mortgage In waaee. Borrower shat! pay the premium required to maintain Morlpp lagmanm in effect, or to provide a non-refundable lass reserve, No Leader'=--' for Mortgage luxuruusce ends in ac:cordanca with say wrltom ogmemeat between Borrower and Lender such tentalastlon of will Jormbetion is required by Applleahte Law. Nod* in this Section lit affet:ts Borrower's obliga la n to pay Interest at the rate provided in the Note. Mortgage hmr w A raimkuses Lender (or any entity that purchases the Note) for certain losses it may incur If Borrower does ant repay the Loan as agreed. Borrower is not a party to the are_ Mortgage insurers evaluate their MW risk on alt much insurance in forte item ? to Instra time. and may, ceder into agreements with other parties that share or tttWy their risk, or reduce looses. These agreem ou are on terms and conditions that are satisfactory to the mortgage imarer ad the other tarty (or parties) to drew ag<momb. These agreements may require the a>~ Issurer or make paymems acing any mom of fiords that the mtW insurer may have eveldable (which may Inc" feria obtaiuaed from Mortgage lijuarranoe Pmaitalas). As a result of time agreements, Leader. any pmchaser of the Note, another insurer, any reiaaurer, any other entity, or any aifWate of any of am foregoing, may receive (dk** or may) &m oo= that derive from (or migbi be characterized as) s por doo of Borrower's payrneata for Mot%%e Ingram. In exd=Vliar shadag or modifying the mOTtM inxmet's risk, ar reduchW hoses. N sock agtnemOd pravtdea fiat as ar°Biiata of Leader token a share of the immr's risk in exchange for a share of the premiums paid to the insurer, the arraagemad is often termed "captive reinsurance." FmIlter: (a) My :wch tuge+et meant wM not aftbet the amolmts thu Borrower 1145 agree4 to pay fbr MWOV Insurance, or any ptbec testa: of tins lawn. Such agmenas wM am laeresse the unmmi Bmv war wM once for ll eOpge Insra`anae, and tboy will toot eatlde Borrower to airy ft &W, (h) Any a Celt spremo c will runt aft d the rdgltta Bwro w bas - if any . V46 rr4slxct to the Marrgage Tawa sm under ilk lfomesweers Proteedoa Act of ifuddi or awry other iaw. These rW is rsray htrebude the r*m to Mtlve curtain disctosares, to regstsat and Obtain eareceiladen of the Mastpe b4ma'anca, to bave the Mtustpas baamaawse te?astad artuto>.?a?tieallyr, aud/ar uiuo roxelve a rtdtmd at'tary Mtturtgage Iasusaa,ce pre?nps that were warnW at the dme of such aqsq&dm er iermiaa4 w. 12. Asadgornoent Of aoua ;1?safeiMre. All Misceilaa us proceeds are hereby asslPW to and "I be paid to Luder. If the Property Is &mwd. if the restoration or repair Is of so nically f e Proceeds shall se be curity is ant lessened, During or mp& such pair ands resta tlon period, Leader shall have the right to hued sucb Miscetitkaoaa proceeds rant Leader bas had an apporhadty to is Wt such Property to ensure the work has been completed to Leader's salbAwd o, provided flat such l=paadw"be ltadertakan "#jy. Leafier may pay for the repairs and restoration Ina Single disbursement or is a aeries of progrnas payments as the work is o mtpleted, Uvlm an t is made to writing or Applicable Law requires Interest to be pad on such Miscellausm prom d5, Leadu abali got be required to pay Harrower any interest or earnings on such MiaceDm mrs Proceeds, if the restorsdoe or rePdr Is out ecomu nitally feasible or Lender's secatity would be lesseaed, the Misceganema proceeds shall be applied to the mAns uncured by this 5eendiy lnstnrment, whether or oat then due, with the excess, If arty. paid to Borrower. Such Miscamom proceeds shall be applied in ilia order provided for in Section 2. ironer rOM212: P. _ PENNSYLVANW- F Itocyw?reAtG1oMW eaoa*WrM 2 F+tn?rre aapJ =We a UVN Ifs W INSTRUMENT • A*R5 WWW Coll Form 5089 01/01 Page 9 or 17 OKI958PG1480 In the event of a total taking destruction, or [ass In valise of the Property, the Miscellaneous prod shalt be applied to the stuns secured by this Sdscurlhy. Iasttament, whether of out thaa due, with the excess, if any, paid to Harrower. In the event of a partial taking, destruction, or loss in value of the Property la whkh the fair muaiMt value of the Property immediately before the partial tailing, du *Wgos, or loss In value is equd to or greater than the emnfiat of the soma secured by this Secnft Instrument lmmedaMy before the partial taing drigructlon, or loan to value, unless Borrower and Lender otherwise agree In writing, the sums neared by this Suety instrument shall be reduced by the amount of the Miocallaneaas Proceeds MWHP red by the follawbW traction: (a) the total amount of the sates secured hmaedisteiy before the partial taking, dude, or low its value divided by (h) theft matjcet value of the Property Immediately Ware the partial taking, destruction, or fats In value. Any balance shall be paid to fimrower. la the event of a partial taking, destfucdca, or foal In value of the Property in which the fair marloet value of the Property immoddaoely befive the parted taking, de &wfian, or tams in vale is less than the *me= of the soma secured hrtmediateiy before the partial taking, des at Lion, or loss in value, unless Borrower and Leader otherwise agree in writing, the Mlarollaaeous Proceeds shall be applied to the Sums secured by this Security lnstrmae nt whether or not the stmt are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offin to male; an award to settle a claim for damages, Borrower fags to reVond to Leader within 30 stays after the date the &Wee 1s given, L,ender is auilwAaed to oollect and apldy the Miscellnneous Proceeds either to restoration or repair of the Property or to the'sums secured by this Seaurhy Instrument. whether or not then due. "Opposing parry" means the third party that owes Bortnwer Miscellaneous proceeds or the party against whom Homer has a right of action in regard to M weltaneois Proceeds. Borrower shad be in d4alt if any action or pnodteeding, whether civil or et9m91ai, is began that, in Lender's Judgment. could result is forfeftdm of toe Property or other material impairment of Lender's iabefemt In the Property or rights under this Securfty Iasi rnment, Borrower can care =it a deflhuit and. ff accoleradon has occurred, Mutate as provided in Section 19, by causing the action or proceeding to be dlaaolssed with a rvthig that, In Leader's judgment, precludes forfeiture of the Property or other material hquirmeul of Lender's interest to the Property or rights under this Secmlty Eashomeat. The proceeds of any award or claim fbr dow4ps that are al Amiable to the impairment of Lender's fnterast in the Property are bereby m4l ned and shall be paid to Leader. All Miscella was Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12, Bw"wer bias Rdeasotft ForbearanCa By Lender Not a Waiver. Rmation of the time for payment or momcadton of amortization of the amore secured by thk Security ink timbal by Leader to Borrower or any Successor in interest of Borruww shall not operate to release the Itabllity of Borrower or any Successors in Interest of Borrower. Leader shall Mot be required to commence proce agahtst aqy S=eessar in Interest of Borrower or to refuse to extend time for payment or otherwise modify amorftdos of the Sams secured by this Saderity Instrument b b team of ?y demand made by the original Borrower w any Sueadisors in Int WM of Borrower, Arty fofbearance by Lender exerciabfg any right or remedy including, without lhnitado, Lender's accephiu* of payments fftom third persons, eaddes or Successors in Interest of Borrower or in awaits less than the auiouut then due, shall not be a waiver of or preclude the exerdw of any right or remedy. 13. Joint and Sevens Umbflky-, Ca-miss m: Suco more acrd Agog 8"ad. Borrower cweaaats and agrees that Borrowees obligmtous and I(abthty shall be johns and several. Howmw. arty Bofrawer wbu cosigw this Sectnity instrument but does ant ewdxote the Note (a "w-signer"): (a) is co-signing this Securitybmirmont only to Mortgage, grant grad convey the co-signers interest in the Property under the terms of this SMrity Instrument; (h) is not Eannwer initials: _nn?p?eeP it iVEannta h1 iJF fn w Mac t1Ni 6W tNSTRUMNT - MFRS ?T Dorm 3039 01/01 aOE° soo?rirrarp Page 10 of 17?p?I?.bum 8K ! 958PG 148 1 personally obligated to pay the stuns secured by this Security Instrument; and (c) agrees that Leader and any ether Borrower tarn agree to attend, modify, fatirear or mAe any accommodations with regard to the termer of this Security Instrument or the Note without the ca-signer's consent. StdOd to the provisions of Sedan 18, soy Sucoewr In [merest of Borrower who assumes Borrower's obligations under tbts SeceritybI trument in wtitimg, and is apprtaved by Lender, shall obtain atl of Borrower's rights and belaelits tinder this Security Instrument. Bommer shall not be released from Borrower's obllgado>ws and liability under this Security h uttrument unless Lender agrees to such relow in writhag. The covenants and agreements of this Security Instrument shalt bind (except as provided In Section 20) ad benefit the successors and assigns of Loader. ter. Lou CLargeso. Leader may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecdq Lender's interest in the he" and rights under this Sew* fustru nwat, lnduding but not limited to, attorneys' fees, property Inspection atld valuation fees. In regard to any other fees, the absence of express authority In this Security inshvmeut to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee, lender may not charge fees that are expressly pr"fled by this Security hoftwaent or by Appocable Law. If the Loan is subject to a law which sets maximum luau charges, and that law is Really interpreted so that the interest or other roan charges collected or to be collected in connection with the Loan exceed the petmiaed lhznta, then: (a) any such loan charge"be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums aLeady collected frnm Borrower which extended permitted Umbs will be rehnded to Borrower. Leader may choose to make this refund by reducing the principal oared under the Note or by matting a direct payment to Borrower. if a refund reduces priaclpal, the redaction will be treated errs a partial prepayment woont any prepaymem charge (whetber or not a prepayment charge Is provided for ruder the N(te). Borrower's acceptance of any web relied mode by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of sack overcharge. 15. Notices. All notices given by Borrower or Lender In connection with this Security Insh mem: trust be in writing. Any notice to Borrower in connection with this Security instrument slut be deemed to have beers given to Borrower when mailed by first class mail or when actually delivered to Bormwe is notice adeL = if sett by other means. Notice to any one Borrower shall constitute notice to all Borrowers uWWss Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower bas dedgmted a substitnte notice address by notice to leader. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for mpordug Borrower's dump of address, theft Borrower shall only report a change of address throngh that specified procedure. Them may be ody am designated notice auddreer under this 5ecvtity baroment at any one dame. Any notice to Lender shall be given by delivering it or by malliog it by first chins mail to Leader's address stated herein unless Leader has designated aasudwr address by notice to Borrower. Any notice In connection with this Security 1%trvmemt sBali not be deemed to have bow given to Leader until scmalty received by header. If any notice regrind by this Secmiiy Instrument is aim required under Applicable Law. the Applicable Law requirement will satisfy the corcespoodiag requirement under 06 Security instrument. IS. Govendog Lan; 5e ty; Rules of Con*vctlan. This Seex{rity instrument abaft be governed by federal law and the law of the Jurisdiction is which the Property is located. All rights and obligation contained to this Sexaudty Instrument are SoNect to any regairements and lim atioas of Applicable Law. Applicable Law might expltdtly or implicitly allow the patties to agree by contract or R might be :bent, but such sifesce shall not be construed as a prohibition against agreenew by contract. In the event that any provision or dam of this Security lustrum at or the Note coarIft with Appliatide Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. Borrower hlttlais: P PENNSYLVANIA-91 Famay DO MaOOtOD ONM 400,90L 1.70 Fannie Mes/Fnada M1iac UNIFORM INSTRUMENT . Mt RS ?? of 17 M,N,?r 42wask.? Farm 3039 01/01 BK 1958PG 1482 As used in this Security Wirument: (a) Words of the mascukae gender shall mesa ad include core*.spondb* neuter words or words of the feminoae geode,; (b) words in the slnBa W shall mean and inshrde the plnrat and vice versa: and (r) the ward "hash," ,loves sole dis<redon without any obfilpWoa to talcs my action. 17. Sanv xes Copy. Borrower dait be gives one copy of the Note and of this Security IDSWIMent, ig, 1Yaoder of this PnOperty or g Beeddd mums t In Benvwer. As used In this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, hh WWS, but not Umbed to, thane bendwhd intetcsts wodarred In a bond for deed, contract for deed, Wsadhmeut spies contract or escmw areEmeIt, the intent of which is the trander of tithe by Berrovtor at a foams date to a parch rid or trasaferred (or if Borrower is not a if all or any part of the Property or any interest In the Property natural person and a bmv&ciah isierest Is Borrower is soli or trmrafarY4 vdthom Lendtr's prior written consent, Lender may require itmne&xle payment in fall of alt sums seawed by obis Security' Tns • However, this option shall not be exercised by Lender if such exercise is probibited by Applicable Law, If Lender exercises this option, Lender shall Siw Borrower nutlet of accelenuioa. "Ciro notice ahadl provide a period of not lees than 30 days from the data the notice to given In accordance within w" Boamw mast pay all sums secured by obis Security instrument. If & VQWrr faits to PaY these suzus prior to *e expiration of dds period. Lender may invoke any remedies permitted by this Seem* Instrument without further notice or demand on Borrower. 19. Bas rower's ltiSbt bo Itelonstalce A hoer Acohrlerntton. U Bormwet meets o ta#n condlUons, Borrower shall have the right to have enfinTement of His Security Instrument discontinued at any time prior to the earliest od: (a) give days before sale of the Property pnrsautt to any power of sale contained in this Security Instrument; (b) such other period is AppUcable Law might specify for the terms MAM of Borrower's right to reinstate; or (c) entry of a judVneat enfordng this Swxdty Insmsent. Those conditions are that Borrower: (a) pays Leader all sum which then would be due ender this Security lnstts amt and the Note as if no acceleration; had occurred; th) sacra nay ddInAt of MW other coveralls oragreeuoents: (c) pays all expMW incer" d in enforcing this se=* bstuwmeet, iachidiog, but not Umitat to, r asoM6le attaraeya' fees. property inspection and valuation fees, and odw fees Incurred for the Purpose of protecting Lender's interest In the properly and rights u>erier this Security Indrunlent; sad (d) haloes sash action: as Lender may neesonably requite to a wav than Lender's bored to the Property and rights uWV this Security InsWament, and Borrower's obilptionto pay the stemsseclrk by this Security Iusorun at, Shall coutim unchanged. Lender may r tidre that Borrower pay such re1whoemeat shims sad w"wes to one or more of the f6Uowing fames, as selected by Lender: (a) =h; (b) money order; (c) sniff d eh Ki, flank check, treasure's check or cashier's check, provided any such check is brawn upon as iust udw whose depoft are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Tmashr. Upon reio bdeseent by Borrower. this Security ftwomPaa and obligations secured hereby shall reastu fully effersive as If no accebrttion bad occumd, However, this right to reinstate shall not apply in the case of accelaradon under Section I$. 20. Sale of Note; Change of Lore Serviar Nedve of Grtavaame. The Note or a putted Interest In the Note (together, with has Security J oftwmt) co be sold an or more ti mvilthtont prior notice to Burrower, A sale might Note result in a charge in the entity (lanown as tie "Loan Serviced that cotiects Periodic Payments due ander Note., this tc and oils Seau'lty Instrument and performs other mottgaghs serYl 4 tigedotas under the Imwatnadt, and AppUcaboe Law. 711mm also might be one or more changes of the Loan Servtcea' tundated to a sale of the Note. U tbere 14 a change of the Lou Servteee, Borrower will be given Nrekaen sotilce ofthe ? ? which wilill slate the name red address of the new Loan 5ervim, the address to which p4ymeeis dKrdld Y otter tnfamattion RESPA reriukes its connection with a ardce of trandw of wtvidag. N the Now is sold and thereaft the Loan is serviced by a Loan Servicer other than the parebaoer of the Note, the mortgage Im servicing obElptloas Boncwer Idds a* '61, r U*C=ffVQ jai vwwM 7J WSTRUMENr • MER5 kv dBrrrayla.awn Pao 12 of 17 BK t 958PG 1483 to Borrower will remain with the Loan Servicer or be ttasfwrod to asuccessor Loan Servlcer and are not assumed by the Note purchaser Vales Otherwise pmvkW by the Now se to any icel attioan (as either an individual Neither Borrower nor Lender may cwmmence, Join. or be joined tits Security lnatroment as that ittigaat or the member of a cuss) that arises from the otW party's acdona prarsaaok ea adegax that the other party baK breached any provision of, or any duty owed by reason of. MS Security lmtrumtent, until such Borrower or Leader bas notified the other party (with such notice given in twnq?Bance wkhdw re'*emem3 of Section i5) of such alleged breach and afforded the other perky bereto a reasmable parted atier the giving of such notice to take corrective anion. it Applicable Lev. provides a time period which must elapse before ve iaia action can be taken. that time period w[ll be deemed to be reasonable for purposes of this paragraph. The notice of acceleradon and opportunity to cure given to Borrower rusuant to sect" 22 and the noose of acceleration given to Sa mower pw=ut to Secdon l$ shall be deemed m pftfry the oattae and opportm *to asks ="Com sense KwAd s of tide Section 20. 21. hazardous SUW&Scw As used to this Sexuoa 21: (a) "Hazardous Substances" are these Substances ddkmd as anode or hazardous substances, pollutants, or wastes by Euviroaumental Law and the Mowing substances, pselisea, kerosene, ones flammable or toxic pecrolwtm prahets, W& pesticides and haWckies, volatile sah"ts, materials containing aabeetos or formaldehyde, and ralometive masedab-. (t) "Environmental Law" mesas federal laws and laws of the Jariadietlon when the Property is located that reh teto bealth, safety or emrlroamenW protection, (c) ^EnvironmeWd Cleanup" incladess any fog"" action. remedial action, or removal adlon, as defined in Environmental Law, and (d) an "Environmental Condition" means a condidou that can cause, contribute to, or otherwise trigger an Envi ro=w atat Cleanup. of any Hazardous Snbstaacas, Borrower shallaot cease or permit the presence, use, disposal, stnBe or threaten to release any Hazardous Substances, on or to the Property. a wen or rel??se om not do, nor allow anyone else to do, anything offe tang the Property W that is in violation of any Eavicanmental Law, (b) which creates an Environmental Condition, at (c) wfddL due to the presence, use, or release of a Hazardous Substance, creates a condition tut adversely affects the value of the Property. The Pre-Aing two sentences shall not apply to the per, use, or storage no the Property of small goaoddea of ias<ardm>x dw am generally limited greed to be app gw1ate to normal residential uses and to maintenance of the Property (indediag, but not hazardous substances in consumer products). Borrower shall promptly glue Lender written notice of (a) any invadvidon, claim, detaand, lawsuit or other acdoo by any goveramental or rogaiatory agency or private paq involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Smdrenmentai Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of say Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazard= Substance wld h adversely the ?ue of any property. If Borrower leams, or is notified by any govornnreatai or p?y necessary, Bono shall any removal or eter h ten?edladon of any Hazardous Substance affecting the pmt, take all necessary remedial actions to accordance with Euvimmne atal Law. Nothing berehs shall create any obligation at Lender for ad Environmental Cleaasp. NON-UMlFOiM coVfmwrs. Borrower and Leader fm*tr wy agiee a? •? 22. Acceleration,- Remedies. Leader sW d give natlte n d sander er of,to &=aacaden fb % oOwr tp: Se Bormw'o cdon 18 d1ent of any covemaat or agreement in)). Leadder sW aarl[ieg Botrrnrrnot to Section iii taDlema Appllea6le LxW pt+ovttlea (a) the deeasdt, (b) the mom required to cure the default; (c) when the default must be tared: aid (d) drat eNSTRUMENT - ME R 13 of 17 eooamocea,aoaton Sw4Ms.1ae2 www dowlasge O" BK 1958PG 1484 fallrire to out the dafattlt as gmdGW may tenant in sceeleratiou of the um secured by this Sccurdty k&,ment, W%dow x* by,judidttl prooceft ad sate of the Pr etty. Leder shaft firrihez' WWU Warne W W or the night to reinstate after w0des 0, ? the to ablest rrr the firedoarele proeaa?oE of a drd'm& or any other' defense of Borrower to ? trod f lveloare. 4 the ddhult is not cared as specified, Leader at its option may require bssmdiate Mond is M of afi Mains now" * title Soctnity Iasanmaestt *aw sarther demand and my far dwa this Swat* l dnt by Jadk#1 Lowder "be entlded to called all w emn lxACam*d. in the r+edea p'aaiied but not ]tabled to, attorneys' fees and costs of titre evidence to the , ', at 1>wmWd by Applicable Law. 23. Release. Upon payment of A Sams secsu+ed by tbb Secmity Yn mmuent. tltia Security fash+tmen t and the estme conveyed short terminate and become void. Our such occurrence. Lender shall discburp and setdy this 5easrity iashvmertt Borrower shall pay any recordstiaa costa. Leader may charge r a fee fez rek&ftg this Security WWA" t, but only if the fee is paid to a third pasty for services rendered Mod tb a charging of the fee is permdtted under Applicable Law. 24. Waivers. Borrower, to the extent peruxitsed by Applicable Law, waives aid releases any emsr or defem in proceedings to enforce this Security tasirvment, end hereby waives the benefit of any pant of future laws providing for stay of execution, odenden of time, exemption ham attachment, levy and sale, and bomestmd exemption. 2&. Rdnstate>neat Period. Borrower's ttme to roinstate provided to Section iS shall vdemd to one boar prior to the commeaceme d of bidding at a sbe s o bt soc?uporn ant Security oca"rity Security i?+y?. Borrower to 28. Pmvchm Money Mar". Y of e de acquire title to the Property, Ws Seoarity Instrument shrill be a p urJW a money f ux%a a. 27. l avot Slate After audpooaL Borrower agrees tbat the interest tale payable after a jadrow is entered on the Note or in an action of mottpge foreclosure stall be &e rate payable fmw time to time under the Note. aorrowcr biilsds. _gf oo~ aeaonM .oasea.raea INSTRUMENT • &GRS a to of It WWWA-'? tpiF own ftg BKf958PG1485 BY SIGNING BELOW, BoMN" accepts and agrees a the farms and covemts c0atained in this Security Iast =mt and in any Rider executed by Borrower and ricordW with it. DA BRIAN PHAMM -Borrower ..,_- (seal) .Borrower ("sees) -Borrower Witness: Y1')ip'tq?t • ?, td4l1? -Borrower Wlmess: -Borrower _. (seal) -Borrower PENNSYLVA"-5i FSW Farm 3036 01101 page 15 ot 17 $K i 958PG 1486 COMMONWEALTH OF PENNSYL'V'ANIA ) S5: COUNWOF N dds the 14 day of Jl*i.2 :P to , before me, yV+, c-hA, el. ? Gc9/s ? A kx? the and rAFed 0fflcer, Penronally appeared DANG BRIAN PRAM (mown to me (Or s tisfactorlly proves) to bathe pawn(s) whose natae(s) is/ae sahscribed to the within huumu loot and acknowiedW that he/shPJt* execated the sasse for the proposes thereto contained. In wttum whereof, t heraunto set my hand mW oiflcW seals, CCMhtOWFAL tQ?PENNSYLVAttlA tusdtael E Whe YpodllC (» i C ti IA.e t . som. tlarabakwoounty MY Gommtasion 11244 s41ma Bolo 1+1em6or tsannntvanta As a*Oon of Nwallft Title of Officer (Notary's Stamp and Embosser) My cotamomon expires: 31 ri N3 "?4) & PENNSYLVAHUMoltdsc UH 11 IFOAM INSTRUMENT . MEtt5 aec"soft Fkmm A0,649.s,9?er Fartnia h?/F?tlAlt? Fam 3039 01104 P*V 16 of 17 vAvW 1'2y/1aWA:4ppR BK 1958PG 1487 h of R ePASmf m t6s MO The lmderaigrsed bereDy cerctttes tit (A he/she t9 the lVlottpre or the d* authorized attorney or agent of 21700 OKN nazued In the STREE?T, E? ?pD WOODLAND HILLS, CALIFORNIA h91367 Witness my band this to day of T tkT%,, g70* 5I86ttare of ?Mvv,- U .s$ Daly A*Niwa or A ,c?%QeL-E a,le l acm zyp or Fm NaM Of MOFIM" or MonpW-l Duly Aubl +ks7RUWNT - WRs PAW 17 or 17 VArdVm p p ammo-?, 8K'958PG1488 MIN: Loan Number! Doc ID#.- ADJUSTABLE RATE RIDER PTA-Twelve Month Average Index • Payment caps) THIS ADJUSTABLE RATE RIDER is made this 15th day of JUNF, 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security inabuntertt") of the same date given by the undersigned ("Borrower") to secure Borrower's Adjust M Rate Note (the "Note") to Q%SA BLANCA MCA, INC. MA MMUA S%I MXCGAM, , A CALIECAiiM LION ("Lander") of the same date and covering the Property described in the Security Instrument and located at: 8 PENNS WAY RD., MECHANTCSBURG, PENNSYLVANIA 17050 [Property Address) THE NOTE CONTAINS PROVISIONS THAT WILL CHAD THE INTEREST RATE AND 7TIE MONTHLY PAYMENT. THERE MAY BE A LIWT ON THE AMOUNT THAT THE MONTHLY PAYMENT CAN MI(;REASE OR DECREASE. THE PRINCIPAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGMLLY BORROWED, BUT NOT MORE THAN THE MAXIMUM! UNT STATED IN THE NOTE. ADDITIONAL COVENANTS: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lander further covenant and agrees as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for changes in the interest rate and the monthly payments, as follows: 2. INTEREST (N Interest Rate Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I Will pay interest at a yearly rand of 1.7 5 0 %. The interest rate i will pay may change. The Interest rate required by this Section 2 is the rate I will pay troth before and after any default described ip Section 7(B) of the Note. 00 Interest Rate Change Oates The Interest rate I will pay my change on the 1st day of AUGDST 2006 , and on that day every month thereafter. Each date on which my interest fate could change Is called an "interest Rate Change Date." The new rate of interest will become effective on each Interest Rate Change Date. The interest rate may change monthly, but the monthly payment is recalculated in accordance with Section 3. Borrower LddaLs:. Pr #'ayOptlwr MTA ARM Rider FE-5315 (0511) Page 1 of 5 8K 1958PG 1489 (G) Index BegirtNng with the first Interest Rata Change Data, my adjustabie interest rats will be based on an Index. The "Index" is the "Twelve-Month Average,, of the annual yields on actively traded United States Treasury Securities adjusted to a constant maturity of one year as published by the Federal Reserve Board in the Federal Ressrve Statistical Release entitled "Selected Interest Rates (H.15)" (the "Monthly Yields"). The Twelve Month Average is determined by adding together the Monthly Yields for the most recently available twelve months and dividing by 12. The most recent Index figure available as of the date 15 days before each interest Rana Change Date is caller,[ the "Current index". If the Index is no longer available, the Note Holder wilt choose a new index that is based upon comparable information. The Note Holder will gbm me notice of this choice. (D) Calculation of interest Rate Changes Before each Interest Rate Change Date, the Note Holder will calculate my now interest rats by adding THREE AND 450/1000 percentage point(s) 3. 450 % ("Margin") to the Current Index. The Note Holder will then round the result of this addition to the nearest one-ekjhth of one percentage point (0.12596). This rounded amount will he my new interest rate until the next Interest Rate Change Date. My interest will never be greeter than 9.950 `Xa. Beginning with the first Interest. Rate Change Date, my Interest rate wig never be lower than the Margin. 3. PAYMENTS (A) Time and Piece of Payments I will make a payment every month, I will make my monthly payments an the I s t day of each month beginning on AUGUST 1, 2006 . 1 will make these payments every morrth until i have paai all the Principal and Interest and any other charges described below that I may owe under this Not4, Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal, if, an JULY 1, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturtly Date." I will make my monthly payments at 21700 OXNARD STRUT, $UITE 600, WOODLAND HILLS, CALIFORNIA 91367 or at a different place If required by the Note Holder. (B) Amount of My initial monthly payments Each of m initial monthly payments until the first Payment Change Date will be in the amount of U.S. $2, 322.08 unless adjusted under Section 3 (F). (C) Paynwm Charge Dates MY monthly payment way dwV as mgrdred by SeWm 3(D) below beginning oil the I s t day of AUGUST, 2007 . and on slut day every 12th mouth tim-w, ter, Each of these data is tatted a "Payment Change Date." My monthly payment also will change at any time Section 3(F) or 3(G) below requires me to pay a different monthly payment. The "Minimum payment,, is the minimum amount Note Holder will accept for my monthly payment which I$ determined at the last Payment Change Date or as provided in Section 3(F) or 3(G) below. If the Minimum Payment is not suf icient to cover the amount f the interest due then negative amortixatlon writ occur, Borrower lrtlttals• 9 PayOpdma MTA ARM Rider FE-5315(0511) ' Page 2 of 5 lK i 958PG 1490 I will pay the amount of my new Minimum Payment each month beginning on each Payment Change slate or as provided in Section 3(F) or 3(G) below, (Q) CalcuktIm of Mangy payrnarrt Cheagas At least 30 days before each Payment Change Date, the Note Holder will calculate the amount of the monthly payment that would be sufficient to repay the unpaid Principal that 1 am expected to owe at the Payment Change hate in full on the maturity date in substantially equal payments at the interest rate effective during the month preceding the Payment Change Date. The result of this calculation is called the "Full Payment." Unless Section 3(F) or 3(G) apply, the amount of my new monthly payment effective on a Payment Change Date, wpl not Increase by more than 7.5% of my prior monthly payment. This 7.5% limitation is called the "Payment Cap." This Paynwnt Cap applies only to the Principal and Interest payment and does not apply to any escrow payments Lander may require under the Security Instrument. The Note Holder will apply the Payment Cap by taking the amount of my Minimum Payment due the month preceding the Payment Change Date and multiplying It by the number 1.075. The result of this calculation is called the "Limited Payment," Unless Section 3(F) or 3(G) below requires me to pay a different amount, my now Minimum Payment will be the lesser of the Limited Payment and the Full Payment. 1 also have the option to pay the Full Payment for my monthly payment. (E) Ad*uons to My Unpaid Principal Since my monthly payment amount changes less fra*wntly than the interest rate, and since the monthly payment is subject to the payment limitations described in Section 3 (Q), my Mlnknum Payment could be Less than or greater than the amount of the interest portion of the monthly payment that would be sufficient to repay the unpaid Principal I owe at the monthly payment data in tuft on the Maaurity Date In substantially equal payments. For each month that my monthly payment is less than the interest portion, the Note Holder will subtract the amount of my monthly payment from the amount of the interest portion and will add the difference to my unpaid Principal, and interest will accrue on the amount of this difference at the interest rate required by Section 2. For each month that the monthly payment is greater than the interest portion, the Note Holder will apply the payment as provided in Section 3 (A). (1r) Limit on My unpaid Prin*al; lncreaaW Mwthly Payment My unpaid Principal can never exceed the Maximum Limit equal to ONE HUNDRED FTFTEEN AND 000/1000 percent( 115.000%W the principal amount I originally borrowed. My unpaid Principal could exceed that Maximum Limit due to Minimum Payments and interest rate increases. In that event, on the date that my paying my montMy payment would cause me to exceed that limit, i will Instead pay a new monthly payment. This means that my monthly payment may charge more frequently than annually and such payment changes will not be limited oy the 7.5% Payment Cap. The new Minlrnum Payment will be in an amount that would be sufficient to repay my then unpaid Principal in full an the Maturity Date in substantially equal payments at the current interest rate. (G) ReWdred Full Payment On the 5th Payment Change Date and on each succeeding fifth Payment Change Date thereafter, I will begin paying the Full Payment as my Minimum Payment until my nVothly payment changes again. 1 also will begin paying the Full payment as my Minimum payment on the final Payment Change Date. PayQpdon (VITA ARM Rider FE-531 S (0511) Page 3 of 5 Borrower laitals- _ BK 1958PG 1491 (F) Payrne»t Options After the first Interest Rate Change Date, Lander may provide me with up to three (3) additional payment options that are gralltar than the Minimum Payment, which are called "Payment Options." i may be given the following Payment Options: (i) Interest Only Payment: the amount that would pay the interest portion of the monthly payment at the current interest rate. The Principal balance will not be decreased by this Payment Option and It is only available If the Interest portion exceeds the Minimum Payment. (ii) Fully Amortized Payment: the amount necessary to pay the loan off (Principal and Interest) at the Maturity Date In substantially equal payments. ill) 15 Year Amortized NAayment: the amount necessery to pay the loan off (Principal and Interest) within a fifteen (15) year term from the first payment due date in substantially equal payments. This monthly payment amount is calculated on the assumption that the current rate will remain in effect for the remaining term. These Payment Options are only applicable if they are greater than the Minimum Payment. a. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWIER Section 18 of the Security Instrument entitled "Transfer of the Property or a Beneficial Interest in Borrower" is amended to react as follows: Transfer Qf the Property Or a Owl'aficdal Intwest in 8Wrawar. As used in this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for dead, contract for dead, installment sales contract or escrow agreement, the Intent of which is the transfer of title by Borrower at a future dine to a purchaser. If all or any part of tied Property or any Interest in the Property is sold or transferred (or if Sorrovrer Is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lander may require immediate payment in full of all sums secured by this Security Instrument, However, trots option shall not be exercised by Lander if such exercise Is Prohibited by Applicable Law. Lander also shall not exercise this option It (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lander reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security instruneent. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. Sorcowar laitials:-Ar- PayOption MTA ARM Rider - - FE-5315 (0511) . Page 4 of 5 Sit i 958PG 1492 If Lender exercises the option to require immediate payment in full, Lender shalt give Borrower notice of acceleration. The notice shall provide a pad of not leas than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pay all sums secured by this Security fnstrument. if Burrower fads to pay these sums prior to the explration of this period, Lender may invoke any remedies permitted by this Security instrument without further nonce or demand on Borrower. BY SIGNING BELOW, Swower accepts and agrees to the ternis and covenants contained in this Adjustable Rate Rider. DAN PRAM -Borrower -Borrower -Borrower -Borrower PayOption MTA ARM Rider FIE-531 5 (0511) Page 6 of 5 1 1958PG1493 Exhibit "A" ALL THAT CERTAIN LOT OR PIECE OF GROUND, SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULAR BOUNDED AND DESCRIBED IN TIC FINAL SUB-DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK-HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLANT BOOK 56, PAGE 36, AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE of PENNS WAY ROAD (50 FEET RIGHT-OF-WAY'), AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF-WAY INTERSECTION OF PENNS WAY ROAD AND NORTHWATCH LAME; THENCE ALONG A RADIAL LINE ALONG LOT #27, NORTH 15 DEGREES 24 MINUTES 52 SECONDS EAST, A DISTANCE OF 446.42 FEET TO AN IRON PIN; THENCE ALONG LOTS #20 AND #21, SOUTH 43 DEGREES 54 MINUTES 32 SECONDS EAST, A DISTANCE OF-442.32 FEET TO AN IRON PIN; THENCE ALONG LOT 425, SOUTH 24 DEGREES, 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 352.96 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT-OF-WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.43 FEET TO AN IRON PIN; THENCE STILL ALONG THE RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.40 FEET AND AN ARC LENGTH OF 194.78 FRET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. APN: 38-07-0461-052 TS Order Number 1O-WO91556 ? be recorded 0 CUmberPoid County PA i Recorder of Daeds RKI958PG1494 MORTGAGE Between: Do& Brien Phan And. Mg Ne kctmnic I Cf SaBtfQI1 S V3 en1?, ?71C Mail To: Title Stream 615 E. State Highway 121, Suite 330 Coppell, Texas 75019 I DO fMREBY CERTIFY THAT THE PRECISE RESIDENCE IS: S Perms Way Rgad Me gssbum PA 17050 C Repr five Date BK 1958ps 1495 •0 •! MIN: Loan `Number;%e, ADJUSTABLE RATE NOTE i\.\r Py ?/ the ° l'e r,? (MTA•Twelve Month Average Index -Payment Capsj.rprc/r` ; ? oq? q??J/ h THIS NOTE CONTAINS PROVISIONS THAT WILL CHANGE THE INTEREST RATE-- AND THE MONTHLY PAYMENT. THERE MAY BE A LIMIT ON THE AMOUNT" I THAT THE MONTHLY PAYMENT CAN INCREASE OR DECREASE. THE PRINCIPAL AMOUNT TO REPAY COULD BE GREATER THAN THE AMOUNT ORIGINALLY BORROWED, BUT NOT MORE THAN THE MAXIMUM LIMIT STATED IN THIS NOTE. JUNE 15, 2006 WOODLAND HILLS CALIFORNIA [Date] (City) ISwe) 8 PENNS WAY RD., MECHANICSBURG, PENNSYLVANIA 17050 [Property Addrenl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $650, 000.00 (this amount is called "Principal"), plus interest, to the order of Lender. The Principal amount may increase as provided under the terms of this Note but will never exceed (ONE HUNDRED FIFTEEN PERCENT ) of the Principal amount I originally borrowed. This is called the "Maximum Limit." Lender is CASA BLANCA MORTGAGE, INC. DBA SHEARSON MORTGAGE, , A CALIFORNIA CORPORATION. I will make all payments under this Note in the form of cash, check or money order. 1 understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST (A) Interest Rate Interest will be charged on unpaid Principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 1 . 7 50 %. The interest rate I will pay may change. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 7(B) of this Note. (B) Interest Rate Change Dates The interest rate 1 will pay may change on the 1st day of AUGUST, 2006 , and on that day every month thereafter. Each date on which my interest rate could change is called an "Interest Rate Change Date." The new rate of interest will become effective on each Interest Rate Change Date. The interest rate may change monthly, but the monthly payment is recalculated in accordance with Section 3. (C) Index Beginning with the first Interest Rate Change Dale, my adjustable interest rate will be based on an Index. The "Index" is the "Twelve-Month Average" of the annual yields on actively traded United States Treasury Securities adjusted to a constant maturity of one year as published by the Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates (H.15)" (the "Monthly Yields"). The Twelve Month Average Is determined by adding together the Monthly Yields for the most recently available twelve months and dividing by 12. The most recent Index figure available as of the date 15 days before each Interest Rate Change Date Is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new Index that is based upon comparable Information. The Note Holder will give me notice of this choice. (D) Calculation of Interest Rate Changes Before each Interest Rate Change Dale, the Note Holder will calculate my new interest rate by adding THREE AND 450/1000 percentage point(s) 3.450 % ("Margin") to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). This rounded amount will be my new interest rate until the next Interest Rate Change Date. My interest will never be greater than 9. 950 %. Beginning with the first Interest Rate Change Date, my interest rate will never be lower than the Margin. 3. PAYMENTS (A) Time and Place of Payments I will make a payment every month. I will make my monthly payments on the 1st day of each month beginning on AUGUST 1, 2006 . I will make these payments every month until l have paid all the Principal and Interest and any other charges described below that 1 may owe under this Note. Each monthly payment will be applied as of Its scheduled due date and will be applied to interest before Principal. If, on JULY 1, 2036 , I still owe amounts under this Note, 1 will pay those amounts In full an that date, which is called the "Maturity Date." I will make my monthly payments at 21700 OXNARD STREET, SUITE 600, WOODLAND HILLS, CALIFORNIA 91367 or at a different place if required by the Note Holder. Borrower Initials: 6 F_ PayOption ARM Note . MTA Index FE-5312 (0511) Page 1 or 4 ?c16 ?b 00 0 0 (B) Amount of My Initial Monthly Payments Each of my initial monthly payments until the first Payment Change Dale will be in the amount of U.S. $2,322.08 unless adjusted under Section 3 (F). (C) Payment Change Dates My monthly payment may change as required by Section 3(D) below beginning on the 1st day of AUGUST, 2007 , and on that day every 12th month thereafter. Each of these dates is called a "Payment Change Date." My monthly payment also will change at any time Section 3(F) or 3(G) below requires me to pay a different monthly payment. The "Minimum Payment" is the minimum amount the Note Holder will accept for my monthly payment which is determined at the last Payment Change Date or as provided in Section 3(F) or 3(G) below. If the Minimum Payment is not sti ficfent to cover the amount of the interest due then negative amortization will occur. I will pay the amount of my new Minimum Payment each month beginning on each Payment Change Dale or as provided in Section 3(F) or 3(G) below. (D) Calculation of Monthly Payment Changes At least 30 days before each Payment Change Date, the Note Holder will calculate the amount of the monthly payment that would be sufficient to repay the unpaid Principal that I am expected to owe at the Payment Change Date in fullon the maturity date in substantially equal payments at the interest rate effective during the month preceding the Payment Change Date. The result of this calculation is called the "Full Payment. "Unless Section 3(F) or 3(G) apply, the amount of my new monthly payment effective on a Payment Change Date, will not increase by more than 7.5% of my prior monthly payment. This 7.5% limitation is called the "Payment Cap." This Payment Cap applies only to the Principal and Interest payment and does not apply to any escrow payments Lender may require under the Security Instrument. The Note Holder will apply the Payment Cap by taking the amount of my Minimum Payment due the month preceding the Payment Change Dale and multiplying It by the number 1.075. The result of this calculation is called the "Limited Payment." Unless Section 3(F) or 3(G) below requires me to pay a different amount, my new Minimum Payment will be the lesser of the Limited Payment and the Full Payment. I also have the option to pay the Full Payment for my monthly payment. (E) Additions to My Unpaid Principal Since my monthly payment amount changes less frequently than the interest rate, and since the monthly payment is subject to the payment limitations described in Section 3 (D), my Minimum Payment could be less than or greater than the amount of the interest portion of the monthly payment that would be sufficient to repay the unpaid Principal I owe at the monthly payment date in full on the Maturity Date in substantially equal payments. For each month that my monthly payment Is less than the interest portion, the Note Holder will subtract the amount of my monthly payment from the amount of the interest portion and will add the difference to my unpaid Principal, and interest will accrue on the amount of this difference at the interest rate required by Section 2. For each month that the monthly payment is greater than the Interest portion, the Note Holder will apply the payment as provided in Section 3 (A). (F) Limit on My Unpaid Principal; Increased Monthly Payment My unpaid Principal can never exceed the Maximum Limit equal to 115.000 percent of the Principal amount I originally borrowed. My unpaid Principal could exceed that Maximum Limit due to Minimum Payments and interest rate increases. In that event, on the date that my paying my monthly payment would cause me to exceed that limit, I will instead pay a new monthly payment. This means that my monthly payment may change more frequently than annually and such payment changes will not be limited by the 7.5% Payment Cap. The new Minimum Payment will be in an amount that would be sufficient to repay my then unpaid Principal in full on the Maturity Date In substantially equal payments at the current interest rate. (G) Required Full Payment On the 5th Payment Change Date and on each succeeding fifth Payment Change Date thereafter, I will begin paying the Full Payment as my Minimum Payment until my monthly payment changes again. I also will begin paying the Full Payment as my Minimum Payment on the final Payment Change Date. (H) Payment Options After the first Interest Rate Change Date, Lender may provide me with up to three (3) additional payment options that are greater than the Minimum Payment, which are called "Payment Options." I may be given the following Payment Options: (il Interest Only Payment: the amount that would pay the interest portion of the monthly payment at the current interest rate. The Principal balance will not be decreased by this Payment Option and it is only available if the interest portion exceeds the Minimum Payment. (ii) Fully Amortized Payment: the amount necessary to pay the loan off (Principal and Interest) at the Maturity Date in substantially equal payments. (iii) 15 Year Amortized Payment: the amount necessary to pay the loan off (Principal and Interest) within a fifteen (15) year term from the first payment due date in substantially equal payments. This monthly payment amount Is calculated on the assumption that the current rate will remain In effect for the remaining term. These Payment Options are only applicable If they are greater than the Minimum Payment. Borrower Initials: 0 P payOptim ARM Note • NITA IrK%x FE-5312 (0511) Page 2 or 4 69 0 • 4. NOTICE OF CHANGES The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question 1 may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY ** See attached Prepayment Note Addendtml. 1 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 I make a Prepayment, 1 will tell the Note Holder In writing that I am doing so. 1 may not designate a payment as a Prepayment If I have not made all the monthly payments due under this Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments. My partial Prepayment may reduce the amount of my monthly payments after the first Payment Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit: and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment, 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of fifteen (15) calendar days after the date it is due, 1 will pay a late charge to the Note Holder. The amount of the charge will be 5. 000 % of my overdue payment of Principal and Interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the dale it is due, I will be in default. (C) Notice of Default If I am 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 that has not been paid and all the interest that 1 owe on that amount. The dale must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the 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. These expenses Include, for example, reasonable attorneys' fees. g. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by 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. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if 1 am given a notice of that different address, 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all the amounts owed under this Note. Borrower Initials: 6,0 PayOption ARM Note - WA Index FE-5312 (05111 Page 3 or 4 0 0 0 0 10. WAIVERS I 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 the 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. 11. SECURED NOTE In addition to the protections given to the Note Holder under tlds Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the some date as this Note, protects the Note Holder from possible losses That might remit if I do not keep the promises that I make 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 owe under this Note. Some of these conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used In this Section 18, "Interest In the Property" means any legal or beneficial Interest in the Property, including, but not limited to, those beneficial Interests transferred In a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial Interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not he exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full. Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security 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. (Seal) GANG AR=1 Alm PRAM -Borrower (Seal) -Borrower (Seal) -Borrower _ (Seal) -Borrower PayOption ARM Nola - MIA Index FE-5312 (0511) Page 4 of 4 DEPARTMENT OF JUSTICE For optional uae I Recording office NOTICE OF LIEN FOR FINE ANDIOR RES'T'ITUTION IMPOSED PURSUANT TO THE ANTI-TERRORISM AND EFFECTIVE i MEATS PENALTY ACT OF 1996 007 -- 11b (So United States Attorney's Office for Serial Number HUDDLE DISTRICT OF PENNSYLVANIA NOTICE is hereby given of a lien against the property of the defendant named below. Pursuant to Title 18, United States Code, § 3613(c), a fime or an order of restitution imposed pursuant to the provisions of subchapter C of chapter 2"27 is a lies in favor of the United States upon all property belonging to the person fined or ordered to pay restitution. Pursuant to § 3613(d), a notice of lien shall be considered a notice of lien for taxes for the purposes of any State or loran law providing for the filing o( a tax lien. The lien arises at the time of the entry of judgment and continues until the liability is satisfied, remitted, or set aside, or until. it becomes unenforceable pursuant to § 3613(b). Name of Defendant Dang Pbam Court Number 1.06-CR4045 Residence 8 Penns Way Road Mechanicsburg, PA 170,50 Amount of Finch estitution S"2,857.90 Court Imposing Judgment U.S. District Court, MD of PA Date of Judgment December 7, 2006 Date of Entry of Judgment December 7, 2006 Rate of Interest 0% If payment becomes past due, penalties totaling up to 25 percent of the principal amount past due way arise. 18 U.S.C. § 3612(8). IMPORTANT RELEASE INFORMATION-With respect to the lien listed above, this notice shall operate as a certificate of release pursuant to 18 U.S.C. § 3613(b) by operation of law, but no later than (twenty years plus term of imprisonment). PLACE OF FLING: Cumberland County This notice was prepared and signed at Scranton, Pennsylvania this - day of ?s?.,.?wr+?-k --,2007. THOMAS A. MARINO United States Attorney 6,?Qyzz G. MICHAEL THIEL Assistant United States Attorney Phone: 370-349-2800 b?F ` C, . E410 IndyMac Mortgage Services a Division of One West Bank PO Box 9042 Temecula, CA 92589-9042 Send Payments to: IndyMac Mortgage Services a Division of One West Bank PO Box 4D45 Kalamazoo, MI 49D03-4045 Send Correspondence to: IndyMac Mortgage Services a Division of One West Bank PO Box 4045 Kalamazoo, MI 49003-4045 WWI 7196 9006 9295 1725 542S 20110503-72 DANG PHAM 8 PENNS WAY RD MECHANICSBURG, PA 17050-1777 E?8? I b 41 1? ? 1 PRESORT First-Class Mail U.S. Postage and Fees Paid WSO XC718 Hare Loan Servicing 6900 Beatrice Drive Kalamazoo, MI 49009 05/03/2011 DANGPHAM 8 PENNS WAY RD MECHANICSBURG, PA 17050-1777 RE: Loan Number: Legal Description of Property 8 PENNS WAY ROAD MECHANICSBURG, PA 17050 Sent Via Certified Mail 7196 9006 9295 1725 5425 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY 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 CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name address and i)hone number of Consumer Credit Counseling Agencies servicing your county are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call 1-717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENDIDO DE ESTA NOTIFICACI6N OBTENGA UNA TRADUCCI6N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM N YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME OneWest Bank" 7196 9006 9295 1725 5425 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 your mortgage for thirty (30) days from the date of this Notice (Plus three (3) days for mailing). 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 THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. 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_aMncies 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). 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. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN A PPLICA TION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE,': YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN A BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by IndyMac Mortgage Services, a Division of OneWest Bank on your property located at the above referenced address is in SERIOUS DEFAULT, because you have not made the monthly payments that follow: 03/01/2011 $3,101.04 $9,303.12 $31.0.10 $0.00 $0.00 $0.00 A QM Next Payment Due Date: Current Monthly Payment: Total Monthly Payments Due: Late Charges: Other Charges: Uncollected NSF Fees: Other Fees: Corporate Advance Balance: Partial Payment Balance: TOTAL YOU MUST PAY TO CURE DEFAULT: $9,613.22 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 $9,613.22, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check or money order made payable and sent to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 IF YOU DO NOT CURE THE DEFAULT -- If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) Days, the lender also intends to instruct its attorneys to start legal action to foreclosure upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -- The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you y? z,.A.. OneWest Bank_ 7196 9006 9295 1725 5425 cure the default within the THIRTY (30) DAY period. you will not be required to nav attorney's fees. OTHER LENDER REMEDIES -- The tender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. 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 by 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 Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 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: IndyMac Mortgage Services, a Division of OneWest Bank 2900 Esperanza Crossing Austin, Texas 78758 Loan Resolution Department 1-877-908-4357 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 be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. You will need to obtain expressed approval of the lender prior to any sale or transfer or assumption of the mortgage debt. 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. You may also contact a HUD-approved housing counseling agency toll-free at 1-800-569-4287 or TDD 1-800-877-8339 for the housing counseling agency nearest you. These services are usually free of charge. CONSUMER CREDIT COUNSELING AGENCIES SERVICING YOUR COUNTY CAN BE LOCATED ON THE ATTACHED LIST OF COUNSELING AGENCIES LOCATED IN THE STATE OF PENNSYVANIA This company is a debt collector and any information obtained will be used for that purpose. However, if you have filed a bankruptcy petition and there is either an "automatic stay" in effect in your bankruptcy case, or your debt has been discharged pursuant to the bankruptcy laws of the United States, this communication is intended solely for informational purposes. Sincerely, IndyMac Mortgage Services, a Division of'OneWest Bank, F S B Loan Resolution Please I ) Make your check payable to IndyMac Mortgage Services, a Division of OneWest Bank 2) Do not staple your payment to your billing statement 3) Write your loan number on your check or money order 4) Do no include correspondence 5) Do not send Cash 6) Mail your payments to: IndyMac Mortgage Services, a Division of OneWest Bank P.O. Box 78826 Phoenix, AZ 85062-88026 K 4.., OneWest Bank.. 7196 9006 9295 1725 S425 CONSUMER CREDIT COUNSELING AGENCIES SERVING CUMBERLAND COUNTY CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888.511.2227 888.511, 2227 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 717.762.3285 PHFA 211 North Front Street Harrisburg, PA 17110 717.780.3940 800.342.2397 Community Action Commission of Captial PA Interfaith Community Programs Inc Region 40 E High Street 1514 Derry Street Gettysburg, PA 17325 Harrisburg, PA 17104 717.334.1518 717.232.9757 V,--'_R=CA lClT ' w - T ,-rot=-d n ai ami, m S, , cr of OtiDtWest Bmk, IFEB, &mm-=? oa btL,-If of ihr- Pi au-id as m3-,L is Iaml-13 ? w? the b=in= iT=-,ds m nom? bg OzaWest Birk f= Thf-- puxpost-- of se-Tmcr op loans Terse records ( Ch rn cIU& - coup ons, c:1cctmLi ca i wed doc en , F mid ohs) mr theme by, or from of Dj---r ito=a±ion provided by, pCMons vi:L knowleti,-e of `hE ar-tiv i fy and tr?r? r ons refred?d m such icoids, and az e kept in ibe come oz bun s sr-trvziy condo-Ttd reguldy by OneWca Bark, FM- I ma arfhoaized to nake , vezjfj?on on beha? f of P1 ;,:,-,t;,T End herby 7c-Ziiy thK fhe ia-u set fo-Tlh M the foregoing COMP IlUt in v _ Mo L t?clage Forzclo= are true ad D=(--ft to the best of mp l-nnlRic-;3 ge, i?so= as?an, belief. I Lm f-,Z ? ll n frlse A Mls kerem are madam snbj ect to the pe1-11es of P a_ C.-S. ?4904, relaiinD to maswom fal?m±lon to airdioiitic& D-?=?: CA I w5l 1 ? 0:0?West BED, L b f of 1e Kristen L. Rieger 'I'-h-ie_ Assistant secretary SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff i !_ E D 1` 0' I Jody S Smith Chief Deputy '1911 SEP 30 PM 2: 33 Richard W Stewart ? , ,r Solicitor . r "E.1h9Ef,§i3 ?tU? r PENNSY'.' AMIP° Deutsche Bank National Trust Company vs. Case Number Dang Brian Pham (et al.) 2011-7285 SHERIFF'S RETURN OF SERVICE 09/21/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: United States of America, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 09/26/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Occupant of 8 Penns Way Road, Mechanicsburg, Pennsylvania 17050, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 8 Penns Way Road, Mechanicsburg, Pennsylvania 17050 is vacant. 09/26/2011 01:27 PM - Dauphin County Return: And now September 26, 2011 at 1327 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: The United States of America by making known unto Phyllis Mitchell, Legal Assistant Supervisor for The United States of America at 228 Walnut Street, Suite 220, Federal Building, Harrisburg, Pennsylvania 17108 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/26/2011 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Dang Brian Pham, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Dang Brian Pham. Request for service at 8 Penns ay Road, Mechanicsburg, Pennsylvania 17050 is vacant. SHERIFF COST: $89.00 September 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF C: Gouttysi ie1 ,s 't. ir;;. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar 4 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS ;.rte li:L .. '(:0TH0NO i'A?, !L 11 OCT - 6 AH 10: 4 D `." IiMDERLAND COUNT`' PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff ajW4 440.00 Pd 01 Ck 1* 3(c 3$tLQ 12-a aid SIALk SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?Qtit?ttr ?t 4 u ?t?far????? T,FFu E ,`F -r, ;"?RIKF f'031 OCT 2G 8 E k -A1,iLa i?U$ir31 Deutsche Bank National Trust Company Case Number vs. 2011-7285 Dang Brian Pham (et al.) SHERIFF'S RETURN OF SERVICE 10/07/2011 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Dang Brian Pham, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 10/13/2011 08:05 AM - Dauphin County Return: And now October 13, 2011 at 0805 hours I, Jack Lotwick, Sheriff of Dauphin County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dang Brian Pham by making known unto himself personally, at 1184 S. Cameron Street, Harrisburg, Pennsylvania 17104 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 October 18, 2011 d CounTYSUO Shentt. Teleosoft. Inc. SO ANSWERS, RON R ANDERSON, SHERIFF SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS -.11 ', ?t L O CGUNTY y NB s YI_V I A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $727,635.06 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 $690,491.42 Interest through February 9, 2012 $26,154.37 Late Charges $310.10 Escrow Advances $7,204.17 Appraisal Fees $95.00 Recoverable Corp ADV $1,694.50 Attorney Fees & Costs of Foreclosure $1,685.50 TOTAL BY. Z?) Z---, $727,635.06 Christopher A. DeNardo, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and ag st the fend s and damages are assessed as above in the sum of $727,635.06. Pro. 11-039902 aM4 ?'/Ca.SO?la C? ?t ??O s?sa R-A- a -71 y4.2 1\)P%r-K n n AA, ?n_l SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF , VS. ' ; Dang Brian Pham a/k/a Brian Dang Pham 8 Penns Way Road ; Mechanicsburg, PA 17050 ; DEFENDANTS STATE OF: Texas COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: // - a B COUNTY OF: Travis AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. OneWest Bank, FSB pn behalf of Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan T 06-14 By: ZIA NAME: mond Liauw TITLE: Assistant Secretary Sworn to and subscribed before me this day of OCT 17 ton 2011. , Notary Public 11-039902 .rro COLLEEN MARA ASHLEY Notary Public, State of Texas 3;?. My Commission Expires ;•` July 26, 2015 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 1 1-03 9902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS 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, November 4, 2011 to the following Defendants: Dang Brian Pham alkla Brian Dang Pham, 1184 S. Cameron Street, Harrisburg, PA 17104 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 Lnna Sharkey, egal Assistant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 1 1-03 9902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Dang Brian Pham a/k/a Brian Dang Pham DATE OF NOTICE: November 4, 2011 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. NOTMICACION BIPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la action debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente pars tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Dang Brian Pham a/k/a Brian Dang Pham, 1184 S. Cameron Street, Harrisburg, PA 17104 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 ZA. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 E"PORTANT NOTICE TO: United States of America DATE OF NOTICE: November 4, 2011 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. NOTMCACION UAPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame 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: Dang Brian Pham a/k/a Brian Dang Pham, 1184 S. Cameron Street, Harrisburg, PA 17104 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 Christopher. A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-7285 CERTIFICATE OF SERVICE I, Christopher A. DeNardo, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Dang Brian Pham a/k/a Brian Dang Pham, 1184 S. Cameron Street, Harrisburg, PA 17104 United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17108 Date Mailed: a " SHAPIRO & DeNARDO, LLC BY: ??%-- -, Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as ; Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006- 14 888 E. Walnut Street Pasadena, CA 91101 and that the last known addresses of the judgment debtors (Defendants) are: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 SHAPIRO & DeNARDO, LLC BY:? Christopher A. DeNardo, Esquire Attorney for Plaintiff 11-039902 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: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 Deutsche Bank National Trust Company, as ; Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and ; United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylva ' you are hereby notified that Judgment has been entered against you in the above procee g as indicaV4 I elow. 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 CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. 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: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 DEFENDANTS NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you Tw. he otified tha ? Blow. Judgment has been entered against you in the above proceeding as ' 'ca , i 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 CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for HARBORVIEW MORTGAGE LOAN TRUST 2006-14 Plaintiff (s) From DANG BRIAN PHAM A/K/A BRIAN DANG PHAM AND UNITED STATES OF AMERICA (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: $727,635.06 L.L.: $.50 Interest February 10, 2012 to June 6, 2012 is $ 8,821.33 Atty's Comm: % Due Prothy: $2.25 Arty Paid: $275.50 Other Costs: Plaintiff Paid: Date: 2/23/12 ka-&J David Buell, Prothono / (Seal) /1 Ooh Cs. /?J' Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 78447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DI VISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other Deutsche Bank National Trust Company, as File No. ?- 7 o?g S ( 11 Trustee for HarborView Mortgage Loan Trust ; Amount Due $727,635.06 2006-14 Interest February 10, 2012 to June A-?20,Q '. PLAINTIFF is $8,821.33 :? Atty's Comm , Costs cn r- vs. _ 'C CD C"` t_ r _i Dang Brian Pham a/k/a Brian Dang Pham and 3 C= 'o ` °n; United States of America -- cn DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: d_ a H a QN.?- ? ??. 5C 2M. 00 F 3?. M tt, Signature: _ Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff UUU Supreme Court ID # PA Bar # 78447 0)(9-06"" lo.pc?un 1 to ? SO ?? to a. s? « k (9 15, ?, .sow C k__41 o 2_4+ a -»(ld-,Q bf e?_ TssLea ALL THAT CERTAIN LOT OR PIECE OF GROUND, SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULAR BOUNDED AND DESCRIBED IN THE FINAL SUB-DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK-HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 56, PAGE 36, AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF PENNS WAY ROAD (50 FEET RIGHT-OF-WAY), AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF-WAY INTERSECTION OF PENNS WAY ROAD AND NORTHWATCH LANE; THENCE ALONG A RADIAL LINE ALONG LOT #27, NORTH 15 DEGREES 24 MINUTES 52 SECONDS EAST, A DISTANCE OF 446.42 FEET TO AN IRON PIN; THENCE ALONG LOTS #20 AND #21, SOUTH 43 DEGREES 50 MINUTES 32 SECONDS EAST, A DISTANCE OF 442.32 FEET TO AN IRON PIN; THENCE ALONG LOT #25, SOUTH 24 DEGREES, 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 352.96 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT- OF-WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.43 FEET TO AN IRON PINE; THENCE STILL ALONG THE RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET AND AN ARC LENGTH OF 194.78 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. PARCEL NO. 38-07-0461-052 BEING THE SAME PREMISES WHICH BRIAN DANG PHAM AND NHIEN N. NGUYEN, HUSBAND AND WIFE, BY DEED DATED JUNE 15, 2006 AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE ON JULY 12, 2006 IN DEED BOOK 275, PAGE 3093, GRANTED AND CONVEYED UNTO BRIAN DANG PRAM, A MARRIED MAN. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian. Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS r i 0 TA L =1" FE 5- 23 AM 9. -?BE?IRLAND COUNT'' `)ENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, 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 8 Penns Way Road, Mechanicsburg, PA 17050. Name and address of Owner(s) or Reputed Owner(s) Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 2. Name and address of Defendants in the judgment: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 888 E. Walnut Street Pasadena, CA 91101 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, Plaintiff 888 E. Walnut Street Pasadena, CA 91101 Name and address of every other person who has any record lien on the property: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 United States of America Office of the Attorney General, U.S. Department of Justice Room 5111, Main Justice Building, 10th & Constitution Washington, DC 20530 Internal Revenue Service WM S. Moorehead Federal Bldg. Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 8 Penns Way Road Mechanicsburg, PA 17050 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. SHAPIRO & DeNARDO, LLC BY: L? Christopher A. DeNardo, Esquire; 11-039902 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 23 li M J 3600 HORIZON KING OF PRUSSIA, PA 19406E 150 ?0 T'r TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for HarborView Mortgage Loan Trust CIVIL DIVISION 2006-14 CUMBERLAND COUNTY PLAINTIFF VS. NO: 11-7285 Dang Brian Pham a/k/a Brian Dang Pham and ; United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 Your house (real estate) at: 8 Penns Way Road, Mechanicsburg, PA 17050 38-07-0461-052 is scheduled to be sold at Sheriffs Sale on June 6, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at l O:OOAM to enforce the court judgment of $727,635.06 obtained by Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 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 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court t:o strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. 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. 5. 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. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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. 8. 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. 9. 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. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff 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. 11. 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. 11-039902 ALL THAT CERTAIN LOT OR PIECE OF GROUND, SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULAR BOUNDED AND DESCRIBED IN THE FINAL SUB-DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK-HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 56, PAGE 36, AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF PENNS WAY ROAD (50 FEET RIGHT-OF-WAY), AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF-WAY INTERSECTION OF PENNS WAY ROAD AND NORTHWATCH LANE; THENCE ALONG A RADIAL LINE ALONG LOT #27, NORTH 15 DEGREES 24 MINUTES 52 SECONDS EAST, A DISTANCE OF 446.42 FEET TO AN IRON PIN; THENCE ALONG LOTS #20 AND #21, SOUTH 43 DEGREES 50 MINUTES 32 SECONDS EAST, A DISTANCE OF 442.32 FEET TO AN IRON PIN; THENCE ALONG LOT #25, SOUTH 24 DEGREES, 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 352.96 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT- OF-WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.43 FEET TO AN IRON PINE; THENCE STILL ALONG THE RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET AND AN ARC LENGTH OF 194.78 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. PARCEL NO. 38-07-0461-052 BEING THE. SAME PREMISES WHICH BRIAN DANG PHAM AND NHIEN N. NGUYEN, HUSBAND AND WIFE, BY DEED DATED JUNE 15, 2006 AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE ON JULY 12, 2006 IN DEED BOOK 275, PAGE 3093, GRANTED AND CONVEYED UNTO BRIAN DANG PHAM, A MARRIED MAN. 5 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 FILED-OFFIC!' J+- THE PRO HON TAR 20{2 APR 20 PM 2* f!9 CU pENNS tVANIA TY Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS ORDER COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 AND NOW, this d&W day of 20/ g, upon consideration of Plaintiffs Motion for Service Pursuant to Court Order, Affidavit of Good Faith Investigation and Memorandum of Law is support thereof, and any response thereto, it is hereby ORDERED AND DECREED that Plaintiff may serve the Notice of Sale on Defendant, Dang Brian Pham a/k/a Brian Dang Pham, by (1) sending true and correct copies thereof by simultaneous certified and regular mail to the last known address located at 1184 S. Cameron Street, Harrisburg, PA 17104; and (2) posting a true and correct copy thereof on the mortgaged property located at 8 Penns Way Road, Mechanicsburg, PA 17050 by the Sheriff or any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailings (26 P / rnla c U?cc 04k( e. -bE)U&U(6 BY THE COURT: J. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage ;Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS ? I - ,1 a r COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendants by certified and regular mail, to the last known address of said Defendants as follows: Dang Brian Pham a/k/a Brian Dang Pham, 1 184 S. Cameron Street, Harrisburg, PA 17104, United States of America, 228 Walnut Street, Federal Building, P.O. Box 11754, Harrisburg, PA 17 108 on April 27, 2012 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: 5- I ---1 - SHAPIRO & DeNARDO. LLC BY: Meghan Williams Legal Assistant 11-039902 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for Harbot-View Mortgage Loan Trust 2006-14 PLAINTIFF VS - 6 s , ILU 12 MIR 20 P 2' _3 CUMBE 1 Air t.dv . p r N?iu r !-VA 14 1A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 Dan(, Brian Pham a/k/a Brian Dang, Pham and United States of America DEFENDANTS ORDER AND NOW, this day of _2s , 20i_Z, upon consideration of Plaintiff s :Motion for Service Pursuant to Court Order, Affidavit of Good Faith Investigation and Memorandum of Law is support thereof, and any response thereto, it is hereby ORDERED AND DECREED that Plaintiff may serve the Notice of Sale on Defendant, Dang Brian Pham a/k/a Brian Dang _Pham, by (1) sending true and correct copies thereof by simultaneous certified and regular mail to the last known address located at 1184 S.. Cameron Street, Harrisburg, PA 17104; and (2) posting a true and correct copy thereof on the mortgaged property located at 8 Penns Way Road, Mechanicsburg, PA 17050 by the Sheriff or an% competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a. Certificate of Service as to such mailings BY THE COURT: ,' .l MW 11-039902 U.S. POSTAL SERVICE TE MAY BE USED FOR DOMESTIC AND INTERNATIONAL' MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Sha iro and Kreisman LLC 3600 Horizon Drive, Ste.150 Kinv- Of Prussia, PA- 19406 One piece of ordinary mail addressed to: Pham ai k/a Bz? ?n Dane Pal r DanY Brian 1184 S Camgr^n Street Harrisburg PA 171 PS Form 3817, January 2001 { Imps nd of rent Postal i U.S. a CERTIFIED MAILT. RECEIPT D• OWY; No Insurance Coverage Ln Ir _- -= - L'r astaq , ru -t'iede-? (?( [? L-2.- Retum Hecoipt re= j - C:3 i(;ndorsement Rnquirec) r?EVe O lestrictee Delivery f-ee I C:3"F ndorsement Required', i U Dial Postage & Fees --- ---._W... C7 i yet Ap.!. No. 7 PO Oox'vc. )J_ Yves\re_ -..... State, e IP+:' moo.{rrsb??tt; P? t "? IU?-? r nn? SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF vs. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Deutsche Bank National "Crust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, 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 May 4, 2012, the originals of which are attached and that each of said persons appears on Plaintiff s 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 & DeNARDO. LLC BY: Meghan Williams Legal Assistant 11-039902 L 2ui u eioad --- - - y not uuguoo .injvO!S LL uOIjPUUg OD / .JOAi 2Q . d j G C? d 2 - C E 7 44 _ cn _ s w Q N V m os (6 a -: a m f0 ) = m m a a N E S ---..-__ - G U C' CO O N m N Em 0 (n j V m u0i m ? ? ? xh? a m EL LL a c U O U O _ m d C N O a OI O m ?, O m CL E C as O C > 0 o \ U U a 0 as ?? a E v \. 'O N ` U Of .O. c C3 `TJ Or \ . V '._+ > N O N N N n 6' (n 2' 2' m ro C Q O > O, ???? w ch CA V 'a ? ? 0117 U .? ? ? 'o 'v o S ? C1 p E v o Q) v o v c Z2 E m U 4) °o o c o N w_ N v °_ C7 _ ,o x '?- '? y N 4J y (y N N '-' U U N ?V Q1 N rn N O 7 O' C` Q Q V C y Q Q > y N o tO>_ n? u? V V T V O 0. ' U C [%l 0. ° dQ ai al r c v o C°" O a? EUN N N ul O N x u r): C U w 0?D n o o x `- on ????? 45 a F L a L EM ro 'cNO c`a 'c °o ? °o a=io- amax x3 3 a F-o 2 a0 E o U - o -U ?Nn •, ..i d . - U ) O I `0 0 a z > ' a \ ? FO- K ? O Z N (Q .?..7 'f rn O p V Q a y 'O > 3 ? ? U N cD _ 0. F a ) 'z 10 d O ' a Q N o, O N ` -0 O 0. o (n R O w0 _ Z E cd O .Y c I m m L p 7 z V] M V, '.? N M v (6 I? ap O.N F- J .1; fC C N 3 d a T d d G E 0 N 0 rn N O O N m 2 O LL oo Cl) E O LL I f IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HARBOR VIEW MORTGAGE LOAN TRUST 2006-14; et seq. Plaintiff (Petitioner) V. CASE and/or DOCKET No.: 11-7285 Sheriffs Sale Date: 6/6/2012 DANG BRIAN PRAM A/K/A BRIAN DANG PHAM; et al. Defendant (Respondent) _. ttv _. , AFFIDAVIT OF SERVICE i i.. J Complaint Summons / Other: NOTICE OF SALE 1. RYAN MARKS. certify that I am eighteen years of age or older and that I am not a parry to the action nor an employee nor rclativc4a party , and that I attempted to serve UNITED STATES OF AMERICA the above process on the 1 day of March, 2012, at 12:40 o'clock, PNL at 228 WALNUT ST. FEDERAL BUILDING. PO BOX 11754 HARRISBURG, P.A 17108. County, of Cumberland. Commonwealth of Pennsylvania: Manner of Service: By handing a cop} to: An officer. partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* s The manager. clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action * An agent authorized by the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action * * Name: SUSAN MELENDEZ Relationshipfl'itle/Position: ADMINISTRATIVE ASSISTANT Remarks: Description: Approximate Age 46-50 Height 5'5 Weight 150 Race WHITE Sex FEMALE Flair BLONDE Commonwealth/State of OA County of 136p1c1 SS: Before me, the undersi e notary public, this day, personally, appeared 4-- i& s being duly sworn accor i j to law, deposes the following: I hereby swear or aftirrtf;/f[t the facts set forth in the foregoing Affidavit of Service are true and correct. (S of Affiant) File Number: 11-039902 _ to me known, who Subscribed and s r to before me this _2- day /N?.? 20/L COMMONWEALTH OF PENNSYLVANIA Notary Public Notartai Seal Eric M. Aftkeftch, Notary PUNIc Washington Twp., Berks County My Commission Expires Nov. 18, 2013 235 SOUTH 13TH STREET B PHILADELPHIA, 6- 19107 PHONE: (215) 546-7400 FAX; (215) 985-0169 B!S'YSC?/ t01' PrOr!//?OnOr? raC. Deutsche Bank National Trust Company, et al 5 Nsllona/Assodarron or PAAadoWds AssodaVon Profssslonel Process Servers of Praless;wref Process Servers COURT Court of Common Pleas of Pennsylvania -VS- COUNTY Cumberland County Dang Brian Pharn alkla Brian Dang Pham,et al CASE NUMBER 11-7285 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: B&R Control # CS092997 -1 COUNTY OF PHILADELPHIA Reference Number 11-039902 SERVICE INFORMATION On 25 day of April, 2012 we received the Notice of Sheriff Sale i for seRfice upon Dang Brian Pham alk/a Brian Dang Pham at S Penns Way Road Mechanicsburg, PA 17050 Special Instructions D;q Served Date G Time Accepted By:TC _?---_-_-- In the manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging Agent or person in charge of office or usual place of business Other f nt .fii f t,ere rq 7'0 ltc tr+l . c Description of Person Age .^ Height Weight Race Other Not Served Date Time Not Served Information CI Moved ? Unknown (] No Answer [] Vacant F-1 Other The Process Server, being duly sworn, I deposes and says that the facts set forth L herein are true and correct to the best of their knowledge, information an elief. Process Serverf6her9f JA?'L Law Firm Phone (610)278-6800 For Meghan Williams Shapiro and DeNardo LLC 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 TH John F. Shinkowsky, Notary Public Lower Paxton Twp., Dauphin County ly Commissbn "res Sept. 28, 2014 Sex Sworn to and subscribed before me this ((` day of Notaryublic ServeBy Date 515/2012 Filed Date Sale Date 6/512012 i bw 116VC ORIGINAL SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 4,0111113 at Caar;brrl?? Jody S Smith 4,0111113 ' Chief Deputy Richard W Stewart Solicitor Deutsche Bank National Trust Company vs. Case Number Dang Brian Pham (et al.) 2011-7285 SHERIFF'S RETURN OF SERVICE 03/20/2012 05:41 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 8 Penns Way, Mechanicsburg, PA 17070, Cumberland County. 06/05/2012 As directed by Christopher Denardo, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/8/2012 06/07/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $806.28 June 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF S! r' 1- 1U.4,71 ?6 34, 0 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, 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 8 Penns Way Road, Mechanicsburg, PA 17050. 1. Name and address of Owner(s) or Reputed Owner(s) Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 2. Name and address of Defendants in the judgment: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-1.4 888 E. Walnut Street Pasadena, CA 91101 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, Plaintiff 888 E. Walnut Street Pasadena, CA 91101 5. Name and address of every other person who has any record lien on the property: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 United States of America Office of the Attorney General, U.S. Department of Justice Room 5111, Main Justice Building, 10th & Constitution Washington, DC 20530 Internal Revenue Service WM S. Moorehead Federal Bldg. Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 8 Penns Way Road Mechanicsburg, PA 17050 f 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: SHAPIRO & DeNARDO, LLC Christopher A. DeNardo, Esquire 11-039902 SHAPIRO & DeNARDO, L•LC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for HarborView Mortgage Loan Trust CIVIL DIVISION 2006-14 CUMBERLAND COUNTY PLAINTIFF VS. NO: 11-7285 Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 Your house (real estate) at: 8 Penns Way Road, Mechanicsburg, PA 17050 38-07-0461-052 is scheduled to be sold at Sheriffs Sale on June 6, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $727,635.06 obtained by Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 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 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. 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. 5. 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. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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. 8. 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. 9. 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. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff 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. 11. 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. 11-039902 ALL THAT CERTAIN LOT OR PIECE OF GROUND, SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULAR BOUNDED AND DESCRIBED IN THE FINAL SUB-DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK-HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 56, PAGE 36, AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF PENNS WAY ROAD (50 FEET RIGHT-OF-WAY), AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF-WAY INTERSECTION OF PENNS WAY ROAD AND NORTHWATCH LANE; THENCE ALONG A RADIAL LINE ALONG LOT #27, NORTH 15 DEGREES 24 MINUTES 52 SECONDS EAST, A DISTANCE OF 446.42 FEET TO AN IRON PIN; THENCE ALONG LOTS #20 AND #21, SOUTH 43 DEGREES 50 MINUTES 32 SECONDS EAST, A DISTANCE OF 442.32 FEET TO AN IRON PIN; THENCE ALONG LOT #25, SOUTH 24 DEGREES, 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 352.96 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT- OF-WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.43 FEET TO AN IRON PINE; THENCE STILL ALONG THE RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET AND AN ARC LENGTH OF 194.78 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. PARCEL NO. 38-07-0461-052 BEING THE SAME PREMISES WHICH BRIAN DANG PHAM AND NHIEN N. NGUYEN, HUSBAND AND WIFE, BY DEED DATED JUNE 15, 2006 AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE ON JULY 12, 2006 IN DEED BOOK 275, PAGE 3093, GRANTED AND CONVEYED UNTO BRIAN DANG PRAM, A MARRIED MAN. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for HarborView Mortgage Loan Trust CIVIL DIVISION 2006-14 CUMBERLAND COUNTY PLAINTIFF ; VS. NO: 11-7285 Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 Your house (real estate) at: 8 Penns Way Road, Mechanicsburg, PA 17050 38-07-0461-052 is scheduled to be sold at Sheriffs Sale on June 6, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $727,635.06 obtained by Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 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 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. 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. 5. 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. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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. 8. 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. 9. 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. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff 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. 11. 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. 11-039902 ALL THAT CERTAIN LOT OR PIECE OF GROUND, SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULAR BOUNDED AND DESCRIBED IN THE FINAL SUB-DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK-HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 56, PAGE 36, AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF PENNS WAY ROAD (50 FEET RIGHT-OF-WAY), AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF-WAY INTERSECTION OF PENNS WAY ROAD AND NORTHWATCH LANE; THENCE ALONG A RADIAL LINE ALONG LOT #27, NORTH 15 DEGREES 24 MINUTES 52 SECONDS EAST, A DISTANCE OF 446.42 FEET TO AN IRON PIN; THENCE ALONG LOTS #20 AND #21, SOUTH 43 DEGREES 50 MINUTES 32 SECONDS EAST, A DISTANCE OF 442.32 FEET TO AN IRON PIN; THENCE ALONG LOT #25, SOUTH 24 DEGREES, 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 352.96 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT- OF-WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.43 FEET TO AN IRON PINE; THENCE STILL ALONG THE RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET AND AN ARC LENGTH OF 194.78 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. PARCEL NO. 38-07-0461-052 BEING THE SAME PREMISES WHICH BRIAN DANG PHAM AND NHIEN N. NGUYEN, HUSBAND AND WIFE, BY DEED DATED JUNE 15, 2006 AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE ON JULY 12, 2006 IN DEED BOOK 275, PAGE 3093, GRANTED AND CONVEYED UNTO BRIAN DANG PHAM, A MARRIED MAN. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-7285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee for HARBORVIEW MORTGAGE LOAN TRUST 2006-14 Plaintiff (s) From DANG BRIAN PRAM A/K/A BRIAN DANG PHAM AND UNITED STATES OF AMERICA (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: $727,635.06 L.L.: $.50 Interest February 10, 2012 to June 6, 2012 is $ 8,821.33 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $275.50 Other Costs: Plaintiff Paid: Date: 2/23/12 David D. B 1, Prothonotary (Seal) Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 TRUE COPY FROM RECORD In Testimony whereof, l here unto set my hand and the sea) of said ra?t Carlisle, Pa. This 42 9 day of ±LL)_- 201.9_ Proth otary Supreme Court ID No. 78447 On March 12, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA, known and numbered 8 Penns Way Road, Mechanicsburg, PA 17050 more fully described on Exhibit"A" filed with this writ and by this reference incorporated herein. Date: March 12, 2012 By: For Claudia Brewbaker, Real Estate Coordinator f ?UL _J -1 Writ No. 2011-7285 Civil Term N. Nguyen, husband and wife, by Deed Dated June 15, 2006 and Re- Deutsche Bank National corded in the Cumberland County Trust Company, as Trustee Recorder of Deeds Office on July 12, for HarvorView Mortgage 2006 in Deed Book 275, Page 3093, Loan Trust 2006-14 Granted and Conveyed unto Brian vs. Dang Pham, A Married Man. Dang Brian Pham a/k/a Brian Dang Pham and United States of America Atty.: Christopher A. DeNardo ALL THAT CERTAIN lot or piece of ground, situate in Silver Spring Town- ship, Cumberland County, Pennsyl- vania, more particular bounded and described in the final sub-division plan of Rich Valley Manor prepared by Whittock-Hartman and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56, Page 36, as follows: BEGINNING at a point located on the northern right-of-way line of Penns Way Road (50 feet right-of- way), and referenced in an easterly direction a distance 239.48 feet to the right-of-way intersection of Penns Way Road and Northwatch Lane; thence along a radial line along Lot #27, North 15 degrees 24 minutes 52 seconds East, a distance of 446.42 feet to an iron pin; thence along Lots #20 and #21, South 43 degrees 50 minutes 32 seconds East, a distance of 442.32 feet to an iron pin; thence along Lot #25, South 24 degrees, 37 minutes 23 seconds West, a distance of 352.96 feet to an iron pin; thence along the right-of-way of Penns Way Road, North 44 degrees 49 minutes 30 seconds West, a distance of 158.43 feet to an iron pine; thence still along the right-of-way line on a curve to the left having a radius of 375.00 feet and an arc length of 194.78 feet to a point, said point be- ing the place of BEGINNING. PARCEL NO. 38-07-0461-052. BEING THE SAME PREMISES which Brian Dang Pham and Nhien PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: April 27, May 4, and May 11, 2012 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. 'sa arie Coyne, Edito SWORN TO AND SUBSCRIBED before me this 1 day of May, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28.2014 The Patriot-News Co. "020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE i4ePatriot•llews 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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 t. This ad ran on the date(s) shown below: 04/27/12 05/04/12 05/11/12 ! A. D. - -----! . ___ COMMONWEALTH OF PENNSYLVANIA Notarial Sad Sherrie L. Owens, Notary Public Lower Paxton Twp., Dauphln County my Commifton IraB NOV. 16 1015 MEMBER, PENNSYLV '"Utsche Bank National Trust COMPany, for arvorView Mortgage Loan Trust 2006-14 Dang Brian Pham Dang Pham ands Brian United States of America Atty, Christopher A. Denardo All That Certain Lot Or Piece Of Ground, Situate In Silver Spring Township, Cumberland County, Pennsylvania More Particular Bounded And Described in The Final Sub-Division Plan Of Rich Valley Manor Prepared By Whittock. Hartman And Recorded in The Office Of The Recorder Of Deeds In And For Cumberland County, Pennsylvania In Plan Book 56, Page 36, As Follows. Beginning At A Point Located On The Northern Right-Qf-Way Line Of Penns Way Road (50 Feet Right-Of--Way), And Referenced In An Easterly Direction A Distance 239.48 Feet To The Right-Of-Way Intersection Of Penns Way Road And dorthwatch Lane; Thence Along A Radial 1d0119 Lot #27, North 15 Degrees 24 Minutes 52 Seconds East, A Distance Of 446.42 Feet To An Iron Pin. Thence Along lots #20 And #21, South 43 Degrees 50 Minutes 32 Seconds East, A Distance of 442.32 Feet To An Iron Pin; Thence Along Lot #25, South 24 Degrees, 37 Minutes 23 Seconds West, A Distance Of 352.96 Feet To An Iron Pin; Thence Along The Right-Of-Way of Penns Way Road, North 44 Degrees 49 Minutes 30 Seconds West, A D'stance Of 158.43 Feet To An Iron Pine; Thence Still Along The Right-Of-Way Line On A Curve To The Left Having A Radius Of 375.00 Feet And An Arc Length Of 194.78 Feet To A Point, Said Point Being The Place Of Beginning. Parcel No. 38-07-0461-052 Being The Same Premises Which Brian Dang Pham And Nhien N. Nguyen, Husband And Wife, By Deed Dated June 15, 2006 And Recorded In The Cumberland County Recorder Of Deeds Office On July 12, 2006 In Deed Book 275, Page 3093, Granted And Conveyed Unto Brian Dang Pham, A Married Man. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS TA, 12 All 9: r 't'48ERL,4p Colin ' r rqs Lva1rt;. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: It is hereby suggested of record that Dang Brian Pham a/k/a Brian Dang Pham Defendant in the above captioned case has filed Bankruptcy under Chapter BK 7, under Docket No. 12- 00092 on March 29, 2012, in the Middle District of Pennsylvania and the above captioned Action in Mortgage Foreclosure is accordingly stayed during the pendency of the Bankruptcy. BY: -' Christopher A. DeNardo, Esquire Attorney for Plaintiff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-7285 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2006-14 Plaintiff (s) From DANG BRIAN PHAM A/K/A BRIAN DANG PHAM AND UNITED STATES OF AMERICA (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: $727,635.06 L.L.: $.50 Interest FEBRUARY 24, 2012 TO DECEMBER 5, 2012 IS $21,378.50 Atty's Comm: Yo Atty Paid: $1,107.78 PlaintifT Paid: Due Prothy: $2.25 Other Costs: Date: JULY 3, 2012 David D uell, Protho a AUt (n Al ('Seal) By- I Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 78447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF vs. Dang Bri an Pham a/k/a Brian Dang Pham and United States of America DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: O Confessed Judgment () Other File No. 1, 101 ?S Amount Due $727,635.06 Interest February 24, 2012 to Decemb er 5, 2012 is $21,378.50 SF Atty's Comm i _ Costs wl _ _ -- ? -.4 ` Z Fn e. - - r ?-- - cznr- r r ? cf v rn o? v w zo ? o O The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: D a aka $as. sc? 00 3-7 OO 1111 8o? a S u 0o to It )0.60 fill, so u" a4. so It ?. oo . -7F F8 at I I Signature: Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 78447 . ?? LL_ Cif ?1?83a5 rV5ZLXnJ kr) 00 N r O w w a> C y g W ? M h 4? O U O OF A ?° A R ? 0 0yn ,VQ O V ? ay+ ?Yy" G? M A CJ) c .ti C u w a? A QV A a ? A ? o R U ? a C ?Q bA CE A au ? b . ? • O w ? Irl Q " O ? i O" H W 0 ? a ? O G=, U a, - w V '?'? a ? H y? W d CAS v? ? x U ° a G. b N a S". L N U UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In Re: : Chapter 7 : Case No. 1:11-bk-07630-MDF BRIAN M. PHAM xxx-xx-9330 Debtor. 11 U.S.C. § 362(d) OneWest Bank, FSB., as servicing agent for Deutsche Bank National Trust Company as Trustee for HarborView Mortgage Loan Trust 2006-14 Movant, V. BRIAN M. PRAM: Debtor, And Leon P. Haller, Esquire Trustee, Respondent. ORDER MODIFYING §362 AUTOMATIC STAY Upon the application of PARKER McCAY P.A. Attorneys for OneWest Bank, FSB., as servicing agent for Deutsche Bank National Trust Company as Trustee for HarborView Mortgage Loan Trust 2006-14, its successors and/or assigns ("Movant"), under 11 U.S.C. § 362(d) for relief from the automatic stay as to certain real property as hereinafter set forth, and for cause shown; IT IS ORDERED as follows: The automatic stay of ]I 1 U.S.C. § 362(a) is vacated to permit the Movant to institute, or resume, and prosecute to conclusion one or more actions in the court(s) of appropriate jurisdiction to pursue the Movant's rights in the following property described below Case 1:11-bk-07630-MDF Doc 12 Filed 01/24/12 Entered 01/25/12 11:38:28 Desc Main Document Page 1 of 2 to the extent and in the manner provided by any applicable contract documents and non- bankruptcy law. 8 Penns Way Road, Mechanicsburg, Pennsylvania 17050 2. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this Order granting relief from the automatic stay. The Movant may join the Debtor and any Trustee appointed in this case as defendants in its action(s) irrespective of any conversion to any other chapter of the Bankruptcy Code. By the Court, 7;jft.. 4?240. Chief Bankruptcy Judge (JG) Dated: January 24, 2012 Case 1:11-bk-07630-MDF Doc 12 Filed 01/24/12 Entered 01/25/12 11:38:28 Desc Main Document Page 2 of 2 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO,. ESQUIRE ATTORNEY I.D. NO: PA Bar # 784,17 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham alk/a Brian Dang Pham and United States of America DEFENDANTS FILED -- OFICE 4? - THE PROTHIMOTARY 2012 JUL -3 APB 10: 21 CUMBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-7285 AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, 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 8 Penns Way Road, Mechanicsburg, PA 17050. 1. Name and address of Owner(s) or Reputed Owner(s) Dang Brian Pham alk/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 2. Name and address of Defendants in the judgment: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for Harborview Mortgage Loan Trust 2006-14 888 E. Walnut Street Pasadena, CA 91101 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for Harbo:rView Mortgage Loan Trust 2006-14 888 E. Walnut Street Pasadena, CA 91101 5. Name and address of every other person who has any record lien on the property: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 United States of America Office of the Attorney General, U.S. Department of Justice Room 5111, Main Justice Building, 10th & Constitution Washington, DC 20530 Internal Revenue Service WM S. Moorehead Federal Bldg. Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale:: TENANT OR OCCUPANT 8 Penns Way Road Mechanicsburg, PA 17050 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. SHAPIRO & DeN DO, L4C BY: Christopher A. DeNardo, Esquire 11-039902 L' -OFFIC" SHAPIRO & DeNARDO, LLC of +¢ f, PRoTHTI W,'t BY: CHRISTOPHER A. DeNARDO, ESQUIRE 2012 JUL - 3 AM !0: 2 2 ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 COUMBERLAND COUNT KING OF PRUSSIA, PA 19406 PENNSYLVANIA TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for HarborView Mortgage Loan Trust CIVIL DIVISION 2006-14 CUMBERLAND COUNTY PLAINTIFF VS. NO: 11-7285 Dang Brian Pham a'k/a Brian Dang Pham and United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 Your house (real estate) at: 8 Penns Way Road, Mechanicsburg, PA 17050 38-07-0461-052 is scheduled to be sold at Sheriffs Sale on December 5, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $727,635.06 obtained by Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 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 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. 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. 5. 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. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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. 8. 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. 9. 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. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff 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. 11. 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. 11-039902 ALL THAT CERTAIN LOT OR PIECE OF GROUND, SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULAR BOUNDED AND DESCRIBED IN THE FINAL SUB-DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK-HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 56, PAGE 36, AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF PENNS WAY ROAD (50 FEET RIGHT-OF-WAY), AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF-WAY INTERSECTION OF PENNS WAY ROAD AND NORTHWATCH LANE; THENCE ALONG A RADIAL LINE ALONG LOT #27, NORTH 15 DEGREES 24 MINUTES 52 SECONDS EAST, A DISTANCE OF 446.42 FEET TO AN IRON PIN; THENCE ALONG LOTS #20 AND #21, SOUTH 43 DEGREES 50 MINUTES 32 SECONDS EAST, A DISTANCE OF 442.32 FEET TO AN IRON PIN; THENCE ALONG LOT #25, SOUTH 24 DEGREES, 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 352.96 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT- OF-WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.43 FEET TO AN IRON PIN; THENCE STILL ALONG THE RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET AND AN ARC LENGTH OF 194.78 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. PARCEL NO. 38-07-0461-052 BEING THE SAME PREMISES WHICH BRIAN DANG PHAM AND NHIEN N. NGUYEN, HUSBAND AND WIFE, BY DEED DATED JUNE 15, 2006 AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE ON JULY 12, 2006 IN DEED BOOK 275, PAGE 3093, GRANTED AND CONVEYED UNTO BRIAN DANG PHAM, A MARRIED MAN. 235 SOUTH 13TH STREET PHILADELPHIA, PA 19107 PHONE: (215) 54&7400 FAX: (215) 985-0169 s.:.tew ter >rnteeeioaeL lac. nratbner asaoclerron a Auoarfreon Profeatione/ Process Ssners a ~ nar Process 3sr~ Deutsche Bank National Trust Company, et al COURT Court of Common Pleas of Penn ylvania -vs- ' COUNTY Cumberland iCounty Dang Brian Pham a/k/a Brian Dang Pham,et al CASE NUMBER 11-7285 AFFIDAVIT OF SERVICE c-a ..a COMMONWEALTH OF PENNSYLVANIA: B&R Control # IC$QgaQ _ ~ yk ....~ COUNTY OF PHILADELPHIA: Reference Number 11-039902 ~~ ~ SERVICE INFORMATION m ~ ~ Q~; - t On 11 day of July, 2012 we received the ~~ ~ --~ c ~~ Q..,., Notice of SherNf Sale ~p a ~_;, for service upon United States of America ~ x at ZZ81AFainut 8tree#, Federal Building Hanislsurg, PA 1710 ~ c n ~ . """ Special Instructions `"* Served Date ', ~ 12 Time ~ ~ ~ ~ Acce d B t e Z p y: e In the manner described below. Personally served. Adult family member. Relationship is Adult in charge of residence who refused to give name and/or relationship. Manager/Clerk of place of residence lodging 0 Agent or person in charge of office or usual place of business 5 ^ Other Description of Person Age ~L Heights D(, Weight I55 Race~~~_' Sex '~.~ma~ _ Other ~'~naQ, IVa~Y _ 0 Not Served Date Time -Not Served letiformation ~ Moved ~ Unknown ~ No Answer ~ Vacant ~ Other -,- The Process Server, being duly sworn, COMMONWEALTH OF PENNSYI.VANL4 Swom'do and subscribed be me this deposes and says that the fads set forth Notargl SeN _ herein are true and correct to the best of their John F. Shinkowsky, Notary Public 3~ ay of L ~p 0N1'~ ~" Ts"P•. County knowledge, infom~ation and belief. MY Commission Ex Nes S t 2 p ep . 8, 2014 Member. Pennsvlvanls 4ssxlatlon of Notaries Process ServedBhertR' _ Notary lic Law Firm Phone (610)278-6800 For -- Meghan Williams Servel3y Date 8/4Y~012 Shapiro and DeNardo LLC Filed Date 3800 Horizon Drive / Suite 150 /2012 Sale Date 12 King of Prussia. PA 19408 ORIGINAL SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 11-039902 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 PLAINTIFF VS. Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS „' =~ .1 ..; . ; ,, e L i 5 1 31 ~/ I L /~ 1"{ .. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-7285 VERIFICATION OF SERVICE BY CERTIFIED MAIL AN_D_ REGULAR MAIL PURSUANT TO COURT ORDER 'The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true anal carrec copy of the Notice of Sale in the above-captioned case to Defendants by certified and regular mail, to the last known address of said Defendants as follows: Dang Brian Pham a1k/a Brian Dang Pham, 1184 S. Cameron Street, Harrisburg, PA 17104 on July 13, 2012 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in l8 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: _ r SHAPIRO & DeNARDO, I L,C` ~g11~> BY: %~lG 1' ~1 y~19~ ; -~.~ Laura Connor Legal Assistant 11-039902 vow 1 ~ -o,y9a2 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive Ste. l ~~ King Of Prussia, PA 19406 One piece of ordinary mail addressed to Dang Brian Pham alk/a BriarrI~~'Pha 1 184 S Cameron Street _ Harrisburg, PA 17104 PS Forrn 3$17, January 2001 ` ~ .k.'~°`~ tamps and ~ ~.., 'fi ~~'4 ~ Of t ,.ys ~ l~;~;'~ went }, ;~ , _, :i ~' ~ k o5tat , ~ ~A "~~ ~ C ~rtfled ~r ~ ~ ~~ ' O ~ RLtU(t f'act.rpl {-t ' ~ ~ _ ;,_nUoiserremFt~quc-ec; I ~. . ~.. n;tti3tk ft~re ~ .- ~ -------°-__~__ - S7 Restricted Delivery i=e : ~ (Fndorsernent Rergedrecl ~. v 'c,taf~'~stalie~fPQ i ~+ 1 ~ v 1 {`-~ ,t =: CU ~ ~ Sent 7a -._ ..v~. .. - ._~~1_ . Q_f,4.dl_ ~ _.-._. _......_ -.,_,._~.....______ .....__{ f~~Ar~ ~'~°S_ f~t~i~~~~~ar7 ~~ ~flGx~Yl:~ C7 f meet, apr : PO Bca IUO. E r e (0 t' rry srare,bP~ ~~ ~n ~ ~~~o~ ` :,, .,. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson sJ—Cr JoSheriff Smith r of club""1114 ,I T Ii E P 0 T ,0, 171% Jody S Smith � Chief Deputy � y a 1V1 314AR 20 AIM 10; 4 Richard W Stewart �"''� '°°' Solicitor OFFICE OF THE S4ERIFF CUMBERLAND E. r� i��� PENNSYLI'ANIA Deutsche Bank National Trust Company Case Number vs. Dang Brian Pham (et al.) 2011-7285 SHERIFF'S RETURN OF SERVICE 09/21/2012 04:32 PM -Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 8 Penns Way Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 09/21/2012 04:32 PM - Deputy Ryan Burgett, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 8 Penns Way Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 12/05/2012 As directed by Christopher Denardo,Attorney for the Plaintiff, Sheriffs Sale Continued to 2/6/2013 02/06/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania on February 6, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Christopher Denardo, on behalf of Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,191.72 SO ANSWERS, March 18, 2013 RON R ANDERSON, SHERIFF vv ict C.cuntySlrrSe SLeriY,Te�acsoft,Irn SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar# 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 11-039902 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for HarborView Mortgage Loan Trust ; CIVIL DIVISION 2006-14 CUMBERLAND COUNTY PLAINTIFF VS. NO: 11-7285 Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14, 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 8 Penns Way Road, Mechanicsburg, PA 17050. 1. Name and address of Owner(s)or Reputed Owner(s) Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 2. Name and address of Defendants in the judgment: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 888 E. Walnut Street Pasadena, CA 91101 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 888 E. Walnut Street Pasadena, CA 91101 5. Name and address of every other person who has any record lien on the property: United States of America 228 Walnut Street, Federal Building P.O. Box 11754 Harrisburg, PA 17108 United States of America Office of the Attorney General, U.S. Department of Justice Room 5111, Main Justice Building, 10th & Constitution Washington, DC 20530 Internal Revenue Service WM S. Moorehead Federal Bldg. Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 8 Penns Way Road Mechanicsburg, PA 17050 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. SHAPIRO &De N 0 LLC BY: Christopher A. DeNardo, Esquire 11-039902 SHAPIRO &DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar#78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S &D FILE NO. 11-039902 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee for HarborView Mortgage Loan Trust CIVIL DIVISION 2006-14 CUMBERLAND COUNTY PLAINTIFF VS. NO: 11-7285 Dang Brian Pham a/k/a Brian Dang Pham and United States of America DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Dang Brian Pham a/k/a Brian Dang Pham 1184 S. Cameron Street Harrisburg, PA 17104 Your house(real estate) at: 8 Penns Way Road,Mechanicsburg, PA 17050 38-07-0461-052 is scheduled to be sold at Sheriffs Sale on December 5, 2012 at: Cumberland County Sheriffs Office I Courthouse Square Carlisle, PA 17013 at I O:OOAM to enforce the court judgment of$727,635.06 obtained by Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 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: I. The sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee for HarborView Mortgage Loan Trust 2006-14 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)27 8-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. 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. 5. 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. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. 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. 8. 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. 9. 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. 10. You may be entitled to a share of the money,which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff 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. 11. 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. 11-039902 ALL THAT CERTAIN LOT OR PIECE OF GROUND, SITUATE IN SILVER SPRING TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULAR BOUNDED AND DESCRIBED IN THE FINAL SUB-DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK-HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN PLAN BOOK 56, PAGE 36,AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT-OF-WAY LINE OF PENNS WAY ROAD (50 FEET RIGHT-OF-WAY),AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF-WAY INTERSECTION OF PENNS WAY ROAD AND NORTHWATCH LANE; THENCE ALONG A RADIAL LINE ALONG LOT#27, NORTH 15 DEGREES 24 MINUTES 52 SECONDS EAST, A DISTANCE OF 446.42 FEET TO AN IRON PIN; THENCE ALONG LOTS #20 AND#21, SOUTH 43 DEGREES 50 MINUTES 32 SECONDS EAST, A DISTANCE OF 442.32 FEET TO AN IRO` PIN; THENCE ALONG LOT#25, SOUTH 24 DEGREES, 37 MINUTES 23 SECONDS WEST, A DISTANCE OF 352.96 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT- OF-WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST, A DISTANCE OF 158.43 FEET TO AN IRON PIN; THENCE STILL ALONG THE RIGHT-OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET AND AN ARC LENGTH OF 194.78 FEET TO A POINT, SAID POINT BEING THE PLACE OF BEGINNING. PARCEL NO. 38-07-0461-052 BEING THE SAME PREMISES WHICH BRIAN DANG PRAM AND NHIEN N. NGUYEN, HUSBAND AND WIFE, BY DEED DATED JUNE 15, 2006 AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE ON JULY 12, 2006 IN DEED BOOK 275, PAGE 3093, GRANTED AND CONVEYED UNTO BRIAN DANG PHAM, A MARRIED MAN. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 11-7285 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR HARBORVIEW MORTGAGE LOAN TRUST 2006-14 Plaintiff(s) From DANG BRIAN PHAM AXIA BRIAN DANG PHAM AND UNITED STATES OF AMERICA (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 GARNISHEES)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: $727,635.06 L.L.: $.50 Interest FEBRUARY 24,2012 TO DECEMBER 5,2012 IS$21,378.50 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1,107.78 Other Costs: Plaintiff Paid: Date: JULY 3,2012 David D. ell,Prothon ary (Seal) By: Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO,ESQUIRE Address: SHAPIRO & DENARDO,LLC 3600 HORIZON DRIVE,SUITE 150 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand KING OF PRUSSIA,PA 19406 and the seal of said Court at Carlisle,Pa This f _day of J .20 I. Attorney for: PLAINTIFF I ti Prothono� Telephone: 610-278-6800 �Q Q. �,jQpp Supreme Court ID No. 78447 On July 16, 2012 the Sheriff levied upon the defendant's interest in the real property situated.in Silver Spring Township, Cumberland County, PA Known and numbered as. .8 Penns Way Road Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: July 16, 2012 By Rea. Estate Coordin,�►r CUMBERLAND LAW JOURNAL Writ No.2011-7285 Civil Term 2006 in Deed Book 275,Page 3093, granted and conveyed unto Brian DEUTSCHE BANK NATIONAL Dang Pham,a married man. TRUST COMPANY VS. DANG BRIAN PHAM United States of America Atty.: Christopher DeNardo ALL THAT CERTAIN lot or piece of ground,situate in Silver Spring Town- ship, Cumberland County,Pennsyl- vania,more particular bounded and described in the final sub-division plan of Rich Valley Manor prepared by Whittock-Hartman and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 56, Page 36,as follows: BEGINNING at a point located on the northern right-of-way line of Penns Way Road (50 feet right-of- way), and referenced in an easterly direction a distance 239.48 feet to the right-of-way intersection of Penns Way Road and Northwatch Lane; thence along a radial line along Lot #27,North 15 degrees 24 minutes 52 seconds East, a distance of 446.42 feet to an iron pin;thence along Lots #20 and #21, South 43 degrees 50 minutes 32 seconds East,a distance of 442.32 feet to an iron pin;thence along Lot#25,South 24 degrees,37 minutes 23 seconds West,a distance of 352.96 feet to an iron pin;thence along the right-of-way of Penns Way Road, North 44 degrees 49 minutes 30 seconds West, a distance of 158.43 feet to an iron pin;thence still along the right-of-way line on a curve to the left having a radius of 375.00 feet and an arc length of 194.78 feet to a point,said point being the place of BEGINNING. PARCEL NO.38-07-0461-052. BEING THE SAME PREMISES which Brian Dang Pharr and Nhien N. Nguyen, husband and wife, by deed dated June 15, 2006 and re- corded in the Cumberland County Recorder of Deeds Office on July 12, 76 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587,approved May 16, 1929),P. L.1784 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne,Esquire,Editor of the Cumberland Law Journal,of the County and State aforesaid,being duly sworn, according to law, deposes and says that the Cumberland Law Journal,a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices,and has, since January 2, 1952,been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2012 Afflant 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. jisa Marie Co e,Editor SWORN TO AND SUBSCRIBED before me this 9 d4y of November, 2012 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY MY Commission Expires Apr 28,2014 P 2011-7285 Chill Term DEUTSCHE BANK NATION/ TRUST COMPANY vs. DANG BRIAN PRAM United Stabs of America. Atty: Christopher Dowdo ALL THAT CERTAIN LOT OR PIECE OF GROUND,SITUATE IN SILVER SPRING TOWNSHIP,CUMBERLAND COUNTY,PENNSYLVANIA,MORE PARTICULAR BOUNDED AND DESCRIBED IN THE FINAL SUB- DIVISION PLAN OF RICH VALLEY MANOR PREPARED BY WHITTOCK HARTMAN AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY,PENNSYLVANIA IN PLAN BOOK 56,PAGE 36,AS FOLLOWS: BEGINNING AT A POINT LOCATED ON THE NORTHERN RIGHT OF-WAY LINE OF PENNS WAY ROAD(50 FELT RIGHT-OF-WAY),AND REFERENCED IN AN EASTERLY DIRECTION A DISTANCE 239.48 FEET TO THE RIGHT-OF W4Y INTERSECTION OF PENNS V*Y ROAD AND NORTHWATCH LANE;THENCE ALONG A RADIAL LINE ALONG LOT#27,NORTH 15 DEGREES44 MINUTES 52 SECONDS EAST A, DISTANCE OF 446.42 FEET TOrAN IRON PIN;THENCE ALONG LOTS #20 AND#21,SOUTH 43 DEGREES 50 MINUTES 32 SECONDS EAST,A DISTANCE OF 442.32 FEET TO AN IRON PIN;THENCE ALONG LOT#^5, SOUTH 24 DEGREES,37 MINUTES 23 SECONDS WEST,A DISTANCE OF 35296 FEET TO AN IRON PIN; THENCE ALONG THE RIGHT OF WAY OF PENNS WAY ROAD, NORTH 44 DEGREES 49 MINUTES 30 SECONDS WEST,A DISTANCE OF 158.43 FEET TO AN IRON PIN; THENCE STILL ALONG THE RIGHT- OF-WAY LINE ON A CURVE TO THE LEFT HAVING A RADIUS OF 375.00 FEET AND AN ARC LENGTH OF 194.78 FEET TO A POM SAID POINT BEING THE PLACE OF BEGINNING. PARCEL NO.3847-0461-052 BEING THE SAME PREMISES WHICH BRIAN DANG PHAM AND NHIEN N.NGUYEN,HUSBAND AND WIFE, BY DEED DATED JUNE 15,2006 AND RECORDED IN THE CUMBERLAND COUNTY RECORDER OF DEEDS OFFICE ON JULY 12,2006 IN DEED )OK 275,PAGE 3093,GRANTED 1D CONVEYED UNTO BRIAN ,NG PHAM,A MARRIED MAN . ' The Co' 202O.Technology Pkwy ''''� Suite 300 Mechanicsburg, PA 17050 ^ Now you know Inquiries - 717-255~8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. Approved May 16, 1829 Commonwealth of Pennsylvania, County ofDouphinl ss Holly Blain, being duly sworn according ho law, deposes and says: That she jaa Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State afonaso!d� that The Patrimt-Naws.and The Sunday Patriot-News were established March 4th. 1854. and September 18th. 1849. 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/Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 ho the time, place and character of publication are true; and That she 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 ofDeeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. ~ PUBLICATION COPY This ad ran on the date(s)shown below: 10/26112 ^ . .. 11/02/12 11H%9V12 Sworn to u s ibed befor m 9 f ovember, 2012 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial seai Sherrie L.Owens,Not PU MY Commission Expires U Nov.26,2015 ~ ' " COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: 1, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Deutsche Bank National Trust Cgmpan y as Trustee for HarborView Mortane Loan Trust 2006-14 is the grantee the same having been sold to said grantee on the 6th day of February A.D., 2013, under and by virtue of a writ Execution issued on the 3rd day of July, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term,2011 Number 7285,at the suit of Deutsche Bank National Trust C2=M as Trustee for HarborView Mort izaize Loan Trust 2006-14 against Dania brian Pharr a/k/a Brian Dang Pham is duly recorded as Instrument Number 201308892. IN TESTIMONY WHEREOF,I have hereunto set my hand —AE1– and seal of said office this - 0 day of A.D. 43 r 0:1-1 Recorder of Deeds CM601EW CM*Cbf^PA the First WWWONNOM4