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HomeMy WebLinkAbout12-1478le 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C. Drabenstadt Jr. 136 Sunnyside Drive Carlisle, PA 17013 Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, PA 17013 DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION 1. .p .nn 1 r ?' ",'=11 C W'T L.`? e `e A CUMBERLAND COUNTY NO. C-Ol't 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 CA- r&i 3 ?s ab r 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. or NOTICIA LE HAN DEMANDADO A LISTED 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 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: VS. Robert C. Drabenstadt Jr. 136 Sunnyside Drive Carlisle, PA 17013 Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2, the address of which is, c/o American Home Mortgage Servicing, Inc., 4875 Belfort Rd., Suite 130, Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Ameriquest Mortgage Company Mortga og jW: Robert C. Drabenstadt Jr. and Susan L. Drabenst:adt (b) Date of Mortgage: October 14, 2003 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1842, Page 0264 Date: October 23, 2003 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: CitiResidential Lending, Inc. as attorney-in-fact for Ameriquest Mortgage Company Assignee: Deutsche Bank National Trust Company, as Trustee, for Ameriquest Mortgage Securities, Inc., Quest Trust 2004-X2 Asset Backed Certificates, Series 2004-X2, under the pooling and servicing agreement dated June 1, 2004 Date of Assignment: January 20, 2009 Recording Date: February 19, 2009 Instrument No.: 200904523 Assignor: Deutsche Bank National Trust Company, as Trustee, for Ameriquest Mortgage Securities, Inc., Quest Trust 2004-X2 Asset Backed Certificates, Series 2004-X2, under the pooling and servicing agreement dated June 1, 2004 Assignee: Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 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. The real property which is subject to the Mortgage is generally known as 136 Sunnyside Drive, Carlisle, PA 17013 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". The names and mailing addresses of the Defendants are: Robert C. Drabenstadt Jr., 136 Sunnyside Drive, Carlisle, PA 17013 Susan L. Drabenstadt, 136 Sunnyside Drive, Carlisle, PA 17013 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 7. 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 October 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. 8. The following amounts are due as of January 26, 2012: Principal Balance Due $130,798.77 Interest Currently Due and Owing at a variable rate $1,058.35 From September 1, 2011 through January 26, 2012 Late Charges $1,402.73 Loan Modification $596.50 TOTAL $133,856.35 9. Interest accrues at a variable rate and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 10. 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. 11. A Notice of Intention to Foreclose Mortgage was sent to the Defendant(s) containing the information required by 41 P.S. §403 et seq., commonly known as Act 6. Copies of the Notice are attached hereto as Exhibit "C". 12. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P. S. §1680.402c et seg., is not required as the program created by the Act was mooted due to the unavailability of funds as of August 27, 2011. 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: SHAPIRO & DeNARDO, LLC BY: K?- Attorneys for Plaintiff S & D File No. 12-040916 11-17-'09 19.00 FROM- T-787 P0808/0097 F-976 5b ?r .. Z1?CLi'r; ;l, ttGE OF r,,QCRLAND COUNTY 3 0C T 23 all 10 2;7 . PreparedBy:Aneriquest Mortgage Company Rem=TO: Susan Miller Ameriquest Mortgage Company 150 Corporate Center Drive, Suite P.O. Box 11507, 102.Camp hill, PA 17011 Santa Ana, CA 92711 Parcel Number: 21.04.0371 [Spam Atmw Thin 16w F+r R" d ft DOW MORTGAGE DM WITIONS Words used in amiltiple sections of this document are: dafioed below and odw wofda are defined in Sections 3, 11, 13, 16, 20 and 21. Certain rules regarding the usage of words used in &is document are also provided In Section 15. (A) "Secm'lty huwumm" means tbis dooament, which is datedO c t o b e r 14, 2003 togedier with aft Riders to this docwnent. (B)"Bornower"iaR08ERT C DRA6EN$TADT, Jr. and SUSAN L ORASENSTADT, Husband and Wife rte. ?„ Borrower Is do mortgagor uudor this SecuriV Iastt'tlmeng. (C) "Lender" is Ameri quest Mortgage Company Lender is a Corporation MNSYI VAN1A - Vnalp Femicy - Fang UwA%addi. Mao UNIFORM INSTRUMENT -64PA1 moos! P+Y? , d 10 glWi VMr MORTOAOL' FORMO . laoatcs UK i 842PG0264 Fenn 3038 1 lot 10/1412003 8:56:54 E*161f"A 11-17-'09 14;00 FROM- T-787 P0009/0047 F-976 orgsuized and exiadq under rho laws of 0 e 1 a wa r e Lender'a address is 1100 Town and Country Road, Suite 200 Orange. CA 92868 Lander is the mortgagee under dits Security Iasorument. (D) „Nona" means the promissory note signed by Borrower and da"ctober 14, 2003 The Note states duct Borrower owes Leadcrone hundred nine thousand seven hundred twenty-five and 00/100 Dollars (U.S. $10 9. 725.00 ) plus interest. Borrower burs promised to pay this debt in regular Periodic. Payments and b pay the debt in 11111 not later than November 1, 2033 (9) "Property" means the property that is described below uo&r duo beading "Transfer of Rigtus in the Pr6PUV. (F) "Loan" cleans the debt evidencod by d?e Now, plus inovratt, any pMayment cbargee and We charges due under the Nok, and all' scans des under this Secuti4y lndrunzen? plus interest. (G) "Riders" now all Ridere to d6a Security Inca w aetst that are executed by Bortowor. Ito Wowing Rides are to be executed by Borrower (check box at agrplicabiol: { Adjustable Rote Rider P Condominium Rider Second Home Rider (L?} BoNoon Rider Pkun d Unit Developaatnt Rider 1-4 Family Rider VA hider Biweekly Payment Rider H 0&00fie ci fy) (H) "Applicable Lave" means ail oon<rolling appfi4bk federal, state and local statutes, regulations, ordinances and Administcadve rules and orders (that have teas efYect of law) as well as all applicable Snal, non-appealable juftiai opinions. (1) "Coramnedty Anodaados Does, Hems, and A ssesstnente -earn all dttea, fees, aaaessumw and od wr Charges that are imposed an Bomwer or the Property by a condominium aaaociadon, bomeowum associatlon,ortdt?gs otgaair don (,n "Ele away c Funo Troutw" meant any tmobt of tymds, other than a u=Actwn originated by check, draft, or simihrr paper inOrment, which is itdtittled Wmv%h an electrode ternioal, tel phor is instrument, computer, or utuegaede tape so as to order, instruct, or atturtze a uncial inatiwon to debit or credit an account. Such term inclndea, but is not limited to, poinaof--sak mmsfera, automated teller machine transactions. tratifts initiated by telephone. wide transfers, and automated ckariegh transfers. (10 "Escrow Iterms" means those items that are descrUmd in Section 3. (L) 'TAMcQueous Pfa:eeds" means any compengatlon, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the eovetages described in section 5) far: (?) chatsst to, or destruction of the Property; (ii) condemnation or other taking of all or say part of the Property; (iii cozmeyaace in ltcu of condemnation; or (iv) misrepre eenradons of, or onissiona as to, the vatus and/or comfidonof Ow Frap x*. M "Mortgape fiww=te" moans inmzanoe protecting Lender against the nonpayment of, or drfanit on, the Loan. (N) '7*4odte !'aymeat" means the regularly trcLednWtd amount due fez (i) prlticipai and interest under the Note, plus (H) any amounts under Section 3 of dds Security Insmanant. ..o.rc ?6{PNtO0O6 "?•'°"` 1011412003 8:56:54 F60+3639 1/01 BK 1842PGO265 11-17-'09 14;00 FROM- T-787 P0010/0047 F-976 (O) "RBSPA" means the Rent Bon Searle-an c Procedures Act (12 U.S.C. Section 2601 et seq.) sod its impkaneadng regulation, Regulation X (U C.F.R. Part 3500), as they n4k ba amended from time to time, or say aMdomal or successor legislation or reguiton taat governs the same subject matter. As used in dais Secudly lrumsment, "RESPA" refers to alt repkcm w ad restsictiwn that are imposed in regard to a "federally related mortgage Ioaa" even if tae Loan does not qualify as a "federally related mortgage loan" ender RFSPA. (F) "Successor In Interest of Berm" means my party that has taken title to the Property, whether or eat that party has Usumed Borrower`s obi ptions under the Note aadlor taus Security Instrument. TRANSFER OF RIGHTS IN THE PROPMTY This Security Instrument secure to Lender: (i) the repayment of the lack god an renewals, extandons and mmli4catiana of dw Note; and 00 the perforau = of Borrower's coveoaeuls and agreements under this S%Iricy Iastruraanr and the Note. For WE pucpow, Borrower door hereby mortgage, grant and court to Under the followivg dt:a ftW property locawd in tae County Rypa ofRmrdi a tarienalcal of C UMBERLAND WSW of PAm ordbW hmiodiattoa) : Legal Description Attached Hereto and Made a Part Hereof, which Currently has the &ddre= of 136 SUNNYS IDE DR CARLISLE ("Property Address'): it 104), Peansylvania 17013 (zip coral TOGETHM WITH all the Improvements now or hereaRer erectod an the property, wd an cascomm, mmuteaarcna, and Sxgres now or hereafter a part of the property. All replacamann and additions " also be covered by this Security Instrument. All of the foregoing Security Instrument as the "Property " eetbrred to in tats W (PA) wom ????++a 10!14/200 6'54 Form3038 1/07 YZ ? O K I 842PU0266 11-17-'09 14;00 FROM- T-787 P0011l0047 F-976 BORROWS COMANTS that Borrower is lawfully wised of the cam hereby conveyed and has the dtht to mortgage, grant sad convoy the Property and Mat the Property is amsocumbered, except for saeambrameaa of record. Borrower warrdots and will defend geocrally the We to the Property against all cisinna and demands, subject OD any encumbrances of record. THIS SBCURITY DWRUM M eomMues uniform covenants for national use and nun-uniform covcmnts with 1:mited variadone by jurisdiction to constitute a uniform security tusnvmoat covering real property. UNIFORM CO'V13NANTS. Borrower and Landor covtmt u and agree as 8ollows: 1. Paymoot of Principal. laterest, 1l OMW iifetns, Propsymad Chan ves, and bate Charges. Borrower shall pay wbo n duo doe Principal of, and interest on.. the debt evidencod by the Note and any prepayment dbames and late chug" due under the Note. Borrower slap also pay fends for Bacrow Items pursuant to Section 3. Payments due under the Now and this Security Instrommst shall, be made in'U.S. currency. However, if any dwok or odes iaaouaient received by Leader as payment under the Note or this Security Instrument is returned to Leader uap&14, Lender may require that any or all, subsequent payments doe under the Not3 and thin Security Instrument be made in one or more of the following forms, as selected by Lander: (a) cash; (b) money order; (c) certified check. bank check, ueasruer's chock or casbier's cheek, paovidod any Bach check h drawn ninon an institution wbose deposite are insured by a fedora/ agency, instrumentality, or entity; or (d) Electronic Paolo Tunda. Payments ere deemed received by Lender when received at the location designated in the Now or at such other location. as may be designated by Lender in aceotdsoce with the notice provisions in section 15. Leader may rotors awry payment or partial payment if the paysemt or partial pgmem are insufAcim to bring the Loan cinrmt. Leader may sompt any payment or partial payment hmfScient to bring the Loan current, without waiver of any shits hersundet or prejudice to its riou to refine such payment or partial paymerw in the foam, but Under U not obligated to apply such payments at the time such paymeote are accepted. If each Periodic Payment is applied as of its scheduled doe date, then lender need not pay Wee= onumppW fonds. Lender may"such usoli d fanda vid Borrower maims paymentto bring the Loan. current. If Borrower does not do so wilt a reasonable period of time, Lender shall dither apply such fiends or return Stem to Borrower. If not applied eattlier, such foods will be app&d to the outstanding principal bait= mtder the Note immediately prior to EDrockware. No offset or claim which Borrower might have now or in the fiuare against Lender shall relieve Borrower from nuA* payments due ruder the Mae and Ibis Security h attomemt or performing the oovenams and agreements secured by this Security Instrument. 2. AppRarfioa of Payamok of ft*tmds. Except as otherwise described in this Section 2, all payer accepted and applied by Lauder shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due wrier Section 3. Such paymemW shall be applled to each &niodic Payment in the order in which it became due, Any rem daawg emowsts shall be applied first to late charges, a pond many other amounts dote tinder this Security hwiumom. and thou to reduce the principal balance of rho Note. If Lender receives it payment fi0m Borrower for a delinquent Periodic Payment which iwiudrs a safticieat amount to pay any late charge doe, the payrmeot may be applied to the delinquent payment ud the late rearms. If own than ore Poriodic Payment is outatandiog, Leader may apply a V payment receive d from Borrower to the repayment of the Periodic Payments if, and to ft extent that, each payment can be ,MWA.: -G(PA) ,sour r,.. a d ie 10 /14 /2003-8:66-54 FO-3030 1/01 C5 -?- 0. SKI 842PG0267 11-17-'09 14:00 FROM- T-78'7 P0012/0047 F-976 paid in fWL To the aunt that any c=m silica after the Payment is applied to tha full payment of one or more Periodic Payauutaus, anti tmcm my be applied to say late charges dim. Voluntary prelmymema rhatt be applied flat to soy prepayment charges and then as dexter W in the Note. Any W ication of payaaaots, im UnWO proceeds, or Miscellaneous Proceeds to Principal due under the Note shall not rntteaad or yoatpone the due date, or dump the saonOost, of the Periodic Payments. 3. Reads for Eaerow Itmats. Borrower dull pry to Leader on do day Periodic Payments are due under the Note, undi the IYole is paid in full, a teem (the "Ptmde") to provide for paymeat of amounts due for: (a) taxes and ttssasamm* and other ifema which oast attain priority over this Security Immuw at as a lieu or emmatbrance an due Pmps:p , (b) lmftld paymmMs or ground rents on the Property, if any; (c) premiums for any ad a@ h aan me required by Leader under Section S; and (d) Mortgafo Insurance premiums, if any, or any soma payable by ammm to Lender in lieu of the payment of Mortgage Insurance prembod in accordance wilt the provisions of Section 10. These imm are called "Escrow Items." At origination or at any titre daring the term of,tht: Loan, Deader may require that t^4mmiuity Association Dana. Pass, and Ataeaasents, if any, be escrowed by Borrower, sad such does, fees and ass emmats shall be an Escrow Item. Borrower sball promptly frts:riah to Leader all aotioom of amounts to be paid under " Sidon. Borrower sine pay Lender dw Funds for F,scmw heam waless Leader waives Borrower's obligation to pay die Funds for any or all Bocaow Items. Leader may waive Borrower's obligadLoa to pay to Leander Funds for any or all i amw hears at any time, Any such waiver may only be ire writing. In the avant of tench waiver, Borrower shall pay directly, whey and where payable. due amourws due for any Eaorow Inuits lbr which, payment of Funds has been waived by Lmtrhr and, if Leader requires, " furnish to I.aader receipts evidencing ouch psymeat wdthim mach titre peamod as Under may rcgmm, Borrower's obligation to make such paymme and to provide ncdipm tdtall for all pnwposea be deemed to be a covenant and speemmcontained is this Sec &Y inUMMAst, as the Phrase "covausat god agreement" is toed in Section 9. If Borrower is obligated to pay Bw ow Items directly, pursuant to a waiver, sad Borrower fails to pay do amount due for an Escrow Item, Under may exercise its rights under Section 9 and pay mach mount and Bmmwer sball then be obligated under 3eceion 9 to repay to Leader arty such amount. Lender away revolts the waiver as to nay or au Bm=w Itaams at any time by a notice given in accordance wi$ Section 13 and, upon smolt nvccadoa, Borrower shall pay to Leader all Fmvls, and in such amonata, that are then rngnired ender lies Sidon 3. L eatdec sexy, at any tine, oollect and hold Ptmds In an amount (a) saffecient to permit Lander to apply the Funds at the time Verified under RESPA, and (b) rat to exceed the na x mum amount a leader can require under RMA. Lenft aball estimate tbt: autoust of Peak duo on the basis of current data and reasonable ertimates of ettpeoditares of Amm Escrow h= or o*mwiae in accordance with Applicable Law. Tk Punch &all be hold in an buaHtudon whose: deposits are mmmd by a federal agency, instraanntify, at sadly (ancluding Lender, If I.eader is an imlift ion whose deposits are ao inserted) or in any Pederal Hone Loan Banat. I ender dull apply Ilan Fends to pay lire Emow frame no butt than the time specified wader RESPA. Leader draS not charge Borrower for holding and apptlyiug ate Frtads, AwNdly analyzing dw exrow account, of vediging the Escrow lam$, unless Leader pays Borrower ioserest on ft Funds ad Applicable Law permits Loaft to make such a char. Udm an agreement its made is writing or Applicable Law requires interest to be paid on the Punch. Lander shall not be required to pay Borrower any interest or earnings on. tie Funds. Borrower ad LwWer can agree in writing, however. that interest 4ft.eIPa1 M061 rr• i d ?• 10/14/2003 754 For, 2039 1101 J- BK t 842PGO268 x &. 12-17-'09 14:01 FROM- T-787 P0013/0047 F-976 shall be paid on On Fonds. Lander shall give to Borrower. without charge, an anus, accounting of the Ponds as required by REVA. ff drta'e is a surpiue of Funds held in escrow, as defined raider RBSPA, Leader shad! accowit to Borrower for the =08 fomda in accordaaae with RBSPA. If there is a shortap of Fonds held in escrow, as defined trader ABSPA. Lender ball notify Borrower ab required. by RESPA, and Borrower shall pay to Leader the amount necessary to make up the dotage in accordance with RMA, but in no more than 12 monthly payaoente. If thatae is a do>flaitsney of Ponds MW in escrow, as defined under RWA, Larder shau wdtyy Borrower as regrhir+ed by RBA, and Borrower shall pay to Lender the amount neoessary to make up the deficiemy is acaordacee with RHSPA, but in no more than 12 moaMy payments. Upon payment in full of all sums secured by this Seourity Inxroment, Lander shall promptly refund to Borrower any Fonds held by Lander. C CbarW Liest. Borrower shall pay all taxes, s pans, c wSta, fines, and impositions attributable to the Provo* which can afta priority over this Serenity Insttamear. leauhold paymcats or pound rants on the Property, If any, and Community Association Does, Pees, sad Assessments, if nay. To the extant that these items are escrow Items, Borrower shall pray them im the taimmer provided is Section 3. 8onower sha promptly discharge any lien which Iss priority over this Security Iratrarawt unless Borrower: (a) agtmes in wrWM to the payment of the obligation umted by the lien in a manner acceptable to Lender, but only so long as Borsowet is pozbrmiq =4 agreement (b) coneste the lien in good faith by, or da&ade against enf nerumt of the lien In, legal proceed nge which in I Ander'a opinion operate to prevent the enforcement of Ute Tian while those Proceedings are peadlnq, but only until such proceediugs are concluded; or (c) segues hvm the bolder of the tiara an apeentent atlsto wry to Leader subordinating the Ilan to this Security Instrument. U Loader detormines that any part of the Property is subject to a lien which Can attain pmrky over this Security IaBGramupnt, Leader may give Borrower a notice ideadfying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the tiro or take one or more of fat actions sat frith aboe in this Sectim 4. Lander may require Donowor to pay a one-time charge for a real emie tax verification and/or raporWq service oscd by Leader in commotion with dris Loan. S. Property hm atim, Borrower shall 1mp the improvawents min existing or hereafter erected on the Property inanod agdeA Ines by lire, bards Included widda dm term "extended cwvesage," and any other hazards indodiog, but not limited to, art w1wd ss and floods, for which Lender regsirez insuancc. This homnce dkW be maindtined in the amounts (atci,ab dedredble levels) and for the periods that I,endar acquires. What Lender requites pursuant to the preeediag twomCtJ can change during the torm of the Loan The imuma carrier providing the faaa*= dhalt be chosm by Borrower subject to Lender's right to disapprove Borrower's choice, wWoh right " not be exercised um maonabiy. Leader may regWft Borrower to pay, in connection with this Lem, either: (a) a one-time charge for flood zone determination, certification, and tr dit nrvxft; or (b) a one-dare Charge for flood mat determination and certification services and aabaequeat chargoa each time zemappiogs or Amilar changes occur which reasoaabiy might affect Poch determination or cacdtloatiaL Borrower shall also be responsible for the payment of any !lice Imposed by flu Federal S merseney Management Agency in conmection with the review of any flood zone deterdaation resulting from an objection by R mwer. 4 ft-MAt tosser ??. e « • 10/1412003 N : :54 r? $010 1101 1 lr C1 8K 1842Pb0265 11-17-'09 14;01 FROM- T-787 P0014/0047 F-976 If Borrower NU to mahrtukn any of thht coverages described above, Levier may obtain inaurmm coverage, at Lender's option and Borrower's eaperne. Fender Is wooer no dUigation to purchase any particular type or amount of coverage. Therethre, -lush coverage shalt covet Leader. but might at might not protect Borrower, Borrower's equity in the Property, or the contents of rho Property. against nay risk, hazard or liability and might pxw#* or kner coverage than was prevtouhrly in of k% Borrower acknowledges that the cost of the hwtance eovenga so obtained might sigai5eandy exceed the cost of insurance trot Borrower could have oWhwd. Any amoaats tiiabursed by Lander wader this Section S " become additional debt of Borrower secured by this Security Inattvment. These atoome shall bear interest at the Now rate firm the date of didwraement and shall be psysbie, with such merest, upon notice from Lander to Borrower mgmgdag payment. AM insurance poWiea required by Lender and renewals of such policies dull be subject to Lender's rigbt to diaapp win inch policies, shad indade a standard morWo claw, and shall um Lender as mortgagee and/or as an addi6oatl }as payee. Lender shall have the rigkt to hold the poikcin and renewal off. if Leader requires, Borrower shall promptly stye so Lander all reosipta of paid promiums and renewal. notices. If Borrower obtain nay forts of marance cavuage, not otherwise required by I cader, for damage to. or desauctioa of, the PropmV, Such policy shall include a standard mortgage clause and shack name I endtr as mortgagee and/or as in additional loss payee. In the event of lomo„ Borrower shall giro prompt notice to the knmace carder and Lander. Gender may atake proof of lop V not madc promptly by Borrower. Unless Lender and Boummr otherwise agree In. writing, any instuance ptoceeda, whether or not the aderiying insenace waa required by Leaders, shall be applied to rtusorstion or repair of the Property. If the restoration or repair is acoaomk 4W fesi to and Londar's setaorlty is not lessened. During ouch repair and vastontdwt period, Lender 00 have the riat to bold stub insurance proceeds uatil Leader has had an oppourtnahy to inspect such Property to onta re the work has been compkted to Leader's satisbctbn, provided dui such laspecdon shag be uwdertahto promptly. Lender may disbutse proceeds for tlhe repairs and re umdon in a single payment or in a series of INOgren psymOM as the work is OOmplettd. Unless an agreaamrrt is made In writing or Applicable Law regmm ndwet to be paid on such k mnuce proceeds, I cadet Abell not be required to pay Borrower any iatarest or camings on such proceeds. Fees for public adjastm. or otbar third patties, reWned by the Bonower ss paid out of the insurance proceeds and shall be the sole obligation of Borrower. If -to regard Is not ewnotoieal[y feasible or I.enda's tasctrrkry would be leaeeaed, the insurance proceeds shag be applied to the sumo secured by this Seemity Instrossoot, wbothor or not then slue, with the excess. if any, paid to Borrower. Such mamma proceeds shall be applied kt die order provided for in Section 2. If. Borrower abandons the Property, Leader may Bee, negotiate and settle any available im=noe claim and related matters. U Borrower does not respond within. 30 days to a notice from I.endt+r that the insurance curler has of>iered to settle a claim, then Lauder may negotiate and settle the claim. The 30-day period wig begin when the notice is given. In tither event, or if Lander scxlaires dw Property under Section 22 or otherwise, Borrower hereby asaiges so Leader (a) Borrower's to any i proceeds in an atmoaa not to emceed do amounts wVWd under the Now or this Sec raienriance tufty laatd»taeat. wad (b) any other of Borrower's data (odor than the d& to say reland of unearned premb ms paid by BOrmwCO Hader 4 iaatarmce poliaiea cOVSring rho Property, bwbt as MrA rights are appbuble to the coverage of the Property. Landes may use the howeaee proceeds either to repair or room tire. Propem or to MY amomits unpaid under the Note or this Security Iust nu v=t, whether or ace than due. ??'AhOP n.1 ftw7orh' 10/14/2003 ?d:54 Morm3*39 Vol /T BK 1842PGO270 11-17-'09 14:01 FROM- T-787 P0015/0047 F-976 6. Occq aost r. Borrower sisall occupy, csiablisb, and tae the Property as Bormwer's prioeipal residaucc widdu 60 days alter tip execution of this Security lostrament and stash eondsm to occupy the Property as Borrower's principal residenes for at last orte year after the dam of occopawy, unless Leader erherwiso agrees m writing, which otmteent Bail not be unreasonably widtbeld, or unless extenuating circamatame exist which are beyond Borrower's control. 7. Pr'earvadows IitFalakensce tsrd hosseden of the Property; btapwAom Borrower shall not destroy, bow or impair the Progeny. allow du Property to detcriorttia or commie waste on the Property. Whether or not Borrower Is residing in the Property, Borrower shall maintain the Property in order to prevatt die Property from doWrioratird or deamoing in value due to its tmadidom Unless it is determined pursuant to Section S that repair or restondm it not economically fctaibde, Borrower own promptly repair the Property if dm=W to avoid fordier dowdonden or daufte. If hojunce or condemnation pmoseds are paid in cotmeclion wide damage to, or the talons of, the Property, Borrower shall be rospoaible for replying or maturing the Property only if Leader has released proceeds for Nrtxb pagxmm. Lender nay disburse procesda 11tr the repairs and toonation it a dugle payment or in a now of Progress payamms as the work is oomplescd. If the inaa"m or coniamatim proceeds are not sufficient to repair or Comore the Property, aormwer is not relieved of Borrower's obligation for e6e completion of such repair or restoration. L.cnder or its so= may make reasonable entries upon and inrpeetions of the Propetty. If it has reasonable cause. Lander airy h q= the interior of dte ingnvemeota on the Property. Lender rball give Borrower notice at the tome of or pdor to such an Interior laspaaou spwij jing sacb reasonable (muse. 8. Borrower's Loss Applicaliam Borrower s3lall be in defauk if, during the Lorin aMtkaoon pruov,% Borrower or any persons or entities acting at rite dimcdon of Borrower or with Borrower's knowledge or consent gave matoiW false, miskadcts. or inaccurate iuf m adoa or statements to Lender (or failed to provide Leader wilt marshal ingwmatl * is eomadon with the Loan. Material repro sentadous inclnde, bat are not limited to, representations concerning Borrower's occupancy bf rise Property as Borrower's prWcW residence. 9. Prateeden or Pwneler's Interest in the Prop sty a*d nights Under rings Security Latrueneat. If (a) Borrower fails t0 pu*ra t>tt oovenams and asraamenta contained In Us Sec dW Instrument. (b) there is a Ieaal prang dmt might dandy dfoot L ndcr's boron in t$e Property andlor rights under thin Security Ina mmu alt (such as a proceed Mg In may, probate, for coadswnadDn or forkimn, for enforcemept of a Ilan which may attain prioniq over this Security Instrument or to garotte Less or regulation), or (c) Borrower ban abandoned the Property. terse Lander may do and pay for wbatever is reasonable or appsopriata to protect Leader's uor+est In the Property and rigbta under this Security Insmrment. including protecting andler &awmag the value of die Pmprty, and eecuriog "or repairing the Property. tAn t'e led= Can include. but are tot limited to: (s) paying any sums secured by a lien which bat priority ova this Swwity Instrument; (b) appearing in oovrt; sad (c) paying reasonable attonttsya' foes to protect its WNW is tlrt Property and/or rights tinder thin Saamicy Instrument. iuclttdiag its mcw" position in a bauUVtcy proceeding. Securing the Property includes, but is not limited to, entering the PsopcM to =&I* repairs, chug Iodrs, replace or board rep doers and windows, drain water ftom. pipes, eliminate bt IN or older code violaoaaa as dangerous conditions, and bavs utllltin weed on or off. Aldwush Lender may aalau action under this Section 9. Lender does not hart to do so and is not under any dent or obiipdost to do so. It is agrood that Lander Wars no liability lbr not a drAg any or to actkma awAoriaed under We Section 9. i„ grew: - - -lllPlugaoel ?a?sa,u 10/14/2003 8:58:54 Po-33)39 1101 ?? , OKI842PGO27I 11-17-'09 14:01 FROM- T-787' P0016/0047 F-976 Any amounts diabaraed by Lander under this Section 9 " become additional debt of Borrower secured by this St curity Instmrntmt. These atnooats shrill bear ivIatut at tie Note rate from the date of didbtarsement and &W be payable, wlti such interest, Won notice from Leader to Borrower regoeaft PAY If darn 5ecndt,y bmttn meat is ou a leasehold, Dorrower 69 comply with ali the provisWous of the lease. If Boagwer requites he We to the Property, the leasehold and the fee We shall not merle net= lender agrees to ft merser in waiting. 10. Mont{lade ><oataaaerr. > t Leatder required Mortgage lns<hrance as a condidon of matriog die Loan, Borrower sialt pay dbe premiums requited to maltanin fire i s in effect. If, for MW reawn, the Moxt>;ale Inataaoe coverage regtdred by Laadtr eeaeos?vailaWn from the mortgage inner chat previtesly provided atach iasuosnce and Bortaarr wan regaira:d ao saabe eeperateiy deedsas" payments toward the presdamss rut Mtratgale lnattraau, Boauwer shark pay the premaioms ftgWivd to obtain eovtrraa?gee anbse>ottiaHy agnt t to the Mortgage Ivparaatx paevioasiy in effect; at a cost subefa WAay egaivabm to tie cost to Borrower of tka Morfpga Instaapx pravios?sty in etieu, from an akumue moryape inataer makciod by Leader. If aebebtatbaBy egtdvaleat Mostgade lasiaraace Coverage is act avaUble. Borrower furl couthm to pay to Leader the aaowa of die separately dedgawd payments that wen do when the iaeur mm coverage oumd to be in effic t, Lsndpr will acctp? use and retaw dese payments u a =kiecloaddiAs lose reserve iu lieu of MorWV lnmrance. Such loss reserve mall bo rwu-rcku&bte, notw3tba0aft the 4u that tie Lou is uWmu* paid In full, and I?eade?t slang not be required to pry Borrower any inteaW or earnings on suck loss taer e. Lander tea no lour regain lass rcaarve paymrarfo if bloregaga Ittsaratrco covestcae tan eke amaerht sad for tie period dvA Leader reguireiO provided as lahsurer twleacd by Leader again bsoosuaa available, is ot>taiaed, and Leads[ regains acparalelyted toward tie praoaittatas for Mortgage loanraace. If Leader requited Mortgage Iamrauce ass of maidnQ ttae Loan sad Borrower wru requited tp mate upatttely deaiguacted payments toward the pttmaoamas for Mortgage Imursace, Bormavet wall pay the premima re tahW to maintain Mortpso l oanrasce in affict, or W paonide a aoa-se5tndable bra reserve, and! 's osyaga lasoranoe emle is aoeordame aiW any writaen agreement between Bottowar and L emd+a pmvtding Ifor sacih tettadmtioa? or tuofll Iermloalion is regtaisad by Appiioabie Law. Nothing in, this Section 10 afJbota Dom wen's dbllsMkm so pay mtetest at the rue ptvvided m the Note. M Isamnew rsimbgsus Lender (or my eaWW that partnbsaes the Noes) for ca d a loan it may ir4u if Borrower does not repay ft loan u aynecd. Borsawer is not a pany to the Mortpgo Iaaurataee. Monpo imost rs uvaltaate their Iota! risk an ail such lapscu ee Ia ibrce from time to time, and may eats' ipso agreentesds wi&i other pudiea Out share or mod* Meir risk, or reduce been, Theca agreemeou are on terms and Ana that an aaddmory to the nortgage hwarer sad the other party (or parties) to these agretssmeuts. Thane agreta>twtls may require the nroatgage innntt to mate paymeote uaattg ANY waft of funds that the mortgage imrar away have avar'table (which may udude tboda obtained tom Mortgage Inmraace pnXimi a). As a rasnlt of due . Lender, any pAvbua of the Note, anobaer roarer, any reinaaarer, uty other eatlty, at nay adblew of guy of the foregoing, msy receive (directly or iodi:eody) atuoum that derive 6)m (or aright ba obaracsaaieed eta) a yoedou of Borrower's pgymaale fa Moripp luau=*. to exam wgc bar dulriw or modifytLag the mor4pp lnmret's risk, or reducing towel. if such agreement pro.Wos that an de of Lender aakaa a share of the immoer's risk in ezehaoge for a sane of the Perms paid to the insurer, do uniatocand is A= termed "c dve reinsunace.I Pwthrer: (a) Any vm* avreenuafs will not dtact die awa sis frank Harrower bee agreed to pay for Mm a laureate:, or my other sarvaa of the Loan. Sndi "Feenenm wW not iaereaae tie nuaount BernOwQ>• wN owe for MortgW Imimmuce, and tbay vM net mdth Ron wer to aril refund 4ft-etPA) "ai 10/14/20 56:5 tiwm$039 1109 P. BK 1642PG0272 11-17-'09 14:01 FROM- T-787 P0017/0047 F-976 (b) Any sueb awasoomt will not atkct the rigib Borrower has . C say • with rasped to the Mo1bw=ranee under &a Htmueawnem Protsdke Act of 1996 or say odtrar hrw. Tbae rigio may tie. d gk to read" oartaia dhtelossres, to redued nod obtab euodWioa of the Moran a ytswewsrw, to have tie Mort" fiaquresnos tenni+siad aaeoaaada y. and/or to receive a rAjed of my i be Insorom preeatwau Mot ware nuumd at the droe of aueb cancellation or ftnalundau. 11. -t of Mhcolloismus heeaadat Forfekwe. All Misoellaueous Proceeds are hereby assijud. b utd abaft be paid to Lander. If the Property is damaged, such Miocelknootts Proceeds *&H be applied to restomtkm or repair of tic Property, if the ressoradost or Mp* is ecooomicaliy feasible mod lender's security is not lessened. repair and rroatotadon parfod, Leader shalt have be right to hold such Miscellaneous Proceeds until Lender bas had an ty to wi spect each Prop?y to ematme dw work Us been complemd to Lender's atislisctioA, pro such ienpectioa stall be undertakimpromptly. Landes may pay for she tepatts ant! resfotadon in a single disbtusement or in a series of program paymcon as the work is completed. iJsdess an agrpemant is made it wddng or Applicable Law requires nearest to be paid on such Miscellaneous Proceeds. Leader shall not be ired to pay Idorr Wee any interest of earnings on such MUcet4neooo Proceeds. If dw roosotadoa of = is not economically i or larder's security would be lesawd, the Miscellaneous Proscedl shalt be applied to the am matred by iltia Secu ty lostrun mat, whedw or not Oren due, wldt the =en, if any, paid to Borrower. Stich bftelloneoos Proceeds shall be applied in 9?t order provided for in Section 2. In the event of a total rating, destruction. or loss in value of the Property, due MIMMIJamous Proceeds stall be applied to 6e sums secured by this Security taatzumant, whettser or not then due, with the excess, if siw, paid to Borrower. In the avant of a partial MUM, destruction, or loan in value of the Property bu which the fain market value of die Property imuattltsdy before the partial taking, deaBuctjon, or loss in value is egaai to or greater flow the amount of fate same secured by this Seettdty Instrument ianmedutsty before me partial tilling, destruction, or Ines in value, uokos Borrower and Ixuder odmwise agree fun writing, rim sums sacarred by this SectWW Inamumat shag be reduced by the amount of the Miaed4tecia Proceeds multiplied by the fiftwing hudon: (a) the total amount of the soma moored iannedlateiy before the partial UMo sdesttpcfion. or loss in value divided by (b) *a (air tbarkct valve of tha Property immediaady batbre tin partial taWag. destrsWon, or less is volm. Any balance shalt be paid to Borrower. In the event of. _.*1.1 ediatlg ;dr, derttitctiea, or loss in vales of the Property in which the fait market value of the; Property in;flora to partial Wdag, destruction, or loss in value is teas am tie amount of the awns seared inoodludy batare ale portial taking, desbvcdoa, or lien in value. unless Borrower and Lander oeherwles agave in wriltttg, the lelirnasa Proceeds deal! be applied to the toms secured by this Security loft eascaet whether of not the siren are dean due. If do Prop* is abandoned by Borrower, or if, after notice by I.endar to Borrower that ale Opposing Bonoww faParty r (as defined in tits next sentence) offers to make an award to awe a claim for damages, to collect and to Lender within 30 days actor ate dots dw notice is given, l.erdar is audw ized splay fire Wmallaroous Proceeds airier to notomdon at repair or the Property or to the sums soared by lids Sevoricy Instsommu. whetter or not bran doe. " Opposing; Party" mans the Bird party that owes Borrower b iscelLaeons Pro=c& or the petty against whom Borrower bat a sight of action iu regard to bAKOl MOM Procceda. Borower slosh be lu deta k if any action at procceding, whmhor civil or criminal, is begun that, in Leader's jodpoeat, c o u l d m a s k in Antiaore of we P o r o t h e r material impdrmgt o f f aaribr'a interest in d o? or iAn usdor dds Sftmny Itoortunew. Bar cau. me such a default and, acettleradou has if occurred, r to u provided in Section 19, by causing the action or proceeding to be 411.etPA) oooaa P.o. O'"s 10/14/2003 8: ' 54 F 3039 1JOt g?{1842PG0273 11-17-'09 14:02 FROM- T-787 P0018/0047 F-976 dixaimd with a ruling that, in Lender's judgment, ptscludea fbrfeitarc of the Property or other gntwtial impairment of Leader's interest in die Property or rrghaa tinder this Security lnsdtuctim. The proceeds of any award or claim fer damn drat an sttribttt`ble to the [s4paicmem of L.endee r interest in the property are hereby assigned and:r be paid to Leader. A11 Mbce14tm Proceeds Ihat an mt applied to restoration or repair of ft Property span bt applied in the ostler provided Jbr in Section 2. 12. BO IOwet' Not )Ftakaaedl Fadmatance By Leshder Not a Waher. Ruession of die time for payment of modiileatitm of amordsadan of fife rotas return by ibis Sawky lsstru mat granted by Left o veer or any Socxesaor in interest of Borrower thW not operate to relesae the liability of Bonxower or any Succu ors in leterest of Borrower. Lender shall not be to commeacc proceedings agaiaet any Successor in hstamat of Borrower or to r+etinte to extead?for psymneat or otherwise asodify amord ation of shat am secured by dW Security Inetrument by reason of sqy demand made by the original Bormvt+er or any Sihewwrs in Interest of Aorrower. Any krbesrapee by Lander in eaard*g ny right or remedy hwhrdtng, wllhoat limitation, Leader's acceptance of payments from third persons, entities or Saeossaora in lowest of Borrower or in awhouats Ices than the smo= then duo, shall not be a waiver of or prec b& die cawaise of arty n& or Misedy. IS. Joist said St vt rq Liability; COADMal Sweeesrors atad Aeetips Bound. Borrower covesu s and agrees W Borrower's o and liability sbafl be Joint and several. However, any Borrower who co-signs d& Security Imtrmawnt bat does .not execute duo Now (a "oo-signer"): (a) is co-skpft this Swinit y W tasont only to mortgage, grata and corny On coma's norm in the Property under the terms of tbia Secndty Iaattttntent; (b) is act personally obligated to pay the was secured t' this Stxtariry rnamimaot. and (c) agttpea that Leads and any other Borrower can agree to extend, modify, forbear or mace any secom®odations with regard to die terms of this Security launtmoot or the Note without die co-mpoar's consent. Subject to flte provisions of Section 18, any Successor in lsterast of Borrower who aatnaees Borrower's oW*doat under this Sect:* Iarmusa t in writing, and is approved by Lender; shall obtain all of Borrowers sights and bonaffb under this Secw* lnamtaarat. Borsurwar.d fait not be reiesred from Borrower's obligations and liability wader ttdr Seco ty bestrunuettt onleas Lender agn= to such rclase in writing. 'life eovessndt and agmensents of this Socially lneaaumW shelf bW (except as provided in Section sad I ', 6, to mete== sid assigasof Lender. 14. bergs. Leader nay aharye Borrower fees fbr services punned is connection with Borrower's dalrnk tbt the PU1"of -roODOting L eider's interest in the Property ad rights under this ?mky ]USUVIROW , iac?OW& but not limited to, staocnaya' fees, property inapCWM and vamadan ices. In regard to ally other New, the absence of ehgness atrgwricy in this Scoterlty lea! U=At to chmcgc a epecilk The to Borrower dial( not be construed as a prowbition on the charging of such he. Leader may not charge fees that are a gnssly prohibited by tins Se u1* hwir meet or by Applicable Law. N the Loot is subject to a law width sets mndtaem Jaen charges, and that law is fbhally interpreted so that tt WW W or other bun charges collected or to be collected in comection wi& the Loan cxcced the permitaed Rusks, thee: (a) any such lean chap shall be rednoed by the amount neccmry to mace am charge to the permitted limit; sad (b) sty swans already collected from Borrower which exceeded permitted limits will be refiatded to Borrower. Larder may choose to ussix this rafhed by rednciag the principal owed vender the Note or by waft 4 direct pajnrteat w Borrower. if a reftmd rndncea p&epal, the reduction will be tressed as a p ?a1 ?o?ytaM wiahotit any Mmy? chaw (wlsefber or not a prepayment diarge is provided I ender ae N tt:). Borrower's of say such reftmd made by threat payment to Borrower wM constitute a waiver of any right of=Borrower might have arising out of such ovorebarge. 16. Notices. All aoticea given by Borrower or Letter in connection with this Security honnocre must be in wrhiag. Any notice to Borrower in cOGMdon with this Security 7nstrurnest shall be deeured to 4"A)d°°°?t °"•tt"i0 10/14/2003 $ :54 Fwm"3e 11M SKI 642p6027 4 11-17-'09 14;02 FROM- T-787 P0019/0047 F-975 have been gives to Borrower when mailed by first char avail or whoa actwliy delivered to Borrower's notice address if sent by odors awns. Notice to any ewe Borrower shall coaatium notice to ad Borrowers unisss Applicable Law expressly requhes otbaraise. The notice address shall be the Property Address unless Borrower, bas designated a aubut ton notice address by notice to Leaden. Borroweu shall promptly notify I.eader of Borrower's chmge of address. If I.eadbtr rpecitiea a pwoadate for reporting Borrower's change of address, them Borrower shall only report a change of address dwougb that specified procedure. There may be only one dedgnaeed notice address under this Sconasty Instrument at any one time. Any motice to Leader dull be by ddiveriog it or by mailing it by first claws mail to Lender's address stated herein unless has desiganscd another address by notim to Borrower. Any notice in cormaodon with this Seowigr hwnamsat shall not be deemed to gave been given w leader natal achalty received by Lender. If say notice regoired by this Security Iusaameot is also required under Applicable Law, the Applicable Law atiuirement will sandy the corresponding mpinemem under this Security lnatrunum. 16, Goverehf I,suwl SeverabUkyt RWO of Consklmdon. The Security Instrument shots be governed by dal lap and the tsar of the jmisdictioa is whidt the Pnnmty Is Iocased. AU rights and obligations comained in this Security Iuawimsat are subject to any requivemamim and limitations of Applicable Law. AppWmbie Law might y or bWfloidy Wow the parties to agree by contract or it z*A be silent, but such Memo shall not be as a prohibition against agraaaewt by contract. In the evan deaf uW provision or clause of this Sem* Insim meat or the Note conflicts with Applicable Law, each cou ict shall, not afbct other provisions of this Security Inex4ment or the Note which can be given ef1w wid" ere conlWft provision. As used in this Seoarlty h ftmmssot: (a) words of the masculine puft stroll mean and tnclade corresponding natter words or words of the fenrirtioe gender, (b) words is tau singular shall me= and include the plural and vita versa; and (o) the word 'wy" gives We diwretion widtoat any obligation to talc an action. 17. >0e wmw's Copy. Borrower shall be gives one copy of sbe Note and of this Secnrity Instrument. 18. Truasft)r of the Property or a HaeelkW Isknot In Borrower. As used in this Section 18, "latest in die Property' mcams say legal or beneficial incest in des Property, including, but not untied to, tbose beneficial interests ftuatarrod is a bond for decd, cormtract for dead, installment asks contract or escrow apocmeut, the boa of which is the rrauafer of dtb by Boaowet at a Ammre date to a purchaser. If all or arty part of the Property or any harvest is the Property is sold or usasllertod (or if Borrower is not a mamas' Pusan and a beneficial b4ciest in Borrower is sold or trandletred) whhant Lender's prior writhm consent, Lauder may regairm immediaw payment in fail of all arms seemed by this Sennty lnstnrmeot. However, ft option sball not be exercised by Lender if such cxerciae is prolubited by Applicable Law, If I,MW exerch" this option, Leader stlall give Borrower notice of acocktation. The notice shall provide a period of not less than 30 days from the data the notice Is given in accordance with Section 11 within which Borrower mast pay all arms aoetued by this Seca by h atrvmemt. If Borrower him to pay s ? remedies permitted by this dwa sums prior to Ow expiration of ft Security Ye t wi&M fabrd ar notice demand a Larder Borrower. It. Batzawer's Rlabt to Rokw ace Alta Accekratioa: If Borrower meets certain conditions, Borrower shall have the xi& so have anfotceuuw of this Seourby Instrument disdmndaued at any time prior to the oarbw of, (a) fkv days before We of the Property puxuant to any power of sale contained in this Security Imrtrrrmentt (b) such other period as Applicable Law might specify for the sormiaetion of borrower's right to reinstate; or (c) entry of a jodgmest eaft wlug this Secwity Inetrunat. Those conditions ate that Borrower: (a) pays Lender ail soma which then would be due under this Somity lostromsmt and the Note as if no acceleration had ocomed; (b) cures any dobvdt of any other covenants or SVPA) mom Pq' 13'r we 10/14/200 : 54 Ferro 7039 1101 Ile? BK t 842PG0275 11-17-'09 14:02 FROM- T-787 P0020/0047 F-976 agreements: (c) Pays all expeome incwlvd in ontbrein$ title Security Iaarament, inctuft, but not lis*td to, reasonable atbrnrys' Ices, Property inspection and vabaadoa fees, ad other fees f=umed for rho P tabs Pxh urpose of pmtecdmg I ander'a iaeerest in the Property and ewn owdw this Security Watrumcot, and (d) action se Lander may reasooabiy rqWW to mm that I.e;tda's iataeesf in the Property and ins rishts andaor a" ooze lostranomt, sad Borrower's obfigatfon to pay rho soma severed by this Seou dLy unchanged. Lender may require dat Surowar, pay arch rairetaoment aroma sad expenses in out or more of the fallowing Scans, as m6ced by Lardee: (a) cash; (b) money order, (c) certified cheek, bank check treasurer's check or cads Is check, Provided my such check is drawn upon an lnWtndou Whose deposits an incited by a federal agency. hwumsuWky or eaft or (d) Pasommdc Funds Truda. Upon niashptuacat by Borrower, this Secor* Inapnment and obligadoaa secured hentby Shall iamain A* efthetive as if no acceleration }tad occurred. However, this right to reinstate shall not apply in the case of aecak adou =dar Section 18. 20. "of Notel t kwW d Loan Servlcoq Notice of Grivanes. The Note or a partial interest in the Note (together with flats Security Instruntont) can be sold one or mm times without prior notice to Borrower. A sak might result in a change in the entity Omown as die "Loan Serviced that collects Periodic Payments duce Under the Note ad ft Soon* Instrument and performs other mortgage loan servicing obboationt Under the Note, this Sagacity lustrumeot, and Applicable Law. These also might be one or more char fns of die Loan Scan m wirelawl Io A We of do Note. If there is a change of the Loan Serviccr, Borrower will be given smitten notice of the change which wW state the name and addceu. of the now Loan Serviear, the address to which payments sbtould be strode and any other tokwastion itWA rwaimin connection with a notice of transfer of servicing. U the Note is sold not 1wwrailer the Loan is serviced by a Loan Services other than the ptercbasur of the Now. the mortgage loan scrvicing obligations to Borrower wM remain with the Loan Servieer or be usuck xted to a aeccom Loan Services and are not Sasumed by Ore Note pttrchsser »akss otLerrvLe Provided by the Noes pcuchaser. NeitlSer eDnowec nor I.cadrs may coatmenea, join, or be joined to any judicial action (as either an individual lftirtmt or the oootawber o! a chat) that arises from rice other party's aoaons Pureoant to this Sacnatty lmttament nr that sifegea that the other parry has breached any prevision of, or any duty owed by t,rasoa of, this seatSdty Inatmmmt, tttuii wda 1hOrrowar ar [ender hiss notified the other party (with rich notice given in t>nanpliance with the regairemenq of Section 1>) of atroh spored breach and afforded the other party hsreos a reasonable period niter the giving of such notice to talus eornxtive action. if Applicable LAW provkks a time pedod which matt elapse before carom action can be taken, Out tine period wffl be deemed to be reasonable for purposes of this pompaph. The notice of accalarstioa sad opporwuity to Care Sivas to Borrower pursuant to Section 22 and the notice of acceiarulos given to Borrower pursuant to Socticn 1$ shaft be deemed to Sates, the nodco sad opportunity to tale cotrative action pmvWoas of this Section 20. 21. Haardoaa Umleaca. As seed is this Section 21: (a) 'Htucardona SWxftnces, are those sobsumcas deltued as trade or buarsrdova scibataames. wDutnts, or wastes by Ew4rommw Law and the following saboutacca'. SMIL e, kerosene. older flan =tk or tonic Petroleum products, toxic pesticides and herbiddes, volatile edivente. materials containing asbestos or brmeldehyde and radioactive matcaials. (b) "Btiviroomrmtai Law" mom Moral laws and laws of the 3aritdicdon wheee alit Property is located that relate to health, sal6ty or saxicomoental protection; (c) "81vuonttemal Clea+map" aackWes any response action. reo mW notion, or removal ac ti m, as defined In 1lavtronmenul Law; and (d) an Twiro awAl Conditim" mrare a coaditim that can cause. contrlbtme to, or otherwise trigger an Suvironmcnnl CkamcP- etPA) loose Pa" t? N t r y 10/14/20038:56;54 0enet9039 1101 ?. -, OK ! 842PGO276 11-17-'09 19;02 FROM- T-787 P0021/0047 F-976 Borrower ball mt eauae or pemdt the prams, use. disposal, storage:, or rdesse of ally Hazardous SubsMsca, or tltteateaa to relem MAY Ila:ardow Sllbatuaoea, on or in 1110 Property, Bormwer slug not do, nor allow anytrne else to do, asiything a rho Property (a) that is in violation of any F.av(ronmeaW Law, (b) which cruft an Ehvimnmeatall, or (c) Wh{Ch, due b Ole presence, arse, or rekaae of a hazardous Subsumm, creates a eondidon that adversdyy afkM the value of the Property. The preceding two aeateaoet shag not apply to the prescneo, use, or Storage on the PropasV of small quvWW of Hazardoas Subsoaaoes that are genrrady recogaked to be appeoprh% to ,normal reaideatdal UN And to maintenance of the Properly (ipctadirtg, but not limitetl m, haatdous sabstaaees in eovA mw products). Borrower shall p u mpdy Sive Lsaoi(e r wtitem AQW6 of (a)any lave adoa, claian, demand, lawarit or atber ars3on by arty gornermmotal or ragttlatory agemyor pprriivate party iavnlvit; y ( and Harndone S"homm or BlAsoam"d Law of arhicb? Borrower bas acting amy Bnvium l Csndidoa, brcbttihtg but not Ilmited to, gditg, lesliud, discharge, ralaaaa or threat of rwcm of any 1Busaacd m Slabmace, and (e) any comes eased by the presence, am or release of a Haut*xs btitbataace which adversely dim* the valve of Ole Property If Borrower Fauna, or is notified by =WC ° mguiMq a'te', or arty iuivase pan7, tlgtt any reanoval at other ramed'ttion of any mmanci d?ecdm the Properly it accessary, Borrower alm pumptly take an ivy cermdial salons is accordance aim BwAraimeotal Law. Nothing harein shag create ary obiigatba on Lender for an P.W=m mmW Cisamp. NON:UNWOBM ODVERAN . Borrower and Leads further covema and agree as follows: 22. Atesiersdou; Rtmedas, Lender dark pve oodoe to borrowerprior b acedemdm figowhi Borrower's bned of any corement or aguamt is this &tarity lmuvnuw (bat not prier, to acmkmdm antler Section: 18 OWNS Low provides otherwira). 1 shdi ,auder Barrawer of, alums 6&w thhW (a) thed? (b) the adift r*Vkvd to care the d0ak (e) when the ddk* rust be cured; said (d) that ralm to core the ddwk as s?d?d roes rasalc la acoderatioe of We come auered 11110 Soaritj Iesfrttataat, Ibredssttes M.WicMt lrw6WN g and axle of the Proporty. I.eedar slug t?gter inbtws 3orrower of tb ri ft to rein ea alter aeceleratioa and tie rim to assort In tie fineelosom peeeso ft the 11094011h eoe or a dehalt or nay Other def t me of macro ro acederatba o?nd tanviclontrn. hair dshmlt is tat cared as speeNkd, Leader at wi?tiwato? Folher may equip ago ? ppta??aaasa?t In tgil of all seems aeenreti by thle Baem* I mmruwA at mq ft?redere this Sftw* bmwomaet by MW rueedimm. Lauder shag be madded to calso all expeaus hrtatrtted lm. parading the rumdiee Ided In "Section A ihw Apoic" kdmM but aet Hunted to, aftrags' Pees and costs of tale evideme to the east permitted by 23. Roleaae. Upon payment of all mute moxid by this Security Iaettunmw, Us Seca* lnetnno= and dw COW conveyed abaft teodarte and become void. Altar path oacmftmw, L coda shag discharge and mad* this Imiromm. Borrower shoo pay [000416 as costs. Leader may charge Borrower a Pea for rWe 96 b xm*y lnstrummmit. but on1P if the lee is paid to a third patty for services tendered ad the dw*g of dw he is permitted mWw Apphoahle Law. 24. ''aahvm 8aao!wa, to Me cartes! peaulted by Applicable Loa, waives and ukases any error or future eftii laIn p*mdMp ws to ewbrec this &worl b taumam, and hereby waives the Weeit of any OWN or dl providing for stay of omeaudon, exleoaon of time, exeaaptkm final attscbmeat, Levy and sale, and 25. Relmdatenieft Period. BormarOel tone to reioataw provided in Section 19 dull extend to ore hour odor to the commweearent of biddi ag at a aherff s sole or other Bela purstunt to !hie Security Instrument. 24L Pta'chm Monte Mortemse. if any of the debt sommvdby this Smxriiy Insannaept is lent to Basr*Wa• to W4pdXe fide m the Propegy, this Secudbr lastnsomst shall be a parchaaa 27. Interact Rate Anar Jvdg smL Borrower epees that the iateseat rate pay*k &Aes is cnk=d out the Note or is an action of mortgage fotackmre shag be dine rate payable from tome to here under the Note. I (PA) ,oooai "+ '•o+Ia 10/14/2-003 8 4k.s ? •54 s trot BKI842PGO277 11-17-'09 14,02 FROM- T-787 P0022/0047 F-976 v BY SIOCN O MWW, Borrower accept/ and altm to the tormr and covenants comined In this Soo=ty Insm m * and in any RWtx cm=*d by Hoaower and recorded with it. 'America: - (Scat) Bo? - (sm9 Borrower (Scan -Bonvwa - (W .Bonv*vr - (W -Barrows - (Sean .Bormwv 41WPAl teeae' +r? ?• 10/14!2003 8; SO: 54 fwm aoss trot ROBERT C DRABENSTADT, Jr, -BorrownT :tom ? LL&Mkd? 0 SUSAN L DRABENSTADT _Borrowar 8K 1842PGQ278 11-1^r-'09 14:03 FBOM- C"flasta of Residence T-787 P0023/0047 F-976 I, `K" ) yet t?E.? do hereby Certify that the correct address VLthe within-named Mortgages is Loyd Witness my hand this A U day of Cx6ti .. ? OW ear Aa*nto Mortgagee COMMONWEALTH OF PENNSYLVAMA Cowrty at: "6 On this t I day of -' IcAa before me, Day MM tar the undersigned after, personally appeared known to me (or satisfactorily proven) to be the e?rso (n s) whose name(s) Ware subscribed to the within Instrument and acknowledged that ne/sheRhey executed the same for the purposes herein contained. IN WITNESa WHEREOF, I hereunto set my hand and offidel Seel. My Commission Expires: ilA bAlM 5 ZLOCKM it &a] 0 2 G ft" lent is 10l14/2003 a:es:ta AM EX 1842PGO279 11-17-'09 14:03 FROM- T-787 P0024/0047 F-976 0wt somas ? I."' Tsar A"rtai M Qum sompe=I t M r *a1ele a. a galtagat4ede, V. 176 Mmovan DLTU ewe* L. Olabaestedt gldL=d3i, i70;s loscmw L'D101'?baaD OlgAty *ar = akat twom ad gwmt eiapbta la Mfddlwas Tontmpur, asoomd ad 0=*tYr bamisNl+ NNIF, balredad arrd doooftbrd Y SWUmtet mnmm at & pia as *0 mwthmh aide of iommide afire mes"lu ve some "m t as a point iacame l uodo od d w immosrt aw lards a! Nfts" "MM I dlMWw UOU labda Of O t O U M >fWW= uw& M dgPwas 14 "tee 00 Maeda V"t a dutaeae of nj,ta feat to a am" Due; thaea a7.dail %abds =m or :fam may a g ba mu 1. $Ulm monks ii d4Fraee !a WWOCee n anowds wt a dieueoa of 111. IT feet:; tbmm Nay mid 1a3dr of xujw mwtb ei 4opmea is atiseatow la Easmda oars a dirbtam es ay.dl seat to appot", thou* Rime em aw. Bosch 66,11 seaa 32 talaatas 23 raaooft aaat a fiatpee ad fi0.a= teat to a petal Leir?g a ai iateh 0*1 t=oe airy laedr WN el taasasly at 1aaa.rd L. wars MAR Nub u &ED*sa 711 mgmatee if smooeda vat it distaar a! Iee.7d son to a gs3irt lit. w wAdMa at Um oWiclowd a+am"Ide Drivel am" moves u dooms as r immes suet a distamoo of 14,24 felt to a a iiae pin da on aezdh Midi at Cho amd:#am mlve AVW-48-vwi dismaa szong raid strm"Ide ft*vw mwiay a sadlVam of I, 984.12 tact Bed a ley1t Of 400. II to ar. to an ism 1401 thesis along Enid oaaagraids 3 "Ve am* as dolease, 11 aitomm a Is gnaw" rest a d"tanmi 09 3dd.fl teat to a patut belly tie p3+sa at moon gr. T= mom dasrrwior U is soo04+4aees r/u:h the suvev pserased byr dobrl 9. birder, !=Zr tinted deptmhw =0, iris, wMch iritey red sanded to do Lltldlute11 K OMMY ANDOW W cc Doso am" me Ibvattiles 30, 11411 AM Deed boas94-4 to Dead Be* ¦af, VbIWA aa, legs 773. Nero or* dow 1o"& dabrlllr BK ! 842 PGO280 11-17-'09 14:03 FROM- T-787 P0025/0047 F-976 ADJUSTABLE RATE RIDER (LIBOR SbaMontholtndex (As Published In the WWI Street Journal)- Rate Caps) THIS ADJUSTABLE RATE RIDER Is made this 14th day of October, 2003 and Is incorporated into and shell be deemed to amend and w9mlement the WrIm. Deed of Trust or Security Security the (the secure Bo NS*mft AldNetable Rate Note marno (q?d?Nottel to ?Ameerlg Que? s Cow ') (tin lender of the same date and covering the property described In the Security Instrument and located at: 136 SUNNYSIDE DR, CARLISLE, PA 17013 (PropwW Addneel THE NOTE CONTAINS PROVISIONS ALLOIMNO FOR CHANGES W THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGEFI AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In &WIllon to the covenants and agreements made in the Security tnstiumart, Borrower and Lender further covenant and agree as folows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGE$ The Note provides for an Initial interest Cate of 7.500 %. The Note provides for changes to the Intersect rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGEIIS (A) Change Dates The Interest rate 1 will pay may change on the first day of November, 2006 . and on that day every Sixth month thereafter. Each date on which my Interest rate could change is called a 'Change hate' (e) The Index inning h the interim k o e 00M. my Interest rata will be based on an Index. The "Index" is ffnced rates for s6-month U.S. dollar-denominated deposits In the London market ('LIBOR"), as publshed In the Wag Street Journal. The most recent Index figure available as of the date 46 days before each Change Gate Is tailed tree "Current Index." If the Index Is no longer avalable, the Note Holder will choose a new index which is based upon comparable InfonrMon. The Nole Holder will give me notloe of this choice. Mats Loan Number. ' ;ig ` llaa fty IMI) Pop 1 *f3 10114/3003 0:5&-54 AM 8K 1842PGO281 11-17-'09 14:03 FROM- T-787 P0026/0047 F-976 C) COCUlation of Changes verors, each Mango Date, the Note Holder will oNouists my new interest rate by adding dx peroert opp 0.tlOt1 96) to the Current Index. The Nots Helder will then round the point lir osd in $sa n n 4(D))below, t rrooundedd amauW c-l fl We my now IntterrestSrat till the next Change Date. The Note Holder will then determine the amount of the mon ty payment that would be sutecient to reps!' the unpaid principal that I am to owe at the CharVe Date In full on t? me"Ity the y now anow mount st rats Ins=aly equal payments. The result of this my itttfy payment. (D) Limits on Interest Rafe Changes The Interest rare I am required to pay at the Nrst Change Date wig not be greater than 9.SM or lase than TA00% Thereafter, my inbrest We will now be Increased or decreased an any single Change Date by more than One(1.000 %) from the rate of Interest I have been paying for the preCeding six months. My ireereeaft rate will never be greater than 13.500)`No or less than 7.500)%. (E) Eftectha Dab of Changes My new Rarest rate will booome effective on each Change Data. I wil pay the amount of my new monthly payment begWing on the first monthly payment date after the Change Date until the amount at my Monthly payment Charges again. (I? Notice of Chan?pp?es The Note I'tolder wit dekvgr or mail to me a notice of any changes in mLlnterest rate and the amount of my monthly payment belbre the effective date of any change. The notice will Include Information roWRW by law to be given me and also the 400 and telephone number of a person who will answer any question I may have regarding the notice. B, TRANWW OF THE PROPERTY OR A BENBPIC & IkTM3T IN BORROWER section 18 of the Seo unity kiswument is amended to read as folims: Transfer of fist Property or a Soneft hd Inferwt In Sofrower. As used In this Section 18, "Intstest In the Prope Mum any legal or boneftclal interest In the Property, i but not ikr tad to, those benefklal Interests frsnaferred In a bond for deed, contract for de Instatement sales contract or escrow agreemont, the ln%M of which is the transfer of title by Borrower at a futurs date to a purchaser. ??40e Loan Number. Init I 816.2 pew trot) P*W 2 of 3 ICM41M03 8:50:34 AM BK 1842PGO282 11-17-'09 14;03 FROM- T-787 P0027!0047 F-976 if all or any part of the Properly or any Irderest In In Property Is sold or tranahm-ed (or If Borrower is not a nafurai person and a beneticiai Ingest in Borrower Is sold or transleired) wt tout Larders prior wrkW consent, Corder may require irntmergate payment In full of al sums secwOd by !iris Saa tty inetiurnertt. However, this option shall not be exercised by Lander If suoh exercise Is prohibdad by fedwal law. Lender afao -shall not exercise ft option if; (a) Bomwer causse to submilled to LNtder Irtfamw ion required by Lender to evakwte the intended transferee as If a new loan were being made to rite tranaferse, and (b) Lander reasonably claw tines that Larder's sew* will not. be Invoked rn the loan e? sin and that the risk of a breach of any covenant or sonwoc t lit this 5 to Under. To the eoMra permktad by AwIftablte Law, Lender may dwpe a reasonable fee as a condition to Lender's consent to the ban aasumpbon. Lender may also require tM transferee to sign an asetanptlort agrow nent that is soceptable to Larder and MA **Mn the transferee 10 keep all the promises and agMoments made In the Note and in this Security Instrument. Bonvwr wW cone tttte to be obugsted underthe Note and this Sematty irteWmertt unless tender releases Borrower In.wrldrigi V Lander exercises the option to require immedlete payment in fug, ruaa the etc?ratlon of attic perbd, Lender may Invoke any remedies permitted by this Secxntisr>atnartant without tYrrther notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. J2= a /1 ato zt36r -M -w RY DR-A-MT-ADT, r. ,?'-"`- Borrower (Sod Ct? i11ic ro be . r+-- '' ----(Seal) Tnamerland COUMy 1"A Loan Number: ' etas 4tw Vol) P"* 3 03 10114/2003 9:96:54 AM gK i-Sk2FG0283 a Oan Number: ADJUSTABLE RATE NOTE (LIBOR Index - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE ANU MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. THIS LOAN HAS A PREPAYMENT PENALTY PROVISION. October 14, 2003 Orange CA Ir[ate] Icily] [state) 136 SUNNYSIDE DR, CARLISLE, PA 17013 (Properly Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 109,725.00 (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is Ameriquest Mortgage Company . I understand that the Lender may transfer this Note. The 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 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 7.500 %. This Interest rate I will pay may change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making payments every month. i will make my monthly payments on the first day of each month beginning on December 1, 2003 1 will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied to interest before principal. If, on November 1, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the maturity date. I will make my payments at: 505 City Parkway West, Suite 100, Orange, CA 92868 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. $ 767,22 . This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new Interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of November, 2005 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure available as of the date 45 days before the Change Date is called the "Current Index." If at any point in time 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. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six percentage point(s) 6.000 %) to the Current Index. The Note Haider will then round the result of this addition to the nearest one-eight of one percent (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. Intiials: - Z01-1PA (rt-. 07/03) 1 of 3 ,? . '16x1 4/.20p3 8:56:64 AM 0 *Loan Number: (D) Limits on Interest Rate Changes The Interest rate I am required to pay at the first Change Date will not be greater than 9.500 % or less than 7.500%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than One percentage point(s) 1.000%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.500 % or less than 7.500 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the arnount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will Include information required by law to be given me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. PREPAYMENT PRIVILEGE I may repay all or any part of the principal balance of this Note in accordance with the terms of this Section. A "prepayment" is any amount that I pay in excess of my regularly scheduled payments of principal and interest that the Lender will apply to reduce the outstanding principal balance on this Note in accordance with this Section. (A) Prepayment Made Three (3.00) year(s) After the Date of this Note I will not have to pay a prepayment charge if I make a prepayment on the Three (3.00) year anniversary of the date this Note is executed, or at any time thereafter. (B) Prepayment Made Within Three (3.00) year(s) of the Date of this Note If the original principal balance of my loan exceeds $50,000.00, 1 will pay Lender a prepayment charge if, in any twelve (12) month period before the Three (3.00) year anniversary of the date this Note is executed, I prepay more than 20% of the original principal balance of this Note. The prepayment charge will be six (6) months interest, at the rate then in effect on this Note, on the amount In excess of 20% of the original principal balance that I prepay within such 12 month period. (C) Application of Funds I agree that when I Indicate in writing that I am snaking alprepayment, the Lender shall apply funds it receives first to pay any prepayment charge and next in accordance with the order of application of payments set forth in Section 2 of the Security Instrument. (D) Monthly Payments If I make a prepayment of an amount less than the amount needed to completely repay all amounts due under this Note and Security Instrument, my regularly scheduled payments of principal and Interest will not change as a result. 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, than: (i) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (ii) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the principal l owe under this Note or by making a direct payment to me. If a refund reduces the principal, the reduction will be treated as a partial prepayment. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payment If the Note Holder has not received the full amount of any monthly payment by the end of fifteen calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 6.000% 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 date 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 which has not been paid and all the interest that I owe on that amount. The date must be at least 30 days after the date on which the notice Is delivered or mailed to me. (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. Those expenses Include, for example, reasonable attorneys' fees. 8. 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 I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given notice of that different address. Initials: /0 tko. 201-2PA Ina,. w03t 2 of 3 1 /2003 8:56:54 AM 0 fn Number: 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 of 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 of 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 of the amounts owed under this Note. 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. UNIFORM SECURED NOTE This Note is a uniform Instrument with limited variations in some jurisdictions. In addition, to the protections given to the Note Holder under this Nate, A Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises that 1 make In this Note. That the Security Instrument describes how and under what conditions I may he required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and Borrower is not a natural person) without the Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. Lender also shall not exercise this option If. (a) Borrower causes to be submitted to tender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonable 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 of 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 delivered or mailed within which the Borrower must pay all sums secured by this Security Instrument. If Borrower falls 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. Oral agreements, promises or commitments to lend money, extend credit, or forbear from enforcing repayment of a debt, including promises to extend, modify, renew or waive such debt, are not enforceable. This written agreement contains all the terms the Borrower(s) and the Lender have agreed to. Any subsequent agreement between us regarding this Note or the instrument which secures this Note, must be in a signed writing to be legally enforceable. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. L7r? "a (Seal) Borrower ROBERT c DRABENSTADT, Jr. 6 - (Seal) E1 mow"FS AN kBENSTADT (Seal) Borrower (Seal) Borrower 201-7PA (Rev. 07M) 3 o1`3 10/ 14/2003 8:56:54 AM American Home Mortgage Servicing Inc. PO Box 9092 Temecula, CA 92589-9092 Send Payments to: American Home Mortgage Servicing Inc P.O. Box 660029 Dallas, TX 75266-0029 PRESORT First-Class Mail U.S. Postage and Fees Paid W SO 2258127868 20111213-156 Send Correspondence to: American Home Mortgage Servicing Inc. P.O. Box 632237 Irving, TX 75063-2237 US,: -111,-11,11111 ImIII.'-I-Ir1'11'11 -11-111-1111...11...11.11-111 ROBERT C DRABENSTADT JR 136 SUNNYSIDE DR CARLISLE, PA 17015-9039 OP001 _PA 5chlbit "L " Md1" P.O. Box 631730 Irving, TX 75063-1730 12/13/2011 ROBERT C DRABENSTADT JR 136 SUNNYSIDE DR CARLISLE, PA 17015-9039 Loan Number: Property Address: 136 SUNNYSIDE DR CARLISLE, PA 17013 www.ahmsi3.com American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 136 SUNNYSIDE DR CARLISLE, PA 17013 YOUR LOAN IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 10/01/2011: $2,515.75 Late Charge(s) (if applicable): $1,334.85 Other Charge(s): NSF and Advances (if applicable): $596.50 Less: Credit Balance: $0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $4,447.10 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 $4,447.10 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: American Home Mortgage Servicing, Inc P.O. Box 660029 Dallas, TX 75266-0029 or Overnight to: American Home Mortgage Servicing, Inc 1525 S. Beltline Road Coppell, TX 75019 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off 610 OP001 _PA Page] oft 2258127868 the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff 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 will be by calling us at the following number: (877) 304-3100. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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 (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You may also contact a HUD-approved housing counseling agency toll-free at (800) 569-4287 ar TDD (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently on active duty in the military service, or have been within the last nine (9) months, please notify American Home Mortgage Servicing, Inc immediately. When contacting American Home Mortgage Servicing, Inc as to your active duty status, please provide positive proof as to your active duty status, i.e. a copy of your active duty orders. This information is also applicable to you if you are considered a "dependent", as defined by the "SCRA", of a servicemember who is currently on active duty in the military service, or has been within the last nine (9) months. If you do not provide this information, it will be assumed that you are not entitled to protection under the above-mentioned Act. American Home Mortgage Servicing, Inc is attempting to collect a debt, and any information obtained will be used for that purpose. Unless you notify us within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, we will assume this debt is valid. If you notify us within thirty (30) days from receiving this notice that you dispute the validity of this debt or any portion thereof, we will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Upon your written request within thirty (30) days after the receipt of this letter, we will provide you with the name and address of the original creditor, if the original creditor is different from the current creditor. Sincerely, American Home Mortgage Servicing, Inc P.O. Box 632237 Irving, TX 75063-2237 Phone: (877) 304-3100 OP00 I _PA Page 2of2 2258127868 American Home Mortgage Servicing Inc. PO Box 9092 Temecula, CA 92589-9092 Send Payments to: American Home Mortgage Servicing Inc P.O. Box 660029 Dallas, TX 75266-0029 Send Correspondence to: American Home Mortgage Servicing Inc. P.O. Box 632237 Irving, TX 75063-2237 PRESORT First-Class Mail U.S. Postage and Fees Paid W S0 2258127869 20111213-156 I?I?Irll?lillilln?il?illlillnlli?lul?i?r?nl?i?lliinll?l?l? SUSAN L DRABENSTADT 136 SUNNYSIDE DR CARLISLE, PA 17015-9039 OP001 _PA 44EM+:.nN IMM M.A. P.O. Box 631730 •' ? ^M Irving, TX 75063-1730 12/13/2011 SUSAN L DRABENSTADT 136 SUNNYSIDE DR CARLISLE, PA 17015-9039 Loan Number: Property Address: 136 SUNNYSIDE DR CARLISLE, PA 17013 www.ahmsi3.com American Home Mortgage Servicing, Inc is currently servicing your Mortgage Loan that is secured by the property located at: 136 SUNNYSIDE DR CARLISLE, PA 17013 YOUR LOAN IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Payments from 10/01/2011: $2,515.75 Late Charge(s) (if applicable): $1,334.85 Other Charge(s): NSF and Advances (if applicable): $596.50 Less: Credit Balance: $0.00 TOTAL YOU MUST PAY TO CURE DEFAULT: $4,447.10 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 $4,447.10 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable and sent to: American Home Mortgage Servicing, Inc P.O. Box 660029 Dallas, TX 75266-0029 or Overnight to: American Home Mortgage Servicing, Inc 1525 S. Beltline Road Coppell, TX 75019 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off M OP00 I _PA Pagel of2 2258127869 the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirty day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty 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 Sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff 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 will be by calling us at the following number: (877) 304-3100. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU 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 (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE 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 UNDER THE MORTGAGE ARE SATISFIED). CONTACT US TO DETERMINE UNDER WHATCfRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. You may also contact a HUD-approved housing counseling agency toll-free at (800) 569-4287 or TDD (800) 877-8339 for the housing counseling agency nearest you. These services are usually free of charge. Attention Servicemembers and dependents: The Federal Servicemembers' Civil Relief Act ("SCRA") and certain state laws provide important protections for you, including prohibiting foreclosure under most circumstances. If you are currently on active duty in the military service, or have been within the last nine (9) months, please notify American Home Mortgage Servicing, Inc immediately. When contacting American Home Mortgage Servicing, Inc as to your active duty status, please provide positive proof as to your active duty status, ,.e. a copy of your active duty orders. This information is also applicable to you if you are considered a "dependent", as defined by the "SCRA", of a servicemember who is currently on active duty in the military service, or has been within the last nine (9) months. If you do not provide this information, it. will be assumed that you are not entitled to protection under the above-mentioned Act. American Home Mortgage Servicing, Inc is attempting to collect a debt, and any information obtained will be used for that purpose. Unless you notify us within thirty (30) days after receiving this notice that you dispute the validity of this debt or any portion thereof, we will assume this debt is valid. If you notify us within thirty (30) days from receiving this notice that you dispute the validity of this debt or any portion thereof, we will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. Upon your written request within thirty (30) days after the receipt of this letter, we will provide you with the name and address of the original creditor, if the original creditor is different from the current creditor. Sincerely, American Home Mortgage Servicing, Inc P.O. Box 632237 Irving, TX 75063-2237 Phone: (877) 304-3100 OP00 I _PA Page 2 of 2 2258127869 f . f t VERIFICATION Fenton Ramsey hereby states that he/she is Vice President of American Home Mortgage Servicing, Inc., servicing agent for Plaintiff, in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. DATE: N Vice president Company: American Home Mortgage Servicing, Inc. S&D FILE NO: 12-040916 Robert C. Drabenstadt Jr. and Susan L. Drabenstadt (rN- ir> SHERIFF'S OFFICE OF CUMBERLAND?COUNTY Ronny RAnderson ° -F- 0 0FFI ,r Sheriff I , + l'1` . ?titilr of ?riruGFtf, 4 Jody S Smith ° r?r j t 7 ?^ 16 fl'N '. ?G Chief Deputy 6??"fir P>?._tM1 ,?? TY Richard W Stewart Solicitor Deutsche Bank National Trust Company Case Number vs. Robert C. Drabenstadt, Jr. (et al.) 2012-1478 SHERIFF'S RETURN OF SERVICE 03/08/2012 03:28 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 1528 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Robert C. Drabenstadt, Jr., by making known unto himself personally, at 136 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same timE handing to him personally the said true and correct copy of the same. MICHAEL BARRI(TVDE TY 03/08/2012 03:28 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 8, 2012 at 1528 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Susan L. Drabenstadt, by making known unto Robert C. Drabenstadt, Husband of Defendant at 136 Sunnyside Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. c IC EL BARRICK, D PUTY 03/12/2012 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 136 Sunnyside Drive, Carlisle, Pennsylvania 17013, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Occupant. Request for service at 136 Sunnyside Drive, Carlisle, Pennsylvania 17013 is currently occupied by Robert and Susan Drabenstadt, Husband and Wife. SHERIFF COST: $71.00 March 12, 2012 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 'RUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-040916 Deutsche 'Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C. Drabenstadt Jr. and Susan L. I DrabenstaGdt DEFENDANTS r 3"T v F? t V.` NIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $137,255.84 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiff s 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 $130,798.77 Interest through May 7, 2012 $1,794.17 Late Charges $1,504.55 Escrow Advances $1,583.10 Property Inspection $50.00 Property Valuations $110.00 Attorney Fees & Costs of Foreclosure $1,415.25 TOTAL $137,255.84 BY. Christopher A. DeNardo, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $137,255.84. Pro. Prothy. 12-040916 }%?U.SCi d a?+A 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 FILg NO. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 American Home Mortgage Servicing, Inc. 4875 Belfiort Road, Suite 130 Jacksonville, Florida 32256 PLAINTIFF VS. Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery COURT OF COMMON PLEAS CUMBERLAND COUNTY 12-1478 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 information contained in the records of the 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 to the best of our knowledge, information or belief, 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. SHAPIRO & DENARDO, LLC By: Christopher A. DeNardo, Esquire Sworn to and subs ib befor1 me this day of'-Y /t/lQJ`" i % \ ) _ 2012. i AM 9ubk ??,.. Merlon,TNp•• Wq,%,gomery County ¦i..?.a.. ci ne 19. 2016 ?iEiwBE 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the ; Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 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, May 4, 2012 to the following Defendants: Robert C. Drabenstadt Jr., 136 Sunnyside Drive, Carlisle, PA 17013 Susan L. Drabenstadt, 136 Sunnyside Drive, Carlisley_PA 1_7? Jenna Sharkey, Legal 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Robert C. Drabenstadt Jr. DATE OF NOTICE: May 4, 2012 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 TIRS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT 'A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION ENAPORTANTE 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 notification, 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 notification 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 direction 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: Robert C. Drabenstadt Jr., 136 Sunny-side Drive, Carlisle, PA 17013 Susan L. Drrabenstadt, 136 Sunnyside Drive, Carlisle, PA 17013 r t• +' Gt i- Christ0her 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 VS. Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Susan L. Drabenstadt DATE OF NOTICE: May 4, 2012 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION EMPORTANTE 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: Robert C. Drabenstadt Jr., 136 Sunnyside Drive, Carlisle, PA 17013 Susan L. Drabenstadt, 136 Sunnyside Drive, Carlisle, PA 17013 L, 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in: trust for the benefit of the Certificate! holders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C. 'Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 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: Robert C. Drabenstadt Jr., 136 Sunnyside Drive, Carlisle, PA 17013 Susan L. Drabenstadt, 136 Sunnyside Drive, Carlisle, PA 17013 Date Mailed: J" 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificat0holders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 4875 Belfort Road, Suite 130 Jacksonville, Florida 32256 and that the last known addresses of the judgment debtors (Defendants) are: Robert C. Drabenstadt Jr. 136 Sunnyside Drive Carlisle, PA 17013 Susan L. Drabenstadt 136 Sunny$ide Drive Carlisle, PA 17013 BY: SHAPIRO & DeNARDO, LLC e?;? Christopher A. DeNardo, Esquire Attorney for Plaintiff 12-040916 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: Robert C. Drabenstadt Jr. 136 Sunnyslide Drive Carlisle, PA 17013 Deutsche Blank National Trust Company, as ; Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. ' Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Long Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY 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: Susan L. Drabenstadt 136 Sunnysde Drive Carlisle, PP 17013 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Long Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1478 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 IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR QUEST TRUST 2004-X2, ASSET-BACKED CERTIFICATES, SERIES 2004-X2 Plaintiff (s) From ROBERT C. DRABENSTADT JR. AND SUSAN L. DRABENSTADT (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: $137,255.84 L.L.: $.50 Interest MAY 8, 2012 TO SEPTEMBER 5, 2012 IS $910.04 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $222.25 Other Costs: Plaintiff Paid: Date: 5/25/12 David D uell, Protho to (Seal) By: eputy 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 in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF vs. () Confessed Judgment () Other File No. I o? - k 7 g Amount Due $137,255.84 Interest May 8, 2012 to September 5, 2012 is 910.04 Atty's Comm Costs Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: --a -- c? .ter: . _ a c? 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: Signature: Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 U C' Attorney for: Plaintiff ?? 3 -? ,5 It Supreme Court ID # PA Bar # 78447 Ck -N 30?1 y Q?C,?ed RU 'a-_7,5_2,S l ? M f i r of ALL that tract of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Sunnyside Drive (Legislative Route 21012) at a point between lands of the Grantor and lands of Edward Hartman; thence along lands of the mentioned Hartman north 20 degrees 58 minutes 04 seconds west a distance of 127.60 feet to a stone pile; thence along lands now or formerly of Donald E. Slike south 81 degrees 25 minutes 51 seconds east a distance of 311.97 feet; thence along said lands of Slike north 86 degrees 12 minutes 13 seconds east a distance of 87.61 feet to appoint; thence along the same north 86 degrees 12 minutes 13 seconds east a distance of 510.12 feet to a point being a 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin south 36 degrees 24 minutes 12 seconds wet a distance of 459.76 feet to a point in the middle of the mentioned Sunnyside Drive; thence north 23 degrees 30 minutes west a distance of 24.94 feet to an iron pin on the northern side of the, Sunnyside Drive right-of-way; thence along said Sunnyside Drive having a radius of 1,528.92 feet and a length of 400.59 feet to an iron pin; thence along said Sunnyside Drive north 69 degrees, 17 minutes 03 seconds west a distance of 146.55 feet to a point being the place of BEGINNING. PARCEL No. 21-04-0371-027 BEING the same premises which Robert C. Drabenstadt, Jr., a married man, by Deed dated October 14, 2003 and recorded in the Cumberland County Recorder of Deeds Office on October 23, 2003 in Deed Book 260, page 53, granted and conveyed unto Robert C. Drabenstadt, Jr. and Susan L. Drabenstadt, husband and wife. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ,f 12. `J ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 AND ti0ui E 3600 HORIZON DRIVE, SUITE 150 Et`f?S Y'LVANIA KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 12-040916 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee in Itrust for the benefit of the CIVIL DIVISION Certificatelholders for Quest Trust 2004-X2, CUMBERLAND COUNTY Asset-Backed Certificates, Series 2004-X2 PLAINTIFF NO: 12-1478 VS. Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2, 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 136 Sunnyside Drive, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) Robert C. Drabenstadt Jr. 136 Sunnyside Drive Carlisle, PA 17013 Susan L. Drabenstadt 136'Sunnyside Drive Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Robert C. Drabenstadt Jr. 136'Sunnyside Drive Carlisle, PA 17013 Susan L. Drabenstadt 136 Sunnyside Drive Carlisle, PA 17013 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 in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 4875 Belfort Road, Suite 130 Jacksonville, Florida 32256 Benner Cadillac Oldsmobile 222 Paxton Street Harrisburg, PA 17111 Calvary Portfolio Services LLC 40501 Cotton Center Blvd. Phoenix, AZ 85040 4. Name and address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certficateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2, 4875 Belfort Road, Suite 130 Jacksonville, Florida 32256 Household Realty Corporation 25 Gateway Drive, gateway square/Suite 107 Mechanicsburg, PA 17055 Pennsylvania Housing Finance Agency 211 North Front Street Harrisburg, PA 17105 Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrfisburg, 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 136 Sunnyside Drive Carlisle, PA 17013 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 Z?? Christopher A. DeNardo, Esquire 12-040916 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. Robert C.' Drabenstadt Jr. and Susan L Drabenstaldt DEFENDANTS J. 3,. F{ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 12-1478 NOTICE_ OF SHERIFF'S SALE OF REAL PROPERTY TO: Robert C. Drabenstadt Jr. 1 ?6 Sunnyside Drive Carlisle, PA 17013 Your house (real estate) at: 136 Sunnyside Drive, Carlisle, PA 17013 21-04-0371-027 is scheduled to be sold at Sheriffs Sale on September 5, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $137,255.84 obtained by Deutsche Bank National Trust Comp: any, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004- X2, Asset-Backed Certificates, Series 2004-X2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The',sale will be cancelled if you pay back to Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset- Backed Certificates, Series 2004-X2 the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's 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. 12-040916 ALL that tract of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Sunnyside Drive (Legislative Route 21012) at a point between lands of the Grantor and lands of Edward Hartman; thence along lands of the mentioned I Hartman north 20 degrees 58 minutes 04 seconds west a distance of 127.60 feet to a stone pile; 'thence along lands now or formerly of Donald E. Slike south 81 degrees 25 minutes 51 seconds east a distance of 311.97 feet; thence along said lands of Slike north 86 degrees 12 minutes 13 seconds east a distance of 87.61 feet to appoint; thence along the same north 86 degrees 12 minutes 13 seconds east a distance of 510.12 feet to a point being a 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin south 36 degrees 24 minutes 12 seconds weft a distance of 459.76 feet to a point in the middle of the mentioned Sunnyside Drive; thence north 23 degrees 30 minutes west a distance of 24.94 feet to an iron pin on the northern side of the ISunnyside Drive right-of-way; thence along said Sunnyside Drive having a radius of 1,528.92 feet and a length of 400.59 feet to an iron pin; thence along said Sunnyside Drive north 69 degrees, 17 minutes 03 seconds west a distance of 146.55 feet to a point being the place of BEGINNING. PARCEL No. 21-04-0371-027 BEING they same premises which Robert C. Drabenstadt, Jr., a married man, by Deed dated October 14', 2003 and recorded in the Cumberland County Recorder of Deeds Office on October 23, 2003 in Deed Book 260, page 53, granted and conveyed unto Robert C. Drabenstadt, Jr. and Susan L. Drrabenstadt, husband and wife. +1 , 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. 12-040916 Deutsche Bank National Trust Company, as Trustee in trust for the benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 PLAINTIFF VS. ; Robert C. Drabenstadt Jr. and Susan L. ; Drabenstadt DEFENDANTS --y r-.~ ,-- e~ro n.s 3 C ~, v-~ ~~ .~ A Q, r-- ~.. ~~ ~~ ~ ~~ ~, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:12-1478 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA RC.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for Plaintiff, Deutsche Bank National Trust Company, as Trustee in trust for the benefit of Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2, her certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached her by United States mail, first class, postage prepaid, with Certificates of Mailing. on Augur 2012, the originals of which are attached and that each of said persons appears on Plaint Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC ~~%~, BY: Meghan Williams Legal Assistant 3, 12-040916 ~ ~ I~ ~ LL K. N W C N , ~ o ~ ° % ~~ m N > ~ -~ /,~ ~~"~~- dui U F N °' ~l IOC ~ uo w l to ~ ~ ~ ~ ~ LL ~` ~ ~ o i~~ °' ~ `'' o ~ O U ~ ` NOO ~' ~;y ~, j ' .~. ~~ J Q ~' ~ ~ mV ~•E ~C.42 _ ,,,. x $ ~ ~ ~ o d ~~a 0 ';~ ~ a :: ~~ 5 ~.4 ~_ '~ ~ 8 q~ a c O ~ U CJ ~~~ d a m ~ N o a~ . cQ ~ cTi ~~~tq m ti ~ e 0 ~ v ~ a 6 H' ~ y 47 r~ .~ ll~~ ~ EE ~ ~ ~~ 0 3 o w v y N W ~ y LJ '" ~ ~ ~ m O ~ .~. OA N v1 y J o0 i$ U~ 2 ~ do ~ u~ o ~~ ~'>a o ~~ ado °~g°= •E ~~ V ~~ ~~Q a~joo ~~ ~ ~ °a ~.y^ c N6 d ~p~' ~ ~ ~sAQ„ T' ° X10 ayo.,¢ v ~tl`~ ~~ ~S ~ ~y E~V„N ~u S ~ 0 3 > ~ x ^~00^ ¢ Viz.= ~a~ ~V a ~~~ yz° y ~~.n'.~ ~ Pe~~ U=U fdNS U°va xN~ a~vx f=-`=U a~Aax U ~ rani c~~ O II ~+ i C N II Q u A W a w c 'o a m `o Y d .~ F~ d • ~ N o a O ~,. m p~ g' ~ ~ N O Z d N p C 'C ~ Q ~ ~ Q ~ ~ N ~ z~ ~ B g '2 ~ $ g g~'~°a. ~ ~' r> A o x~ c ~ a p _' ~ = C ~ lL Z V1 t+1 fn ~ ~ N M ~ iA fC ~ C0 J d SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 CAITLIN M. DONNELLY, ESQUIRE, ATTORNEY I.D. NO. 311403 KASSIA FIALKOFF, ESQUIRE, ATTORNEY I.D. NO. 310530 AMY GLASS, ESQUIRE, ATTORNEY I.D. NO. 308367 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278 -6800 S & D FILE NO. 12- 040916 Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS Trustee in trust for the benefit of the C1VIL DIVISION Certificateholders for Quest Trust 2004 -X2, CUMBERLAND COUNTY Asset - Backed Certificates, Series 2004 -X2 PLAINTIFF NO: 12 -1478 c VS. ^ `'= Robert C. Drabenstadt Jr. and Susan L. Drabenstadt DEFENDANTS TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE L Please withdraw my appearance on behalf of the Plaintiff in the above - captioned matter. SHAPIRO & DeNARDO, LLC Date: \o/I LA13 BY: Attorneys for Plaintiff 'ASSIA FIALKOFF, ESQUIRE 12- 040916 4. -1 0 PHELAN HALLINANOW John Michael Kolesnik, NpRg 1617 JFK Boulevard, Stfe1 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS • FOR QUEST TRUST 2004-X2, ASSETT- COURT OF COMMON PLEAS BACKED CERTIFICATES, SERIES 2004-X2 CIVIL DIVISION Plaintiff CUMBERLAND COUNTY VS. No. 12-1478 CIVIL ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff, DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR QUEST TRUST 2004-X2, ASSETT-BACKED CERTIFICATES, SERIES 2004-X2 in the above captioned matter. Date: PH 4t 934779 Phelan Ha n, LLP hn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Phelan Hallinan, LLP PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik@phelanhallinan.com 215-563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR QUEST TRUST 2004-X2, ASSETT- BACKED CERTIFICATES, SERIES 2004-X2 Plaintiff VS., ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 12-1478 CIVIL CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s) on the date listed below: Date: ROBERT C. DRABENSTADT, JR. 136 SUNNYSIDE DRIVE CARLISLE, PA 17015-9039 PH ft 934779 5/0 SUSAN L. DRABENSTADT 136 SUNNYSIDE DRIVE CARLISLE, PA 17015-9039 Phelan Halliin , LLP ./n Michael Kolesnik, Esq., Id. o.308877 Attorney for Plaintiff Phelan Hallinan, LLP By: PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 Plaintiff V. Robert C. Drabenstadt, Jr. Susan L. Drabenstadt Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/26/2012 to Date of Sale ($22.56 per diem) TOTAL Note: Please attach description of property. PH # 934779 faesofry a4 e 196,s(-4 It Li s (0 so Lt I e:96 t CA COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12-1478 CIVIL : CUMBERLAND COUNTY $137,255.84 $18,747.36 $156,003.20 Ade(4111111r P11111rininan, LLP Michael Kolesnik, Esq., Id. No.308877 ttorney for Plaintiff to).5 Dbof ei_ Nip/3? 26sm I CD CD • Pad LEGAL DESCRIPTION ALL that tract of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point oudzoorthernsiduof3 Drive Route 21012) at a point between lands of the Grantor and lands of Edward Hartman; thence along lands of the mentioned Hartman north 20 degrees 58 minutes 04 seconds west a distance of 127.60 feet to a stone pile; thence along lands now or formerly of Donald E. Slike south 81 degrees 25 minutes 51 seconds east a distance of 311.97 feet; thence along said lands of Slike north 86 degrees 12 minutes 13 seconds east a distance of 87.61 feet to appoint; thence along the same north 86 degrees 12 minutes 13 seconds east a distance of 510.12 feet to a point being a 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin south 36 degrees 24 minutes 12 seconds west a distance of 459.76 feet to a point in the middle of the mentioned Sunnyside Drive; thence north 23 degrees 30 minutes west a distance of 24.94 feet to a n iron pin on the northern side of the Sunnyside Drive right-of-way; thence along said Sunnyside Drive having a radius of 1,528.92 feet and a length of 400.59 feet to an iron pin; thence along said Sunnyside Drive north 69 degrees, 17 minutes 03 seconds west a distance of 146.55 feet to a point being the place of BEGINNING. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES VESTED IN Robert C. Drabenstadt, Jr. and Susan L. Drabenstadt from Robert C. Drabenstadt, Jr., by Deed, dated 10/14/2003 and recorded 10/23/2003 in Book 260 Page 53. PREMISES BEING: 136 Sunnyside Drive, Carlisle, PA 17015-9039 PARCEL NO. 21-04-0371-027 PHELAN HALLINAN, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 John.Kolesnik @phelanhallinan.com 215 -563 -7000 i. P'FiONC rJ BERLA ND COUNTY PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 2004 -X2, Asset - Backed Certificates, Series 2004 -X2 Plaintiff v. Robert C. Drabenstadt, Jr. Susan L. Drabenstadt Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 12 -1478 CIVIL . Cumberland County The undersigned attorney hereby states that he /she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11 -1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: P��tra Ili nan, LLP /ohn Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 20011-X2, Asset - Backed Certificates, Series 2004 -X2 ,,plaintiff v. Robert C. Drabenstadt, Jr. Susan L. Drabenstadt Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 12 -1478 CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 2004 -X2, Asset - Backed Certificates, Series 2004 -X2, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 136 Sunnyside Drive, Carlisle, PA 17015 -9039. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) Robert C. Drabenstadt, Jr. Susan L. Drabenstadt 2. Name and address of Defendant(s) in the judgment: Name Robert C. Drabenstadt, Jr. Susan L. Drabenstadt 136 Sunnyside Drive, Carlisle, PA 17015 -9039 136 Sunnyside Drive, Carlisle, PA 17015 -9039 Address if address cannot be reasonably ascertained, please so indicate) 136 Sunnyside Drive Carlisle, PA 17015 -9039 136 Sunnyside Drive Carlisle, PA 17015 -9039 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Deutsche Bank National Trust Company CIO Edward D. Conway, Esquire Deutsche Bank National Trust Company C/O Joseph A. Goldbeck, Esquire Deutsche Bank National Trust Company C/O Margaret Gairo, Esquire Deutsche Bank National Trust Company C/O Michael T. Mckeever, Esquire Deutsche Bank National Trust Company C/O Terrence J. Mccabe, Esquire PH # 934779 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 -1031 601 Creek Lane Flourtown, PA 19031 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 -1031 701 Market Street, Suite 5000 Philadelphia, PA 19106 123 S. Broad Street, Suite 1400 Philadelphia, PA 19109 -1031 Cumberland County Adult Probation Cavalry Portfolio Services, LLC Cavalry Portfolio Services, LLC C/O Americhoice Fcu, as Garnishee 4 East Liberty Avenue Carlisle, PA 17013 P.O. Box 27288 Tempe, Az 85282 2175 Bumble Bee Hollow Road P.O. Box 1429 Mechanicsburg, PA 17055 Cavalry Portfolio Services, LLC 1001 East Hector Street, Suite 220 CIO Frederic I. Weinberg, Esquire Conshohocken, PA 19428 Cavalry Portfolio Services, LLC 1166 Walnut Bottom Road C/O Members First Fcu, as Garnishee Carlisle, PA 17013 Brenner Cadillac Oldsmobile 2222 Paxton Street Harrisburg, PA 17111 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) Household Realty Corporation 25 Gateway Drive Gateway Square, Suite 107 Mechanicsburg, PA 17055 Household Realty Corporation 25 Gateway Drive, Suite 107 C/O Carl R. Epstein Mechanicsburg, PA 17050 Household Realty Corporation 2925 Country Drive, Suite 201 C/O US Recordings, Inc. St. Paul, MN 55117 Pennsylvania Housing Finance Agency 211 N. Front Street Harrisburg, PA 17101 -1406 Pennsylvania Housing Finance Agency P.O. Box 15530 211 North Front Street Harrisburg, PA 17105 -5530 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 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: Name Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 136 Sunnyside Drive Carlisle, PA 17015 -9039 PH # 934779 Commonwealth of Pennsylvania Bureau of Individual Taxes Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program The United Telephone Company of Pennsylvania Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for The Middle District of PA Federal Building 6th Floor, Strawberry Sq. Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 1201 Walnut Bottom Road Carlisle, PA 17015 -7688 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108 -1754 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.A. § 4904 relating to unsworn falsification to auth Date: PH # 934779 By: Ph an Hallinan, LLP J n Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215 -563 -7000 Deutsche Bank National Trust Company, as Trustee in Trust for : COURT OF COMMON PLEAS the Benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 : CIVIL DIVISION Plaintiff : NO.: 12-1478 CIVIL vs. : Cumberland County Robert C. Drabenstadt, Jr. Susan L. Drabenstadt Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY 4,4,1 pit:3 r TO: Robert C. Drabenstadt, Jr. CD Susan L. Drabenstadt 136 Sunnyside Drive c--- Carlisle, PA 17015-9039 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 136 Sunnyside Drive, Carlisle, PA 17015-9039 is scheduled to be sold at the Sheriff's Sale on 09/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $137,255.84 obtained by Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 2004-X2, Asset- Backed Certificates, Series 2004-X2 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 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. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared Lo the value of your property. 3. 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 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 12-1478 CIVIL Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 2004-X2, Asset-Backed Certificates, Series 2004-X2 V. Robert C. Drabenstadt, Jr. Susan L. Drabenstadt owner(s) of property situate in MIDDLESEX TOWNSHIP, CUMBERLAND County, Pennsylvania, being 136 Sunnyside Drive, Carlisle, PA 17015-9039 Parcel No. 21-04-0371-027 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $137,255.84 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL that tract of ground situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the northern side of Sunnyside Drive (Legislative Route 21012) at a point between lands of the Grantor and lands of Edward Hartman; thence along lands of the mentioned Hartman north 20 degrees 58 minutes 04 seconds west a distance of 127.60 feet to a stone pile; thence along lands now or formerly of Donald E. Slike south 81 degrees 25 minutes 51 seconds east a distance of 311.97 feet; thence along said lands of Slike north 86 degrees 12 minutes 13 seconds east a distance of 87.61 feet to appoint; thence along the same north 86 degrees 12 minutes 13 seconds east a distance of 510.12 feet to a point being a 24 inch oak; thence along lands now or formerly of Leonard L. McLaughlin south 36 degrees 24 minutes 12 seconds west a distance of 459.76 feet to a point in the middle of the mentioned Sunnyside Drive; thence north 23 degrees 30 minutes west a distance of 24.94 feet to a n iron pin on the northern side of the Sunnyside Drive right-of-way; thence along said Sunnyside Drive having a radius of 1,528.92 feet and a length of 400.59 feet to an iron pin; thence along said Sunnyside Drive north 69 degrees, 17 minutes 03 seconds west a distance of 146.55 feet to a point being the place of BEGINNING. UNDER and subject to any and all covenants, conditions, reservations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES VESTED IN Robert C. Drabenstadt, Jr. and Susan L. Drabenstadt from Robert C. Drabenstadt, Jr., by Deed, dated 10/14/2003 and recorded 10/23/2003 in Book 260 Page 53. PREMISES BEING: 136 Sunnyside Drive, Carlisle, PA 17015-9039 PARCEL NO. 21-04-0371-027 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR QUEST TRUST 2004 -X2, ASSET - BACKED CERTIFICATES 2004 -X2 Vs. NO 12 -1478 Civil Term CIVIL ACTION — LAW ROBERT C. DRABENSTADT, JR., SUSAN L. DRABENSTADT WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $137,255.84 L.L.: Interest FROM 5/26/2012 TO DATE OF SALE ($22.56 PER DIEM) - $18,747.36 Atty's Comm: Atty Paid: $1,039.09 Plaintiff Paid: Date: 4/30/14 Due Prothy: $2.25 Other Costs: David D. Buell, Prothonota (Seal) B Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215 -563 -7000 Supreme Court ID No. 308877 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PH # 934779 SERVICE TEAM/ lxh COURT NO.: 12-1478 CIVIL PLAINTIFF DEUTSCHE BANK NATIONAL TRUST COMPANY DEFENDANT ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT SERVE ROBERT C. DRABENSTADT, JR. AT: 136 SUNNYSIDE DRIVE CARLISLE, PA 17015-9039 TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 SERVED Served and made known to ROBERT C. DRABENSTADT, JR., Defendant on the 2 -Ft day of A4A1 , 20 IA_ at ,^ �y g: S V, o'clock t' M., at 136 St' INys (be 1)R, ` t_ Le PC the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age SW Height 5`94 Weight ? 0 0 Race 1A✓ Sex IV\ Other Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to 'enalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: On the dayof 20 , at state that Defendnt NOT FOUND because: Vacant Does Not Exist No Answer on at Service Refused Other: I understand that this statement is made subject to the falsification to authorities. NAME: PRINTED NAME: Ronald Mull Process Server TITLE: NOT SERVED o'clock _. M., I, , a competent adult hereby Moved BY: PRINTED NAME: Does Not Reside (Not Vacant) at C) r penalties of 18 Pa. C.S. Sec. 4904 relatir unsworn • tel_ • r-- D r� ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY DEUTSCHE BANK NATIONAL TRUST COMPANY PH # 934779 DEFENDANT SERVICE TEAM/ lxh ROBERT C. DRABENSTADT, JR. COURT NO.: 12-1478 CIVIL SUSAN L. DRABENSTADT SERVE' SUSAN L. DRABENSTADT AT: 136 SUNNYSIDE DRIVE CARLISLE, PA 17015-9039 SERVED TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: September 3, 2014 Served and made known to SUSAN L. DRABENSTADT, Defendant on the day of AA.Ary , 20 (4, at g:Stl , o'clock t. M., at 136 S vNniYS IDE D2, C¢QLtSte, P4 , in the manner described below: _ Defendant personally served. ✓ Adult family member with whom Defendant(s) reside(s). Relationship is 41A S 64-1413 Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age Ebi Height 519 Weight 2O0 Ronald Moll I, , a competent adult, hereby verify that I personally handed a true and correct copy of the ^Notice of`Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Race W Sex At Other DATE: 5�(I� NAME: PRINTED NAME: Ronald Moll TITLE: process Server NOT SERVED On the day of,20 , at o'clock . M., I, state that Defendant NOT FOUND ecause: Vacant Does Not Exist Moved , a competent adult hereby Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 18 Pa. C.S. Sec. 4904 relating to -unsworn Z� C © g rc r, PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 FILED -OFFICE _ OF THE PROTH�ONO �1R ll'U 10A Attorney for Plaintiff CO PENNSYLVAN COARTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST CUMBERLAND COUNTY COMPANY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION ROBERT C. DRABENSTADT, JR. No.: 12-1478 CIVIL SUSAN L. DRABENSTADT Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto Exhibit "A". Date: 77(1/ 7/c Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH # 934779 Name and Address Of Sender Phelan Heilman. LLP 1617 3FK Boulwrrd, Suite 1400 0 --: Philadelphia, PA 19103 AZKIDDA-0981/1011 SALE I l t v.Tfl "`���•••���+"' "�, w6R'•=5 46 In N o ,= o 44 ,- m d 3 %Pict ... F' x ,+ 1 v .' }Fi� v y3l� fd UoArticlew a Mamma Article it Name of Addree, Street, cad Pmt Office Address - 1 •••A TENANT/OCCUPANT 176 SUNNYSIDE DRIVE CARLISLE, PA 1701340391. 30.47 2 •••• BRENNER CADILLAC OLDSMOBILE14.... 1733 PAXTON S7REET HARRISBURG, PA 17111 ». 50.47 U/.7 C• 3 •`•• CAVALRY PORTFOLIO SERVICES, LLC TEMPE, AZ 83282 _ TEMFE AZ 3047 4 •A•• CAVALRY PORTFOLIO SERVICES, LLCGO A:MERICIIQICE ECU, AS GARNISHEE. - 2175 BUMBLE BEE HOLLOW ROAD P.O. BOX 1439VI MECHANICSBURG, PA 17003 $0,47 - 7 3 •••• CAVALRY PORTFOLIO SERVICES, LLCC/O FREDERICI. WEINBERG, ES QUIRE. 1001 EAST HECTOR STREET. SUITE 220:_ 11.CONSHOHOCKEN, PA 19120 70.47 6 `•• CAVALRY PORTFOUO SERVICES, LLC CA MEMBERS.IRST FCU,AS'GARNISHE..E 1166 WALNUT BOTTOM ROAD CARLISLE, PA 17013 t 30.47, 7 •••• COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INIIERITANCE TAX Di VIS ION 6711 FLOOR STRAWBERRY SQ. DEPT 280601 \ HARRISBURG, PA 17123 SO.07 8 `••• CUMBERLAND COUNTY ADULT PROBATION 4 EAST LIBERTY AVF2xUE- CARUSLE, PA 17013 ` .70,47 .. 9 •••• DEPARTMENT OF PUBUC WELFARE. TPL CASUALTY UN IT, ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING 11 HARRISBURG PA 17107 00,47 .. ID •••• DEUTSCHE BANK NATIONAL TRUST COMPANY CIO EDWARD R CONWAY. ESQUIRE 123S. BROAD STREET, SUITE 1400 PIIILADELPHIA, PA 19109.1031 `` $0.47 II •••A DEUTSCHE BANK NATIONAL TRUST COMPANY CSO JOSEPH A. GOLDBECK, ESQUIRE 601 CREEK LANE= FLOURTOWN, PA 19031 I 50,47 12 •••• DEUTSCHE BANK NATIONAL TRUST COMPANY CIO MARGARET CAIRO, ESQUIRE 123 S. BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109^1031 fir• 50.47 13 •••• DEuTSCHE BANK NATIONAL TRUST COMPANY 00 MICHAEL T. MCKEEVER, ESQUIRE 701 MARKET STREET, SUITE 5000 PHILADELPHIA, PA 19106 50.47 14 •••• DEUTSCHE BANK NATIONAL TRUST COMPANY CR) TERRENCEJ MCCABE, ESQUIRE 123 S BROAD STREET, SUITE 1400 PHILADELPHIA, PA 19109-1931 uu 15 ' •••• HOUSEHOLD REALTY CORPORATION 23 GATEWAY DRIVE - GATEWAY SQUARE, SUITE 107 ` M ECHAN .,. ._ , . .._ 50;47 ..,7R: (COIt3BERT;7( t '�'PH#'7347T91!(12F'^��-a=--IS91s'R'iH"�iiA1- -.... ..,. 8X11• , Teal timber of Prow Listed try S..mkr Teal Number of Neat Reached u Post Office Postmaster. Per (Narita of Receiving Employee) The full decluuion of value is required an all domestic and imanafionsl mpmated mall. The maximum indemnity payable for IhO reconstruction of nonnegaiabk documents under Eaprets Mail tlocwneo mono rug ion rasrirarra is 330,000 per piece subject so a limit of $300,000 per 000wrc3a. The maximum indemnity payable cm Exprccs Mall merchandise is 3300. The maximum Indemnity payable is 325,000 for regime/ad mail, actu vinh optional insurance. Sec Omuestis Mail Mabuwl R900 0913 and 59,71 far limitations of covcrp, _ orm 3877 Fa tae J ti Name and Address Phelan Hallinan, .LLP 1617 JFK Boulevard, Suite 1400 MA p[AISR4 WAIL resin \.cuic, riazaf{ Philadelphia, PA 19103 AZK/DDA - 09/03/2014 SALE ` n w !!jj � , , w M1� p o W LPI C n I 11 C y� Zs - 1 amen a of }vno . y. ' . Line Article Number Name of Addressee, Street, and Post Office Address Postage •*•• HOUSEHOLD REALTY CORPORATION C/O CARL R. EPSTEIN 25 GATEWAY DRIVE, SUITE 107 MECHANICSBURG, PA 17050 $0.47 2 **** HOUSEHOLD REALTY CORPORATION C/O US RECORDINGS, INC. 2925 COUNTRY DRIVE, SUITE 201 ST. PAUL, MN 55117 50.47 ttt� 3 *•** PENNSYLVANIA HOUSING FINANCE AGENCY 211 N. FRONT STREET 4.- HARRISBURG, PA 17101-1406 vs 50.47 4 •••* PENNSYLVANIA HOUSING FINANCE AGENCY P.O. BOX 211 NORTHHFRONT STREET HARRISBURG, PA 11105-5530 $0.47 • 5 ••*• THE UNITED TELEPHONE COMPANY OF.PENNSYLVANIA 1201 WALNUT BOTTOM ROAD CARLISLE, PA 17015-7688 $0.47 6 *•** DOMESTIC RELATIONS OF CUMBERLAND COUNTY 13 NORTH HANOVER STREET .► CARLISLE, PA 17013 $0.47 A 7 *••* COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.Q. BOX 2675 • HARRISBURG, PA 17105 $0.47 8 **** INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 qr PITTSBURGH, PA 15222 $0.47 9 •**• U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 $0.47 VOW BBOWRIffistatl. OPII.I.D.A ©). ? Q3477p �tl03 Writ Team $11.28 Taal Number of Pieces Usual by Seeder Taal NaMer of Pieces Received at Pow Moe Postmoner, Pa (Name of Receiving Employes) The full declaration of value is required on all domain and iraeraaional registered mail, The muimum indemnity palable fa the recanstrectmn of rmomYabbk documents under Express Mad doeumrnl reconstruction Insane= is S50.000 pee piece suhjca to a limit of 5500000 per ouarrence. The maximum iodaanity payable on Fsprom Moil merchandise is 5500. The maximum indemnity payable Is 525.000 for registered mail, ant with optional insurance. See Domestic Mail Manual 0900 5913 std S921 (or limitations of corers Form 3877 Facsimile HE I -WO HN° TAfi, 2041111C 27 AN 9: 56 CUMBERLAND PENNSYLVANIA r PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff : CIVIL DIVISION v. : No.: 12-1478 CIVIL ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT Defendant(s) NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 09/03/2014 at 10:0y.!. above -captioned matter has been continued until 11/05/2014 at 10:00 AM. /2474/ Date: PH # 934779 an, Esq., Id. No.318079 Atto • fo Plaintiff PHELAN HALLINAN, LLP Paul Cressman, Esq., Id. No.318079 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 paul.cressman@phelanhallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY Plaintiff Attorney for Plaintiff : CIVIL DIVISION v. : No.: 12-1478 CIVIL ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT 136 SUNNYSIDE DRIVE 136 S IRIVE CARLISLE, PA 1 015-'039 -9039 Date: PH # 934779 an, Esq., Id. No.318079 Att. Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelarHallinan.com 215-563-7000 t- 7-r. C") , Li t!fl t- = 3 :/ 6L7j71:`,1;si'. :13 COI ! Tv Ljt. Yi. Vir'\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 2004-X2, Asset -Backed Certificates, Series 2004-X2 Plaintiff V. ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 12-1478 CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 11/05/2014 at 10:00 AM in the above -captioned matter has been continued until 01/07/2015 at 10:00 AM. Date: Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PH # 934779 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certificateholders for Quest Trust 2004-X2, Asset -Backed Certificates, Series 2004-X2 Plaintiff v. ROBERT C. DRABENSTADT, JR. SUSAN L. DRABENSTADT Defendant(s) CERTIFICATION OF SERVICE Attorney for Plaintiff : CIVIL DIVISION : No.: 12-1478 CIVIL I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: ROBERT C. DRABENSTADT, JR. 136 SUNNYSIDE DRIVE CARLISLE, PA 17015-9039 Date: PH # 934779 /o/ z gfilc SUSAN L. DRABENSTADT 136 SUNNYSIDE DRIVE CARLISLE, PA 17015-9039 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY `F4 F 7t'« <RERIFF 5.XI..'i 3 E" .r. El IYIBRFil AND PENNSYLVANIA Deutsche Bank National Trust Company vs. Robert C. Drabenstadt, Jr. (et al.) Case Number 2012-1478 SHERIFF'S RETURN OF SERVICE 06/16/2014 06:23 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 136 Sunnyside Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County. 06/16/2014 06:23 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Robert C. Drabenstadt, Jr. at 136 Sunnyside Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County. 06/16/2014 06:23 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Robert Drabenstadt, Jr., husband, who accepted as "Adult Person in Charge" for Susan L Drabenstadt at 136 Sunnyside Drive, Middlesex Township, Carlisle, PA 17013, Cumberland County. 08/18/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/5/2014 10/22/2014 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/7/2015 01/05/2015 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: $832.97 SO ANSWERS, January 13, 2015 c) CountySiple Sheriff, 1eleosoft, Inc, RON R ANDERSON, SHERIFF ,4#3/s �y THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY PA DAVID. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE IN TRUST FOR THE BENEFIT OF THE CERTIFICATEHOLDERS FOR QUEST TRUST 2004 -X2, ASSET-BACKED CERTIFICATES 2004 -X2 Vs. ROBERT C. DRABENSTADT, JR., SUSAN L. DRABENSTADT WRIT OF EXECUTION NO 12-1478 Civil Term CIVIL ACTION —LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1). See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $137,255.84 L.L.: Interest FROM 5/26/2012 TO DATE OF SALE ($22.56 PER DIEM) - $18,747.36 Atty's Comm: Atty Paid: $1,039.09 Plaintiff Paid: Date: 4/30/14 (Seal) Due Prothy: $2.25 Other Costs: -114,64g David D. Buell, Prothonota REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308877 Depu TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and t;i3 sAai of said Court at Carii le, Pa. _ This _6,6_ day of _ Y-) Proth-. ,,otary „ The Patriot -News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 tie atriotNews Now you know 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 Amy Kotula, 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 1900 Patriot Drive, 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. 2012-1478 Civil Term DEUTSCHE BANK NATIONAL TRUST COMPANY vs. ROBERT C. DRABENSTADT, JR. Susan L Drabenstadt Atty: Joseph Schalk By virtue of a Writ of Execution No. 12-1478 CIVIL Deutsche Bank National Trust Company, as TIustee in Rust for the Benefit of the Certificateholders for Quest Trust 2004-X2, Asset -Backed Certificates, Series 2004-X2 v. Robert C. Drabenstadt, Jr. Susan L. Drabenstadt owner(s) of property situate in MIDDLESEX TOWNSHIP, Cumberland County, Pennsylvania, being 136 Sunnyside Drive, Carlisle, PA 17015-9039 Parcel No. 21-04-0371-027 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $137,255.84 This ad ran on the date(s) shown below: 07/13/14 07/20/14 07/27/14 ko-ta&t. Sworn toand subscribed before me this 20 day of August, 2014 A.D. 4411. ota,Ly, Pub`k COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberiand County My Commission Expires July 16, 2018 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES the patriot -News Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 07/13/14 Sheriff Sale 1478 5.86 $14.29 $ 83.74 07/20/14 Sheriff Sale 1478 5.86 $14.29 $ 83.74 07/27/17 Sheriff Sale 1478 5.86 $14.29 $ 83.74 Notary Fee $5.00 Digital Penn Live Charge $ 10.55 TOTAL DUE FOR THIS SALE: JLC $ 266.77 LXIII 29 CUMBERLAND LAW JOURNAL 07/18/14 Writ No. 2012-1478 Civil DEUTSCHE BANK NATIONAL TRUST COMPANY vs. ROBERT C. DRABENSTADT, JR. Susan L. Drabenstadt Atty.: Joseph Schalk By virtue of a Writ of Execution No. 12-1478 CIVIL. Deutsche Bank National Trust Company, as Trustee in Trust for the Benefit of the Certifi- cateholders for Quest Trust 2004-X2, Asset -Backed Certificates, Series 2004-X2 v. Robert C. Drabenstadt, Jr., Susan L. Drabenstadt owner(s) of property situate in MIDDLESEX TOWNSHIP, CUMBERLAND County, Pennsylvania, being 136 Sunnyside Drive, Carlisle, PA 17015-9039. Parcel No. 21-04-0371-027. Improvements thereon: RESIDEN- TIAL DWELLING. Judgment Amount: $137,255.84. 39 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: July 11, July 18 and July 25, 2014 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. Marie Coyne, tor SWORN TO AND SUBSCRIBED before me this 25 da of Jul 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018