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Home My WebLink About04-5756 FEDERMAN PHELAN, LLP ~ LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, P A 19103 (215) 563-7000 A TIORNEY FOR PLAINTIFF W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG P.O. BOX 1711 HARRISBURG, PA 17105-1711 COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. CI-t-S,SI- d~~CTE1L~ v. CUMBERLAND COUNTY WILLIAM C. BREHM, III CINDY MORTON A/KJ A CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 I 3 (800)990-9108 File #: 102085 File #: 102085 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THA T YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THA T TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA W A YYFOINT BANK, S/B/M TO FIRST ) CIVIL ACTION FEDERAL SAVINGS & LOAN ) ASSOCIATION OF HARRISBURG vs. ) CNIL DNISION ) NO, 04-5756 WILLIAM C. BREHM, III AND CINDY MORTAN AlK/A CINDY BREHM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for W AYYPOINT BANK. S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG hereby verify that on 4/26/05 true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 2, 2005 D EL G, SCHMIEG, Attorney for Plaintiff W A YPOINT BANK, SIBIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION WILLIAM C. BREHM, III CINDY MORTON AfKIA CINDY BREHM NO. 04-5756 CIVIL Defendant(s). AFFIDA VlT PURSUANT TO RULE 3129 (Affidavit No. I) W A YPOINT BANK. SI8IM TO FIRST FEDERAL SAVINGS & LOAN ASSOCI AnON OF HARRISBURG, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG. ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following infonnation concerning the real property located at ,12 WOOD LANE, CARLISLE. P A 17013 . I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicatc) WILLIAM C. BREHM, III 12 WOOD LANE CARLISLE, P A 17013 CINDY MORTON AIKIA CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a rcen' j lien on the real property to be sold: Name Last Known Address (if address cmm '! f,e reasonably ascertained, please ind'Cl\\ \ None 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occnpant 12 WOOD LANE CARLISLE, PAl 7013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisbnrg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 21. 2005 DATE $-~ jLi~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5756 CIVIL vs. WILLIAM C. BREHM, III, AND CINDY MORTON A/KIA CINDY BREHM, Defendants AND NOW, this ~0 ORDER day of September, 2005, a Rule is issued upon all interested parties to show cause why the "Plaintiff s Motion for Additional Distribution of Sale Proceeds" shall not be granted. Rule returnable ten (10) days after servi~~ /' , ~HE COURT" L~ Edward E. Guido, J. ~~Ie( vPh ela n HaJ l \ na.l\ q, Michele M. Bradford, Esquire For the Plaintiff 01lliam C. Brehm, III Jzfndy Morton AIK/ A Cindy Brehm Defendants :rlm ~ce of the Sheriff , "-'-"N"\ "H !:;'\\;...; 9 ~ :6 HV f:Z d3S SOOl AiivlOl\OiLlCtJd 3Hl .:JO 3:J1J::o-0311:J ::9.0' r-< 0>- ~g. - - - - - - S' ....c:>- o z '-" .... 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'''' I" :!..1'5" a '" - ~.~ q:!. ~ ~,l~I~~, !i'na5 .gg8i '-._ .,.r., g. t1l a i ;; (~~; ~\\ E-i ~ p a't;\ g';l :5 ~~' ~ ~ S' n ,&3Pas~ '2 ~'l-,.. ; "~H .." ...-,' .,t;'~ 1I''''s .~ ,~, ,."...,.l.fo.'<f>. il;. ,pi . 02 lA $ O. 0 H@ . 0004300311 APR 26 2005 [in MAILED FROM ZIP coDE \ 9 \ 03 :.: "0- t !ii''9..~ \ \ \ \ \ \ \ E. g ~ z 6 " ~ c:>- "0 ~ ~ ~ ~ R' en ~ S Cl t'" t'" "0 '2 ~ -Qo.! ~"\ '::r~ :;?;l.. ~.~_:::~, r.;:.c.; ;;;;(. ~2; ~ ~ ~ ~ G"'> I "p ~ -- -:= Q, ~~ ~~ -;"1:1;\ ;b,(") :?:rn 13 (./I ~ -- 1 . Plaintiff is W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG P.O. BOX 1711 HARRISBURG, PA 17105-1711 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM C. BREHM, III CINDY MORTON A/KJ A CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/18/1980 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 684, Page: 103. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 102085 6. The following amounts are due on the mortgage: Principal Balance Interest 06/01/2004 through 11/11/2004 (Per Diem $2.18) Attorney's Fees Cumulative Late Charges 09/18/1980 to 11/11/2004 Cost of Suit and Title Search Subtotal $13,281.45 357.52 1,250.00 56.85 $ 550.00 $ 15,495.82 Escrow Credit Deficit Subtotal 0.00 996.92 $ 996.92 TOTAL $ 16,492.74 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 16,492.74, together with interest from 11/11/2004 at the rate of $2.18 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN PHELAN, LLP 2L- A'/ . . ~.J'; ..r.....-~ By: ,/' /s/F;~. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 102085 " ALL tbose certa~n two tracts of land witb tbe ~provement8 thereon erected, s~tuate in South ~dd1eton Townsb~p, Cumberland County. Pennsy1vania, .Tract No. 1 bounded and deBcr~bed .in accordance with a survey and p1an thereof made by Ernest J~ Walker, Professi.ona1 Engineer, dated March 19, 1963. as follows: TRACT NO.1: BEGZNNZNG at a po1.nt On tbe nortbwestern s~de of Woodland Avenue, sometimes known as Wood ~e (50 feee wide). said po~nt being 572. feet northea.st of the center 1.~ne of the Pennsy1vania Route No. 74; thence extending a10ng land now or 1ate of Da1.e Shenk. NOT'th Sl degrees 40 ~nutes West 250 feet to an iron. pin in 1~e of land now or 1.ate of Dr. Blacksm:f..th: thence a1.ong said land, North 47 degrees Ease 144 feee to. a corner; thence by 1.and now or formerly of Thomas ~, Al~nd and Josepbi.ne T. A1.and. bi.s w:f..fe. South 40 degrees 1.9 mnutes East 244.35 feet to a. point on the northwestern side of Woodland Avenue aforesaid; ~ence along the same. South 45 d~greeB 9 ~nutes West.94.9 , feet to tbe place of begi.nn~ng. ilIr i BEZNG tbe same prem:f..ses Thomas V" Al.aud and Josephine T. A1.and. hi.s !wlfe, by deed dated April 1.0, 1.963 and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book "U". ,Vo1.ume 20. Page 81.8. granted and conveyed unto Wayne Robert Del1.~ger , and Lorene C. D"ellinge'r. h1.s wife. The 8a~d Lorene C. De1.1inger hav:l.ng · died February 5, 1976. tit1.e vested entirely in Wayne Robert De1.1inge'r, Grantor here1.o. . TRACT NO.2: BEGINNING at a point on the western side of Woodland. Avenue, also known as Wood Lane. oa:l.d iron pin be:1ng the northeastern. corner of other land of the Grantor herein: thence by sa1.d land of . the Grantor herein North 40 degrees 19 mLnutes West.244.35 feet to an 'iron p::ln; thence by land now or formerly of Dr. Blacksm1.ch. North 46 degrees 18 minutes East 43.8 feet to an :1ron pin; thence by land now or formerly of Mose Reber1.:1g', South 40 degrees 28 mi.nutes East. 243.4 feet to an :1ron pi.n on the western s::lde of Woodland Avenue; thence by the western aLde of Woodland Avenue, South 45 degrees 9 minutes West 44.55 feet to tbe place of Beginning. . BEING the same prem::lses which Thomas V. A1and a.nd Josephine T. Aland. his wife. by their deed dated June 8~ 1967, and recorded in the off1.ce of the Recorder of Deeds in and for Cumberland County. Pennsylvatrl.a. in Deed Book ".]". Volume 22, Page 499. granted and. conveyed unto Lorene C. Dellinger. The said Lorene C. Dell1nger. having d1.ed February 5. 1976. and by her Last W1.l1 and Testament du1.y probated 1.n the off1.ce of the Register of Wills for Cumberland County in Will Book 74. Page 292, devised said land, '!.nter alia. to her husband Wayne R. Dellinger. Grantor hera1.n, ~nd appo1.nted hi.m Executor of her estate. eo whom.L~tt~rs Testamentary wer~ duly ::lssu~d. By Decre~ Award~~ Real ------.---.- _.. ..--;.-. - --._-----_...~-- ~ Es.tate 'dated Hay 24. 1.977 d ." --- . . Deed Book "E" Vol~ 27 .pan ~sgorded in the offi.ce aforeaa::ld ift R. Del1.1.nger.' Grantor he';'ei.:~e · tit:1.e veseed ent1.re1:y 1.n Wayne toill AND Uu -cd tln&J&tor 1&err:bJl cot1etl4_ls 4nd ua~ 8 thae he tMrrwMe genera11.y eM P~rl71 h~ro!bv eott-.,et!- " "::' ,~ PREMISES BEING: 12 WOOD LANE. .... ".. VERIFICA nON FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. '~~$~ Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 11-lk-,1 t (.J ~ 'i 0 C'\ r--..,) C:") ....... W C3 ,.. c:) 0 Crt a.z::- -1I \:) ~t... --1 ....:t .. .. . (,.,) -.f~' ~ ~I~: :='li:T.J (0 ..c: ~ f" r ~ (-- en ~~) ~}~ .......... (" ( '.,~n CY --:~ I,'~!'~ ~:.i.~ - J'~~ :' _I.... -.(:g ,; ) r:-'? to ....,I -j .1":- " 0 .,\'1 -~::: PHELAN HALLINAN & SCHMIEG, L.L.P. By: Daniel G. Sclnnieg, Esq., Attorney LD. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Waypoint Bank, SIBIM to First COURT OF COMMON PLEAS Federal Savings & Loan Association of Harrisburg CIVIL DIVISION vs. Cumberland COUNTY William C. Brelnn, III Cindy Morton a/k/a Cindy Brelnn NO. 04-5756 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Sclnnieg, L.L.P., moves this Honorable Court for an Order directing service of the Complaint upon the above-captioned Defendant, William C. Brelnn, III, by first class mail and certified mail to the last known address and mortgaged premises, located at 12 Wood Lane, Carlisle, P A 17013, and in support thereof avers the following: I. Attempts to serve Defendant, William C. Brelnn, III, with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted, but was unable to serve the Defendant, William C. Brelnn, III, at the above-mentioned mortgaged premises of 12 Wood Lane, Carlisle, PA 17013. The Sheriff was advised that the Defendant, William C. Brelnn, III, does not live at 12 Wood Lane, Carlisle, PA 17013, as indicated by the Sheriffs Return of Service attached hereto as Exhibit "A". 2. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of January 26, 2005 to bring loan current. 4. Plaintiff submits that it has made a good faith effort to locate the Defendant( s), but has been unable to do so. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Complaint by first class mail and certified mail. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. BY:~~ Daniel G. Sclunieg, Esquire Attorney for Plaintiff Date: January 26, 2005 PHELAN HALLINAN & SCHMIEG, L.L.P. By: Daniel G. Schmieg, Esq., Attorney J.D. No. 62205 One Penn Center at Suburban Station 1617 lohnF. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Waypoint Bank, SIB/M to First Federal Savings & Loan Association of Harrisburg vs. COURT OF COMMON PLEAS CIVIL DIVISION Cumberland COUNTY NO. 04-5756 Civil Term William C. Brehm, III Cindy Morton a!kJa Cindy Brehm MEMORANDUM OF LAW Pa. R.C,P. 430(a) specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation, which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriff's retum of "Not Found" Of the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales YS. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adootion of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R Part 265, (2) inquiries of relatives neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records. and motor vehicle records. As indicated by the attached Sheriffs Return of Service, attached hereto and marked as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to PaRC.P. 430 directing service ofthe Complaint by first class mail and certified mail. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. BY:~S/ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 26, 2005 SHERIFF'S RETURN - NOT FOUND CASE -'0: 2004-05756 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS BREHM WILLIAM C III ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BREHM WILLIAM C III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT- MORT FORE , NOT FOUND , as to the within named DEFENDANT , BREHM WILLIAM C III 12 WOOD LANE CARLISLE, PA 17013 DEFENDANTS HAVE BEEN DIVORCED FOR 7 YEARS. WILLIAM DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.70 5,00 10.00 .00 36.70 So an~~~;,._::;-;;.,~."?,,::==~.....,, /-?~~<,. , R. Tho;;;as Klf~e Sheriff of Cumberland County .~ FEDERMAN & PHELAN 11/22/2004 Sworn and subscribed to before me this day of A.D. Prothonotary EKL DATA, INC AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number: 75019801 File Number: Attorney Finn: Federman & Phelan Subject: William C. Brehm III Cindy Morton Property Address 12 Wood Lane Carlisle, PA 17013 Last Known Address: 12 Wood Lane Carlisle, PA 17013 Current Address: As of November 5, 2004 12 Wood Lane Carlisle, PA 17013 Last Known Number: non-published George H. Lewis 1lI, being duly sworn according to law, deposes and says: l. I am employed in the capacity of researcher for EKL DATA, INC. 2. On November 5, 2004, I conducted an investigation into the whereabouts oftlle above named dcfendant(s). The results of my investigation are as follows: L Credit Information A. Social Security Number Our search verified the following to be true and correct: 1. William C. Brehm 11I,184-46-0111 2. Cindy Morton, 191-42-8616 B. Employment Search: William C. Brehm III and Cindy Morton - A review urthe credit report provided no employment information. C. Inquil)' of Creditors: The creditors indicated that William C. Brehm III and Cindy Morton reside at: 12 Wood Lane, Carlisle, PA 17013. II. Inquil)' of Telephone Company A. Directory Assistance Search: On November 5,2004 Qur office contacted directory assistance, which indicated that the mortgagors' telephone number is non~published at 12 Wood Lane, Carlisle, PA 17013. III. Inquiry of Neighbors Our office, using an Internet database that supplies neighboring telephone numbers, contacted the mortgagors' neighbor, Mrs. Over at 9 Wood Lane, Carlisle, PA 17013 with the phone number of 717243-8849 on N"ovember 5, 2004 and attempted to verify with her that the above-mentioned mortgagors do reside at 12 Wood Lane. Her response was that the above-mentioned mortgagers do occupy the residence. IV. Address Inquiry A. National Address Update: Our inquiry with the National Address database on November 5, 2004 indicates that the following is correct: \Villiam C. Brehm III and Cindy Morton- 12 Wood Lane, Carlisle, PA 17013. EKL DATA, INC AFFlDA VIT OF GOOD FAITH INVESTIGATION B. Additional Active Mailing Addresses Our research has not located any other additional mailing addresses for the above- mentioned mortgager. v. Drivers License Information Per the Pennsylvania Department of Motor Vehicles 'Villiam C. Brehm HI and Cindy 1\'lortol1 have identification registrations with the state. VI. Other Inquiries A. Death Rewrds: As of August 2004, there is no record for the above-mentioned mortgagers or mortgagers' social security numbers on file with the Social Security Death Index. B. Public Licenses None Found C. County Voter Registration: On l\'ovember 5, 2004, our office, using a database of all registered voters in the state of Pennsylvania, confirmed that the county doesn't have William C. Brehm III and doesn't have Cindy Morton listed as a registered voter with an address of 12 Wood Lane, Carlisle, P A 17013. D. D.G.B.: William C. B reb m III: 8/] 6/1956 Cindy Morton: 1/3/1959 E. Miscellaneous Information The above-mentioned mortgager #2 is A/KIA Cindy Brehm. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penellties of 18 Pel. C.S. Sec. 4904 relating to unSW0111 falsification to authorities. Subscribed and sworn before me on November 5, 2004. ~~ Notary Public Notarial Seal . . Ellen K. L\."wis, Notary p~~:~c -., )) 'i'\'~"" '. ,11'1 Y Hn"erford I'-"i' ,'", ." ('07 1':\'-" My Cnnn~~)'(::.." ' fvTe~'7;li;~-P~' -'~:i~,fdl' ',.;' ,":':'5 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. By:~1 - Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 26, 2005 PHELAN HALLINAN & SCHMIEG, L.L.P. By: Daniel G. Schmieg, Esq., Attorney J.D. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Waypoint Bank, S/B/M to First Federal Savings & Loan Association of Harrisburg COURT OF COMMON PLEAS CNIL DNISION Vs. Cumberland COUNTY William C. Brehm, III Cindy Morton aIkIa Cindy Brehm NO. 04-5756 Civil Term CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court, Memorandum of Law, Proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. William C. Brehm, III: 12 Wood Lane Carlisle, PA 17013 The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, L.L.P. BY:~~ Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: January 27,2005 t"~;) () ~:;':~ -<1 CJ'1 <.- ');'.. :;;';"" c.) -"(1 ::'11..: t.':; f',> W PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., ID. NO. 32227 FRANCIS S. HALLINAN, ESQ., lD. NO. 62695 DANIEL G. SCHMIEG, ESQ., lD. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF W A YPOINT BANK, SfBlM TO FIRST FEDERAL SAVINGS & COURT OF COMMON PLEAS CIVIL DIVISION LOAN ASSOCIATION OF HARRISBURG Plaintiff CUMBERLAND County vs. WILLIAM C. BREHM CINDY MORTON No. 04-5756 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. B PHELAN HAL~AN & S HMIEG, LLP ~ CIS . HALLINAN, UIRE LA WRE E T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: January 26. 2005 /i'h, Svc Dept. File# 102085 ~.) -<,-J ~J~, (,,;. "" IN THE COURT OF COMMON PLEAS Cumberland COUNTY, PENNSYLVANIA 6 FEB 0 2 200V Waypoint Bank, S/BIM to First Federal Savings & Loan Association of Harrisburg vs. CNIL DIVISION NO. 04-5756 Civil Term William C. Brehm, III Cindy Morton alk/a Cindy Brehm ORDER AND NOW, this 3 rz.J day of ;::;J..L.U~, 2005, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint mil rlllf t__ pkoflhlj,;; on the above captioned Defendant, William C. Brehm, III, by: 1. First class mail to William C. Brehm, III at the mortgaged premises located at 12 Wood Lane, Carlisle, PA 17013; and 2. Certified mail to William C. Brehm, III at the mortgaged premises located at 12 Wood Lane, Carlisle, P A 1701) -A 3) ~ ~ ..:..~...... ~ tJ 3(>(b) (I) . . c.rr%I. p,..M (t; . .J; J. :J 8 Z:5 ~,,:tl ~1- ~?:}j SUel :iO PHELAN J-IALLINAN & SCHMIEG LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21 S) Sii1-7000 W A YPOINT BANK, S!B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION vs. CUMBERLAND COUNTY WILLIAM C. BREHM, III CINDY MORTON NKJA CINDY BREHM : NO. 04-5756 CIVIL TERM Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT RVMAn. PlJRSITANTTO COTTRT ORnF:R I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons, WILLIAM C. BREHM, III at 12 WOOD LANE, CARLISLE, P A 17013 on FFRRlJ A RV 17,200'\, in accordance with the Order of Court dated FEBRUARY 3, 2005. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Date: FehnJ3ry 17, ?OOS (~ JI..f~ FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff }-.) > -;r; r---.'" ~ "'" ~ !--:> W -0 ;;e Iil ~ PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., !D. NO. 32227 FRANCIS S. HALLINAN, ESQ., !D. NO. 62695 DANIEL G. SCHMIEG, ESQ., rD. NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF W A YPOINT BANK, SIBfM TO FIRST FEDERAL SAVINGS & COURTOFCO~ONPLEAS CIVIL DIVISION LOAN ASSOCIATION OF HARRISBURG Plain1iff CUMBERLAND County vs. WILLIAM C. BREHM CrnDYMORTON~ACrnDYBREHM No. 04-5756 CIVIL Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLINAN & SCHMIEG, LLP By:f~ ;1- U(Jj~ FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: February 17,2005 / mm!, Svc Dept. File# 102085 /C) o;r :t:::.. ~ 'V"\ M m :,...,..'") W ~ Cf! <:J> SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-05756 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WAYPOINT BANK VS BREHM WILLIAM C III ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BREHM WILLIAM C III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , BREHM WILLIAM C III 12 WOOD LANE CARLISLE, PA 17013 DEFENDANTS HAVE BEEN DIVORCED FOR 7 YEARS. WILLIAM DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 3.70 5.00 10.00 .00 36.70 So answer~.=_.----,-- / ~c-._~~___---~=_ .., r'~?""--'/ _ ~ ?-- /-' " - R. Tho~s Kl f;;e Sheriff of Cumberland --_../ ",.---^,,~. County FEDERMAN & PHELAN 11/22/2004 Sworn and subscribed to before me this '~~ day OfC}AUd"1 J-lJoj A. D . ( k I /LL;> {2 YPtA(ifh./: ~ p;;;{hJnotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-05756 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAYPOINT BANK VS BREHM WILLIAM C III ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MORTON CINDY AKA CINDY BREHM the DEFENDANT , at 2018:00 HOURS, on the 19th day of November, 2004 at 12 WOOD LANE CARLISLE, PA 17013 by handing to CINDY BREHM a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 ~~~~~ " R. Thomas Kline 11/22/2004 FEDERMAN & PHELAN Sworn and Subscribed to before me this 7€- day of ~A1 c/.ihJS" A.D. ~'Ja )Jvi/f., ~' rothonotary ; By: I r' I j/ . /~ :?? 71/,/'/"v~'--~ Deputy Sheriff Phelan Hallinan & Schmieg Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1~) ~til-7000 Attorney For Plaintiff W A YPOINT BANBK, SIB/M RO FIRST FEDERAL SAVINGS & LOAN ASSOClA nON OF HARRISBURG Court Of Common Pleas Civil Division CUMBERLAND County vs. : No. 04-5756 CIVIL TERM WILLIAM C. BREHM, III CINDY MORTON AlKJA CINDY BREHM AFFmAVTT OF SFRVWF RY PURT WATTON IN A(Y~ORDANrF WTTH rOTJRT ORDFR I I hereby certify that service ofthe Civil Action Complaint in Mortgage Foreclosrre was made in accordance with the Court Order dated FEBRUARY 3, 2005 as indicated belot: By publication as provided byPa. R.C.P. Rule 430(b)(I) I I III rTTMRFRT ANn TAW TOTJRNAT on MARrH 4 )OO~ and I ) i i THF SFNTlNFT on FFRRUARY?\ )OO~. Proofs of the said publications are attache~ hereto. The undersigned understands that this statement is made subject to the penalties:1 of 18 Pa. I ! i C.S. Section 4904 relating to unsworn falsification to authorities. Date: March 25, 2005 JRH, Svc Dept FILE# 102085 I 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 Cbunty and " State aforesaid, being duly sworn, according to law, deposes and says that the Cumb~land Law Journal, a legal periodical published in the Borough of Carlisle in the County and Stale aforesaid, was established January 2, 1952, and designated by the local courts as the officialleg~1 periodical for the publication of all legal notices, and has, since January 2, 1952, bee~. regularly issued weekly in the said County, and that the printed notice or publication attached . ereto is exactly the same as was printed in the regular editions and issues ofthe said Cumber d Law Journal on the following dates, i ~z i March 4, 2005 L !- Affiant further deposes that he is authorized to verify this statement by the CJmberland 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 foregoi*g statements as to time, place and character of publication are true.' . f-- itor SWORN TO AND SUBSCRIBED bef~re me this 4 day of March, 2005 L SEAL LOIS E. SNYDER, Notary Public Carlisle 80ro, Cumberland County My Commission Expires March 5, 2005 . . . . CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 04-5756 Civil Term WAYPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG. PLAINTIFF VS. WILLIAM C, BREHM, III and CINDY MORTON, A/K/A CINDY BREHM, DEFENDANTS NOTICE TO WILLIAM C. BREHM, III: You are hereby notified that on NOVEMBER 16, 2004, P'alntlff, WAYPOINT BANK, SIB/M TO FIRST FEDERAl. SAVINGS & LOAN ASSO- CIATION OF HARRISBURG, filed a Mortgage Foreclosure Complaint en- dorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsyl- vania, docketed to No. 04-5756 CML TERM, Wherein Plaintiff seeks to fore- close on the mortgage secured on your property located at 12 WOOD LANE, CARLISLE, PA 17013, where- upon your property would be sold by the Sheriff of CUMBERLAND Coun- ty, You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of th1s publication or a Judgment Will be entered against you. NOTICE If you VJish to defend, you must enter a Written appearance person- ally or by attorney and file your de- fenses or objections in Writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the rehef request- ed by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE TIlE OF: FICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE VOU WITII INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAl. SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, P A 17013 (800) 990-9108 LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG ESQUIRE ' PHELAN, HALLINAN & SCHMIEG, L.L.P. Attorneys for Plaintiff One Penn Center Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Mar. 4 4 1- PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Sales Manager, of The Sentinel, of the County and !ptate aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper ~f general circulation in the Borough of Carlisle. County and State aforesaid, was , established December 13th, 1881, since which date THE SENTINEL has been regula~ly issued in said County, and that the printed notice or publication attached hereto is I exactly the same as was printed and published in the regular editions and issues ofl THE SENTINEL on the following day(s) i . Februarv 25, 2JJ05 COPY OF NOTICE OF PUBLICATION CIVIL JieTION ..fw ~ NO. 04-5746 CIVIL TERM WAYPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, PLAINTIFF Vs. WILLIAM C. BREHM. III and CINDY MORTON AlKfA CINDY BREHM ~ TO WILLIAM C. BREHM, III: You are hereby notified that on NOVEMBER 12..2.QQ!, Plaintiff, WAYPOINT BANK, S/BIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County, Pennsylvania, docketed to No. 04-5756 CIVIL TERM. Wherein Plaintiff seeks to foreClose on the mortgage secured on your property a112 WOOD LANE, CARLISLE, PA 17013, whereupon your property would be sold by the Sheriff of CUMBERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgement will be entered against you. ~ If you wish to defend, you must enter a written appearance personaJly or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a jUdgement may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO VOUff l.."hVVYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 LAWRENCE T. PHELAN FRANCIS S. HALLINAN DANIEL G. SCHMIEG THOMAS M. FEDERMAN Attorneys for Plaintiff FEDERMAN & PHELAN, L.L.P One Penn Center, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 , Affiant further deposes that he! she is !not interested in the subject matter of the . aforesaid notice or advertisement, an4 that all allegations in the foregoing statem~nt as to time. place and character of :1:;aretr~e. ~iL~ Sworn to and subscribed before me t:hili ?8th day of Fegrum')':L?005 c~O-) If. W~~ Notary P IC My commission expires: 1/1 Jor , ~. (-' )~~~ -., ~ (--;. "', ;;;~ ,~. r-,} '-0 """ l'V ;;;ril C) tJ'1 ::;~ ~;-) .-< .. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG P.O. BOX 1711 HARRISBURG, PA 17105-1711 CUMBERLAND COUNTY COURT OF COMMON PLE CIVIL DIVISION Plaintiff, NO. 04-5756 CIVIL v. WILLIAM C. BREHM, III CINDY MORTON AlKlA CINDY BREHM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM C. m and CINDY MORTON AlKlA CINDY BREHM, Defendant(s) for failure to file an Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale ofth premises, and assess Plaintiffs damages as follows: REHM swer to mortgaged As set forth in Complaint Interest from 11/12/04 to 4/21/05 TOTAL $16,492.74 $350.98 $16,843.72 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown a ove, and (2) that notice has been given in accordance with Rule 237.1, copy attached. ) . ( ('; {} .I] , 'A.......c l~ i{,~, DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff DAMA~ES ARE HEREBY ASSESSED AS INDICA~. .' DATE: ~r-J.(~O) A.A.JuJ PRO PROTHY R /u-t B ~]j.'?,~: ~ ~ "'" 'i') :::'0 f\) CO >i/ -'e; '::'~',4 !iJ_ lr}:-:!.] ,-- ~::::r?:1 '...<:::; ':::) ,- .>'0 /~~i :I1 >0 ,"-;rr, <~r ~~~: ~ ~) CO c::' .. ... PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Td. No. 62695 Darnel G. Schmieg, Esq., Td. No. 62205 Philadelphia, p A 19103 (21)) )(;1-7000 ATTORNEY FOR PLAINTIFF F LE COpy W A YPOINT BANK, SI8IM TO FIRST FEDERAL & : COURT OF COMMON PLEAS LOAN ASSOCTATION Plaintiff : CrvTL DIVISION Vs. : CUMBERLAND COUNTY WTLLIAM C. BREHM, Ul : NO. 04-5756 CML TERM CINDYMORTON~ACmDYBREHM Defendants TO: WILLIAM C. BREHM, III 12 WOOD LANE CARLISLE, PA 17013 DATE OF NOTICE: MARrH 2~ 21111~ TIllS FIRM TS A DEBT COLLEcrOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE S SENT TO YOU IN AN ATTEMPT TO COLLEcr THE mDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF OU HAVE PREVTOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE TS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FATLED TO ENTER A WRITTEN APPEARANC PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WTTH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS ROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING A D YOU MAY LOSE YOUR PROPERTY OR OTHER TMPORT ANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. TF YOU DO NOT HAVE A A WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THTS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVTCES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, P A 170 I3 (800)990-9108 ~J FRANCTS S. HALLINAN, ESQ IRE Attorneys for Plaintiff C> "-, (',~ c, '1l = , "'" """ -f ~1 X:n :::.:J m N -0 s:; 0:> -')Y 0 -, =r:1~ " ;'")-d (-.J ::r: r-. :;=70 7 ':':> (')1.11 ,::., -< <::) .~ 5:; 0 -< '. ,.. PHELAN HALLTNAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLATNTTFF Francis S. Hallinan, Esq., Td. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, P A 19103 (71 ,) '61-7000 W A YPOlNT BANK, SIBIM TO FIRST FEDERAL & : COURT OF COMMON PLEAS LOAN ASSOCTA TTON Plaintiff : CIVIL DIVISTON Vs. : CUMBERLAND COUNTY WILLTAM C. BREHM, III : NO. 04-5756 CIVIL TERM CINDY MORTON A/K/A CINDY BREHM Defendants TO: CINDY MORTON AlK/A CINDY BREHM 12 WOOD LANE CARLISLE, PA 17013 DATE OF NOTICE: MARCH 25 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THTS NOTTCE S SENT TO YOU TN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATTON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.TF OU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE TS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENf OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE TN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANC PERSONALLY OR BY ATTORNEY AND FTLE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTTONS TO THE CLATMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS ROM THE DATE OF THIS NOTTCE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING A D YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A A WYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVTOE YOU WITH INFORMA TTON ABOUT HIRING A LAWYER. TF YOU CANNOT AFFORD TO HTRE A LA WYER, THIS OFFICE MAYBE ABLE TO PROVIDE OU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVTCES TO ELIGIBLE PERSONS A A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQ TRE Attorneys for Plaintiff n (~~ " c ~ ", <'." = "" >- C' ::0 t'o) co o ., :r! n1::::i ;!rn CO" (..:JT --Ie) .~I: :f.~ ;}(~ cjlTI -~ ~.,; ~J -< -0 ::,~; N C) C) . . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG P.O. BOX 1711 CUMBERLAND COUNTY COURT OF COMMON PLE S CIVIL DIVISION Plaintiff, NO. 04-5756 CIVIL v. WILLIAM C. BREHM, III CINDY MORTON AlK/A CINDY BREHM Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for th Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the foil wing facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the Uni ed States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act fCongress of 1940, as amended. (b) that defendant WILLIAM C. BREHM, III is over 18 years of age and r sides at, 12 WOOD LANE, CARLISLE, PA 17013. (c) that defendant CINDY MORTON AlKJA CINDY BREHM is over 18 y ars of age, and resides at , 12 WOOD LANE, CARLISLE, P A 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 rel ting to unsworn falsification to authorities. .f)/_p DANIEL G. SCHMIEG, ES Attorney for Plaintiff (2 ~'>' r-' c:.:> c? Cf' !';,", ~ '"',') 'cO :,:~y, "-:';'> , ( ~ ~ ';C -t', fY'f:;,\ -0',-) ~n\. /C") -) _:-\S:r, -'~ -f\ 1~) (~ ;:<~ ','1i '-J --:'.-.\ -;; '.2., -? :'k. \~? o o , ~ (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENN YL VANIA CIVIL ACTION - LAW W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG P.O. BOX 1711 CUMBERLAND COUNTY COURT OF COMMON PLE S CIVIL DIVISION Plaintiff, NO. 04-5756 CIVIL v. WILLIAM C. BREHM, III CINDY MORTON A/K/A CINDY BREHM Defendant(s). N tice is given that a Judgment in the above-captioned matter has been entered against you n By: , If you have any questions concerning this matter, please contact: ,,-. (' Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN S nON 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 OI.J!.' "THIS FIRM IS A DEBT COLLECTOR A TTEMPTTNG TO COLLECT A DEBT AND ANY TNFO nON OBT ATNED WTLL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISC ARGE TN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE TS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT A LIEN AGATNST PROPERTY." ~{: -J Fb ~ ~~ ~ cf;. F('~' ~ <\--. '. l..:.l: ~ r:::' V ~ G ~ ~' r- ~ ."...". ~. --.. ,-". \..". \' c:-. ) d' ( ~ ~ 0=, r '1'\ ~ ~. ~"~:: '. 'i:~ ~.~ ~':' =2 n t:::: '" ~~ c) <:..n -1'1 ",.. .~ -0 Y-n :;;rj rnp f" 'T1 rn co :J) <:;:> ~:~(~ ~, -,--',< :~'~ ~;~ ~ r:-:> ~, '-'" "> .......... :"jJ o -< '.'. " t .... CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSU ) P.R.C.P.3180-3183 W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG Plaintiff, No. 04-5756 CIVIL v. WILLIAM C, BREHM, III CINDY MORTON A1K1A CINDY BREHM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $16,843.72 .j Interest from 4/21/05 to SEPTEMBER 7, 2005 (per diem -$2.77) $385.03 and Costs TOTAL $17,228.75 .)",. rj)~r )j )uZ~ DANIEL G. SCHMIEG, E UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, P A 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of plaintiff. It ma not be sold in the absence of a re resent the plaintiff at the Sheriff's Sale. The sale must be postp stayed in the event that a representative of the plaintiff i present at the sale. the tive of ned or not ro.,:$ O~ iJ:J> <...l ...>- ...liJ:J =-z Zz 0... ~=- ~ - oi: UZ ro.,;' 00 E-oU ~Q g~ U~ ...... ==:1 E-o~ Z;, ....U E-o ~z~ s<;, 00=:1 E-o...liJ:J E~~ ee,,= iJ:JZ :i!>ro., Z<O <iJ:JZ =:I~8 E-o E-o Z < ........... OQU =-...0 >-ro.,iJ:J < iJ:J ~ < v, .. ~ = ~ ....=:1 =>- -Q ~Z =.... ~~ ~~ ~z <0 ....E-o ...l~ :=0 ~~ >- Q Z .... U Z o .... E-o ;, U ~'E ... = '" ro., = Oc:l ... E-o .. ;:~ ~~ ~~ ot: ro., = ...~ =-'-" .... U ~ =- - -i::j ..!!:l ~ ""..., ........ QQ .......... ........ << =-=- r.S - ~::l ~~ ~ ~~ ~ >= ... r.S ~ ~ ~~ ~ ~..8 ...l...l s , Q Q '" "" ~ 00 .. '~x:a 00 ~ '-_ g ~~ '" 0. . .~. <..~........ ~ ~ 0 ;~~ ~ <:..n ~ 41 -" :!i; ~:i' ~ f!;; ;:~-~ ::0 f11:n ,/~ i;g .]~ ~..~rr.;'~ S:d(l ~ ;:r;~1 ,,""r"'::.' ~;:.O ___. ry ;"--;i-n ;~ --< 2 :'n ...... -< .{ ". DESCRIPTION ALL THOSE CERTAIN two tracts of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, Tract No. 1 bounded and descri ed in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 19, 1963, as follows: TRACT NO.1: BEGINNING at a point on the northwestern side of Woodland Avenue, SOIll times known as Wood Lane (50 feet wide), said point being 572 feet northeast of the center line f the Pennsylvania Route No. 74; thence extending along land now or late of Dale Shenk. North 51 grees 40 minutes West 250 feet to an iron pin in line of land now or late of Dr. Blacksmith; thence alo g said land, North 47 degrees East 144 feet to a corner; thence by land now or formerly of Thomas V. Aland and Josephine T. Aland, his wife, South 40 degrees 19 minutes East 244.35 feet to a point n the Northwestern side of Woodland Avenue aforesaid; thence along the same, South 45 degrees 9 inutes West 94.9 feet to the place of beginning. TRACT NO.2: BEGINNING at a point on the western side of Woodland Avenue, also kn wn as Wood Lane, said iron pin being the northeastern corner of other land of the Grantor herein; the ce by said land of the Grantor herein North 40 degrees 19 minutes West 244.35 feet to an iron pin; by land now or formerly of Dr. Blacksmith, North 46 degrees 18 minutes East 43.8 feet to an ir n pin; thence by land now or formerly of Mose Heberlig, South 40 degrees 28 minutes East 243.4 fe to an iron pin on the western side of Woodland Avenue; thence by the western side of Woodland A enue, South 45 degrees 9 minutes West 44.55 fcet to the place of Beginning. Tax Parcel #40-23-0592-002 and Tax Parcel #40-23-0592-003 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN ~nd Cindy Mo~Jo nt Tenants with Right of Survivorship and not as Tenants in Common by Deed frol1'lWayne Rob rt Dellinger, single man dated 9118/1980 and recorded 9/23/1980, in Deed Book #C-29, Page 74 . PREMISES BEING: 12 WOOD LANE, CARLISLE, PA 17013 (' ~ / 00 1'. I~ I . ~ ~ (') ,.-- :<T ~~I>_': .\.-....J C. I I ~~) ~ 0~~~~ (J ~ ~ i ..~ ""'. 'OJ ,..., g 0 c.n ." ". -l -,,, :L -n ;.'() rnp -Cjr'n "', :.']9 co ~:.~ r::! -0 8~~ r..) ~:~:~ m 'r>- C) ~Q WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5756 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due W A YPOINT BANK Plaintiff(s) From WILLIAM C. BREHM, III AND CINDY MORTON a/kla CINDY BREHM, 12 WOOD LANE, CARLISLE P A 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 12 WOOD LANE, CARLISLE PA 17013 (SEE LEGAL DESCRIPTIO (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNTSHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined fr paying any debt to or for the account of the defendant (s) and from delivering any property of the defend nt (s) or otherwise disposing thereof; (3) Tfproperty 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 $16,843.72 L.L. $.50 Interest FROM 4/21/05 TO 9/7/05 @ $2.77 PER DIEM = $385.03 Atty's Comm % Due Prothy $1.00 Atty Paid $134.70 Plaintiff Paid Date: APRIL 28, 2005 Other Costs CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@SUBURBANSTATION 1617 JFK BLVD., STE. 1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court TD No. 62205 . W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY COURT OF COMMON PLE S Plaintiff, v. CIVIL DIVISION WILLIAM C. BREHM, III CINDY MORTON A/K/A CINDY BREHM NO. 04-5756 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) W A YPOINT BAN S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA T ON OF HARRISBURG, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, E QUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following informat on concerning the real property located at ,12 WOOD LANE. CARLISLE, P A 17013 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM C. BREHM, III 12 WOOD LANE CARLISLE, PA 17013 CINDY MORTON A/KJA CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record Ii n on the real property to be sold: Name Last Known Address (if address cannot reasonably ascertained, please indicate) None . ... 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property an whose interest may be affected by the sale. Name Last Known Address (if address cannot e reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has ny interest in the property which may be affected by the sale: Name Last Known Address (if address cannot e reasonably ascertained, please indicate) Tenant/Occupant 12 WOOD LANE CARLISLE, P A 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verifY that the statements made in this affidavit are true and correct to the best of m personal knowledge or information and belief. I understand that false statements herein are made su ject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 21. 2005 DATE ," (OJ I) , L'tJ'IfIAi t ~ /, ( DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff o ?~~ r-' 0"-'> = cJ" yo ....u ;;0 ", 0:> ..,., -- ~ 9n ':?--n \>1- -d hi :99 ':2\0 '-Y:-~G '.1.0 /~,rn l:'" ~> ~:l I';? o r" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIF W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY COURT OF COMMON PLEA Plaintiff, CIVIL DIVISION v. WILLIAM C. BREHM, III CINDY MORTON AlK/A CINDY BREHM NO. 04-5756 CIVIL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for th Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 9 because it is: () an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating t unsworn falsification to authorities. (') ....' ~ = c = eJ' P' ..... ""\, :r...." ::;0 mr;: -0' ", -')0 CO i:j). :~?~. -rJ -c- ,1 -,",' ~-~t~ N C5rn .--\ :1'" 0 :.:J N .< W A YPOINT BANK, S/BfM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG CUMBERLAND COUNTY Plaintiff, No. 04-5756 CIVIL v. WILLIAM C. BREHM, III CINDY MORTON A/K/A CINDY BREHM Defendant(s). April 21, 2005 TO: WILLIAM C. BREHM, III 12 WOOD LANE CARLISLE, PA 17013 CINDY MORTON A/K/A CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFO ATION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DlSCHA GE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CaNST. UED TO BE AN A TTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OF A LIEN A GAINST PROPERTY. .. Your house (real estate) at, 12 WOOD LANE. CARLISLE. PA 17013. is schedul d to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Co rthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$16.843.72 obt 'ned by W A YPOINT BAN S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA TI N OF HARRISBURG (the mortgagee) against you. In the event the sale is continued, an announ ement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay 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. 2. You may be able to stop the sale by filing a petition asking the Court to strike r open the judgment, if the judgment was improperly entered. You may also ask the Cou to postpone the sale for good cause. , 3. 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 m re 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 OT ER 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 bidd r. 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 gr ssly inadequate compared to 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 ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the 0 er 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 t e Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedin s to evict you. 6. You may be entitled to a share of the money which was paid for your house. A s edule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of th sale. This schedule will state who will be receiving that money. The money will be paid out in accord ce with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed w th the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, f you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE ISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, at be sold be t the sale. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It ma in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale mu postponed or stayed in the event that a representative of the plaintiff is not present CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE I I DESCRIPTION ALL THOSE CERTAIN two tracts of land with the improvements thereon erected, situate' South Middleton Township, Cumberland County, Pennsylvania, Tract No. I bounded and desc ibed in accordance with a survey and plan thereof made by Ernest J. Walker, Professional Enginee , dated March 19, 1963, as follows: TRACT NO. I: BEGINNING at a point on the northwestern side of Woodland Avenue, so etirnes known as Wood Lane (50 feet wide), said point being 572 feet northeast of the center lin of the Pennsylvania Route No. 74; thence extending along land now or late of Dale Shenk. North 51 egrees 40 minutes West 250 feet to an iron pin in line of land now or late of Dr. Blacksmith; thence al ng said land, North 47 degrees East 144 feet to a corner; thence by land now or formerly of Thomas . Aland and Josephine T. Aland, his wife, South 40 degrees 19 minutes East 244.35 feet to a poin on the Northwestern side of Woodland A venue aforesaid; thence along the same, South 45 degrees 9 inutes West 94.9 feet to the place of beginning. TRACT NO.2: BEGINNING at a point on the western side of Woodland Avenue, also own as Wood Lane, said iron pin being the northeastern corner of other land of the Grantor herein; th nce by said land of the Grantor herein North 40 degrees 19 minutes \Vest 244.35 feet to an iron pin thence by land now or formerly of Dr. Blacksmith, North 46 degrees 18 minutes East 43.8 feet to an i on pin; thence by land now or formerly of Mose Heberlig, South 40 degrees 28 minutes East 243.4 fe t to an iron pin on the western side of Woodland Avenue; thence by the western side of Woodland venue, South 45 degrees 9 minutes West 44.55 feet to the place of Beginning. Tax Parcel #40-23-0592-002 and Tax Parcel #40-23-0592-003 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN ~nd Cindy Mo~Jo nt Tenants with Right of Survivorship and not as Tenants in Conunon by Deed fronr\Vayne Rob rt Dellinger, single man dated 911811980 and recorded 9/23/1980, in Deed Book #C-29, Page 7 . PREMISES BEING: 12 WOOD LANE, CARLISLE, PA 17013 o c ,..> = = c.n -00 :"0 :;;;J ,~ = -ry :;;.: ~ -l :I::!J m,..- "7Jcq :'J'~( C)O ."-1..., ~~!.~ (-.)' .::::\ ".,. 'n :< r:? o "-' / PHELAN HALUNAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 1215\ 563-7000 W A YPOINT BANK, SlBfM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG P.O. BOX 1711 HARRISBURG, PA 17105-1711 Plaintiff, v. ,,,,,,.....-....- - -. - - - --...,....-~.. ....~.... t}jI~'I..(, of the Pril'fhonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, P A 17013 'I) .;\ . ':l 0'" , A [)c : S D INSUFFICIENT ADDRESS D ATTEMPTED NOT KNOWN D OTHER D NO SUCH NUMBER/ STREET t1 NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD i 70 i::::-3i47 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 04-5756 CIVIL (') c ..... /.~~ : if" ~l \ I, OM ," ~ - ! W lLLJAM C BREHM, m 12 WOOD LiU~e CARLISLE, P1\ 17013 '" c:::;::) = c .-- - (') __ f.. r" ~ ;1 <;=l 0 ~)~ 'TI ~"'T"" -~ :.....~ -..,- __" fi'ip , ;~[S (....> () J c.J~.:~l" ~ ~~ :}CS (...) rjfTI , f) .!,] f'...) ..< 1",IIJ.",I/!'"11,!!I11",I!""II.'"II.,.I",H,,!.III..,' > PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W A YPOINT BANK, SIB/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY J 1.- r-::.'- l)'.::1"""- v 7.:> " No.:~S 1298 CIVIL TERM vs. WILLIAM C. BREHM, III AND CINDY MORTON AlKJA CINDY BREHM AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to WILLIAM C. BREHM, III, on 5/6/05 at 1227 BRIDGE STREET, NEW CUMBERLAND, PA 17070, in accordance with the Order of Court dated 2/3/05. I further certify that the mortgaged premises was published in he SENITEL NEWSPAPER on 5/6/05 and in the CUMBERLAND LAW JOURNAL on 5/20/05, in accordance with the Court's Order. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. {/~ (2). ~\ ~tv\. ~ DANIEL G. SCHMIEG, ESQUIRE / ( Date: June 6. 2005 ---- ./ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classificd Advcrtising Manager, of The Sentinel. of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 06, 2005. COPY OF NOTICE OF PUBLICATION ~~........_--~~_._..:......- ......- . NoncE OF ACTION IN MORTGAGE FORECLOSURE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 04-5756 C'VIL VAYPOINT BANK, S/BIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG VS. VILLlAM C. BREHM, III )INDY MORTON AIKIA CINDY BREHM .once TO: WILLIAM C. BREHM, III, CINDY MORTON Alt<1A CINDY BREHM lonce OF SHeRIFF'S SALE OF ReAL PROPERTY. ~LL THAT following described lot of ground situate. lying and being In SOUTH MIDDLETON TOWNSHIP, County of CUMBERLAND, Commonwealth of Pennsylvania, bounded and limited as follows. to wit ; scheduled to be sold at the Sheriff's Sale on SEPTEMBER Z. 2PD..It J.Q.;,Qg AJ4...... al the CUMBERLAND, County Courthouse, 1 COUATHOUS~ tiWARE. CAAL~J!61ZA1l to enforce the Court Judgement of April 21 , 2005, obtained by WAY INT BANK, SlBIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG. (the mortgagee), against you. 'roperty situated In the City of SOUTH MIDDLETON TOWNSHIP, County of CUMBERLAND, and State of Pennsylvania. sing Pr'8mlses: 12 WOOD LANE, CARLISLE, PA 17013 Improvements consist 01 residential property. old ..th. proporty of WILLIAM C. BREHM, /II, CINDY MORTON Alt<1A CINDY BREHM . TERMS OF SALE: HE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. 'Ie purchaser at the sale must take ten (10%) percent down payment of the bid price -orottmJsnertfhrcost, wt\lchevef Is hlgheT, al1tia lime of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the purchaser will lose the down money. !lnlel SChmieg, Esquire ne Penn Center at Suburban Station 117 JOhn F. Kennedy Boulevard lite 1400 Illadelphla, PA 19103 15) 56S-7000 tomey for Plaintiff ---- Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of pub icatiOnaretr~~ ~ Sworn to and subscribed before me this 11th day of May, 2005. CiJ.uJlvlcv ;f W~A. Nota _ ublic My commission expires: q If lew COMMONWEAL TH OF PENNSYLVANIA NoIarial5eal Chnslina L Wolle, NoIaf)I Public Carlisle Born. Cumberland County My Com_ Expires Sept. 1, 2008 Member. Pennsylvama Association Of Notaries 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 ofthe 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 MAY 20, 2005 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. TO AND SUBSCRIBED before me this day of Mav. 2005 NOTARIAl SEA~ LOIS E. SNYDER, Notary Public Carisle BolO, Cumberland County My Commission Expires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECWSURE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 04-5756 CMI WAYPONT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG vs. WILLIAM C. BREHM III CINDY MORTON, A/K/A CINDY BREHM NOTICE OF SHERIFF'S SALE OF REAL PROPER1Y NOTICE TO: WILUAM C. BREHM. III. CINDY MORTON. A/KI A CIN- DY BREHM ALL THAT following described lot of ground situate. lying and being in SOUTH MIDDLETOWN TOWN- SHIP, County of CUMBERLAND. Commonwealth of Pennsylvania, bounded and limited as follows. to wit: is scheduled to be sold at the Sher- iffs Sale on SEPI'EMBER 7. 2005 at 10:00 AM., at the CUMBERLAND County Courthouse. 1 COURT- HOUSE SQUARE, CARLISLE, PA 17013 to enforce the Court Judg- ment of 4/21/05, obtained by WAYPQINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSO- CIATION OF HARRISBURG (the mortgagee), against you. Prop. sit. In the City of SOUTH MIDDLETOWN TOWNSHIP, County of CUMBERlAND, and State of Penn- sylvania. Being Premises: 12 WOOD LANE CARLISLE, PA 17013. ' Improvements consist of residen- tial property. Sold as the property of WILLIAM C. BREHM, III, CINDY MORTON A/K/A CINDY BREHM. . TERMS OF SALE: THE HIGHEST AND BEST BID- DER SHALL BE THE BUYER. The purchaser at the sale must take ten (10%) percent down pay- ment of the bid price or of the Sheriffs cost, whichever is higher. at the time of the sale in the form of cash, money order or bank check. The balance must be paid within ten (10) days of the sale or the pur- chaser will lose the down money. DANIEL SCHMIEG. ESQUIRE One Penn Center at Suburban Station Attorney for Plaintiff 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 May 20 5 ("'l ~ ~ r ~~ <". , (.- H..."" :?S% -- I -' .C) :-t:.~. -0 ~_ -1) -:r ,;.~() ~ ~-rn , (~ G ..".. 3- ::::- ~ w ~ ~ - PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No, 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (7.1 ~) ~til- 7000 Waypoint Bank, SIB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. William C. Brehm, ill Cindy Morton AIKJ A Cindy Brehm Defendant : No. 04-5756 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Plaintiff s Motion for Additional Distribution of Sale Proceeds was sent via first class mail to the folJowing parties on the date listed below: Cindy Morton AIKJ A Cindy Brehm William C. Brehm, 111 12 Wood Lane Carlisle, PA 17013 William C. Brehm, III 1227 Bridge Street New Cumberland, P A 17070 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Jody - Real Estate Date: S"pt"mh"1' ?OO~ Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: 1 Michele M. Attorney for PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ~) ~til-7000 Waypdint Bank, SIB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. William C. Brehm, III Cindy Morton AIKJ A Cindy Brehm Defendant : No. 04-5756 PI,AINTIFF'S MOTION FOR ADDITIONAl, DTSTRTRTTTION OF SAT,F, PROCF.F,DS 1, Plaintiff commenced the instant action by the filing of a Complaint in mortgage foreclosure on November 16, 2004. A true and correct copy of the complaint is attached hereto and marked as Exhibit "A". 2. Defendant failed to file an answer to the Complaint and a Default Judgment was entered on April 28, 2005. A true and correct copy of the judgment is attached hereto and marked as Exhibit "Boo. 3. Plaintiff entered Judgment in the amount of$16,843.72 and submitted a Praecipe for Writ of Execution, thereby causing the mortgaged property to be listed for Sheriffs Sale on September 7,2005. 4, The property was exposed to Sheriffs Sale on September 7, 2005 and purchased by a third party for the sum of$51,500.00. 5. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums to pay real estate taxes and hazard insurance premiums and other costs collectable under the Note and Mortgage relative to the mortgaged property. A true and correct copy of the mortgage is attached hereto and marked as Exhibit "Coo. 6. Plaintiff is entitled to be paid these additional sums from distribution of the sale proceeds in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of CUMBERLAND County to distribute the sum of $22,071.15 to the Plaintiff. Date: S"pt"mh"r g. )OO~ CHMIEG, LLP PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ~) ~til-7000 Waypoint Bank, SIB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. William C. Brehm, III Cindy Morton AIKJ A Cindy Brehm Defendant : No. 04-5756 MRMOR A NnTTM OF T.A W TN STTPPORT OF PT ,A TNTTFF'S RXCF.PTTONS TO nTSTRTRTTTTON ANn MOTTON FOR AnnTTTONAT, mSTRTRTTTTON OF SAT.F. PROCRFns I. FACTTTAT, RACKGROTTNn The instant action was commenced by the filing of a Complaint in mortgage foreclosure on November 16, 2004. By reason of Defendant's failure to answer the Complaint; Default Judgment was entered on April 28, 2005. Plaintiffs damages were assessed in the amount of $16,843.72 at the time of the entry of Judgment. Plaintiff also caused a Writ of Execution to be issued and listed the mortgaged property for Sheriffs Sale on September 7, 2005. The property was sold at the September 7, 2005 Sheriffs Sale to a third party for the sum of$51,500.00. Since the time of the filing of the Complaint and Judgment, Plaintiff has expended additional sums in order to pay real estate taxes, and hazard insurance premiums relative to the mortgage property, as well as other monies collectable under the Note and Mortgage. II. PI.AINTIFF IS F.NTTTI.RD TO AN ORDFR nTRFC'TINCi THF, SHRRIFF TO DISTRIRTTTR ADDITIONAl, FTTNDS TO THF. PI ,A INTI FF The Pennsylvania Rules of Civil Procedure do not provide Plaintiff with any remedy whereby the Office of the Sheriff can be directed to issue additional distribution following the initial distribution of sale proceeds after the sale of real property. The Superior Court of Pennsylvania has held in the case of Fxtmr.o Mortg~gl' v Wi11i~m<, 2002 Pa. Super. 246, 805 A.2d 543 CPa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of Default Judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Fxtr~r.o Mortg~gl' v Wi11i~m<, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. In addition this Court has plenary power to administ.:r equity according to well settled principles of equity jurisprudence cases under its jurisdiction. rhp.v~l v rity of PhihciP.lphi~, 176 A, 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts wi1llean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. nnnnp.tt v Imut, 112 A.2d, 333, 380 Pa. 504 (1955). As such, Plaintiff submits that this Court should exercise it equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. Wherefore, Plaintiff respectfully requests this Honorable Court enter an Order directing the Sheriff of CUMBERLAND County to distribute the amoumt of $22,071.15 in distribution of the amounts realized from the sale. Date: Se.pte.mhe.r 9. )OO~ Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: j\[ Michel , Bradti , Esquire Attorney for Plaintiff FEDERMAN PHELAN, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 A1TORNEYFORPLNNT~ W A VPOINT BANK, S18/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG P.O. BOX 171 I HARRISBURG, PA 17105-1711 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. v. CUMBERLAND COUNTY WILLIAM C. BREHM, III CINDY MORTON A/K/ A CINDY BREHM 12 WOOD LANE CARLISLE, PA 17013 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomo~y 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 compilaint 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. TFYOUDO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Streel Carlisle, P A 17013 (800)990-9108 File H: 102085 File #: 102085 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISEII) THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF'; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DA Y PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON RIB:AL ESTATE. I. Plaintiff is W A YPOINT BANK, SIBIM TO Fffi.ST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG P.O. BOX 171 I HARRISBURG,PA 17105-1711 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM C. BREHM, III CINDY MORTON A!KI A CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 0911811980 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 684, Page: 103. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2004 and each month thereafter are due and unpaid, and by the tenus of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 102085 6. The following amounts are due on the mortgage: Principal Balance Interest 06/0 I 12004 through 11111/2004 (Per Diem $2.18) Attorney's Fees Cumulative Late Charges 0911811980 to 11/11/2004 Cost of Suit and Title Search Subtotal $13,281.45 357.52 1,250.00 56.85 $ 550.00 $ 15,495.82 Escrow Credit Deficit Subtotal 0.00 996.92 $ 996.92 TOTAL $ 16,492.74 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/hav" failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 91 of 1983 because the mortgage premises is not the principal residence of Defendant(s). WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 16,492.74, together with interest from I I 111/2004 at the rate of $2.18 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. FEDERMAN PHELAN, LLP . ~./..: J: ~ By: / IsIF;a;;;;is''S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 102085 ALL those certa1.n two traces of land. wi.ch che :lmprovements thereon erected, sl'Cuate i.n South M1.dd1eton Townah:lp, ICumberland County. Pennsy1.van1.a, _Tract No.. 1. bounded and deacri.be,d ':in accordance wi.tb a survey aud p1an chereof made. by Ernest:. J~ Walker. Profeasiona1 Eug1.neo1"'. daced March 19. 1963. as fo11ows; 'TRACT NO.. ~= BEG:tNNDfG at a po1.nt:. on the nort:~hwestern s1.de of Wood1and Avenue. somee~s known as Wood Lane (50 feee '~Lde). saLd POLut beLng 572.feec nort:heast: of the center line of the Pennsylvania Route No. 74; thence extendi:ng a10ng 1and now or l.ate of Da1e Shenk. North 51 degrees 40 m:1.uuces West: 250 feet to an 1.ron' p:l.n :l..n line of land now. or lace of Dr. Blacksmith. cbenee along sa~d land.. NOTth 47 degrees East 144 feet to'a eorner; thence by land now or formerly of Thomas 11. Al,and and Josephine T. Aland. hLs wi.fe. South 40 degrees 19 minutes East 244.35 feec co a point on che norchwestern s~de of Woodland Avenue aforeaa1d; ~enoe a10ng the 8a~. South 45 de~~eea 9 ~nutes West.94.9 . feet to the place of beg~Lng. . BEl:NG che same prem:Laes Thomas V ~ Al.and and JO'Beph1.ne T.. A1and. b:1.a ",i.fe. by deed daced Apr1..1 10. 1.963 and recorde:d i:n the off1.ce of the lle.corder of Deeds in and for Cumberland Coun-ry' l..n Deed Book "U... Vo1ume 20. Page 818. granced and conveyed untOI Wayne Robert De11.inger and Lorene c. n-el1i.nge-r. h1.a w:Lfe.. The sa1.d l.orene C. De1.11.nger haV:tU8 d1.ed February 5. 1.976. t~cte ~e8ted ent~re1y in Wayne Robert De~li~ger. Grantor herein. . TRACT NO.. 2: BEGI.NNING at a poJ..nt on the vest;ern ai.de of Woodland. Avenue. a..lso known as Wood Lane. sa1.d j"ron p:lTl be:Lng the nartheaatern. corner of other land of the Grantor herein: t:benc.e by saLd land of 'the Grantor herei.n North 40 degrees 1.9 ud.nuteH W'esc.244..35 feet 'to an i.ron p1.n; thence by l.and now or formerly of Dr. Blaeksm:i.ch. Nort.h .46 degrees 18 mf.nut:es Eaat 43.8 feat: to an i:ran It1.n: thence by 1and now or formerly of Hose Heberl1.g.. South 40 degree~r 28 mi.nut;:es East 243.4 feet to an i.ron pin on the western si.de of Wo<tdland Avenue;' t:henee by the western sLde of Woodland Avenue. South 45 degrees 9 minutes West 44.55 feet to the place of Beg~nn~ng. . BEING the same premi.ses wh1.ch Thomas V. A1and and Josephine T.. Aland. h1.s wLfe. by the~r deed dated June 8~ 1967. ~ad recorded i.n the off~ce of the Recorder of Deeds i.n and for Cumberlane! County.. Pennsylvania. 1.n Deed Book uJ".. Volume 22. Page 499. grantee! and conveyed \m.to Lorene c. Dellinger. The sa~d Lorene C.. Dellinger. having d:1.ed February- 5. 1976.. and by her Last \.1:1.11 and Te::starnene du1y probated in the office of the Regi.scer of Wills for Cumbe.l~land Councy :1.n Wi.1l Book 74. Page 292. devJ.sed saf.d land. "1.nt:er a1i.a. 1t;o her husband -Wayne R. De11:1.nger. Grantor herein. and appoLuced him ]~xeeutor of her estAte. co whom.L~t~~rs T~s7am~ntary w~r~ du1y ~ss~~d.. By D~cre~ Awardtn~ Rea1 -Es.t:at:e 'd';'ted Hay 24 ~977 d ~" -~-~. . . ~~ ~~. . Dee.d Book ..2" Vo1~ 27 .pan 7800rded 1.n the off1..c::e a.J:oreaa:l.d 111. R... De111.nger.. Crant;or he';'ei.:~@ . t:1.t:1e Yeacecl eut1.re1y 1.n Wayne tttilL AND tIut MJid .,...lI&tor AerebJr COtr.cR4_(a 41'14 a"nee a tlule he taCtTCMt genera1.1y u...s P~rllf AC!:n!bv cotI~ " ,--,.._.~.- -_..-:.-'-""-----_.~~~ PREHlSES BEING: 12 WOOD LANE. VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification frOIll Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa C. S. Sec. 4904 relating to unsworn falsifications to authorities. =~<r1~~ $,LjfL: Francis S. Hallinan, Esquire Attorney for Plaintiff DATE: 1l-/~6~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 W A YPOINT BANK, SIBIM TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG P.O. BOX 1711 HARRISBURG, PA 17105-1711 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS '0 ~ Q (- c=;) .. CIVIL DIVISION ,,=" "" _-I -c,'{, ~ :L:n '_:~.):~': ; ::;0 rn r-n NO. 04-5756 CIVIL 0l.': ~ -cJ~(~9 ~ '1~11 r ("'I~- AnD:~':i" i.'~,C: ~ PLB:\2...: F\ii-J,ur _~ ?: ~ ?E -<. (;) -< v. WILLIAM C. BREHM, III CINDY MORTON AIKIA CINDY BREHM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against WILLIAM C. BREHM. III and CINDY MORTON AlIDA CINDY BREHM, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint _,'{ Interest from 11112/04 to 4/2110\","'r,;,"-:\ f:\ i= C.O\- TOTAL 1".1 I ". .- .' - .:;. '\ PI r: "" \.L .....J" L-' ..'- $16,492.74 $350.98 $16,843.72 I hereby certifY that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. , ." \ r rt)p'll ~""l ~ ,"'~ \_l \- \,' , 1 ...- p;:"'iO;' :.\ ". l\ I " - ,._,- I _, I' " PLb\~;: [n. ' -" <j1;:~f JJ J~ DANIEL G. SCHMIEG, E UIRE Attorney ~Dr Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICnD. . DATE: 'fJfo( l!!A,,,1 PRO PROTHY A~'T"': :. co,, p'{ '.11\,.11:, ;,"" .. '..l,..', 'L"'o,- r"':.' 'J .... C.l;-';.;)C nL 1 l;fu' ~ EXHIBIT C MORTGAGE THIS MORTGAGE is made Hll$ _ ),~t-~< .. .... day of. . . .l??p.t.eIl).9f?F.... 19 ~9. _, between the Murtgagor, W.~lH~. .G!. ~:r.e.~,. .1);J;,. ?~4 .9~p..dy .~y~.tp:q.,. ~.i.~g:J.~. P.e:~~9P..S. . (herein "Boflower"), and Ihe~_i;lOrlgagee, First Federal Savings and wan Association of t1anisburg, 11 corporation organized and existing under the laws orThe United States of Ameril:lI, whose address is 234 North Se<.:ond Street. Harrisburg, Pennsylvania, (herein "Lender"). Whereas, BllHowa is imkbted to lender in the principal sum )f. Thi!;'ty,..ai.x. Tho:llsa.nd Four. Hundred .Fifty a,~~ Opll,OO-:-:(#3~.,.45Q~99) . Dolbrs, wllkh illJcbuJressisevideslcedby Borrowers' note of even date herewith (her~ill "Note"), providing for m{lOthly installments or principnl a:ld interest, with the halance nf tile indebtedness, if not sooner p;Jjd, duc ;JnLl payable lln Q~t.oql?~. f.." .:?-9;L9. To Securc to L,;.nder (al the repayment of the indebtedness c'lidenced by the Note, with interest thereon, the payment of all other Slims, willi in{Crd{ thereon, ildl'ill/<.:<:J in J<.'<.:ord,Jn<.:e haewirh /0 project !lIe security of this Mortgage. and the performan-"e of the covenJnts jnu agreements of Borrower herein ,:olltained, and (h) the repayment uf any future advances, with interest thereon, !l1Jde to Borrower by Lenda pursuant. to paragraph 21 hereof (herein "Future Advances"), Borrower dlles hereby mortgage, grant and convey to Lenda the following described properly located in the County O{, .G1PI1p~.~llti-1.(l.. ., Commonwealth of Pennsy!vani'l: ALL THOSE C~{TAIN two tracts of land with the improvements thereon erected, situate in South Middleton Township, Cumberland Coun~r, Pennsylvania, ~raot No. 1 bounded and described in accordarwe with a sU!'\Tey and plan thereof made by Ernest J. Walker, Professional Engineer, dated March 19, 1963, as follows; rp.ract No.1: Bill INNING at a point on the northwestern side of Woodland Avenue, ;~~o~n as Wood Lane (50 feet wide), said point being 572 feet northeast of the center line ,)f the Pennsylvania Route No. 74; thence extending along land now or late of Dale ShelL~, North 51 degrees 4D minutes West 250 feet to an iron pin in line of land n,:).... or late of Dr. Blacksni th; thence along said land, North 47 degrees East 144 feet to a 0orner; thence by land now or formerly of Tllomaa V. Aland and Josephine T~ Aland, his wife, South 40 de~es 19 minutes East 244.35 feet to a point on the northwestern side of Woodland Avenue aforesaid; thence along the sail:; I S;:)Uth 45 degrees 03 minutes West 94.9 feet to the place of BEGINNING. T-.cact No.2: BID:1INNlliG at a point on the western side of Woodland Avenue, also kn~wn~od Lane, said iron pin being th& northeastern oorner of other land now or late of Wayne Robert Dellinger; thence by said land now or late of Dellinger, North 40 degrees 19 minutes West 244.35 feet to an iron pin; thence by land now or formerly of Dr. Blacksmith, North 46 degrees 18 minutes East 43.8 feet to an iron pin; thence by land now or formerly of M:ose Heberlig, South 40 degrees 28 minutes East 243.4 feet to:) an iron pin on the western side of Woodland Avenue; thence by the western side of Woodland Avenue, South 45 degrees 09 minutes West 44.55 feet to the place of BEGINNING. BEING ~ SAME PR~ES '.ch Wayne Robert Dellinger, single man, by his deed dated the /'6 day of , 1980, and about to be recorded in the Office of the Recorder of e in and for Cumberland C01.U1ty, Pennsylvania, granted and con- veyed unto \iilliam C. Brehm, III, and Cindy f'I[orton, single persons, M~gagors ,,, herein. ~ <-.:;n';' <::,.,.;. t;:; ,,~gi~ ~. '~~ ~ ~': ~F~' en !:::l ~ ::r ';;;"',;-: ;;: ~g~'; -<'''-' " ", = = HAVING THEREC~ ERECTED a Cap0 Cod dwelling, wllidt has (/!~ a,lJre';jo{ .;I.? ,WQ?9.. _~~, Carlisle ~epp~Y+Y~.~~.~7~13, (St,,,,; ~,," Zip Cad" I (Slre'l! . .(herein "Property Address"): ICily! T')gethn with all the ilnprovement, now or hereafter erected on the property, and all easements, rights, appurtenances, rents, rllYJlttes, nunna!, Oil and !!:as nght, and profits, water, wakr rights, and water stock, and aU fixtures now or h~rellfler atIached to the ~roperty, all of whkh, induding repla>:ements and additions thereto, shall be deemed tu be and remain n part \lj the, propelly wvcreJ by tillS Mu[tga~". and all ul tile fmegumg together with saId property (or Ihe leasehold estate if this MlHlgage IS on ~ kasehuld) are her~ln reJerred to <lS the "Property", Borrower eOWC1aC1ts that BOrrower is jilwfuUy seised of the eSIJle hereby conveyed and has /lJe right to mOT!g;Jge, grant an,lconvey the Property, thJt the Property IS un~ncumbere,j, and that Borrower will warrant and defend gener~lIy the tl:le!') the Property JgJlmt all claims and demands, subject to any dec1aratlOos, easements or restrictions listed in a schedule ot exCeptlOns to coverage tn any tltle insurance polley insurlllg Lender's Interest in the Properly, PENNSYLVANIA - 110 4 Famity."" 6175 - FNMAIFHLMC'UNtFORM INSTRUMENT BOOK (;8,1 PACE 103 UNIFORM COVEN.INTS. I:lorrower ilnu Lender covenant alld ngr,~e as follows: I. Payment of Principal and Interest. BO[rl\wer ,hall plompt'y pay when due the principill Di and Interest on the indebtedness evidenced by the Nok, prepa.yment and late charges as provided In the Note, ::lnd the principal of and intere~l on ilny Future Advance~ .Iccured br lhis Mor/gage 2. Funds for Taxes and Insurance. Subject to applicable law or 10 a written waiver by Lender. Borrower ~ha\l pay to Lender 011 (he day monthly installmenls of principal and inlerest aT payable under the Note, unlil the Notc is paid in full. a sum (hcrein '<Funds"') equal (0 one-lwelfth of the yearly fa,..:, MId assessments \I'hieh may a!t.liJ] pril,rity over this r>fortgage. and ground rents 011 the !'roperty, if any. pili> (lne-twc!fth of yearly prell1ium installll1ents for luzard insurance. pillS One-twelfth (If yearly premium installments for mortgage inSllral1ce, if ally. all as reas(lnably estimated initially and frOl1J time to time hy lender on tnc hasis of aSSessments and hif(s ,lI1U reas(1nable eSlirn,lles Ihereaf. The Funds shall De held in an institution the deposits (n aCU'lldS ('f which are insured or guaranteed by a Federal 0r state agcncy rincJudilJg Lender if Lender is such an instituti('Il). I cuder shall apply the Funds to p;ly said ta\es, assessments, insurance prcmiums ,lOll ground rents Lender may l1(>t charge t('r <;(' fl()iding and applying fhe Funds. <1IlJI)'zing said ,lccount, or verifying and compiling said assessmcnts and bills. IIlJless Lender pays BCHrnwer interest on the Funds arid applicab\c law permit:, Lender to make sllch n charge. Borrower and Lcnder may agree in writing at the time of e,\ecuticlll of this Mortgage that interest Oil the Funds shall be p:lid tu HNHlwcr. "Ild unless such agreement is made or applicilblc l<1w rcquires such interest to be paid, Lender ,hall not be required tll pay BOtTOWer anv interest or earnings 011 the Funds. lender shall give to Borrower. without charge, an anl1\1.JI accPtlntillg (If the Funds showing credits and debits to the Funds and the purpose rllr which eaeh debit to the FU!H.l:; 1'.<1.' IJJ;l,le. The Funds ,.re pledged as additionn! security for the sunl~ secured bythi,M0rtg<ige If the amoullt of the FlIlld~ held by Lender t(lgether with tTll' future monthly inslnlhnents of Fumh payable prior to the due dates of taxe~, as,es,menB. insurance prerl1iums and grollnd rent<;, shall exceed the amount required lo pay said taxe~. assessments, insurance pn~miums and grl\\ll1d rents as thc) fall d.le. such excess shall be. at Borrower's option. either p,omptly ,ep.1id to Borrower or credited to Be'IT<lWer on n](1lJthly installments elf Fund~. If the amount of the Funds held by Lender shall not be suflicient to pay taxes, aSSl:SSlllcnts, il'surancc premillm~ and grollnd rents as they fall due. Borrower shall pay to Lender any amount nccessary to Inake lip the deficiency within 30 days from the date notice is Inailed hy Leader to Borrower re(IUeslillg payment thereof Upon payment ill full of all sum~ secured by Ihis :-.h'rtg:'lge. Lender ~hall promptly refund t(1 BN[(,,,el any Funds held by Lender. If under paragraph II-! hereof the Property is ,uld (Ir the Pro[Jerty is otherwise acquired by Lender. Lelldel shall appl.r, f1Q laler lIwn immcdiJldr prio, 10 lhe,ale vi the Pro:>ef/y or it~ acquisition by lender, any Funds held by Lender at the time of application al) a credit against the mms ,ecured by this Ivlortgage 3. Applicalioll of ('aYlJlents. Ul1le~s aprlicahk law prClvides otherwise. all payments received by Lellder ullder the Note and paragraphs I and 2 hereof shall be applied by l.ender rirsr in paymenl of alllOtmls payaHe to Lender hy Borrower under paragraph 2 hereof. then 10 interest payable 0n the Note, tlien 10 the principalllf the Note, and then 10 interest and principal on any Future Advances 4. Charges; [JellS. Borrower shall pay all !;txe,. a,<;cs,ments )nd other charges. tlne~ and Illlpositions atfril:wlack to the Propeny which may :lUain a priority over Ihis I\(ort~af:e, and leasehold payments or ground rents, if any, in the mannel provided under paragraph 2 hereof or. if not paid in such'manner. hy Borrower making payment. when due, directly to the payee thereof, Borrower shall promptly furnish to Lender all notice, of amOllntS due under this paragraph, and in the event Borrower shall make payment direclly, Borrower ,hnll rrom[Jtly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien whi('h has Pl'iority owr this !l,lortgage; provided. tliat !:lorrower shall not he required to dischal'ge any such lien so long as Borrower ~hall agree in writing to the payment of the obligation ~ecured by ~u;:;h lien in a l11anner acce[Jtable to Lender, or ~hall ilJ good faith COlltest sLlch lien by, or defend enforcement of such lien in, legal proceeding.> which ope:r.1te to preve.n( !he ellf(1rcemelh of the lien (,r forfeiture of the Pro[Je.rty or any parI thereof. 5. Hazard Insurance. Borrower ~hall keep the imprClVemel\ts now existing or hereafter erected on the Property insllred against loss by fire, h:lZards induded within the term "extended coverage'", and such other hazard$ as Lender may reljuire and in such amounts and for such periods a'i Lender may ,equire; prodded. rh'lt LeJJder shall not require that the amount of weh coverage exceed thaI amount of coverage required to pay the WillS secured by this Mortgage The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by lender; provided. tHat such approvaf shalf not be unreasonably withheld, All premillms on insurance policies shall be paid in the manner provided under paragraph 2 hereof or, if not paid in such manner, by Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shalf be in fOrnl acceptable to Lender and shall include a slandard IJ)OFlgage dause in favor of and in form acceptahle to l.ender. Lender ~hall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all renewal notices and all receipts of paid premillnls. In the event of los<;, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of los.~ if not made promptly by Borrower. Unless lender and Borrowcr otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, provided such restl.lfatioll or repdir is ecuflomicaffy feasible and tile securitr of thi, Mortgage is not thereby impaired. If such restoration or repair is not economi:ally feasible or if the security of this Mortgage would he impaired, the insurance proceeds shall be applied 10 the sums ~;ecllred by this Mortgage, with the excess, if :;Iny, paid to Borrower If the PropertY' is abandoned by Borrower, or it Borrower fails to respond to lender within 30 days [rom the dale notice is m;1iJed by Lender to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lemler is authorized /(j wHect and apply the insurance proceeds at Lender's option either to restoration or repair of the Property or to the sums secured by this Mortgage. Unless Lender and Borrov.'er otherwiSe agree in writing, any s'Jeh application of proceeds to principal shall not extend or postpone the due dale of lhe monthly in.stallments referred t(l in paragraphs I and 2 hereof or change the amount of such installments 11 under paragraph 18 hereof the Property i"i acquired by Lellder, all right, title aud interest of Borrowel in and to allY insurance policies and in and to the proceeds thereof resulting from dalnage to the Property prior to the sale or acquisition shall pass 10 Lende, to lhe extellt of lhe sums ;secured by this Mortgage immediately prior to such sale or acquisition. 6. Preservation and i\-hinlenalJce of Prapert.n leaseholds; Condominiums; Planned Unit De~'elopments. Borrower shall keep the Property in good repair and shall not commit waste or permit impairment or deterioration of the Property a,nd shall compl~' with the provisions of any lease if this Mortgag'~ is on a leasehold. If this Mortgage is on a unit in a condominium Of a planned unit development, Borrower shall perform aJl of Borrower's llbligations under the declaration or covenants creating or governing the condominium or planned lInil development, Ihe by.laws and regulations of thr. condominium or planned unit development, and constituent documents. If a condominium or planned lmit development rider is executed hy Borrower and recorded together with thi~ Mortgage, the covenants and agreements of such rider shall be incorporated into and shall amend and supplement the CQ'Ienan1s and agreements of this Mortgage as if the Tider were a part hereof. 7. Protecfion of Lender's Securily. If !:lorrower ..fails to perform the covenants and agreements contained in this Mortgage, or if any action or proeeedinR is cOll1menced which materially affects Lender's interesl in the Propeny, including, but not limited to, eminent domain. insolvency. code enforcement, or arrangements or proceedings involving a barrkwpt or decedenl, lhen Lender at Lender's option, upOn notice to I;lorrower, may make such appearances, disburse such sums and take such action as is necessary to plotect Lender's illlerest. including. but not limited to, disbursenlent of reasonable attorney's fees and entry upon the Property to make repairs If Lender required mortgage insurance as a condition of making Ihe loan secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect until such lime as the reqlJirernent fOf slIch insurance terminates in accordance with Borrower's and 500K GIJ,j {N[ 1(;1 lender's wrillen agreement or applicable law. Borrower shall pay the amount of all mortgage insurance premiums in the manner provided under paragraph 2 hereof. _, .. Any amounlS di,bursed by lender pursuant to {hI> parag:aph 7, With interest thereon. shall become additional indebtedness of Borrower secured by this Mortgage Unless Borr,)wer and l.ender agree to other terms of payment, such amounts shall be payable upon notice from lender to Borrower requesting payment thereof, and shall bear interest from the date of dishursement at the rate payable from time to time on c'lltstanding principal under the Note unless payment of interest at such rate would be contrary to applicable law. in which-event such amounts shall bear interest at the highest rale permissible under applicable law Nothing contained in this paragl'aph 7 shall require Lender to incur any expense or take any action hereunder_ , ,_ . 8. Inspection. Lender may make or cause 10 be made reason,lble entries upon and inspections ot the Property, proVided thai Lender shall give Borrower notice prior to any such inspeclion specifying reasonable cause therefor related to Lender's interest in the Property. 9. Condemnation. The proceeds of any award or claim for damages, direct or consequential. in connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in lieu of condemnatioil, are hereby assigned anu Shilll b.; paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the slims secured by this Mortgage. with the excess. if any. paid to Borrower. In thc evenl of a partial taking of the Property, unless Borrower and Lender otherwise agree in writing, there shall be applied to the sums secured by this Mortgage such proportion of the proceeds a; is cquell to th31 proportion which the amount of the slims se~ !fed by {his Mortgage immediately prior the date of laking bears to the fair market value of the Property imntedi~1tcly prior to the date of taking. with the balance of Ihe proceeds paid to Borrower Ii the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the condemnor offers to make an award or seltle a claim for damages. Borrower fails to n:spond to Lender within 30 days aftcr the date such notice is mailed, Lender is allthorized to collect and apply the proceeds. ~t Lender's option, either to restoration Qr repair of the PrOperlr or to the SLims secured by this Mortgage Unless Lender and Borrower othef\'iisc agrec in ....riling, any ,;uch application of proceeds to principal shall not extend or postpone the due date of the monthly installmenB referred to in paragraphs I and 2 hereof or change the amollnt of su~h installments. 10. Borrower Not Released, Extension of the time fOI- payment or modification of amortization of the SIlDS secured bf' this Mortgage granted by Lender h) any successor in interest of Borrower shall not operate to release, in any manner, theiHi<.lbil.ify of the. original Borrower and Borrower\ successors in interest lender shall not be required to commence pr(lceetfing!:~9:giiin~t such successor or refuse to extend time for payment or otherwise modify amortization of the sums secured by this\-$fofi:gnge'1l'l reason of any demand made by the original Borrower and Borrower's Sllccessors in interest. It. Fcittlea.mnfe1;y.-'Lender'Not a Wain'r. Any forbearanct by Lender!fl exercislOg any right or remedy hereunder. or otnerv.'ise afforded by applicable law, shall no! be a waiver of or preclude the exercise of any such right or remedy. Tbe procurement of insurance or the payment of taxes or other liens or charges by Lender shall no! be a waiver of Lender's right tu acceleralt' the maturity of the indebkdness secured by this Mortgage. 12, Remedies Cumulative. All remedies provided in this M.)rtgage are distinct and eumltlative to any other right or remedy under this Morlgage or afforded by law or equity, and may be exercised concurrently. independently or sllccessively. 13. Successors and Assigns Bound; Joint and Sneral r.ial~i1ity; Captions. The covenants and agreements herein contained shall bind. and the rights hereunder shall inure tu, the n:spective Sllccessors and assign<; of Lender and Borrower, subject to the provision, of paragraph t7 hereof All covenants and agreements of Borrower shall be joint lInd several. The clIption,; and headings of lhe paragraphs of this Mortgage are for convenien~e only and are not to be lIsed to interpret or define the pw\'isions hereof. . 14. NOlice. E:o::cept for any notice required under applicabie law to be given ill another manner, (a) any notice 10 Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the Property Addre,s or at such other address as Borrov.'er may designate by notice to Lender as provided herein, and (b) any notice 10 Lender shall be given by .:ertified mail, return receipt requested. to Lender's address stated herein or 10 such olher address as Lender may designate by notice to Borrower as provided herein. Any notice provided for in this MOflgage shall be deemed to have heen given to Borrower or Lender when given in the manner designated herein. 15. Uniform Mortgage; Governing Law; Severability. This f.)rm of mortgage combines uniform covenants for national use and non-uniform covenams with Iimilt:d variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall be governed by the law nf the Jurisdiction in which the Property is located. In the event that any provision or clause of this Mortgage or the Note cJnflicts with applicable law, sllch conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note are declared to Je severable. 16, Borrower's Copy. Borrower shall be furnished a con/armed copy of the Note and of this Mortgage at the time of e,seeution or after re~ordation hereof. 17. Transfer of the Property; Assumption. If all or allY p~rt Jf the Property or an interesltherein is sold or transferred by Borrower without Lender's prior wrillen consent, excluding ("j the creation of a lien or encumbrance subordinate to this Mortgage. (11) the creation of a purchase money se~lIrity int~re5t for household appliances, (c) a transfer b~' devise, descwt or by operation of law upon the death of a jllint tenant or Id) the grant of allY leasehold interest of three years or less not containing an oplion to purchase, Lender mar. at lender's op<ion, declare all the sllms secured by this Mortgage to be immediately due and payable. Lender shall have waived such option to accelerate if. prior to the sale or transfer, Lender and the person to wholH the Propeny is to be sold or transferred leach agreement in writing that the credit of such person is satisfactory to Lender and that the interest payable on the sums secured by this Mortgage shall be at such rate as Lender shJli request. If lender h:" waived the option to acceierate provided ill {his paragraph 17, and if Borrower's successor in interest has executed a written assumption agrcement accept.:d in writing by Lender, Lender .sball relea,;e Borrower from all ubligatiOnsunderthisMongageandtheNote If Lender exer~ises such option to accelera[t:, Lender sh~1I lI1ail Borrower notice ot at:celeration in accordance with paragraph i4 hereof, Such notice shall prm'ide a perioJ of not Ie~;, than 30 days from the date the notice is mailed within which Borrowcr mar p~y the slims dedared due If Borrower fai!'; to par such sums prior to the expiration of such period, Lender may. without further notice or demand ,1n Horrower, lIl\'oke any remcdies permitted by paragraph 18 hereof. NON,UNrFoR~1 COVEN"NTS. Borrower and Lender lunhcr [o\enant and agree as follows: 18. Acceleration; Remedies. Upon Borrower's breach of all}' covenanl or agreement of Borrower in this l\-1ortgage, including lhe CO\'enants to pa}' when due any sums secured by this Mortgage, I.ender prior to acceleration shall mail notice to Borrower as pro\'ided bl applicable law specifling: (I) Ihe breach; (2) the action required to cure such breach; (3) a date, not less than 30 da}'s from the date the nntice is mailed to Ronower, by which 5uch breach must be cured; and (4) tbat failure 10 cure such breach on or before the date specified in the ~olire may result in acceleratioll of lhe sums secured by this J\-'Iortgage, foreclosure by judicial proceeding and sale nf the Propert}'. The notice shall furthe{ inform Borrower of the right to reinstate ahe{ aaeleration and the right 10 asserl in tilt: foreclusure proceeding the non-cxistence of a default or an}' olher defense of Borrower 10 acceleratiun and foredosure. II Ihe breach is not cured 011 or hefore the date specified in the notice, Lender at Lender's option ma}' dedare all of Ihe SlIIIIS slOcured bl' this Mortgage tn be immediatel}' due and pa}'able without furtbN demand and ma}' foredose this J\-1"ftg~ge by judicial proceeding. l,ende{ shall be entilled to collect in such proceeding all expenses of foreclosure, including, bllt not limited to, rea.~onable atlorne}"s fees, and costs of documentar}' evidence, abstracts and tille reports. 19. Borrower's Right to Reinstate. NOlwithstanding Lender's acceleration of the sums secured by this Mortgage, Borrower shall have the right !U have an} proceedings begun by Lcnder to eoforce lhis Mortgage discontinued at any time 500, 6111 PACE leG prior to at least one hour prior to the commencement of bidding at a sheriff's sale or other safe pursuant to this Mortgage if: (a) Borrower pays Lender all stlms which would be then due under this Mortgage, the Note and notes securing Future Advances, if any, h.:.d no acceleration occurred; (b) Borrower cur':s all breaches of any other covenants or agreements of Borrower contained in this Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, including, btlf no/limiled to, reasonable attorney's fees; and (d) Borrower takes such action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpail"ed. Upon such payment and cure by Borrower. this Morlgage and the obligaeions secured hereby shall remain in fvl! force and elfect as jf no acceleration had occurred 20, Assignment of Rents; Appoinlmenl of Receiver; lender in Possession. As additional secllfity hereunder. Borrower hereby assigns to Lender the rents of the Property. provided that Borrov.'er shall, prior to acceleration under paragraph 18 hereof or abandonment of tne Property, have the righe to collect and relain soch rents as Ihey become due and payable Upon acceleration under paragraph 18 hereof or abandonment of the Property, Lender. in person. hy agent or hj judicially appointed receiver, shall be entitled to enter upon. lake possession of and manage the Property and to collece the rents of the Property including those past due_ All rent, collec1ed hI-' Lender or che receiver shall be applied first to payment of the costs of management of the Property and collectioll of rents. including. hut nol limited to. receiver, fees. premiums on receiver's bonds and reasonable attorney's fees, and then to the sums secured by this "-Iorlgage_ Lender and the receiver shall be liable to accollnt only for those rents actuaHy received. 21. Future Ad'.aoces, Upon request of Borrower. Lender, at Lenders option prior to release of this Mortgage. may make Future Advances \0 BOlTowcr. Such Future AdVances, with interest thereon, shall be secured by this ~fortgage when evidenced by promissory notes staling that said notes are secured herehy. At no time shaff the principal amoune of the indebtedness secured by this Mortgage, nOI including sums adva:ncerl in accordance herewith to protect the security of this Mortgage, eolceed !be original amount of the Note. 22. Release. Upon payment of all sum5 secured by this Mortgage, Lender shall discharge chis Mortgage, without charge to Borrower. Borrower shall pay all costs ()f recordation, if allY 23. Pun-hase Muney Mortga,ge. If llll or part of the sums ~e,;ured by Ihis Mortgage are lent to Borrower 10 acquire title to the Property, this Mortgage is hereby declared 10 be a pllrcha~;e money mortgage. IN WITNESS WHEREOf, Borrower has executed tilis Morlga.i~e. Witnesses: ,(1) '~ ~~.. ..4~71i~ ~a~~~.'~'."-'o"ow" . . J!'-'''-C~~-' 1< . ~ . . . . . . Cindy rton -Borrower COMMONWEALTH OF PENNSYLVANIA, ... ~c,......:---. County ss 7f( <: On this, the.., . {t6... . . . day of... <:~fvk.-ri...'\,.,-,:h.t' .. . . .. ., 1960. " before me, a .NQta.ry. Puhlic, ....... .the undersigned officer, personally appeared. .W!LL.U.i'1.C, . BREHM,. . III. a..'1.d. . . .GM!. flJ.Oll'rQij,. ~,iAgl~ .p~+f3PP.S,,.. . . . .. known to me (or satisfactorily proven) to be the person.fa. .whose namej:l.. .:;P::~. .subscribed to the within instrument and acknowledged that . . . i;:q~y. . . executed the same for (he purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and Offi~l seal 1 (l/ . ,. , My Commission expires: /Lj,,~ "/ '~ UJb:~' 4 ~ ) ... ~ ~",(C /{;' {",'af ... /Jiltt ~1~ _ S. EClCENRODE __1'lJIUC 0lIIlILl. CUM........, CO. ... "'COMMISSION EXPIRES OCT. 28. 1981 I certify that the address of the Mortgagee above-named is 234 North Second Street Ha[ri~bur:;dnns~~an~ i~~ F. A.dl~r;;~(J;t~~. (SpliCE! BeloW- This Line Reserved For Lender anCl Recorder) ~~ ~ 0 i". : S 0 ~ '" 0 :>- :ol "",, ~g '" Z :>:l &~ ~ ~ 0 <n "'l-' '1 >'<H "'" oW ,.... "'~ UICORDED in the Ofj e for Recording of Deeds in and for H' .0' en :t 0 ~ /' ~~ ....'" w :>- 0 0 ~g ."," 'd :>- "," .J .\n t :>:l 0 ..,. ..-: inM gage Book ~ f-"j/ No. "'". ,0 :>:l Z ~ 0 ." \J1 ~ (3. .. :71 ?f ,0 ~ 0 :>- :>:l 0 a 4"-f' .0 ro '" '" :>- , 'ag' / t7 -3 &,. " OJ '" 3 ~ ~ :' :so c: V> ,.... -0 H 0 ~. - ~ , Bitnrss. my hand aM seal of OffICe this c/ '" ~~~ 'd W = :>:l n '" (.~i "l " ? P. C'l :>- .-';---1 " 'aYo~ ;;: '" H ~ . <+ <: H Anno Domini 19 JV 1'" '1 ~ 'do ~ ro iJ' ~ " ~ ~ ~~~ ~ 0 m e :co Z g P- C> m " <+ 7!~or./ 0 [',OO~ Gbl Pl,~~ leB " NOTE us $36.,4~0,00.. Harrisburg, Pennsylvania . . . .S",p:t."'IIil;>e~. .l~ . . ... 19 .89. FOR VALUE RECEIVED, the undersigned ("Borrower") promise(s) to pay First Federal Savings and Loan Association of Harrisburg, a corporation organized and existing under the laws of The Unit.ed States of America, or order, the principal sum of . . . .Thi.:r:ty-:s.:i.>>. TIl.o.tll?<).1l9.. .:E:q1;l~. FIun9-I'!'.dFifty and. ()0/100:-:-:-:( $3.6 ,.450.00 )-:-~:- . . . Dollars, with interest on the unpaid principal balance from the date of this Note, until paid, at the original. intElres:t. .J;1j.tiO'. of 11% percent per annum. Principal and interest shall be payable at 234 North Second Street, Harrisburg, Pennsylvania, or such other place as the Note holder may designate, in consecutive monthly installments of . ~4r:ee:>. :fIU1ldred. ]~~orty:-:seveIl .and.14/100.-:.~~:-:-.-:"7.,..,.,..:-.-:-:7"':-:-:-:. Dollars (US $. .3.47..1.4. ....) on the first (1st) day of each month beginning. . . . . NO:v!'!jl1)JiO':r, ;I..,. . ., 1980... Such monthly installments shall continue until the entire indebtedness evidenced by this Note is fully paid, except that any remaining indebtedness, if not sooner paid, shall be due and payable on the first (Ist) day of . . . . . . . . . . . . Oc:t.ober.,. .2010. .. If any monthly installment under this Note is not paid when due and remains unpaid after a date specified by a notice to Borrower, the entire principal amount outstanding and accrued interest theron shall at once become due and payable at the option of the Note holder. The date specified shall not be less than thirty days from the date such notice is mailed. The Note holder may exercise this option to accelerate during any default by Borrower ::egardless of any prior forbearance. If suit is brought to collect this Note, the Note holder shall be entitled to collect all re<,:sonable costs and expenses of suit, including, but not limited to, reasonable attorney's fees. Borrower shall pay to the Note holder a late charge of four (4) percent of any monthly installment not received by the Note holder within fifteen (15) days after the installment is due. Borrower may prepay the principal amount outstanding in whole or in part. The Note holder may require that any partial prepayments (i) be made on the date monthly installments are due and (ii) be in the amount of that part of one or more monthly installments which would be applicable to principal. Any panial prepayment shall be applied against the principal amount outstanding and shall not postpone the due date of any subsequent monthly installments or change the amount of such installments, unless the Note holder shall otherwise agree in writing. Presentment, notice of dishonor, and protest are hereby waived by all makers, sureties, guarantors and endorsers hereof. This Note shall be the joint and several obligation of all makers, sureties, guarantors and endorsers, and shall be binding upon them and their successors and assigns. Any notice to Borrower provided for in this Note shall be given by mailing such notice by certified mail addressed to Borrower at the Property Address stated below, or to such other address as Borrower may designate by notice to the Note holder. Any notice to the Note holder shall be given by mailing such notice by ::ertified mail, return receipt requested, to the Note holder at the address stated in the first paragraph of this Note, or at such other address as may have been designated by notice to Borrower. The indebtedness evidenced by this Note is secured by a Mortgage of even date herewith, and reference is made to the Mortgage for rights as to acceleration of the indebtedness evidenced by this Note. /lJ The terms, conditions and provisions contained in the RIDER of even date attached \\f.~l\ +.J this note and executed by the Borrowers are incorporated into and amend and supple- o~;' o~""#:"'ono o,~~~ ~ ,,,, ;I..~ .Vf99~ .r,.ane"~dl.e.ton. T.wll~!...... . ..... . ..~... ...... .... .. .. .. '" ....... Cumberland Co., Fa. Cindy MOJ;ton 7~~';i Property Address PENNSYL VANIA - 1 to 4 "m;!y - 6/75 - FNMAIFHLMC UNIFORM INSTRUMENT m '-' Q 0:: 0 0 ::> <d m CO [;j }.! z V> Q) ..: 2 Po V> H '-' 0:: H Q) ..: H'" z :l: '" ~ flO ;; oJ ~ ~ Q ..... -' .. ~'.-l ..: 0 Cl B '" f:-- ,. to V> 0 <( ; E ~ ~ 0 ...l 5 0 '" 'n 0 8 ,.... ;2 :a :@ P'I"" 1= 0 '" '" 5 0 '" ..: U\ ~ Z .E-i 0 g ...::1' :l: oP'l '" .... 0 ..... '" ~:E: "" V> <"" 3~ ~ ':i ~ z ..., HH ..: '0 :>:0 0 2 ...l 0 '" - 0 RIDER September 18 ,19~ Property address: 12 Wood Lane, South Middleton Twp., Cumberland Co., Pa. Tne following tenns, conditions and provisions are incorporated into, amend and 8l~plement the terms, conditions and provisions of the Note to which this rider is 8.ttd.cned as if the rider were a part thereof: The holder of this Note shall after each three (3) y'ear period from the 1st ddY elf November , 19 80 , change the interest rate therein upon written notice sent fIOt less than ninety (90"}""days prior to the last day' of each such three (3) year pcrivQ to the Borrower or any persons who have assumed payment hereof or have purchased Hi<, ~ubject property upon which there is a mortgage securing the Note in ouch form o.u may be prescribed by applicable law or regulation. P.ny notice to the Borrower provided for in this NotE' shall be deemed given when it is deposited in the United States mail postage prepaid., addressed to the Borrower a t the :Borrower I s address as it appears in the records of' the holder of this Note at the time notice is given. The change in the interest rate, either by increasir~ or decreasing the same, herd8.fter called the "Renewal Interest Rate," shall be made pursuant to Section S4S.6-4a, Title 12 of the Code of Federal Regulations, ax.d the notice of change shall be in the fonn prescribed by Section 545.6-4a(e) of Title 12 of the Code of Federal rttb'cUations setting forth the Renewal Interest Rate and the new monthly installment or prescribed by other applicable law or regulation. ~'he Borrower promises to pay the interest from the 18th day of September 19~, on the unpaid principal balance at the Original Interest Rate of 11% percent per annum until the 1st day of October .' 19~. Principal and interest must be paid in equal monthly installments initially of Three Hundred Forty- seven and 14/100------- Dollars ($ 347.14 ) beginning on the 1st day of November , 19 80 , and continuing on the 1st day of each month thereafter until the 1st day ~ October , 19~. <- In the event of any change of the Original Interest Rate, hereafter called the "Renewal Interest Rate," the only provision in the Note or Mortgage that may be changed iL the contract interest rate including the amount of the monthly installments of principal and interest necessary to amortize the loan with the same principal and at the same interest rate over the remaining tenn of the Mortgage. The maximum interest rate increase or decrease is one and one-half (l~) percent per annum for any three (3) year period. At no time during the tenn of this Mortgage may the maximum interest rate increase or decrease be greater or less than five (5%) p0L'Cent per annum over or under the Original Interest Rate of 11% percent. ~~e~ w~ C. .B~~__ Borrower c~= -m=..r VF,RTFlC' A. nON Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this Affidavit, and that thi~ statements made in the foregoing Plaintiffs Exceptions to Distribution and Motion for Additional Distribution of Sale Proceeds are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification of authorities. Dated: Spptpmhpr 9, ?OO~ Mi!1""",m q ?:: ~,)'::ri D)~i.~ ~. ~,; r"~' <: ;!;'o 4--;i'} 51'(:: ~ ,...> CC=> "''' U' (/) fT1 -0 ~ :r-n "'e "'Om ::0 <:;'J ('~C) -......\ ~.(.\ :1:-u ~~~ ~") ~Jn :c~ :s5 '< C1' ..." 3: '2 C>.' .s:- - PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PAl 91 03 (? 1 ~) ~til-7000 Waypoint Bank, SIB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. William C. Brehm, III Cindy Morton NKI A Cindy Brehm Defendant : No. 04-5756 CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Rule to show cause why the "Plaintiff s Motion for Additional Distribution of Sale Proceeds" shall not be granted was sent via first class mail to the following parties on the date listed below: Cindy Morton NKI A Cindy Brehm William C. Brehm, III 12 Wood Lane Carlisle,PA 17013 William C. Brehm, III 1227 Bridge Street New Cumberland, P A 17070 Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: J ody - Real Estate Date: Septemhef?R, ?OOS Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP BJA~ Michele M. Bradford, Esquire Attorney for Plaintiff W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5756 CIVIL vs. WILLIAM C. BREHM, III, AND CINDY MORTON A/KIA CINDY BREHM, Defendants AND NOW, this ~~ ORDER day of September, 2005, a Rule is issued upon all interested parties to show cause why the "Plaintiffs Motion for Additional Distribution of Sale Proceeds" shall not be granted. Rule returnable ten (IO) days after servic tTHECOURT,p ~.~.>.e.'. .~".y Edward E. Guido, 1. Michele M. Bradford, Esquire For the Plaintiff William C. Brehm, II1 Cindy Morton A/KIA Cindy Brehm Defendants Office of the Sheriff :rlm - :::'!: -. Q, ::?-\"'\ y\~ e\ " "oq "'::~ 1.) '_.',~-' (~.. ~ ':,:;~'Q) . :/';':.f\ (:5.; -4) '.": ~..., '00 n c:" ,.-> (..-;) C' V' ff!.\ ," -0 \i, v' ." - ------- PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 ~) ~ti1-7000 Waypoint Bank, SIB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY Vs. William C. Brehm, III Cindy Morton AIKJ A Cindy Brehm Defendants : No. 04-5756 MOTlONTO MAKli: RTTT,F. ARSOT,TJTF. Plaintiff, by its Attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion for Additional Distribution of Sale Proceeds was filed with the Court on September 16, 2005 and Rule was entered upon Defendants William C. Brehm, III and Cindy Morton AIKJ A Cindy Brehm on September 22, 2005 to show (;ause why the Order for Additional Distribution of Sale Proceeds should not be entered. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto. 4. Defendants failed to respond or otherwise plead to the Rule Returnable date of October 9, 2005, WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Additional Distribution of Sale Proceeds. By: Phelan Hallinan & Schmieg, LLP ~ Michele M. Bradford, ESQUIRE Attorney for Plaintiff VRRTFTC:ATTON Michele M. Bradford, ESQUIRE, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. !}4904 relating to unsworn falsification to authorities. DATE: October 10, 2005 By: Phelan Hallinan & Schmieg, LLP ~h~QUIRE Attorney for Plaintiff J:. ':I" ,~~ PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (21~) ~til-7000 Waypoint Bank, SIB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff Attorney for Plaintiff Vs. : COURT OF COMMO~.PLEAS c tt)~~ : CIVIL DIVISION /' ,"'" ~\\\;., ~~ : ~~..t.;. ~ ,I,)" : CUMBERLAND CO~~\;.~ " William C. Brehm, 1II Cindy Morton AIKI A Cindy Brehm Defendant o ." -l ;;-n -oF;; 6Y ._-{o '<: -......'l ~~.('", :2 (~:!J I hereby certify that a true and correct copy of Rule to show cause why t~~flainftffsiS:;ri Motion for Additional Distribution of Sale Proceeds" shall not be granted was sent31ia t'#;t c1~s mail to the following parties on the date listed below: =~ ~ '< Cindy Morton AIKI A Cindy Brehm x.. ~~am C. Brehm, m William C. Brehm, m ~ ~\':""\~ Bridge Street 12 Wood Lane f<..~<(; ~'Y;-.y New Cumberland, P A 17070 Carlisle, PA 17013 ~~~ : No. 04-5756 (") <:; ...., = = en (/) r"1 -u '" \.0 CERTIFICATE OF SERVICE Office of the Sheriff Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Attn: Jody - Real Estate ~~ <<.~ ~~~ Date: s",p.~~ 200~ ~~~~ ~ q,"\9. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP llY.~ Michele M. Bradford, EsqUire Attorney for Plaintiff W A YPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W NO. 04-5756 CIVIL vs. WILLIAM C. BREHM, III, AND CINDY MORTON AIKJA CINDY BREHM, Defendants AND NOW, this ~~ ORDER day of September, 2005, a Rule is issued upon all interested parties to show cause why the "Plaintiffs Motion for Additional Distribution of Sale Proceeds" shall not be granted. Rule returnable ten (l0) days after servic Edward E. Guido, J. Michele M. Bradford, Esquire For the Plaintiff William C. Brehm, III Cindy Morton NK/A Cindy Brehm Defendants Office of the Sheriff :r1m W A YPOINT BANK, slb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIA nON OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5756 WILLIAM C. BREHM, III and CINDY MORTON a/kIa CINDY BREHM Defendants PETITION FOR SPECIAL RELIEF BY THE SHEIDFF OF CUMBERLAND COUNTY AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, who prays this Honorable Court for an Order of Special Reliefupon the following: 1. R. Thomas Kline is the duly elected Sheriff of Cumberland County, Pennsylvania, with his Office in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 2. Central Penn Property Services, Inc. ("Central Penn"), is a Pennsylvania business corporation with principal offices at 100 South 7th Street, Akron, Pennsylvania. 3. Central Penn is in the business of purchasing real properties at Sheriff sales. 4. Central Penn ostensibly purchased the real property which is the subject of the proceedings filed to the above number and term at the Sheriff's Sale of Real Properties on September 7,2005. 5. Central Penn has tiled exceptions to the Schedule of Distribution posted by the Sheriff for this property. 6. The basis of Central Penn's exceptions is its belief that certain costs, to wit, poundage and realty transfer taxes, should have been deducted from the bid it tendered at the sale and not added to the amount of its bid, 7. There is attached hereto and marked Exhibit "A," a copy of the terms and conditions established by the Sheriff for aJl sales held on September 7, 2005. 8. Prior to the sale of the any property, Central Penn informed the Sheriff of its objections to those terms and conditions with respect to poundage and realty transfer taxes. 9. No other party or person present or represented at the sale made objection to the Sheriff's terms and conditions of sale. 10. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the terms and conditions set forth on Exhibit "A." 11. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the other bidders for the property by offering the apparent high bid. 12. The next-highest competitive bidder at the sale did not protest the terms and conditions, thereby accepting the same. 13. The second highest bid was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 14. At the sale, Central Penn tendered a bid of $51,500.00; the next highest bidder tendered a bid of$51,000.00. 15. The poundage on this sale is $1,030.00 and the realty transfer taxes total $1,498,80. 16. Should this Court uphold Central Penn's exceptions to the Sheriff's Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby persons, including the second highest bidder, tendered bids under terms and conditions different than those ultimately determined by the Court post-sale. 17. In the event the exceptions are upheld, the Court should order a resale ofthe subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties. 18. Pa. R.C.P. No. 3135(a) requires the Sheriff to file the Sheriffs Deed within ten (10) days of filing his Schedule of Distribution. 19. The Sheriff has not filed the Sheriff's Deed. 20. Under the circumstances, the Sheriff should not be required to file the Sheriff's Deed pending further order of court upon final resolution of the issues in this matter. WHEREFORE, the Sheriff of Cumberland County requests entry of an Order directing him to refrain from filing the Sheriff's Deed pending further Order of Court. ~~q-- Edward L Schorpp, Esquire Attorney I.D. No. 17495 35 South Thrush Drive Carlisle, P A 17013 Telephone: (717) 486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. ~~~ R. Thomas Kline Sheriff of Cumberland County Dated: /eJ/,;u /00- Bidder # OFFICE OF THE SHERIFF CUMBERLAND COUNTY, PENNSYLVANIA TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON SeDtember 07. 2005 1. No person shall bid on a property unless first having registered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced, 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be filed on October 07, 2005 and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. ilL) \\ ,6(~B,I'7' ,/7 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23, 2005 at 12:00 P.M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28,2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10. The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. 11. All properties are exposed for sale without any representation by the Sheriff as to the quality of titled offered, Bidders are cautioned to be familiar with the state of the title prior to making a bid, I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature of Bidder/Attorney Printed Named Form ofIdentification Social Security Number/Attorney ill Number Address Telephone number W A YPOINT BANK, s/b/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5756 WILLIAM C. BREHM, III and CINDY MORTON a/k/a CINDY BREHM Defendants CERTIFICATE OF SERVICE I, Edward L. Schorpp, Esquire, hereby certify that I caused a true and correct copy of this Petition for Special Reliefto be served upon the following by United States First Class Mail, postage prepaid on Octobe~ 2005: William C. Brehm, III Cindy Morton a/k/a Cindy Brehm 12 Wood Lane Carlisle, Pa 17013 Stephen M. Hladik, Esquire Kerns, Pearlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, P A 19446-0029 Francis Hallinan, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Dated: ;0 -e:;?I--<::::JS C) "'-' () ~? ,-- C:::J ., , ., (~ .-1 T ( ) hi -, 1"'"' "-':,< J-' ,..} -2 , f1 ~::'1 -< (J. W A YPOINT BANK, slb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5756 WILLIAM C. BREHM, III and CINDY MORTON a/k/a CINDY BREHM Defendants RESPONSE OF THE SHERIFF OF CUMBERLAND COUNTY TO EXCEPTIONS OF CENTRAL PENN PROPERTY SERVICES. INC. AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, who responds to the exceptions of Central Penn Property Services, Inc., as follows: 1. Admitted in part and denied in part. It is admitted that Central Penn tendered the high dollar bid at the sale. It is denied that it purchased the property as set more fully explained hereafter. 2. Admitted. 3. Admitted, excepting that Central Penn did not object orally. 4. Admitted. 5. Admitted in part and denied in part. To the extent that this averment implies that it is "normal" is to take transfer taxes out of the bid such averment is denied. It is admitted that the taxes were taken out of the amount tendered, to wit, out of the $54,428.80. 6. Admitted in part and denied in part. Prior to making its bid, Central Penn was fully aware of the requirement to pay that amount in addition to its oral bid. Central Penn was not obligated to bid on the property and it could have chosen not to participate if it did not agree with the terms and conditions of sale. It is admitted that Central Penn was charged the poundage and transfer taxes in addition to its oral bid at the sale. The Sheriff did not honor Central Penn's objections, but announced that the sale would be offered upon the terms and conditions established by the Sheriff as more particularly specified on Exhibit "A" attached hereto and incorporated herein by reference. Central Penn did not pay under protest, but conveyed its objection to the terms and conditions to the Sheriffbefore the sale. Central Penn is not lawfully entitled to have the Schedule of Distribution amended. The averment of prejudice is a conclusion of law requiring no response herein. NEW MATTER 7. The terms and conditions for the sale of real estate as established by the Sheriff of Cumberland County are lawful. 8. No other party or person present or represented at the sale made objection to the Sheriff s terms and conditions of sale. 9. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the terms and conditions set forth on Exhibit "A." 1 O. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the other bidders for the property by offering the apparent high bid. 11. The next-highest competitive bidder at the sale did not protest the terms and conditions, thereby accepting the same. 12. The second highest bid was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 13. At the sale, Central Penn tendered a bid of $51,500.00; the next highest bidder tendered a bid of $51 ,000.00. 14. The poundage on this sale is $1,030.00 and the realty transfer taxes total $1,498.80. 15. Alternatively, should this Court uphold Central Penn's exceptions to the Sheriffs Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby persons, including the second highest bidder, tendered bids under terms and conditions different than those ultimately determined by the Court post-sale. 16. In the event the exceptions are upheld, the Court should order a resale of the subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties. WHEREFORE, the Sheriff of Cumberland County requests that the exceptions be dismissed. ~~ Edward L. iChorpp, Esqmre Attorney J.D. No. 17495 35 South Thrush Drive Carlisle, P A 17013 Telephone: (717) 486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff VERIFICA nON I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904, relating to unsworn falsification to authorities. . Thomas Kline, eriff of Cumberland County Dated: /q/A/ /dd- , Bidder # OFFICE OF THE SHERIFF CUMBERLAND COUNTY. PENNSYLVANIA TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON September 07. 2005 1. No person shall bid on a property unless first having registered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2, The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down the property to the successful bidder. 4, Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds. 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be filed on October 07, 2005 and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. .6~.B/7 1./9 '\ 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23,2005 at 12:00 P,M., prevailing time. Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28,2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10, The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. 11. All properties are exposed for sale without any representation by the Sheriff as to the quality of titled offered. Bidders are cautioned to be familiar with the state of the title prior to making a bid. I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature of Bidder/Attorney Printed Named Form ofldentification Social Security Number/Attorney ill Number Address Telephone number W A YPOINT BANK, slb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5756 WILLIAM C. BREHM, III and CINDY MORTON a/k/a CINDY BREHM Defendants CERTIFICATE OF SERVICE I, Edward L. Schorpp, Esquire, hereby certify that I caused a true and correct copy of this Petition for Special Reliefto be served upon the following by United States First Class Mail, postage prepaid on October c7/, 2005: William C. Brehm, III Cindy Morton a/k/a Cindy Brehm 12 Wood Lane Carlisle, Pa 17013 Stephen M. Hladik, Esquire Kerns, Pearlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, P A 19446-0029 Francis Hallinan, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, P A 19103 Dated: /0 -:;2/ -OS:- .. \ .,.~ .~ ~I,""'''' j ,--,,", ~ ~ PHELAN HALLINAN & SCHMIEG, LLP BY: Michele M. Bradford, Esquire Identification No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (? 1 ~) ~til-7000 Waypoint Bank, SIB/M To First Federal Savings & Loan Association of Harrisburg Plaintiff Vs. William C. Brehm, III Cindy Morton AIKJ A Cindy Brehm Defendants AND NOW, this~ of ();X . RECEIVf:D OCT ] f' LOUS s Attorney for Plai : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : No. 04-5756 ORDER ,2005, upon consideration of Plaintiff's Motion to Make Principal Balance Interest to September 7, 2005 Escrow Late Charges Property Inspections Legal Fees and Costs Total BY THE COURT: Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Sheriff of CUMBERLAND County is directed to distribute proceeds as follows: $13,281.45 $924.48 $2,214.72 $130.00 $55.50 $5,465.00 $22,071.15 J. tlv'?J 50 1C 0 ! ~'iJ()jO~{J v' 'r"';j . RECEIVED OCT 4 LO BY: "' ()J . W A YPOINT BANK, sfb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5756 WILLIAM C. BREHM, III and CINDY MORTON alkJa CINDY BREHM Defendants ORDER OF COURT AND NOW, thisd" ~aYOf b ~ ,2005, upon consideration of the within Petition for Special Relief, the Sheriff of Cumberland County is ordered to refrain from filing the tt.. ~;"cod~~r-7~~' f.<"~' .)- J. ,\/o? \ ~,CJ-- " (]':;' "' .il W A YPOINT BANK, slb/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5756 WILLIAM C. BREHM, III and CINDY MORTON aIkIa CINDY BREHM Defendants PETITION FOR SPECIAL RELIEF BY THE SHERIFF OF CUMBERLAND COUNTY AND NOW, comes R. Thomas Kline, Sheriff of Cumberland County, by and through his Solicitor, Edward L. Schorpp, Esquire, who prays this Honorable Court for an Order of Special Relief upon the following: 1. R. Thomas Kline is the duly elected Sheriff of Cumberland County, Pennsylvania, with his Office in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 2. Central Penn Property Services, Inc. ("Central Penn"), is a Pennsylvania business corporation with principal offices at 100 South 7th Street, Akron, Pennsylvania. 3. Central Penn is in the business of purchasing real properties at Sheriff sales. 4. Central Penn ostensibly purchased the real property which is the subject of the proceedings filed to the above number and term at the Sheriff's Sale of Real Properties on September 7,2005. 5. Central Penn has filed exceptions to the Schedule of Distribution posted by the Sheriff for this property. 6. The basis of Central Penn's exceptions is its belief that certain costs, to wit, poundage and realty transfer taxes, should have been deducted from the bid it tendered at the sale and not added to the amount of its bid. 7. There is attached hereto and marked Exhibit "A," a copy of the terms and conditions established by the Sheriff for all sales held on September 7,2005. 8. Prior to the sale of the any property, Central Penn informed the Sheriff of its objections to those terms and conditions with respect to poundage and realty transfer taxes. 9. No other party or person present or represented at the sale made objection to the Sheriff's terms and conditions of sale. 10. Notwithstanding Central Penn's objections, the Sheriff, through his Solicitor, announced that Central Penn's objections would not be honored and that all sales were offered on the terms and conditions set forth on Exhibit "A." 11. The auction sale of the subject property consisted of competitive bidding, whereby Central Penn ostensibly outlasted the other bidders for the property by offering the apparent high bid. 12. The next-highest competitive bidder at the sale did not protest the terms and conditions, thereby accepting the same. 13. The second highest bid was made in anticipation of, and in agreement with, the requirement to pay poundage and transfer taxes in addition to the bid amount. 14. At the sale, Central Penn tendered a bid of $51,500.00; the next highest bidder tendered a bid of $5 1,000,00. 15. The poundage on this sale is $1,030.00 and the realty transfer taxes total $1,498,80. 16. Should this Court uphold Central Penn's exceptions to the Sheriff's Schedule of Distribution, the sale will have been conducted under uncertain circumstances whereby persons, including the second highest bidder, tendered bids under terms and conditions different than those ultimately determined by the Court post-sale. 17. In the event the exceptions are upheld, the Court should order a resale of the subject property so as to assure a fair and equal sale under the circumstances and to protect the interests of the debtor and all other interested parties. 18. Pa. R.C.P. No. 3135(a) requires the Sheriff to file the Sheriffs Deed within ten (10) days of filing his Schedule of Distribution. 19. The Sheriff has not filed the Sheriff s Deed. 20. Under the circumstances, the Sheriff should not be required to file the Sheriffs Deed pending further order of court upon final resolution of the issues in this matter. WHEREFORE, the Sheriff of Cumberland County requests entry of an Order directing him to refrain from filing the Sheriffs Deed pending further Order of Court. ~4~- Edward L. Schorpp, Esquire Attorney I.D. No. 17495 35 South Thrush Drive Carlisle,PA 17013 Telephone: (717) 486-8386 Email: elschorpp@comcast.net Solicitor for the Office of the Sheriff VERIFICATION I verifY that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. g4904, relating to unsworn falsification to authorities. 0/7 r: g/~ /:2it R. Thomas Kline(Sheriff of Cumberland County Dated: /d/';U ft~ Bidder # OFFICE OF THE SHERIFF CUMBERLAND COUNTY, PENNSYL VANIA TERMS AND CONDITIONS FOR THE SALE OF REAL ESTATE ON September 07. 2005 1. No person shall bid on a property unless first having registered with the Real Estate Deputy and signed a copy of these terms and conditions of sale. 2. The Sheriff will not read the entire legal description of each tract offered for sale, but will announce the sale date, sale number, names of the parties to the action, writ number, creditor's attorney, municipality, street address, if any, and tax parcel number. 3. All properties are offered for sale on a reserve basis. The attorney for the execution creditor may withdraw the property from sale at any time up until the auctioneer knocks down the property to the successful bidder. 4. Prior to offering each tract for sale, the Sheriff will provide the attorney for the execution creditor the opportunity to make any announcements. 5. A one dollar bid shall mean that the bid is for the total amount of costs chargeable to the sale of the property. No subsequent bid shall be offered which is less than the amount of costs. Upon request, the dollar amount of the sale costs will be announced. 6. When a sale involves more than one tract, and in the absence of instructions from the creditor's attorney to the contrary, each tract will be offered separately and the bids held. Then, all tracts will be offered together. The properties will be knocked down in the manner resulting in the highest sale proceeds, 7. The following items ARE NOT INCLUDED in any bid and must be paid in addition to the amount of the successful bid: A. Realty transfer taxes. The successful bidder authorizes the Sheriff to add all realty transfer taxes to the bid amount for disbursement at the time the deed is recorded. B. Poundage. For each sale upon which money is made in excess of costs, the successful bidder shall pay poundage at the rate of 2% of the bid amount up to $250,000.00 and 0.5% of any remaining bid amount. C. Certified lien search. For each sale upon which money is made in excess of costs, the purchaser will be required to pay an additional amount of $200.00 per tract for a certified lien search, which will be performed on behalf of the Sheriff prior to distribution of sale proceeds. 8. A Schedule of Distribution will be filed on October 07,2005 and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days thereafter. 6#/8/"7 ~\\ ~ 9. As soon as the auctioneer knocks down a property to a successful bidder, ten (10%) per cent of the purchase price or all costs, whichever is higher, shall be delivered to the Sheriff and, upon default of such payment, the Sheriff shall direct the auctioneer to resell the property. In all cases, the balance of the successful bid shall be paid to the Sheriff not later than September 23,2005 at 12:00 P.M., prevailing time, Otherwise, all monies paid will be forfeited and the property will be re-sold on September 28, 2005, at 10:00 A.M., prevailing time, in the Office of the Sheriff. 10. The Sheriff will not act as agent for any party or bidder, and all properties will be exposed for sale absent prior instructions from the attorney for the execution creditor. II. All properties are exposed for sale without any representation by the Sheriff as to the quality of titled offered. Bidders are cautioned to be familiar with the state of the title prior to making a bid. I HAVE READ THE ABOVE TERMS AND CONDITIONS OF SALE AND INTEND TO BE LEGALLY BOUND HEREBY: Date: Signature of Bidder/Attorney Printed Named Form ofIdentification Social Security Number/Attorney ill Number Address Telephone number W A YPOINT BANK, slblm TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : No. 04-5756 WILLIAM C. BREHM, III and CINDY MORTON aIkIa CINDY BREHM Defendants CERTIFICATE OF SERVICE I, Edward L. Schorpp, Esquire, hereby certify that I caused a true and correct copy of this Petition for Special Relief to be served upon the following by United States First Class Mail, postage prepaid on Octobe~, 2005: William C. Brehm, III Cindy Morton aIkIa Cindy Brehm 12 Wood Lane Carlisle, Pa 17013 Stephen M. Hladik, Esquire Kerns, Pearlstine, Onorato & Fath, LLP PO Box 0029 Lansdale, P A 19446-0029 Francis Hallinan, Esquire Phelan, Hallinan & Schmieg 1617 John F. Kennedy Blvd., Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Dated: /0 - dl.....cJ..S ~~ Edward L. Schorpp, Esquire ,.--t 'r"; ~ ~ { '.~I -- STEPHEN M. HLADIK, ESQUIRE ATTORNEY 1.0. NO. 66287 ADAM L. KAYES, ESQUIRE ATTORNEY I.D. NO. 86408 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. WAYPOINT BANK, s/b/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 04-5756 v. WILLIAM C. BREHM, III and CINDY MORTON a/k/a CINDY BREHM : Defendants. PRAECIPE TO WITHDRAW EXCEPTIONS TO THE PROTHONOTARY: Kindly withdraw the Exceptions to Proposed Schedule's Distribution filed in the above-captioned matter. Kerns, Pearlstine, Onorato & Fath, VP Dated: \ \' L\ t. j \ . / By: ;'f Steph~n IVI. Hladik Attorn~ y jor Plaintiff STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 ADAM L. KAYES, ESQUIRE ATTORNEY I.D. NO. 86408 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-4165 Attorney for Central Penn Property Services, Inc. WAYPOINT BANK, s/b/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 04-5756 v. WILLIAM C. BREHM, III and CINDY MORTON a/kla CINDY BREHM : Defendants. CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of Central Penn Property Services, Inc.'s Praecipe to Withdraw Exceptions to Proposed Schedule of Distribution on the following by United States First Class mail, postage pre-paid on \, . 'i loJ ,2005: William C. Brehm, III Cindy Morton a/k/a Cindy Brehm 12 Wood Lane Carlisle, PA 17013 R. Thomas Kline, Sheriff One Courthouse Square Carlisle, PA 17013-3387 AND Dated: \1. 7 \: ( Edward Schorpp Solicitor for Cumberland County Sheriff 35 South Thrush Drive Carlisle, PA 17013 Stephen M. HI 0 ,.., 0 c::':) ~,~~. c.":i -n o;.n :;0: ..... 0 :1: ....... ...:: (nc I -OS" _,-." .J !;:" r) .~ . '::'::.-\c~ .~.. -.-," , ~ ~~:.!.} -- "'~O C ot'~-t s r:-? .~-\ ",-. 55 ;:;J w "" :..:. I .... ..... STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 ADAM L. KAYES, ESQUIRE ATTORNEY 1.0. NO. 86408 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 Attorney for Central Penn Property Services, Inc. WAYPOINT BANK, s/b/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 04-5756 v. WILLIAM C. BREHM, III and CINDY MORTON a/k/a CINDY BREHM : Defendants. STIPULATION AND ORDER TO VACATE PRIOR ORDER OF THE COURT WHEREAS, Central Penn Property Services, Inc. ("Central Penn") purchased the property which is the subject of the above-captioned matter at Sheriffs sale on September 7, 2005; and WHEREAS, Central Penn filed Exceptions to the Proposed Schedule of Distribution; and WHEREAS, the Sheriff filed a Petition for Special Relief; and WHEREAS, the Court issued an Order dated October 26, 2005 directing the Sheriff to refrain from filing the Sheriffs Deed pending further Order of the Court; and WHEREAS, Central Penn has withdrawn its Exceptions to the Proposed Schedule of Distribution on November 4, 2005; and WHEREAS, the parties are desirous of settling this matter. Rx Date/Time DEC-16-2DD\IFR1I lD:3D Dee 16 2005 10:38AM EDWARD SCHORPP 7174868386 71174868386 .' . GH..ln-~005(WEO) Il,nO Kerns Pe.rlstine Onor.to & F.th (FRX)215 855 9121 NOW THEREFORE, the Sheriff of Cumberland County and Central Penn Property Servlcn, Inc. hel'llby agree as follows: P. DD I p.l P 003/005 1. . The Court's Order dated October 26,2005 shall be vacated. 2. The Sheriff shall be permitted to Issue and record the Sheriff's Oeed-for"the~properlylocilted.~at-12-Wood-banB;-c::arflSte;-PA-1:ro1.a~-c:;entral~----'" Penn. . We have read the above agree to same. By signing below we consent that we hal/e the authority to enter Into this agreement. Facsimile signatures shaa be deemed to constitute original signatures. By: e)..-~~~.#- /~-16-a.s- Edward L~, Esquire Sollcltorfor Cumberland County Sheriff AND NOW, this day of December, 2005, upon consideration of the foregoing stipulation of the parties, the StlpulalJon Is hereby made an Order of the Court and the Order dated October 26. 2005 Is hereby Vacated. BY THE COURT: J. I t I I f i 1 l (') ...., 0 = ~~.: = "T1 en c::> jl:n [71 rl1-" " ,... -om N '1' y, -:~(~) ~ ...,.., :P ~''5:D ::r:: ';.C) t..D ~.5 rl1 --I CJ ?o .- -< .,'" - J Ute 2 'I 2005 rr" STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 ADAM L. KAYES, ESQUIRE ATTORNEY I.D. NO. 86408 Kerns, Pearlstine, Onorato & Fath, LLP 425 W. Main Street P.O. Box 0029 Lansdale, PA 19446-0029 215-855-9521 Attorney for Central Penn Property Services, Inc. WAYPOINT BANK, s/b/m TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No. 04-5756 v. WILLIAM C. BREHM, III and CINDY MORTON a/k/a CINDY BREHM : Defendants. STIPULATION AND ORDER TO VACATE PRIOR ORDER OF THE COURT WHEREAS, Central Penn Property Services, Inc. ("Central Penn") purchased the property which is the subject of the above-captioned matter at Sheriff's sale on September 7,2005; and WHEREAS, Central Penn filed Exceptions to the Proposed Schedule of Distribution; and WHEREAS, the Sheriff filed a Petition for Special Relief; and WHEREAS, the Court issued an Order dated October 26, 2005 directing the Sheriff to refrain from filing the Sheriffs Deed pending further Order of the Court; and WHEREAS, Central Penn has withdrawn its Exceptions to the Proposed Schedule of Distribution on November 4, 2005; and WHEREAS, the parties are desirous of settling this matter. .' Rx Date/Time DEC-16-2DD\(FRI) lD:3D 7174868386 Dee 16 2005 10:38AM EDWARD SCHORPP 7174868386 Gl'1:-1d-~OO<(WED) II :no Kerns Pe.rlstine Onor.to & F.th (FRX)215 855 9121 P 003/005 NOW THEREFORE, the Sheriff of Cumberland County and Central Penn Property ServlCBS, Inc. hereby agree as follows: 1. ,The Court's Order dated October 26,2005 shall be vacated. 2. The Sheriff shall be permitted to Issue and rel;ord the Sheriff's Oeed-for--the~properly .locilted'~at-~2 -Wood-banB;-c::arfisle;-PA-1:ro1.a-to-C:;entral~----'- Penn. . We have read the abol/e agree to same. By signing below we consent that we hal/e the authority to enter Into this agreement. Facsimile signatures sha. be deemed to constitute origInal signatures. By: E'>--~~.#- /.;7-/6 -O.s-- Edward L. Scho p, Esquire Solicitor for Cumberland County Sheriff AND NOW, this ~ 7 4"1. day of December, 2005, upon consideration of the foregoing stipulation of the partle!!,~!/le Stipulation Is hereby made an Order of the Court and the Ord~9ated OClober-;r 2005 Is hereby Vacated. - <- / B J. (]-~~-t!~ ~ _~ -y,/-';) p 00 I p.l I ~ I , f f 1 l 0 ....> Q. """ ~;: c..;,l cJ" :=2. -0 c:> f'r1 (i""\~ C-' .-"Kl N -)':( - "'?.;\_.) /,. ~ ';~~' ..." - ;(") ..- '1,)rn \..P! .-, J;."" 0 ~ ,..--- .- \ :~ . j~J3<(\~' :',.,O,\n::J ~\ \ :G tTJ 9Z :130 ~CUl Xci,,<~lC>~Cl :.~\J: H 3';..;1. 3~}.J,::c:~(Bl~:J _:n ~" ------------------ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which <<William C Brehm III & Cindv Morton akQ, Cindv Brehm is the grantee the same having been sold to said grantee on the <Oth day of <<September A.D., <a005, under and by virtue of a writ Execution issued on the <a8th day of <<April, A.D., 20<<05, out of the Court of Common Pleas of said County as of Civil Term, <a004 Number <<5756, at the suit of <<Waypoint Bank, sbm to First Federal S & L Assoc of Hbg against <<William C Brehm III and Cindv Morton akq Cindv Brehm is duly recorded in Sheriffs Deed Book No. <<272>>, Page <<3715. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I" day of ~a.~ ,A.D."zoo(o ~ {J 4W; ch.Ju~ Recorder of Deeds ~~~t;~=-~:::m(O .' , , Waypoint Bank, slb/m to First Federal Savings & Loan Association of Harrisburg VS William C. Brehm III and Cindy Morton alk/a Cindy Brehm The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-5756 Civil Term Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on May 20, 2005 at 6:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: William C. Brehm, Ill, by making known nnto William Brehm, personally, at 156 Newville Road, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy ofthe same. Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12,2005 at 8: 17 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Cindy Morton aIkIa Cindy Brehm, by making known unto Cindy Brehm, personally, at 12 Wood Lane, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy 0 f the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 4:12 o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William C. Brehm, III and Cindy Morton alk/a Cindy Brehm, located at 12 Wood Lane, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William C. Brehm, Ill, by regular mail to his last known address of 156 Newville Road, Newburg, P A 17240. This letter was mailed under the date of July 01,2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Cindy Morton a/k/a Cindy Brehm, by regular mail to her last known address of 12 Wood Lane, Carlisle, PA 17013. This letter was mailed under the date of July 0 I, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07, 2005 at 10:00 o'clock A.M. He sold the same for the sum of$51,500.00 to Andrew O'Dell for Central Penn Property Services, Inc. It being the highest bid and best price received for the same, Central Penn Property Services, Inc. of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$54,428.80. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 1,030.00 30.00 30.00 30.00 10.00 .50 1.00 23.70 3.46 30.00 40.00 497.00 376.49 18.20 25.00 39.50 $ 2,214.85 Sworn and subscribed to before me 2006, A.D. / . so~ ~ /~J R. Thomas Kline, Sheriff ByU6 Real Estate /JL~ (~V ..0 3()' I. .,0 UoG .5'/95(( Jru...o /7'31/( .. W A YPOINT BANK, S/B/M TO FIRST'FEDERAL' SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY COURT OF COMMON PLEAS Ptaintiff, v. CIVIL DIVISION WILLIAM C. BREHM, III CINDY MORTON A/K/A CINDY BREHM NO. 04-5756 CIVIL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) WAYPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUlRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,12 WOOD LANE, CARLISLE, PA 17013. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM C. BREHM, III 12 WOOD LANE CARLISLE, P A 17013 CINDY MORTON A/KJA CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None I . 4. Name and address of last recorded holdepof every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 12 WOOD LANE CARLISLE, P A 17013 Domestic Retations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department ofWeIfare PO Box 2675 Harrisbnrg, P A 171 05 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 21. 2005 DATE 'iY~ jJj ~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff .' W AYPOINT BANK, S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG CUMBERLAND COUNTY No. 04-5756 CIVIL Plaintiff, v. WILLIAM C. BREHM, ill CINDY MORTON AfK/A CINDY BREHM Defendant(s). April 21, 2005 TO: WILLIAM C. BREHM, III 12 WOOD LANE CARLISLE, P A 17013 CINDY MORTON A/K1A CINDY BREHM 12 WOOD LANE CARLISLE, P A 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. 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. 12 WOOD LANE. CARLISLE. PA 17013. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cwnberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of$16.843.72 obtained by WAYPOlNT BANK. S/B/M TO FIRST FEDERAL SAVINGS & LOAN ASSOCIATION OF HARRISBURG (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: I. The sale will be cancelled if you pay 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. 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. WRIT OF EXECU'fION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-5756 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt. interest and costs due W AYPOINT BANK Plaintiff(s) From WILLIAM C. BREHM, III AND CINDY MORTON a/k/a CINDY BREHM, 12 WOOD LANE, CARLISLE P A 17013. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 12 WOOD LANE, CARLISLE PA 17013 (SEE LEGAL DESCRIPTION) (2) You are also directed to attach the property of the dcfendant( 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) Ifproperty 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 $16,843.72 LL $.50 Interest FROM 4/21/05 TO 9/7/05 @ $2.77 PER DIEM = $385.03 Atty's Carom % Due Prothy $1.00 Atty Paid $134.70 Other Costs Plaintiff Paid Date: APRIL 28, 2005 CURTIS R. LONG (Seal) By: REQUESTING PARTY: Name FRANCIS S. HALLINAN, ESQ. Address: ONE PENN CENTER@ SUBURBAN STATION 1617 JFKBLVD., STE.1400, PHILA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No, 62205 Real Estate Sale #06 On May 04, 2005 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 12 Wood Lane, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 04, 2005 By:Jodt [ Srvui~ Real Estate Deputy (.-,J c:;:;;] c:;:;;] ~ CW iiV3 81] :[ d bZ ~dV SOOl id '..-',1,;:;, i,j d.:/i.'rue ~. .' ~.. ->, t _.1 ." ,i J AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 06 Date Filed: November 4, 2005 Writ No. 2004-5756 Civil Term Waypoint Bank, s/b/m to First Federal Savings & Loan Association of Harrisburg VS William C. Brehm, III and Cindy Morton a/k/a Cindy Brehm 12 Wood Lane Carlisle, P A 17013 Sale Date: Buyer: Bid Price: September 7, 2005 Central Penn Property Services, Inc. $51,500.00 Real Debt: Interest: Escrow Late Charges Property Inspections Legal Fees and Costs $13,281.45 924.48 2,214.72 130.00 55.50 5,465.00 Total: $22,071.15 DISTRIBUTION: Receipts: Cash on account (05/03/2005): Cash on account (09/07/2005): Cash on account (09/22/2005): $ 1,500.00 5,150.00 49,278.80 Total Receipts: $55,928.80 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Attorney Daniel Schmieg Waypoint Bank Commonwealth of Pennsylvania, Department of Revenue Lien No. 1988-2029 Lien No. 1988-1410 Lien No. 1988-2709 Lien No. 1988-3178 Lien No. 1988-3967 Lien No. 1989-0307 Lien No. 1989-0923 Lien No. 1989-1042 Lien No. 1989-4285 Lien No. 1990-0737 Lien No. 1993-3091 William C. Brehm, III and Cindy Morton aIkIa Cindy Brehm Total Disbursements: Batance for distribution: So Answers: r~~L<'/~ R. Thomas Kline Sheriff $ 2,214.85 400.00 749.40 749.40 1,500.00 22,071.1 5 2,515.41 1,910.81 232.08 1,919.52 271.52 269.11 270.62 533.86 2,842.10 510.33 7,021.38 9,947.26 ($55,928.80) 0.00 SCHEDULE OF DISTRIBUTION SALE NO. 06 Date Filed: October 7,2005 Writ No. 2004-5756 Civil Term Waypoint Bank, slb/m to First Federal Savings & Loan Association of Harrisburg VS William C. Brehm, III and Cindy Morton a/k!a Cindy Brehm 12 Wood Lane Carlisle, PA 17013 Sale Date: Buyer: Bid Price: September 7, 2005 Central Penn Property Services, Inc. $51,500.00 Real Debt: Interest: Attorney Costs: $]6,843.72 385.03 134.70 Total: $] 7,363.45 DISTRIBUTION: Receipts: Cash on account (05/03/2005): Cash on account (09/07/2005): Cash on account (09/22/2005): $ ],500.00 5,] 50.00 49,278.80 Total Receipts: $55,928.80 Disbursements: Sheriffs Costs Legal Search State Transfer Tax Local Transfer Tax Attorney Daniel Schmieg Waypoint Bank Commonwealth of Pennsylvania, Department of Revenue Lien No. 1988-2029 Lien No. 1988-1410 Lien No. 1988-2709 Lien No. 1988-3178 Lien No. 1988-3967 Lien No. 1989-0307 Lien No. 1989-0923 Lien No. 1989-1042 Lien No. 1989-4285 Lien No. 1990-0737 Lien No. 1993-3091 William C. Brehm, III and Cindy Morton aik/a Cindy Brehm Total Disbursements: Balance for distribution: So Answers: ~~~..~?~~ R. Thomas Kline Sheriff $ 2,214.85 400.00 749.40 749.40 1,500.00 17,363.45 2,515.41 1,910.81 232.08 1,919.52 271.52 269.11 270.62 533.86 2,842.1 0 510.33 7,021.38 14,654.96 ($55,928.80) 0.00 . . TITLE REPORT THE PREMISES ENDORSED HEREON ARE SUBJECT TO THE FOLLOWING ITEMS, WHICH WILL BE EXCEPTED IN THE POLICY UNLESS SATISFACTORY EVIDENCE PERMITTING THEIR REMOVAL IS PRODUCED. SHERIFF SALE NO.6 Held Wednesday, September 7, 2005 Date: September 7, 2005 TAXES: Receipts for all taxes for the years 2002 to 2004 inclusive. Taxes for the current year 2005. WATER RENT: SEWER RENT Company assumes no liability for private supply of water or sewer. Receipts to be produced if services are lienable. MECHANICS' AND Possible unfiled Mechanics Liens and Municipal Claims. MUNICIPAL CLAIMS MORTGAGES: Listed Under Other Exceptions Below. JUDGMENTS: Listed Under Other Exceptions Below. INSTRUMENTS TO BE PRODUCED: Deed from Cumberland County Sheriff to dated , 2005, and recorded , 2005, in Cumberland County Deed Book , Page RECITAL: Being the same premises which Wayne Robert Dellinger, single man, by deed dated September 18, 1980 and recorded September 23,1980 in the Office of the Recorder of Deeds in and for Cumberland County, at Carlisle Pennsylvania, in Deed Book "C," Volume 29, Page 745, granted and conveyed to William C. Brehm, III, and Cindy Morton, joint tenants with the right of survivorship and not as tenants in common. OTHER EXCEPTIONS: I. The identity and legal competency of parties at the closing of this title should be established to the satisfaction of the closing attorney acting for this Company. 2. Rights or claims of parties in possession, if any, other than the owner. 3. Unrecorded easements, discrepancies or conflicts in boundary lines, shortage in area and encroachments which an accurate and complete survey would disclose. 4. Payment of State and local Real Estate Transfer Taxes, if required. 5. Public and private rights in the roadbed of Woodland Avenue 6. Mortgage in the amount of $36,450 given by William C. Brehm and Cindy Morton to First Federal Savings and Loan Association of Harrisburg dated September 18, 1980 and recorded September 23, 1980 in Mortgage Book 684, Page 103. .. . . , Complaint in mortgage foreclosure filed by Waypoint Bank, successor by merger to First Federal Savings and Loan Association of Harrisburg as Plaintiff against William C. Brehm, III and Cindy Morton, also known as Cindy Brehm, as Defendants on November 16,2004, in the Office of the Prothonotary of Cumberland County to File No. 2004-5756. Judgment in the amount of $16,843.72 entered April 28. 2005. 7. Certified copy of lien entered by the Department of Revenue, Unemployment Compensation as Plaintiff against William C. Brehm, III and Sundays and Subs as Defendants, in the Office of the Prothonotary of Cumberland County on July 6, 1988 to File No. 1988-2029 in the amount of $2,506.41. 8. Certified copy of liens entered by the Commonwealth of Pennsylvania, Department of Revenue, Bureau of Compliance as Plaintiff against William C. Brehm, JII and Sundays and Subs as Defendants, as follows: (a) 1988 Civil 1410 entered May 9, 1988 in the amount of $1901.81. (b) 1988 CIVIL 2709 entered August 30, 1988 in the amount of $223.08. (c) 1988 Civil 3178 entered October 7,1988 in the amount of $1,910.52. (d) 1988 Civil 3967 entered December 14, 1988 in the amount of $262.52. (e) 1989 Civil 307 entered January 23,1989 in the amount of $260.11. (0 1989 Civil 923 entered March 13, 1989 in the amount of $261.62. (g) 1989 Civil 1042 entered March 21,1989 in the amount of $524.86. (h) 1989 Civil 4285 entered December 8, 1989 in the amount of $2,833.10. (i) 1990 Civil 737 entered February 26,1990 in the amount of $501.33. (j) 1993 Civil 3091 entered September 28,1993 in the amount of $7,012.38. 9. Under and subject to the rights of others in a shared well for water service as set forth in the Deed recorded in Deed Book "D," Volume 14, Page 422, and in Deed Book "R," Volume 17, Page 333. 10. Satisfactory evidence to be produced that proper notice was given to the holders of all liens and encumbrances intended to be divested by subject Sheriff Sale. It is noted that no notice appears to been given to the Commonwealth of Pennsylvania, Department of Revenue. 11. Real estate taxes accruing on and after January 1,2006 not yet due and payable. It is to be noted that no search of Domestic Relations Records has been made to detennine support arrearages regarding House Bill 1412, Act 58 of 1997, nor has any search been made for environmental liens in Federal District Court. c:::- - ~.. Robert G. Frey, Agent NOle: This Title Report shall not be vali i ding until countersigned by an authorized si natory , , ' REAL ESTATE SALE NO. 6 Writ No. 2004-5756 CMI Waypolnt Bank. s/h/m to First Federal Savings & Loan Association of Harrisburg vs. Vi,Ul1arn C. Brehm. III and ~lndy Morton, a/kj a CIndy Brehm Atty.: Francis Hallinan DESCRlPT10N ALL THOSE CERTAlN two tracts of land with the knprovements there- on erected, situale in South Middle- ton Township, Cumberland County, Pennsylvanta, Tract No. 1 bounded and described in accordance with a survey and plan thereof made by Ernes.t J. Walker. Professional En- gineer. dated March 19. 1963. as [ollows: TRACT NO.1: BEGINNING at a point on the northwestern sIde of Woodland Avenue. sometimes known as Wood Lane (50 feet wide), said point being 572 feet northea~t of the center line of the Pennsylva. nta Route No. 74: thence extending along land now or late of Dale Shenk North 51 degrees 40 minutes West 250 feet to an iron pin in line of land now or late of Dr. Blacksmith: thence along said land. North 47 degrees East 144 feet to a corner; thence by land now or formerly of Thomas V. Aland and JosephJne T. Aland. his wife. South 40 degrees 19 minutes East 244.35 feet to a point on the Northwestern side of Woodland Avenue aforesaid; thence along the same. South 45 degrees 9 minutes West 94.9 feet to the place of beginning. TRACT NO.2: BEGINNING at a polnt on the western side of Wood- land Avenue. also known as Wood Lane. said iron pl.r1 being the north- eastern comer of other land of the Grantor herein; thence by said land of the Grantor herein North 40 de- grees 19 minutes West 244.35 feet to an iron pm; thence by land now of formerly of Dr. Blacksmith. North 46 degrees 18 minutes East 43.8 feet to an Iron pin; thence by land now or formerly of Mose HeberUg. South 40 degrees 28 mlnutes East 243.4 feet to an iron pin on the west- ern side of Woodland Avenue; thence by the western side of Woodland Avenue. South 45 degrees 9 min- utes West 44.55 feet to the place of Beginning. Tax Parcel #40-23-0S92-002 and Tax Parcel #40-23~0592-003. RECORD OWNER T1TLE TO SAID PREM1SES IS VESTED IN William C. Brehm. III and Cindy Morton as Joint Tenants with Right of Surv1vorshfp and not as Tenants In Common by Deed from Wayne Robert Dellinger. sIngle man dated 9/IB/19B0 and recorded 9/ 23/1980, in Deed Book #C-29. Page 745. PREMISES BEING: 12 WOOD LANE. CARLISLE. PA 17013. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587. Approved May 16. 1929 Commonwealth of Pennsylvania, County of Dauphin} S5 Joseph A. Dennison. being duly sworn according to law. deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg. County of Dauphin, State of Pennsylvania. owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation. printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th. 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to veritY 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. COPY SALE #6 Sworn to and u NOT Y UBLIC My commission expires June 6. 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 376.49 REAL ESTATE SALE No. 06 Wrtl No. 2004-5756 ClvllTenn Waypolnt Bank,8IbIm 10 First Feelersl savtnga & Loan AS8OC. of Hl!lriaburg Vs ,-" William C. Brehm. III and CIndJ Morton alkJa cJndy Brehm Ally: Francts Hallinan DESCIlIPTION ALL 1ll0SE CERfAJN two!l1lcts of Iaod with the improvtJDellt5 thereon ertcted. situate in Soutb. Mi<ldieton Towosbip. Cumbedand COWlty. Pennsylvania,TractNo.l bOWIdoland_ . inacoordaBcewlthaSlllVeyandplanthecoofmade by Emes. J. WaIk<r,I'rollosioDaI ~,_ Marcb 19,1963,as foUows: mCf NO.1: BEGINNING ala point on Ihe nonh.western side of WOodland Avenue, SOIIICIimes known "'.Wood Laoe (SO feet wille). said point being 572f",,_oftbecenrer tiDe of ~ PenosyIV3llia R_ No. 74; lbence ..lenlIiog along bIOd now ",'late of Dale Shenk. North 51 degrees 40 minutes West 2SO feet to aD iron pin in tine of land now or late of Dr. Blacksmith; thence along said land. Noeth 47 degrees East 144 feet to a comer; tbeuce by land oow or formerly of ThomM V. Aland and furepbineT,A1and,hiswifu.Sootb40degrees 19 minutes East 24435 feet to a point on the Northwestern side of Woodland Avenue aforesaid; 1hencealongtbe same. Soutb 45 degrees 9 minutes Wost 949 fo:e'lo Ihe placeofllEGINNING. TRACfNO.2: BEGINNING al: a point on the western side ofWoodlaild Avenue, also known as Wood Laoe. said iroiipin boing Ibe_ comer of other land of the Grantor herein; thence by said land of the Grantor herein Nordl 40 degrees 19 minutes West 24435 feet to an iron pin; thence by land now or formerly of Dr. Blacksmith, Notth 46 degrees 18 _ East 43.8 feet to an iroo pin; thence by land now or fonoerly of Mtoe !Ieberlig. Soolb 40 degrees 28 minutes ~t 243.4 feet 00 an iron pin on the westem side of Woodland Avenue; thence by the western. side of Woodland Avenue. South 45 degrees 9__4455feet1DIbe'pIace of 1lIIGIMlIING, Tu_I>!O-~.oo:z""Tu_ M).21".. m1Jl1O SMi...... is ...... 10; WiIIiOm C.llIduo m 'IKIOndY Morton as ~ Ta1...~ wiIh lUgbt of S~",,1rip &ld not '" Thoan~ ill ~ by Deed from W."" ROOert JJeIlinger. single man. _ 9/1811980 and recoolod 912311980, ill Deed _IC,29. Page 745. PREMIS\!S BElNfr. 12 Wood Laoe, Carlislo, PA11ll13 . 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 15, 22, 29, 2005 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. "-~', I I I r / j , '-~;[,. .~~ ditor SWORN TO AND SUBSCRIBED before me this 29 day of July, 2005 NOTARIAL EAL LOIS E. SNYDER. Notar( Public Car~sle Boro, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 6 Writ No. 2004-5756 Civil Waypoint Bank, s/b/rn to First Federal Savings & Loan Association of Harrisburg vs. William C. Brehm. III and Cindy Morton, a/k/a Cindy Brehm Atty.: Francis Hallinan DESCRIPTION ALL rnOSE CERTAIN two tracts of land with the improvements thereon erected, situate in South Middleton Township, Cumberland County, Pennsylvania, Tract No. 1 bounded and described in accor~ dance with a survey and plan thereof made by Ernest J. Walker. Profes- sional Engineer, dated March 19. 1963, as follows: TRACT NO.1: BEGINNING at a point on the northwestern side of Woodland Avenue. sometimes known as Wood Lane (50 feet wide), said pOint being 572 feet northeast of the center line of the PennsyJva~ nia Route No. 74; thence extending along land now or latc of Dale Shenk North 51 degrees 40 minutes West 250 feet to an iron pin in line of land now or late of Dr. Blacksmith; thence along said land, North 47 degrees East 144 feet to a corner; thence by land now or formerly of Thomas V. Aland and Josephine T. Aland, his wife, South 40 degrees 19 minutes East 244.35 feet to a point on the Northwestern side of Woodland Avenue aforesaid; thence along the same, South 45 degrees 9 minutes West 94.9 feet to the place of beginning. TRACT NO.2, BEGlNN1NG at a point on the western side of Wood- land Avenue, also known as Wood Lane, said iron pin being the north- eastern comer of other land of the Grantor herein; thence by said land of the Grantor herein North 40 de- grees 19 minutes West 244.35 feet to an iron pin; thence by land now of formerly of Dr. Blacksmith. North 46 degrees 18 minutes East 43.8 ~ feet to an iron pin; thence by land now or formerly of Mose Heberllg, South 40 degrees 28 minutes East 243.4 feet to an iron pin on the west- ern side of Woodland Avenue; thence by the western side of Woodland Avenue. South 45 dewees 9 min- utes West 44.55 feet to the place of Beginning. Tax Parcel #40-23-0592~002 and Tax Parcel #40-23-0592-003. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, III and Cindy Morton as Joint Tenants 'with Right of Survivorship and not as Tenants in Common by Deed from Wayne Robert Dellinger, single man dated 9/18/1980 and recorded 9/23/1980, in Deed Book #C-29. Page 745. PRRMISRS HF.;lNr.~ T'J. w()nn