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Home My WebLink About06-0658Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717234.4178 mtg@pkh.com WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. BRANDI L. WEISS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PER-DER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. BRANDI L. WEISS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE 6L- (n9-.P lr[uc?? THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Plaintiff vs. BRANDI L. WEISS Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE oL- I?SP COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, pursuant to a Trust indenture dated as of April 1, 1982 ("Trust"), is a National Association with a servicing agent of Pennsylvania Housing Finance Agency, with an address of 211 NORTH FRONT STREET, HARRISBURG, PENNSYLVANIA 17101. 2. Defendant, BRANDI L. WEISS, is an adult individual whose last known address is 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, February 18, 2005, the said Defendant executed and delivered a Mortgage Note in the sum of $80,388.00 payable to JPMORGAN CHASE BANK, N.A., which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1897, Page 4432 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to PENNSYLVANIA HOUSING FINANCE AGENCY and was recorded in the aforesaid County in Mortgage Book 715, Page 1958. The Mortgage was subsequently assigned to WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5_ The land subject to the Mortgage is: 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on August 01, 2005 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $79,942.03 Interest at $9.99 per day $2,427.57 From 07/01/2005 To 03/01/2006 (based on contract rate of 4.5000%) Accumulated Late Charges $32.58 Late Charges $16.29 $130.32 From 08/01/2005 to 03/01/2006 Escrow Balance $351.73 Attorney's Fee at 5% of Principal Balance $3,997.10 TOTAL $88,881.33 "Together with interest at the per diem rate noted above after March 01, 2006 and other charges and costs to date of Sheriff s Sale. 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 that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring her within the Soldiers and Sailors Relief Act of 1940, as amended. 11. The within Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983. 12. Prior to the commencement of this foreclosure action, the Plaintiff sent to the Defendant written notice dated September 14, 2005, notifying them of the fact of default, amount needed to cure the delinquency and that if their account was not timely reinstated, a foreclosure action would be filed. A copy of the September 14, 2005 notices are attached hereto and marked as Exhibit "C". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 4.5000% ($9.99 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriffs and for foreclosure and sale of the property within described. By: KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) ORIGINAL NOTE 17908426 1179084268 0 FHA Case No. 4417632618703 February 18, 2005 0:.:. 12 DARTMOUTH CT. MECHANICSBURG, PA 17055 1. PARTifs "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means JPMORGAN CHASE BANK, N.A. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of Eighty Thousand, Three Hundred Eighty-Eight and 00/100 Dollars (U.S. $ 80, 388.00 ), plus interest. to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of Four and one-Half percent ( 4 . 500 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." That Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on April 1, 2005 . Any principal and interest remaining on the first day of March, 2035 , will be due on (list date, which is called the maturity date. (B) Place Payment shall be made at p, 0. BOX 78824 PHOENIX, AZ 85062 or at such other place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. S 407 . 31 Four Hundred Seven and 311100 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(c) of this Note by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of 4% of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's right to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. FHA MULTISTATE FIXED RATE NOTE c-nox Ptmal Pascl orz tamt,as tr?h 77,.Tf ` rrw? 1717 (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorney's fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. . / D L WEISSt WITHOUT RECOURSE PAY TO THE ORDER OF: PENNSYLVANIA HOUSING FINANCEAGENCY CHAS NK, BY: Aids .vr>L Szcrela?i FHA MULTISTATE FIXED RATE NOTE C-r302 (1 U96) Past 2 of 2 (Aepfacp 1198) k ALL THAT CERTAIN piece of parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot 137 as set forth on a final subdivision plan for Arlington Hills, prepared by Macomber Associates, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50.00 feet wide), at the dividing line between Lots Nos. 138 and 137 as shown on the aforementioned subdivision plan; thence along said right-of-way line of Dartmouth Court and through a 25.00 foot drainage easement North 78 degrees 08 minutes 55 seconds East, a distance of 50.00 feet to a point at the dividing line between Lots Nos. 137 and 136; thence along same and through a portion of the said 25.00 foot drainage easement North 11 degrees 51 minutes 5 seconds West, a distance of 109.20 feet to a point at lands now or formerly of Robert E. and Priscilla B. Gray; thence along same South 83 degrees 12 minutes 27 seconds West, a distance of 50.20 feet to a point at the dividing line of Lot No. 138; thence along the dividing line of Lot No. 138 South 11 degrees 51 minutes 5 seconds East, a distance of 113.63 feet to a point on the northerly right-of-way of Dartmouth Court, the place of BEGINNING. HAVING THEREON erected a three-story townhouse dwelling known and numbered as 12 Dartmouth Court. P E N N S Y L V A N•A H 0 U S I N G F I A N C E Homeownership Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 (717) 780-3870/TTY (717) 780-1869 A G E N C Y CERTIFIED MAIL - RETURN RECEIPT REQUESTED September 14, 2005 RE: Account NO: 1256890 BRANDI L WEISS 12 DARTHMOUTH COURT MECHANICSBURG PA 17055 RE: 12 DARTHMOUTH COURT MECHANICSBURG PA 17055 Dear Occupant(s): NOTICE OF INTENTION TO FORECLOSE MORTGAGE The MORTGAGE held by CORESTATES BANK, NA, PENNSYLVANIA HOUSING FINANCE AGENCY (hereinafter we, us your property located at 12 DARTHMOUTH COURT MECHANICSBURG IN SERIOUS DEFAULT because you have not made the monthly TRUSTEE FOR or ours) on PA 17055 IS payments of 567.00 for June 01, 2005 through September 01, 2005 for a total of $2,268.00. Late charges and NSF charges that have accrued to this date in the amounts of $48.87 and $100.00 respectively, are also due. The total listed below includes all fees (including inspections and securing that needed to be completed), less any funds we are holding in suspense. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter is $2,431.87. You may cure this default within thirty (30) DAYS of the date of this letter, by paying to us the total amount of $2,431.87, plus any additional monthly payments, expenses and late charges which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order and made at PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET/P.O. BOX 15057 HARRISBURG, PA 17105-5057 (717) 780-3870/3871 or 1-800-822-7375 or TTY (800) 346-3597 If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed vour mortgaged property will be sold by the Sheriff to pav off the mortgage debt If we refer your case to our attorneys, but you cure the default before they begin legal proceedings einst you, you will sts have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fees, even if they are over $50.00. Any attorney's fee will be added to whatever you owe us, which may also include our reasonable costs. If you cure the default within the thirtv day period, you will not be required to nav at- tornev's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured the default within the thirty day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid month- ly payments and any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale and perform any other requirements under the mortgage. It is estimated that the earliest date that such a Sheriff's sale could be held would be approximately five months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling us at the following number: 717-780-3870. This payment must be made payable in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriff's sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THIS MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occured. However, you are not entitled to this right to cure your default more than three times in any calendar year. You have the right to assert in other lawsuit instituted under nonexistence of a default or any have to any such action. any foreclosure proceeding or any the mortgage documents, the other defense you believe you may If you maintain credit, life or disability insurance in connection with your mortgage loan, your failure to pay premiums with your payments may have already resulted or may result in the future in the lapse or a cancellation of that insurance by the insurance company. If the insurance lapses or is cancelled, reinstatement of the loan will not reinstate the insurance, and you will have to apply to the insurance compa*and qualify for replacemo insurance if you wish to retain it. If you make partial payments on account of the delinquencies, we may accept them and apply them to the delinquencies. However, such partial payments will not cure your default or reinstate your loan. The loan will not be reinstated unless we receive the entire amount required to cure the default. Sincerely, ' f Mr. Thomas L. Go'iker Manager of Collections PENNSYLVANIA HOUSING FINANCE AGENCY 211 North Front Street/ P.O. Box 15057 Harrisburg, PA 17105-5057 TLG/jrd 2LS,1 P E N N S Y L V A N I A H O U S I N G F I N A N C E A G E N C Y Homeownership Programs Division 211 North Front Street P.O. Box 15057 Harrisburg, Pennsylvania 17105-5057 (717) 780-3870/TTY (717) 780-1869 N O T I C E September 14, 2005 BRANDI L WEISS 12 DARTHMOUTH COURT MECHANICSBURG PA 17055 RE: Account#: 1256890 TO: BRANDI L WEISS 12 DARTHMOUTH COURT MECHANICSBURG PA 17055 FROM: PENNSYLVANIA HOUSING FINANCE AGENCY The Federal Housing and Development Act of 1987 (as amended) directs creditors to notify homeowners who are delinquent in their mortgage obligation of the availability of homeownership counseling provided by nonprofit organizations approved by the Secretary of the Department of Housing and Urban Development ("HUD") and experienced in the provision of homeownership counseling. Attached is a current list of HUD-approved counseling agencies for Pennsylvania. If these agencies are not near you, you can call HUD's toll free #800-569-4287 for financially distressed mortgagors for information concerning HUD-approved housing counseling agencies. Enclosure Housing Counseling List 0 PAGE 2 OF 2 *Please be sure the agency of your choice services your county. Tabor Community Services 439 E. King Street Lancaster, PA 17602 (717) 397-5182 Housing Council of York 35 South Duke Street York, PA 17401 (717) 854-1541 C j ; 2. Article Number 7 7 II `` I `` II I I III II II? ll II ll ? ? `` I x C W O ? ?? III ?I III II II I III I I I I o U) 4 W 2 7160 390E 9849 70M 41.-M N W U. 3. Service Type CERnF1ED MAIL ra H U C 4. Restricted DeNVery? (Extra Fee) Yes 37 C „ I 't z 1. Article Addressed to: C ° M U BRANDI L WEISS CD z y = 12 DARTHMOUTH COURT m a MECHANICSBURG, PA 17055 W W S D CD m 1256890 PS Form 3811, January 2005 Domestic Page Dn=Loan Data F8=Prev Loan F12=Return c. Sgnawm X p Ac D. Is dmt",y address dtlerert from ft m i? ? Y. u YES, enter de%.ry address bolow: ? Nc Return v? R' s C) P. im x? co 0 C-1) c/1 C) I wo U W Q w t O N W Z o t € N - --- -- Ul ----------- ------ VERIFICATION Anthony J. Julian hereby states that he is the Director of Accounting and Loan Servicing of the Pennsylvania Housing Finance Agency, mortgage servicing agent for Plaintiff in this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. dA* IJ Anthony J. Julian Director of Accounting and Loan Servicing PEWrrIS'n L VANIA T t 1} -NC V Date: U 1- 31-U(0 Ns(awyNr 7ATdfT4tit. x1k`• Fe) F f? N co 1"l W 1 N h? co Sil T =G SHERIFF'S RETURN - REGULAR V CASE NO: 2006-00658 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS WEISS BRANDI CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEISS BRANDI L the DEFENDANT , at 1910:00 HOURS, on the 13th day of February , 2006 at 12 DARTMOUTH COURT MECHANICSBURG. PA 17 by handing to BRANDI WEISS 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 18.00 Service 8.80 Affidavit .00 Surcharge 10.00 .00 36.80 Sworn and Subscribed to before me this ) 3rd day of 1U a69{.Q A. D. CIL, Prot tary So Answers : R. Thomas Kline 02/14/2006 PURCELL KRUG HALLER By: D uty Sher' f SHERIFF'S RETURN - NOT FOUND a CASE NO: 2006-00658 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WACHOVIA BANK NATIONAL ASSOCIA VS WEISS BRANDI L 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 OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , OCCUPANT 12 DARTMOUTH COURT CSBURG, PA 17055 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: So answer -, - Docketing 6.00 -- __, Service .00 `,...-- Not Found 5.00^R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PURCELL KRUG HALLER 02/14/2006 Sworn and subscribed to before me this 01 3?q day of r1o o(v A. D. Pr oncta NOT FOUND , as to WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF BRANDI L. WEISS, VS. DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) BRANDI L. WEISS for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance Interest Per diem of $9.99 From 07/01/2005 To 03/01/2006 Accumulated Late Charges Late Charges ($16.29 per month to 03/01/2006) Escrow Deficit 5% Attorney's Commission TOTAL $79,942.03 $2,427.57 $32.58 $130.32 $351.73 $3,997.10 $86,881.33 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALLE By Leon P.r PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 r.3 CDP W 'G ?' C C7 -=i W O J WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRANDI L. WEISS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on _ .3o, _26b the following judgment has been entered against you in the above-captioned matter: $86,881.33 and for the sale and foreclosure of your property located at: 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055 Dated: May 3U, 2007 s '0. 'P" PROTHONOTARY,,.:':, Attorney for Plaintiff Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 BRANDI L. WEISS 12 DARTMOUTH COURT MECHANICSBURG, PA 17055 WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF Vs. BRANDI L. WEISS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on May 14, 2007 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller I.D. # 15700 Attorney fo aintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. BRANDI L. WEISS Defendant DATE OF THIS NOTICE: MAY 14, 2007 TO: BRANDI L. WEISS 12 DARTMOUTH COURT MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-00658 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. IMPORTANT NOTICE CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 ?- PURCELL, KRUG & LEON P. LER, Attorney for Plaintiff I.D. # 15'700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CC: JAMES M. BACH, ESQ. 352 SOUTH SPORTING HILL ROAD MECHANICSBURG, PA 17050 -au r-rt r? ; -.c tQ ? N WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF vs. BRANDI L. WEISS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this v2? day of 20 6 LEON P. 0 ER, ESQUIRE Am ? Q ?s CA) .Of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2006 Civil 658 WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRANDI L. WEISS, Total Judgment Amount $86,881.33 Interest $5,444.55 Per diem of $9.99 to sale date 9/5/2007 Late Charges $293.22 $16.29 per month to sale date 9/5/2007 Escrow Deficit $1,865.59 TOTAL WRIT $94,484.69 *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, September 05, 2007 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs TO THE PROTHONOTARY/CLERK OF SAID COURT: PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE Issue Writ of Execution in the above captioned Date: May 27, 2007 Attorney for Plaintiff 1719 North Front Street Le alley Harrisburg, PA 17102 I.D. #15700 (717) 234-4178 DEFENDANT(S) WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: SS To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 12 DARTMOUTH COURT MECHANICSBURG, PENNSYLVANIA 17055 Date: M Ai 30. dU°`I s A0, D /L" I1kbTHONOTARY/CIERK4 CIVIL DIVISION BY l) 0, %? DEPUTY C Q ? w x, s' c" ?\ v u34'' Q Q ?? 6 ?? ?j G' WSJ 1 JJ C .+ T --? CID j 1 ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot 137 as set forth on a final subdivision plan for Arlington Hills, prepared by Macomber Associates, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50.00 feet wide), at the dividing line between Lots Nos. 138 and 137 as shown on the aforementioned subdivision plan; thence along said right-of-way line of Dartmouth Court and through a 25.00 foot drainage easement North 78 degrees 08 minutes 55 seconds East, a distance of 50.00 feet to a point at the dividing line between Lots Nos. 137 and 136; thence along same and through a portion of the said 25.00 foot drainage easement North 11 degrees 51 minutes 5 seconds West, a distance of 109.20 feet to a point at lands now or formerly of Robert E. and Priscilla B. Gray; thence along same South 83 degrees 12 minutes 27 seconds West, a distance of 50.20 feet to a point at the dividing line of Lot No. 138; thence along the dividing line of Lot No. 138 South 11 degrees 51 minutes 5 seconds East, a distance of 113.63 feet to a point on the northerly right-of-way of Dartmouth Court, the place of BEGINNING. HAVING THEREON ERECTED A THREE STORY TOWNHOUSE DWELLING KNOWN AS 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH N.P. Dodge, Jr. et al by deed dated 02/09/2005 and recorded 02/23/2005 in Cumberland County Deed Book 267 Page 3158, granted and conveyed unto Brandi L. Weiss. TO BE SOLD AS THE PROPERTY OF BRANDI L. WEISS ON JUDGMENT NO. 2006 Civil 658 ASSESSMENT NO. 42-27-1890-098 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-658 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wachovia Bank, National Association, Trustee For Pennsylvania Housing Finance Agency Plaintiff (s) From Brandi L. Weiss (1) You are directed to levy upon the property of the defendant (s)and to sell See Legal Description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $86,881.33 L.L.$0.50 Interest $5,444.55 Per diem of $9.99 to sale date 915/07 Atty's Comm % Atty Paid $153.80 Due Prothy $2.00 Other Costs Late Charges $293.22 $16.29 per month to sale dated 9/5/07 Plaintiff Paid Escrow Deficit $1,865.59 *Plus additional interest late charges and other costs to date of sheriffs sale Sale Date 9/05/07 Date: May 30, 2007 (Seal) REQUESTING PARTY: Name Leon P. Haller Esquire Address: 1719 North Front Street Harrisburg, Pa. 17102 Attorney for: Plaintiff LI 'eZ' Curtis R. Long, Prothonota By:k?.? U Deputy Telephone: (717), 234-4178 Supreme Court ID No. 15700 WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRANDI L. WEISS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055: Name and address of the Owner(s) or Reputed Owner(s): BRANDI L. WEISS 12 DARTMOUTH COURT MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 12 DARTMOUTH COURT MECHANICSBURG, PENNSYLVANIA 17055 James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17050 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made ect to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. A I.D. #15700 Pur g & Haller 1 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 27, 2007 a ?r'"° C-5_ WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRANDI L. WEISS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, September 05, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 12 DARTMOUTH COURT MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2006 Civil 658 JUDGMENT AMOUNT $86,881.33 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BRANDI L. WEISS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. ' IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot 137 as set forth on a final subdivision plan for Arlington Hills, prepared by Macomber Associates, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50.00 feet wide), at the dividing line between Lots Nos. 138 and 137 as shown on the aforementioned subdivision plan; thence along said right-of-way line of Dartmouth Court and through a 25.00 foot drainage easement North 78 degrees 08 minutes 55 seconds East, a distance of 50.00 feet to a point at the dividing line between Lots Nos. 137 and 136; thence along same and through a portion of the said 25.00 foot drainage easement North 11 degrees 51 minutes 5 seconds West, a distance of 109.20 feet to a point at lands now or formerly of Robert E. and Priscilla B. Gray; thence along same South 83 degrees 12 minutes 27 seconds West, a distance of 50.20 feet to a point at the dividing line of Lot No. 138; thence along the dividing line of Lot No. 138 South 11 degrees 51 minutes 5 seconds East, a distance of 113.63 feet to a point on the northerly right-of-way of Dartmouth Court, the place of BEGINNING. HAVING THEREON ERECTED A THREE STORY TOWNHOUSE DWELLING KNOWN AS 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH N.P. Dodge, Jr. et al by deed dated 02/09/2005 and recorded 02/23/2005 in Cumberland County Deed Book 267 Page 3158, granted and conveyed unto Brandi L. Weiss. TO BE SOLD AS THE PROPERTY OF BRANDI L. WEISS ON JUDGMENT NO. 2006 Civil 658 ASSESSMENT NO. 42-27-1890-098 r-I C= r < . _ C3 4 C.) 44 rn A WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRANDI L. WEISS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE RELIkF FROM STAY r Al IN RE: BRANDI L. WEISS UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA Debtor WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY Movant VS. Respondents BANKRUPTCY NO.1-06-bk-00405 CHAPTER 13 ENTRY OF ORDER MODIFYING STAY TO PERMIT THE FORECLOSURE OF LIEN UPON REAL ESTATE OF DEBTOR AND NOW, at Harrisburg, in said district, appearing that a Notice of Default was served BRANDI L. WEISS and CHARLES J. DeHART, III, Esquire, Trustee upon debtors and their counsel, and that no response has been received by Brandi L. Weiss, Respondent, it is hereby ORDERED that the stay imposed by §362 (a) of the Bankruptcy Code be, and hereby is, modified to permit the Wachovia Bank, National Association, to proceed to foreclosure on its mortgage recorded in Cumberland County, Pennsylvania, as described in its Motion on file herein By the Court, 71 Dated: April 30, 2007 B m Judge pv) This document is electronically signed and filed on the same date. Q Z N Wachovia Bank, National Association, In The Court of Common Pleas of Trustee for Pennsylvania Housing Cumberland County, Pennsylvania Finance Agency Writ No. 2006-658 Civil Term VS Brandi L. Weiss Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2007 at 1632 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Brandi L. Weiss, by making known unto Doug Weiss, father of Brandi L. Weiss, at 12 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2007 at 1800 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Brandi L. Weiss located at 912 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Brandi L. Weiss, by regular mail to her last known address of 12 Dartmouth Court, Mechanicsburg, PA 17055. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Leon Haller. Sheriff s Costs: Docketing $30.00 Poundage 218.28 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 21.12 Levy 15.00 Surcharge 20.00 Law Journal 407.00 Patriot News 387.83 Share of Bills 15.69 $1147.42 R. Thomas Kline, Sheriff BYC? ?U?n1?.? Real Estat ergeant ?/ 911. 9IJ310 l',?,`? a 4- - ? mss, 8 ? ? sri3f J WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRANDI L. WEISS, DEFENDANT(S) IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNS V CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): BRANDI L. WEISS 12 DARTMOUTH COURT MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Pennsylvania Housing Finance Agency 211 North Front Street P.O. Box 8029 Harrisburg, PA 17105-8029 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 12 DARTMOUTH COURT MECHANICSBURG, PENNSYLVANIA 17055 James M. Bach, Esquire 352 South Sporting Hill Road Mechanicsburg, PA 17050 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made ect to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. ;;// __ Leon P. I A I.D. #15700 Purca1 a & Haller Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: May 27, 2007 • WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, PLAINTIFF VS. BRANDI L. WEISS, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 2006 Civil 658 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, September 05, 2007 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 12 DARTMOUTH COURT MECHANICSBURG, PENNSYLVANIA 17055 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 2006 Civil 658 JUDGMENT AMOUNT $86,881.33 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: BRANDI L. WEISS A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD. TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. { .1 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff' 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 L ? y ALL THAT CERTAIN piece or parcel of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being Lot 137 as set forth on a final subdivision plan for Arlington Hills, prepared by Macomber Associates, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dartmouth Court, a public street (50.00 feet wide), at the dividing line between Lots Nos. 138 and 137 as shown on the aforementioned subdivision plan; thence along said right-of-way line of Dartmouth Court and through a 25.00 foot drainage easement North 78 degrees 08 minutes 55 seconds East, a distance of 50.00 feet to a point at the dividing line between Lots Nos. 137 and 136; thence along same and through a portion of the said 25.00 foot drainage easement North 11 degrees 51 minutes 5 seconds West, a distance of 109.20 feet to a point at lands now or formerly of Robert E. and Priscilla B. Gray; thence along same South 83 degrees 12 minutes 27 seconds West, a distance of 50.20 feet to a point at the dividing line of Lot No. 138; thence along the dividing line of Lot No. 138 South 11 degrees 51 minutes 5 seconds East, a distance of 113.63 feet to a point on the northerly right-of-way of Dartmouth Court, the place of BEGINNING. HAVING THEREON ERECTED A THREE STORY TOWNHOUSE DWELLING KNOWN AS 12 DARTMOUTH COURT, MECHANICSBURG, PENNSYLVANIA 17055 BEING THE SAME PREMISES WHICH N.P. Dodge, Jr. et al by deed dated 02/09/2005 and recorded 02/23/2005 in Cumberland County Deed Book 267 Page 3158, granted and conveyed unto Brandi L. Weiss. TO BE SOLD AS THE PROPERTY OF BRANDI L. WEISS ON JUDGMENT NO. 2006 Civil 658 ASSESSMENT NO. 42-27-1890-098 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-658 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Wachovia Bank, National Association, Trustee For Pennsylvania Housing Finance Agency Plaintiff (s) From Brandi L. Weiss (1) You are directed to levy upon the property of the defendant (s)and to sell See Legal Description . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If propertyof 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 $86,881.33 L.L.$0.50 Interest $5,444.55 Per diem of $9.99 to sale date 9/5/07 Atty's Comm % Due Prothy $2.00 Atty Paid $153.80 Other Costs Late Charges $293.22 $16.29 per month to sale dated 9/5/07 Escrow Deficit $1,865.59 Plaintiff Paid Date: May 30, 2007 (Seal) REQUESTING PARTY: Name Leon P. Haller Esquire Address: 1719 North Front Street Harrisburg, Pa. 17102 Attorney for: Plaintiff Telephone: (717). 2344178 Supreme Court ID No. 15700 *Plus additional interest late charges and other costs to date of sheriffs sale Sale Date 9/05/07 / Curtis R. Long, Prothonotar? By: a.-_c-n." 'lAt? Deputy de= D Real Estate Sale # 45 On June 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 12 Dartmouth Court, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 7, 2007 By: Real Estate Sergeant h S .b d I - Nn 1001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 2007 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. SWORN TO AND SUBSCRIBED before me this day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS NORMY Pub NC CARUSLE 9000, CUMBERLAND COU 1Y My Comrebt M ISO t Apt 28.2010 XXAL =TA?i WN NO. 45 Writ No. 2006-636 Civil Wachovia Bank, National Association, Trustee for Pennsylvania Housing Finance Agency vs. Brandi L. Weiss Atty.: Leon Haller DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in Upper Al- len Township, Cumberland County, Pennsylvania, being Lot 137 as set forth on a final subdivision plan for Arlington Hills, prepared by Macom- ber Associates, Inc., and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania, in Plan Book 36, Page 105, and more particularly described as follows: BEGINNING at a point on the northerly right-of-way line of Dart-' mouth Court, a public street (50.00 feet wide), at the dividing line between Lots Nos. 138 and 137 as shown on the aforementioned subdivision plan; thence along said right-of-way line of Dartmouth Court and through a; 25.00 foot drainage easement North 78 degrees 08 minutes 55 seconds`. East, a distance of 50.00 feet to a point at the dividing line between La/s Ilrab 137 and 136; t1m cae ab ab Now ftd dwough a j, r-6a of sot, m x.40 loot drainage easawast ldmO* 11 doWees 51 minutes 8 oft- a da. WW4 a distance of 109.20 fact to 4 PO at lamb now or fonowly of Robert E. and Priscilla B. Gray; thence along same South 83 degrees 12 minutes 27 seconds West, a dis- i tance of 50.20 feet to a point at the dividing line of Lot No. 138; thence along the dividing line of Lot No. 138 South 11 degrees 51 minutes 5 seconds East, a distance of 113.63 feet to a point on the northerly right- of-way of Dartmouth Court, the place of BEGINNING. HAVING THEREON ERECTED a three story townhouse dwelling known as 12 Dartmouth Court, Me- chanicsburg, Pennsylvania 17055 BEING THE SAME PREMISES. WHICH N.P. Dodge, Jr. et al by deed dated 02/09/2005 and recorded 02/23/2005 in Cumberland County Deed Book 2+67 Page 3158, granted and conveyed unto Brandi L. Weiss. TO BE SOLD AS THE PROPER'T'Y OF Brandi L. Weiss on Judgment No. 2006 Civil 658. ASSESSMENT NO. 42-27-1890- 098. i ANA 1C- 1U THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. BiUMime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 in the 18th and 25th day(s) of July and the lst day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #45 Sworn to and subscribed QWAk.D. Notarial Seal Terry L Russeli, Notary Pudic (fly Of Harrisburg, Dauphin C,ounly My Expires June 6, 2010 mber, a ylvania Association N Wades ?„44 oa Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 M Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 IhallerD-Dkh.com WACHOVIA BANK, NATIONAL ASSOCIATION, TRUSTEE FOR PENNSYLVANIA HOUSING FINANCE AGENCY, Plaintiff VS. BRANDI L. WEISS, Defendant PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 - 658 Civil IN MORTGAGE FORECLOSURE Please mark the judgment entered in the above captioned matter satisfied of record, because the Mortgage has been reinstated and the default cured. PURCELL, KRUG & LER By L n P. Haller ID #15700 Attorney for Plaintiff Date: September 13, 2007 rg