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HomeMy WebLinkAbout06-1434SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS 1270 Northland Drive, Suite 200 CUMBERLAND COUNTY Mendota Heights, MN 55120 . PLAINTIFF NO: OL - I L{ VS Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 DEFENDANT COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PRE VIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Telephone: 717-249-3166 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 JOSEPH REJENT, ESQ., ATTORNEY I.D. NO. 59621 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 ; Mendota Heights, MN 55120 PLAINTIFF v5. Kenneth Green aWa Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY /? 7 NO: O(o - l.:lc??? l EQ.rv? COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Washington Mutual Bank, FA, the address of which is, 1270 Northland Drive, Suite 200, Mendota Heights, MN 55120, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc. as nominee for Transland Financial Services, Inc. Mortgagor(s): Kenneth E. Green (b) Date of Mortgage: December 23, 2004 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1893 Page 4994 Date: January 10, 2005 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for Transland Financial Services, Inc. Assignee: Washington Mutual Bank, FA As Recorded 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 209 1/2 South Second Street, Wormleysburg, Pa 17043 and is more specifically described as attached as part of Exhibit "A." 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B." 5. The name and mailing address of each Defendant is: Kenneth Green a/k/a Kenneth E. Green, 209 1/2 South Second Street, Wormleysburg, PA 17043 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2005 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 8. The following amounts are due as of February 28,2006: Principal of Mortgage debt due and unpaid $66,205.89 Interest currently due and owing at 5.375% per annum calculated from September 1, 2005 at $9.75 each day $1,764.75 Late Charge of $19.04 per month assessed on the 16th of each month from October 16, 2005 to February 16, 2006, (5 Months) $95.20 Escrow Balance (Credit to Defendant) ($210.58) Title Search/Report Fees $250.00 Attorneys' Fees and Costs $1,500.00 TOTAL $69,605.26 9. Interest accrues at a per diem rate of 9.75 each day after February 28, 2006, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' 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 attorneys' fees will be charged based on work actually performed. 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or 11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seq., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against the Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & KREISMAN, LLC Date: :J 1 i icG BY: Attorney for Pl ' i 'ff S & K File No. 06-26302 4 42600321 (E) "Note arws dam promitam note dpA4 by Borrower end dated MOM 23, 9004 Mm Note states that Bomw'er owes Lander SIXTY-LII TLOLSh" RM ILXMM TMLIM-TM AM 00/100 Dol(azs(U.S. S 66, 929. po ) plus im rat Borrower lea ptonmsod to pay this debt in r0gulsr l4riotde Payoments and to peythe debt in full sot later than AWAIT 1, 2035 (F) "Property" montbe propctty mat is docribad below under the heading "TranaferofRiglao is the Property." ' (G) "Saar' tan"""s the debt ovidowd byths Now, Phu h msr, uryprNpquacat dturA and Iota ebwm due under *v Note, and all amm due undo to lictWity Inattanm%4 plus idcte$L (11) "Alders" meets all RWn lo We Swusity h omantOut am txecrued by Borrower. The fallomft Rlden are to be exe mod by Bcmgwrs (checkbox as appliwbie). (] Aayuswbk kart Rid" ? Cmdomimmum Rider Q Seoosd.Nam Rider Bepoomliidec QPlannedvdtDsrdapmmtAidar ?sfweewPaymentRuder 1.1 Fmtily Ride: ? 011344) (specify) YARIder (1) eApouble Law" means all coavWling applicable federal, sum and local amuses, rtauladow, ordmmocs and admmisnadve riles add orders (thtt We ibe effect of low) as well as all applicable final, nemappmaablo judicial op'mio0s. (3) "COMMOSty Almdation Asa, Fans, and Ammaeob" moans av duo, Zee, asscoursau and other charges that Ke imposed on 8mower at tlu Property by a candmoiaium assaaadoq bomaow= association or similes M "Maaonlo Funds Tmmfere means say namft of funds. cdw than a ounctan orippetad by check, drag or similar paper intmsoeeat, Which is mtitiow mrongb ate daebtortio wmh4 Idtphmio Wwwnwt, aomptast. or tmgmdo rape so as to order, Wnmc , or ate wen a 5 "taw iastgtdtom to debit of "edit an SCMML Such tan kx dos. lone is ant limirod t0. potm-0f-solo Aamdrn, sutnmawd taller nmchim awasodom MOM taftad by talephone, wb* ttanstm and u mmawd deartmoouo trumm (L) "Emvw Items" newt Arose hems mat an dasm*4d in goo" 3. (M) "MLcallamww Precteds' meant say comobsstim sawUN14 award of damage, of proceeds paid by any third parry (adw tben uutensn prommis pahd under the covetagw decdbed lo Section S) for. (r) damage w. or destruction a4 the Property; (11) ooademoadon or giber Wads *(ad or any part of the Property; NO gomysymn im Hew ofeoodetmadoni of (5v)alrc?aemdgos of, or matfieme u to, the value and mcoodidoa of the property. M "Mmum Issurame" mcatM Insurance proactimg I-eaderagamarbe nonpayment of, or default an, the Lam. (O) "Perlode PaymeW mete the rogulary scheduled imam due fa (i) principal sod imagist mader the Note, Plus 61) any Unease tadr section 3 of des Searky Icso mt. M " %WXR mans the Raai IIaeu sedcamet Prooedoaa Act (12 U.S.C. ;2601 at w(-) and its implametiog ieguLdam Re;oletian X (24 C.F.R Pan 3300), a drey 0dght be amended from dm to fm* or my addidomel tar tuom or legislation or ragtdetien that gosems tbo soma sulymct moor. As used in tb4 Scocrhy Lmnamen4 "AP.SPA" is&n to tII ragtdmmants and motiodoo, U am fmgoaed'm reprd w a "kdaeaUy relstud mortgage load' riven if doe Lou does not gtably me "fedarallyrelated tmtrgaga low' under RMA. (W "Smocessor In harm of Domwere teems ay pasty dear has taken title to the Ptq", whether or nor that Puy has asetmsed Borrower's obligations under ths Nee and/or rids Security basormnant . TRANSFER C RI RIGI S IN MB PAOPEffTY This Serauity l MMVM attunes to Lpmder; C1) the «psymeot of the Lean, aid all renswsls, axwnaioas and modifmdom of do Now; and (i() rite pcrMname of Bonawces coyamma and apeemron order this Seumity Inamumerx amd the Not,. For Otis purpose, Romwar doe bwaby mortgsga, yet std convey to bM9 (sokly u aomlow for Lander and bender's succomm end udps) ad to the wccsson std arrlgor of WM ma f6gowing 4,udkod LwMer0, loaatd In the oA ootwy (T)pe of Reootdloy Joasdicdon) wan NSC stet of ]tarardmg3urisdietion) 15lRLRL OLBCRIPfION ATTAt9tED tbLltlif0 AM atllDi A PART !lEIt40 .. VeNV YLV MLA-Sups FSmOy-)' state msvlwd#w mm vXWORM prsiAUmn FMMSMAI Meddled fer VA a r?ia . e.nrma (V IV02po w1 5f I693PG4995 42000127 which cww dy has the SUM% of `'ntOltdgYF917A6 '(Cieyl 17043 Sag 119 soars gltn7= BTR6$7' fstroa) Pawaytvania (Zip Cods) TOCIR11 R 1VM Wi the im MVVWrea row Of laatler etestrd on the Pmpeny, VA Sit eammnmM appwWomes, and Rxo= now of betoah r a peer of lac Property. AU tgluomee4 and sddlcans spilt alw bet covered by thb Saclt * tasawneat AR of the ftasgdag is 7e6tel d to ro ibis Soeway lms XWM as %be Tiapa,<y," Soettvsar tmdaestaadt and agrees that MIMS bolds only legal *Is to tb0 Wmato grams by Borrower is this Security loemnaaa, bat, if tmoateary to somply wbb law ce cunt, MM fat nominee for Leader sod Lender's aucammra sad smoi 1s) has the sight to mrereim say or all of these Warcr4 Iori A*& low sot limited io, the doe to foreclose and wU the PropstT. sad to aloe any aaioe mgWmd of LaAet ir0ndudb0g, but act limilod to, mleasieg sad canceling this Somw lnawomes. BORROAt81i COVENANTS that Bonuttat is hwtblly soiled of the elate bereby conveyed std has at n& to mortgage, Seam cod calveythe Propaefy and tbsr the property U Mom=dxfsd, aroapt ibr mawbraroct of .record Banowa wrtraaes and wpt de cV d Morally sloe Me to the ptopary $90had all clslan and demands, aWr w .n say aoeumheamOOS ofreevnL T7319 SKMTY RISTRI:JMFM combines uWotm cove ms for naeiand use and nos-tmitbrm cow:nanis with ] ouW variations byJnaieMakoa to eoucum a ua& m security inenwwW conringtaal property. IINIItORM COVENANTS. Gomm rand Leodwcovonaet and agree as follows: _ '*PUPayw dua ePrkcpWaaL rvid$M4 by IMYPMPVYVWN dMV4and Imo charges due inkier den Note. Boerower"also pay facts be Furrow Item patrim to Section 3. %yormts due tinder the Nos and this Smoky tetmmaem shell be made so U.S. altmoalt• liowovec, (f say deck or ammum tmoived by Leader as psymtm corder the Hats or de Sorudty instrument Is mined to Leader tmpother a a, Lefler racy reosire ft aanayy or a9 wbse*m Pgzscl to dun QWW the Note and dds Satuory Imtrumantbe testa in we ar moue of tlta follewSag fbCM as mkcaod by Laodor. (0) 0* (b) mosey order; (e) cudW check baale check vasserer's obeek oreashiets sheds, provided say web check it dnwa um tm iordmioo wbcee d epode as iaaustl by a Mud apicy. iaslnmo moft, or amity; or (d) 8lsetroai0 Funds Transfer, PaYmeaa 0ro dasmod teudved by Lendot *boa rect hid W to location demilptu d In the Nom or ar such other leaaim as MY be ttsalgasted by laudef in maadanae vatb tie Rod" provulom is serodoa I S. Leader coy n t m my Mynx ae or value, poyataat Itdw payment orpsraW peytnmm in WAdacieat so bf4 the Lam em ov#4 Laser rosy Z=V UY PWSU* If PW W Paymtat irwlSdeat to bring the Ltas atmm willow %mver of aw rimer heaamdde o 131111 dice m is itgla to Wm arch M121at or Par i0l syclar a inthe Oemb, bat (seder is nor W%atsd to apply snit mmrma ar the time such paymm are accepted. Tf snob Pariodk pwmm is applied ar of itsascheduleddoedats,them LeadorDeed sotpsYkaterestOn%oppliod8mds.Lemdorweybotd each cords tmdU 8ntr0W makes payaana to bebg to Loan a m% if Borroame does not do so w" a reasomble patWd of time. Lancet ibWl etdmt apply such halo Or return 11210 to bamw1m . If IM AWI$d saber, suds Surds wm be applied to the moadiag Pei 4 W kkm under the Now ianmd nerY price to fereckearo. No offset or slain which Borrower rtteg6t bwe sow or in the Rnute sgsimt Leader W rolieve Ba owlet ft m making paymeay duc under the Nos sad this Soewi y Immmws or po fa miag the covenants tad smeemana seaaod by eis Secir ky Lo6mm at. 2 APpii lan of paymwu or Reswda Bxccpt as comwiae eleseribed in chic Seed" 2, all paymem acmFkod and "Phod by Londe shall be applied ke lb; following order of poiaiky.' (a) interest due latter at Nan; (b) priswlpal due wider the Note; (s) aww,tns dae under Section 3, Such psymmets sMU be apptisdti ? io me faymem m the ads Ut which it basics duo Ahll tt maidttg atrottos shall bet fast to la¢e e say odor mm m due 140149 thk SooWlY WW MA rod than to sedum da priaoipai bal0om of else Note, U Lender reedva a paymm em Borrow for a delimmim Ponodit Psymnm whkh inohkdee a arkicat wom to pay any We champs duty ttm paymsot may be applied to the delinquent paymat at the am caakgs. u :acre than 00 Pexiodic Paymm is oumso 'mg. Leader may apply any parsent tecolved from Sorrower to the ttpsyamn of dm Pa"c Paytttwa K sad to Ow exeme tbm, cub paymam can be paid IA fdL To the extent that spry ctceas exists after the Is applied m the full Paymat of Otte of mom por ame Psyvwm such excess racy be amlied m say We =4ttc.. Vohmtary Pmpsym ms sbal( be appltea No to any ptepayutect ehugw and then as cucnWd in the Note "Wm3VLVAN(M.5katc remits-Fegxk m"'FI &)AM k1NVeass 11qatagadtt Fora3m1101 i." Wtee VA 00CU (Pore J ulltlogev mina ..ANmum 8KI893PG4996 41004227 Any appliatioa of papaenn, ionuanoe proceeds, m MiueOMMU Fratxeds to priuc* duo Under dic Not Shan ace Mead or p nom tba due date, or ohms the amow0. ofthe Periodic Paymaes 3. Farms ferttaoer ImA. Bmrotter alrll pay to Lewder as the dg Pedodio Myaseaea are sae under the Note, venal The NOW is paid in iglu a arm (We FUmda ? to provido for papry1mametlt of aawunta due for. (a) ww and 2RAL ^ M awd other intma which can atria priority over die SaCVttty la$Mwr a as alien or eacwtbince or, the Property; (b) kasehold pW== or gre,md roads an the Ptopaty, if say; (c) premiums lb: aoy and aU beaavace roquhed by Latdar under Seddon 5; ad (d) Mortgage bAwAnce premium, if any, or say wall payable by Bo=war w Lender in lieu of the payment of Moatgap lesuroaoc pmmhm in auaddaaee w;tb the provisioaa of Section 10. These items are Cg W "Bsotow tame." At cripiaatiou at at any tia o dwkg the tam oftbe Loaa, L.tade7 may r4mm w61 Co amuluty Amciallou Dues. Fees, dad Amanazaca , if roar, be escrowed by Borrower, and arch 400, Am and aaaeae"'""'° IhO be as Escrow !mm Bo rower" promptly Awalah eo Leader an eatioat of atraoasa to be paid fader eds Seadon. Banouver doll pay Leader the Funds for Escrow forms uakaa La xier ww;vea Borrower's obllptim to pay the FU* foraoy or all Escrow Items. Leader may Waivs Bomwer's eblig4@oa to pay to Leader Funds for any or all Eaorow items a say time. Any such waiver may only be b wddog. to drt amt of soak waiver. BorrowersiaBpaydcaNy,whenaddwhere payable, thoAMWddueforsay Escrow Item forwmeb @aYWM of Ftmds bas been vnivcd by Leodee "if Leader requites, doll furaidr w Lender rectipu widcacmg saoh payment witbio such time paiod as l cedar may rogWre. Boerowa'a oblip Lion to aka pwh pgmeWS and to provide reeolpm ahdl for di purposes be deemed to be a coveowt dad agreement ooacsiaad it %hit Security Instrument, ss the phrase "covenant and ageemeor is used in SoWke 9. If Borrower is obligated to pry Farrow hear directly, pmauat to a waiver, cod Borrower full to ply dw amo mr due fir m Eaaaw Item, Leader may exartive its roll cadet Sacdolt 9 and pay such atwum and Bo wv= gall then be, obApred Yoder Soction 9 to repay to Under day such smgat Loader may revake the waiver as dray or all Escrrow lewtn at may mac by a notice givra in aaaatdwA M& Section 15 rod, upon such tevoo ticA Burrower "pay to Leader all Fords, and m such smatatts, that an dtea required trader this Section 3. Under Fords ar the rims ape' at under . collect and lauld AFSPA, Funds and Cb) ot to ex"W the andatum stWU so wimt aMeador wa nquhra ansount uWar RESPA Latdar foal! aatimtle the amount o<Ftaada doe oa to bads of aarem dad and rea+arabk csriroaxs of expaoditun: of future Escrow nom or adlavvise in anuatdoaae with Applietble Law. The Funds ahsB be odd m as laSOtunioa wbasa aapoa is are bwnvd by s tmlent agrxy, bsatmteatshry, or S+diaY Leader iF Lmdae is as iaadaalos w!>me depasit9 era ao thruied) "o" Federal Liomc Loos Beak. Leads Ihan spply the Funds w pg ffis Etaow nerve m lair too the dma specifiadr R1iSPA. Leadr dhsB not chacgo Hoaoaer for hn4lhtg std applybg the Fwmda aamwuy sbalyabg tb esaavr aacem; 4rvt aiylpt Lto essureast abe Farrow mars uahaec Loadr pays laorrowr" mi? Fand Appliaabk Law permit ,rake agrean dm s a aide in harwqu¢ea tatereat a M pr00 IF W wr, r nhow ton be lid @W give w Basrowsr, w&" tdrargq a annual acewating of the Ftada AS required by REV.& IPthere n a awphn of Funds bold in escrow. as defmcd trader RESPA, Lender aball &mot to Bonowr for rho eras Odds in seoordanci with RESPA V there is a slanago of Ftmda bid is escrow, as defined order RESTA. Laadrr ahaa ratify Burrower as required by AMA, epd Soaewer stall pay to Ladder Ox amramt WAs+vy Uo slake up ON shorug is aaordaae wt1h BUPA, but is ao move than 12 mmddy psymeoas, If thaw [s a &*dmcy of Fads bold k eurow, m defimd under RBSPA, lender ahdl nosy Borrower as r44uited by RESPA, and Borrower Asll pay to Leader a,a amount wewday to males up+dw dofi6mey in sraordrsee with RESPA, but is an mole than 12 =M* payrrata. Upper payment in Ul of 4A dads secured by tots Stawia lnwwanca4 [+edtt shag pmrrVIV redid in Borrower say Funds bald by Leader. 4. Cwwps; Ewes. Borrower sha0 pay all taxes, assesamcaq, charges. Fries, =4 impositions atmbwtable to we Pnpeay whvah an 4eain priority w4t add SeomitY hanument, lea bold paymane of Vowd any ou tb¦ property, if sta. and Cowmmiq Asaovladm Dud. Foes acid Asfessmmti, it any. 74 a o t7 mei gat tboe hatra a e Paawrr items, )?orrower akin pg mesa b die rraaaer pteridad in 5eteioo 3. Btnrower shell pnmvpdy d'acbggr any Lim which bas pr,ority over this Seciairy Inanwrnea anus Hanawet: (i) agtaa is wT'oeS m the psYmam of the obllgarioo eacorW by tot ganv is s masher 1lcuphable m Leader. but Daly so gag se, B4lrownr id pmfmaaug suehagiocmeaK {bj co4uau the live in good fink hY, or ddmdr agafu l4lbeeeateat of the dim I0. kgU prtaxedinga which in l ender's opidiw operate to pUevem We anforoetncat ofthe lien while those proefe6wgt m ending, bar asly cote a0hpewwedinga Ors eottdutind; or (c) dagae3 from tbo hoida of ate lire m aleeeemeat rsusArtory re Imdet subardmariag the Sea to aria Senaity b>56aaaac If trader deteaniaes slut day part of dw Propery u m3>fea W s lice wh{cb ore aaais priority over this Sraurity hUenwaumt, Lawdtr ruaY give Bottowrt a iMdee idemifyiag the Itae. 1Vithiw la days of art duo O4 wbie6 that notia is givaq Botratver 6haA doss me A®r take ono or more of der scrione des thfrlr above k thin Section 4. Lauder ,tidy re, pare Bortewa re, pay a oaen de ctUaea for A. cal to Max vai5gdoe ataror epart erg derv ct used by Londe in eonnecdoe with this Laaa PTAIIYLVAR1M Ul)v t"OY-1'aank Mr7Mdir Mar CNIFORM rNMUMST star!." veal tppdifma ter VA wlCu O/ix 4 402paraa rr?.ww.? Unrnoea 6K I893PG4997 S. Propt'ry Ummee. Demeter shall keep the am provememe now odmag or buou"& etucmd as the prppury inroad aBadax Mae by Am bnu* included within the tom "mantled wva M' and soy other hazards laeiurbmg, but not Is" to, arthtpnloa sod 6ooda, hr which Leader squires bumar3nm Me ioaaruxm shall be maintained in the atmounu (incbtdiag dcbaP* levels) zed fbr the periods that Lender moires. What Lettda . Tagttitta Pmwant to the preceding smtmtros an dmp drinp the card of cite lain The Wramee caste provid4 the immmuoe shall be chosen by Booower subject to Lauder': right to diatpprow Borrower's tboico, which right shall not be atmdted tmoasoubly. Lmder may tetpdte Beracwer to pry, is connection wish this Loan, either. (a) a oaatiom clump for flood was detm dm8ou, catiButim and trwolft savim, or (b) a ammime :dwp for flood zone deamdnaftan zed outi6tadoo aermcm and ribuquent ckmos each tit= mmappinp or ;sicd* obso" oewr w'bid3 twaoaby might effect ¦tcb dommadradeo or ard6adoa Borrower shad she be nrpoaaibM r the payauat of trey fop umpttaad by the Pedaeal MMU*prmt Aptcy in cooneadiob with the tovtew of my fdead was deaemieadonramldag from an obJaction by net r. it8otrower lhite to maltt? say of the aoveeeges desaibad above Leatlertray obtain bsurnmoa Covermgo, st Leader's option and 13oeowea ezpease. Leadali ttmdofao ebligntim to io ?'w auYP utieelu 47k ar amoum of avenge. Therefore, such coverage dud" cover Laid:, but night er val mot protect Borrawor, Benowers oqu( ksoparIN or the Contents otthe Property, going to titl4 hLmd at S** ad bright provide gruftr or n Wversd then was IMMWY to eff&A Boeowee ackmowledps that rho cast of 66 its"We coverage so obtained two slVdcately erm ed the acct of lnsmmae that Borrower endd have obained. Any unuma disbursed by under tmdar One Section S shall become ulMo t dabs of Botrower wooed by drier Security Iastr MOM TWO aeouna shmU bear imwen a the 14M raft from the dace of "oar servant and stair be payable, with auehiaeereA open notice gram Loadarm Boteowermquadagpqumaa All insommem pokcks re**W by Leader and remwels of attcb peLaea"be v*act to Letdce rigdu to .disspprova muh poliaiea, shall imohude a standard mortgage dime, and dM new Leader es etmigagec andlor u m -additional toss payee. Cruder shill have 9a tight to bold dw policies and renewal crMc tw. If t ender rQQWmr, Borsomr shill promptly give n Leader all moeim of paid pmutimn and vmrwal mousse, if 8ormwer obtiiu my 'harm of ism arm bovmaga, Oat otMnvise ngmhad by Leader, for dsmmp to. or destruction of. the pro". suob poffay shat] terraria a ataadetd raongmga elmut sari rba? emcee tedsder et tnmpgea aaYot err m sddideaal loos masc. In the event of lot, Rmvver react( Stare prompt nador to die Irwvaaaaa aria and L ode. Larder say make proof ofIm if mot made pumpty by Bmrewer. Unlom Loader aadsommor vehowdn agno to vrikhtm :try destaams, proceeds, whmhar of sat d*a wdaiylag imimsm was tequa & by Lwdm, dW1 be applied to tea m&n or repair of the property, if the resmntiam or repair is moaomically fvamble and lAadW% gVA* is cot WWUd. Dtaimg such cepa4 and resnntim period, [.canter Wag tavo tta right m ]told writ ittaurrea proeoede vmdl La,der his bed m oppotwmry to respect retch ft eanae the weak bas bate cot?1sttd m Lemdds ta[b(Siadom, ptwvidod tMt xtcb iemtpeedan Wall be ?m ptomtptly. Gender tray dlsbtsrre ptoau6 for tfr rtpain and tair0Aai0tl (m a ilmg'(e paynwot err iq a taeiq ofptogrcea Deyroacrt m t)K trertt it aamlp1e07d. Llalma m agsaemant id tads m wriciag rr Appltnb]t Lsw ngttins Wemat m be paid w web ieYaeaCG ptaoeedn, Leader s4ali oar be eegWred to pay Harawar any kaoner of eafniup ea stri Pmaoek Pool !be pttblk atbttmterq or odtar third pndas, tttained oY Boaotvar slx? rent a paid its oftbe intucanoe proceeds end shall be Iha wiz o611pden of BoetvwtiT. If the reatorstlwt or rept6 is not atxaotmkaly feasgde orLttrtder's eoariry tveuki be iteaaned, rite imuranae proeads iha? he applied m e13e wens BCpnOd by th16 Security Iacnanlee4 whrgtCr a met ttm due at5d3 tlm atcoect. if my, paid m Brnrmwxr. Such insurane4 proeada tdtall he applied ire the order ptmvided fit io Saesiat 2, UBvto set ahendoea the Pwpmy, Lmottr my Me, megntuft sad xWe any avaWbb butuance cwm and related metiers if Bol to - cs does not fame w$hk 30 days to a aatiee iioem Lewder that the ipaaface casdet)tas ?iffemd to taste a claim them Leads may aosoliaro and settle the elalm. The 30- ry period will bcsk when the codce it given, In atlw event, or Pf Lcu&r ugtdmi the Propmty coder Swim 71 of otherwise Borrower bareby amgps n Leader (a) Borrowers rigbta to any irouramce pcooeede in sec ,motor not to eztaed the movers unpaid tender the Note or this t ecmity Intnmeett and (b) say other of Borower's rlglov (other then the eight to say refund of Warned PfcOmIm Paid by Betraw n) order all teataaocr pegcke Wverimg the Psoparty, ka her as such rubs are gtpliab ere The oo mega of the property taador ray we dw insurers ptxeede either to rep* or r stow the Property or to pay amoo m uopoid uwwdm Note or this Se"Iylnmtanest, whether or not than der. 6 Oecupaacy. Somovwr shift ooaupy, z"4k, and we the Property u &mowtes mineipd residence Within 50 dsye aarr the eucudon of ilia Staurirl dnttrum m and sball co dwo to oocapy the Pmpdty u Bmewetrs pdaoipai reddo m for it twat one year doer da date ofocupamy, unless Leader orbmwise ggmer in wddeg, *UA conscot shtall nor be umcumaby witbbald, or uelmt otetequadag eireuousnmas ranter wki& m bcyood Borowe's ommol. I Pnaervatlor, Mamattaaoe and Protection of the Property; lapecticas, eorrower :hall sot dcsuoy, damp or itrpa'v Abe property, allow the Property to 4mdomm or rosoapit waste on the Propary. Wbedw or sat Borrower is "ding in me Aopety, Borrower Shall ma imna the Property in order to prevent the property from detcriotadog or decreasing in valve due to is coadeien. LWm is is deterroived pummot to Section S that repair err rENNaY4V,?NA-$lykpwily-faae4 MuMpecdkMeUWOIM VVISUMENT reM2039 trot ssedmm ter vn aaamu (Pete5 of /2j-zfv Wwo s.v3 errlulmow OKI893PC4998 43000777 roatoratlea is not emwookAlly k"MC Borrower shall promptly ropek as Fig"" if dmmted to void fiatha dmwtW= of damays. if ittsumoa oreand xmdom psoeteds etc pad to ward m wlrb dune ps ro, or tko toldng of, the Propmry, Borrow 64 be tegoasible ft ropatibg or rteoa* tbt PropaW otdy if Lwekr has iota" proceeds for mok pwpom, finder may d6w" proceeds Act ebt "pout and momstiom ia? Awk paymmlt w im, a strics of ptetma paytmau as the wodt b ewmpkwd. If ttte msansict Of a ks mica procaca are not "Alaient .ter repsit of tutors rbe Proptm. Bonowar is not nuoved of ammwer's oblipntim for die ooropkdm of such topait or tosootuion. Leado or hs atant may rob racanable atones neon and impoctiou of the Property. if it has rouoaable "We. Leads may hgteet dro I wdm of *0 bvmvwrenot oo dte property. Lemdet "I ON Born nodes ?t dw Cbae of orpriarto such as iaww iospCedOaspodf t such vmwmble Carty. & Borrower's LAIR AwIloodon. Bo=wtr SW bs is dsthub it dwwt the Loan appUmuon process, tsoaower or any pasoat or etetiaes aFtlmj K the dimcciob tlf 80aawnr m odds Bmrwvet'a latOwlsdp or ooasapt tare ttuaarially ftte, tnitdeattittg, err inaeomste mfomYtiAR a slatcalPd6 ro Lcmda (err tht?ed t0 provide Leader with ersted+t bedoemtaioo) is twnaactfon with dre Lan 1•fale+ial nprsatrrtadoas IaettWq but see tot Ibmimd % 9. I3veestia oagr of ieoderk'alaea7ae Pr tl sda ddsBsaar, [nstwsaenc if (a Borrower tiUt to perfomr the eovaaao6 sad sgtaQnemr anasiaed 1n?thts Segv4y Iatawo wet (b) them is a tees! pront?ttint ? ?g1d gdpifmaadY affect Leader's itde[ut b tlta PropettY andtx nldete vada thin SeauritY fasoament (such x a ptoeeetbnt m probak, for aadsomasioa err ibrlbfltar, fm t sdaCaemmrt of a ilea which maY terabr prioury ever tbls $e imateaeat a to ewfOroe laws a ntutrdons), m (e) Baatevkr lua abtttrdo?ed the Raparl, dreg Larder may do and psy fbr witaavtr ii esawaabk a spprepriate m proasCt tondor'a Wow m On Property aad dthat undo dds Sesa y Imansmok iaeketiag i dot lower ussaiog rhs owe of the propemy, sad senora "&Or repaia 019 the PrK&W. Lenders actiom Can toowde, but are tot ihtmod a: (?) psyint say sins ra0raed by a lien Mhish Hu ptkdtty ova this Seetdty it>acrttmem; (b) appsar]ot to coati sad (C) payist teataaabk atemasyC' free m Proker ib bnaat in the >'mpttti' astVer tlthb uador this Ssturay haacaraer. meladmg in scored potidoa is t ptaCSadlpt• Sanaat the Proparry inntady but v not Umiud lo, oohdin; rho tRgtedy m smite mpMtb thanpe ]aura, apiscs or bond W+docn rod r mdowa rhaia r r Rom pipta s7imiaak fadldlat err other eodr vidNiam a tleatOtnu omdidoru, sad haver Adllees Wined On Os o!£ Ahhootls leader uuy raise esker coder d# guttian 9, Lssdrt dos net hive m do w aedh ta% uedot racy dory or abligrda 1o do so. h is atteed that Lsadar Lacttu eve liatdUry fm sot oklnt say or sU sddem sutbonzadoedat A4 SeetioO 9. Any tm'uan0 thabaaed.by Lsadat teteda' 8eia Setdon 9 stall became additkuul dust of lsarower sectaed by this 5eeurlq Iasmsarmt. 1 has attoansa etutU bear inkrest st die Nsde r?re loom nc? dam of disbtassaoeat and sltaittseP?IfdY?dakSeCrr4Yitxoaamt 1weMld Borrow" " tts?ie? on a ="l y wuhaD Ow provlaims of the la+vt. Baaowm call! ace awrtmdse the leatahold tuft sod l basin eonveyW or tetmimu ar aaacel a* $road lug. tsatmwer sMU 11A tvdhom die tntpcas writmn consent of Lesdu, attar m mteod tbt: grotmd leave, if Botrowar sequ{ees fee Arlo to the Property, rho lowbold and On fa title a1bi1 nor ao rge woks IAndtr OHMS m the mugsisw - A Morttats Itboraaars If Lott tegtdtod ModW Ioatwmm u a Coodiriea of tnsidot the Loan, 8onowm shop pry titt prWimu mgahed to mous?in the Mw%Mt hum= in erfae. If. for a{y teaam the Moffpp Laurence co required by Lender oaseta ro br avmlbk ikom dto tmrttsgr iaetrts t1p t ptevloavty ptovitkd mcb tnaz ww sad S*=wff wa agaited to Web separately desitaatsd P?Ynw$ towd lho putenjurm farMo vo Tattuanos, Boaowar tdtaU pry the prtsdwss t?9 d ro obhio covsbte utltmtadsAy etpdvaltat to the Montage lostasaCe pre KOiWy Sn e![as K a act 1sa0madaUy sgaivaleat a Om oat W Smtowet of rho T detttage ]oatrmos m eEflta, Rom an alestoate moa8ap htauter eaktmed by Leader. V tttkwacsity egulvaltmt outrage ?mvetsQa if ttx avsi]abla, emrower stall Matuatta to psyto Lender the amoaot oftbe sapattWy iletigraLCd psyarmts rivet were dw vthCO she imutante wvtraje Ce?ted m be N eflba lender wUl aCapg ua and rstaiatlteae pgvemttts as s nmrtebm0etbk loo tesesve in lieu of Motttate lmw?.a. State Lac tetetva edtaU 6e tae, natadsble, aotwithpt diet the fact tot the [um is drlmaetY Pa d ht fuU and latdrr a1tsU not bs tsq tired to poy 8arrooer sty aleters m aattdnas an seteh (era teaava Leader teo m kata require Loss mtarn psytoeto if tdonpip Ins 4 mover (m the amouhs sad far rlteperiod ttrat Ltadrr Esquires) ptovidad by na adse+ed by Laodor ow k4 ma avdisbtc 4 obteiasd and Leatda tegedtm aeperemaiy dsaigmted psytatbts ttta std the pmn"ms fr werwr ]source. 7 Lander requited Manp75e itnet ;e ac A. coditi" of m idat the Lou sad Bonowm wet required w =Ae upmakly dui fnsad pWwm rowans for pteatiums tot Moil" Innmaace, gamwar shat] pay tee WOW= rogWvcd to makbim MoMW lscutsaee iu drm. or to pro Ur ? %n4ctw&hje far rasm uetii LemW* roqukomw for Motctap wouw t erode ip seoardmae vrirh sty' wrinn woftoom bcteesa Borrower and Leader pmvidiag far nah termisstia or mm7 remdhaia is requked by Appliubk Lary. Noolnq in ddr Updoe to afft m awwwer's obliptiaa to psyiAtwom u rtes me plemded it rtes Not;. s¢XttsYLVxNr tvttWtrA?ty-iswtDewFwertwr%MwP tant1Ltatratr f4m300111ro1 Warsaw ter vti WCUrrnc rre?re of II Pat") asmtsar,m a/a/rsaf BKI893PG4999 4100023'7 Mmttafe lumaoce mirtbwmes Under (or any entity that purchases the Nato) for esnain losses it may incur if borrower dots sat repaythe Lou as agteod. 6tumwar it not a parry to the MM@ige iasaraoee. h(MVge hem avaluem their tool ddt oe aU atilt karance is force from came to time, sad may e>ua into agreements wkk other psrdes sat sham w modify thaw sisk er .ndmm lenses. These agreements are oa um and conditions that are sahefeaofy to the Oaatptge imrerer and der; Otter party (or pntrs) as *An sgreemnm- These agreomenu may roquite the mortgage hamer to tusks psymmu ::alas try smote of feeds tut the votgge iaturerm y have stwtLble (which rosy icloda fiords obtained OwnMortgags Insurance Premiums). At a taw]: of Ilse sVbWMMZ k Lender, try ptndraar of the NOW 4W6Qr tam, any aelawaar, any tether entity, or MW mfg OM of any of the fongoiag, say motive (directly w indim*)i atWnnts thin derive ftmm (cc might bo e9tarumbed at) a portion of soirnwer's Payments for Mortgage Immasoce, in exciptntle for Arcing or modifying dw trac" iosteer'a riak, of teducing )whoa. V auob agmemcat provides Mat an s11IUom or Lander taken a share of the Inwer's risk in cue bap ten a gar of tba premiums paid to the im m, tw arrenpmw is often homed -captive mumira»es "further; (a) Any nth ageecmdmta will sat a1Wt the amounts t?at Burrower ?am agreed to pay for Mortgage Tamu ass, or soy other scree of ft Loran. Such spespecout will W increase the amount Nomwor will ewe for Mortgage Oauraeea, and they win oat sotto Borrower to say rtdrma, (b) Amy march apumaots will amt affect the rk?ts Nornwer has - if any - with rempaer to the Mortgage Iaenro t ubr the 8omeatroen Protection Aot of I"I or any etbar law. 'these rights may include do right ere reeelve tartdn disesesures, to request and obtain esmaW rion of the Mortgage Insuraaar, to have the Moatpp Iewesa terminated ndationli achy, and/or to recd" a rd"d of guy Mortgage lastn ace pra dame that was manned at the daw stanch aas"No ea or Wasleatson. 11, Aulgaoom ofM]sed lowtut Prtucsedsi Formime, AB Ddlaeesaoaous Pecamb are bcnby assigned w and sUl( be paid to Leader. If tba Prop ty is darm14 such W*41aneous Proceeds shall be applied to restnvtation a mpair of the penperty, if tbt rmtontoa or cepar is somatically >istsible ad Leader's smwNy is not lesoened. During such repair and temtaatotr period Lender shat! have t,a rigen to hold such Mixesaaeow Proeet dm anti Lender het had an apportuoity m iaapeet euth Ihoperq p eann't the vvmlc has tsfea ttttmplesod t0 Lender's aatafatmi0n, provided tans 044th inspoedaa shall a uadetulrea premptY. Leader maY pay far ttM ttpNn and mpmratea in a shot diabutsetrnst m ie • temie6 of pttrpwtt peymeos u tbs work ss aampletad Umleas m agroemsu >a trade in, ttiitittg =C airet fntcsue m be pod oa sorb hswceOsoeas t?tooadx Lender than mot be ree(udtad to pay say interest or aeahwp m such hGwcUaaeow 1'toeeatffi 3f the nesmr2tlae m repair is roc enonomit aUY Atsahe or Isudefs aattrry would be lenened rite Ivfiaxllamom Peosroede .Cali h .ppliedto the acme second by Otis Stxudty launrtatrd. whether or rot there due, with ate tzasr, if a?? paid a Boaower. arts et'1uaUamcou7s Proceeds allU be sppliad in the wW pmvidtd for in Sactoa 2. To the "M of a urw taYpm? destruction, or loo In value oft w hope % the Mlseellaaeous Proccodt W be applied to to twin setaaad by Ors Security Insaummt, wbmha or nor then due. with the eaccat, if any, paid to Borrower In *a avmtt of apudel taking, Gawadon, w loss in value of lbo pea perty inwldde tba fair market "bu of the Pmpcrty immedlaap•befwc the perils] trdmeg, dentumoz, or loss in Yalu:: is eett%pu11 to or pe0or than tlw smowd of the am fecund by this Statity Instrument imatediamly Wm the portal eking, dnaweton, ar bus In value, artless Bmgvvr tad IRodt atbawist spec in write& rho stmt seemed by :bit llwa ty Maaument shalt be reduced by the amount of to edisalincona hoods multiplied by abo following faction; (a) the tout mom of der sow seewed ImnAwely bathes the pattid tape`, dem ucka. err loss is value 41MM by (b) the fair madoet value of us Pmpww ioe mlivadybritne the pietist taking daamedoe, or lost in Wv, Any balsam shall be paid to BOtsowor. In the event of a patW aft destruction, or lost in value of tla Property is which the fair rnadtet value of doe Pteperiy immediately before des partial t aft dtyavctoo, or Ion in value is less tlam to mmae= of the sham semed im u4stu ly before the pedal ukk& daattetea, or loss in vdae. udess Bomowsc and Leader otsorw'ilte agree is wsift the lAwalbewous Proceeds sbal) be applied to tba sum; secured by U Satuity lest un e t whether or trot the auras see thentiue. Ifthe Property is almtde modby Sa¢ocret, or it aAer eat ere by leader m Borrowerthat the Opposing Party (as ddtatd in the neat smaenoe) offers to mttm an awed to settle a claim far tlumga, BonwwnrAtlls to r"pood to Lender witch 30 dsys after de due to notice Is given, Lwder is aammi;cad to collect od only to lsfaeCUsecom Proctods Cidwr m:%matiton ertopaft Ofthe Ptopmtyorin the atoms secured by thin Security ]nsmdneas, whether or not an due. Vppwitg PAW, mans tba third potty that waves Bmrewa Miscellaneous Proceeds m the pony agaiost wbamBoerower Eats a dgla of action is regard mo Midcetdatous ]roads. 7. Dor owes" be is Wait if try ambo at pratca ttg whatier civil of trimin], is begtm that, in Ltodees ladgacOt, tome MWt in ietfeimrs of Ow Pmpaty or tabor material imp:mmat of Leader's isteren is the Ptt WM or lighn uadtt obis SOowfty lnetrwtou boerewst can cure mob a defsuh sad, if emetwati n hu ot:emead, reinstate a f'gNNSYLYANIA-Singe Ferwy-ramie aW?nd& MN UNIFORM a FMI',W NT 17. 3410ve1 Msdtnm far Ya. tecarlhr (Putt Y r01 pµ0/ w.vav.?rr unrhow SK { 893FGS000 42000227 provided in Section 19. by naming the nation or pmcceding to be diataisscd witb a rolkil they in Undoes )udgntaac precludes bdchure of the pmperry or other material btpahotetn of Landa's tatctsat is the Propetry or n0 ft under this Security 1nst towdL lbc proceeds of ay award OF claim for damega that am atrtibeaeble to the Impairment of I-&es tourect in the Property as bovity assiprd and ,born be paid to Leader. Ace Niscalaw" lerooeem that are not applied to raauration xtcpai.t o4tbc ibali be appTiod is tea order providrd for is ttectioa t• 12. Borrower Net Rdamed;i1striesavesetv By Leader Not a Walser, Exiatioo Of the time for payarmt or toodiieacioa of maotdtaAam ofths sums mead by this Security Inerewot jitaurod by lender to Borrower of say Successor in loverea of Borrower shah tat ttperate to release ten liability of Borrower or any Successors in iateraet of Borrower. Leader shall not be reafairQQ to oooeaaee proaediogtt ttpioo ary Sure nor in interest of Borrower or to refuse to Lasted time for payment or otherwise modify aeorr):atlo t of the stmt eemod by this ItOlliry Itearuocat by reason of SOY domstd mods ley the 06OW Borrower of any gheQeiaana to WNW of Boarvwa. Any forboar®ce by Leader in axorciaiq sty risk or sm94 toeluamg. wrthax limitatica, Leadds as eptaaee of pmymeab Aom third pandas entities or Su00enaera in iaecrest ofHoxrawer or In amounts toss rhea the ao»mm eheh due. ahaS1 natbe a avaiver od or praitde the ceareier of any Fight of remedy. 13. John and Several LiabI&ty, Co4pcM gtsceteann ad Antilles Bonn& Borrowa covenants sad agraol that Baaowees obtigrtioas tad b"ry shall be-*a and aevcrA However, shy Boerowar wbe txHlgns this security Iutrumetd but doea nos etmust the Note (s "co-eigoet j: (a) is o"*mins thin Satwhy bamomeat a* to mortgage, gut red Canvey the ardgnot's interest in the property rmdor tiro meant d" Security imaumetr (b) is tot poeuaaay, obligated to pay the a m% accu el by this serity InsaumNtq ash (e) was that Lender std any other Bommar can egao 0 attend, modify forbear at min say actohtllodations with regad to the teas of tMa Sacm* lndm=Ut or the Noon WAWA the oo.sipoes rumant. Subject to dw peovhiano of Section is. any Successor is interest of Borrower who assumes Boaoam'u ablutions weds this Seetuitr immamoot is writinr, and is approved by Landa4 stall obtain ell of Botmwe s Ngha red bersa&s under this Sectairy Instrument Burrower seas nor be rnleaud from Hormwm e, obblio nee andHablity uadverWe Sacudty Increment Iwo" trade agars to ouch wleesa in writing, lbc covaaamr ad sgreew"M of this Swurity Instrument shad bind (except ore provided is Maine. 20)end banedt the soeaesson and stsiens of leader. 11. Lean Charges, Leader may charge Borrower fees for servbea terf6med in eoenectioa wttb Borrower's dafwlt, for the purpose of p vtoodog Lade 's Wessm in the property, aad rights under this Ucemity Instrianoms mcluditj, but not Nadted to, womeys' foes, popstty inspoctima and valaaloa fens It mgani to any other face, the absenee of expross ambocty in this Saasity htnhaunat to charge a spe do fa to Borrower owl not be wnsawd as a probtbhtiat on the; elw&s of arch fee Linder may rot awp foss that ate eVeaady psobibited by this Setw* lbstmmimt or by Apphiabie Law. If tea Loan is aabject to a law which am ovetimum tom cherysS, and situ law is finally imarpremd so Fiat ?e mt rest or whew loan chagp acllected or b be collizCted m mnaocdaa veldt slat lam esoaed the permind limits, tittea: (a) may such loan Warv shall be eedmod by wan amount oacataryro led= 6t chop to One pamlnad limit; and (b) any sums goody collected kor Hommor which exceeded Pumiaed limits will be refimdad to Borrower. Loder may dooso to arks this refund by reducing the principal owed under the Now or by maw" a direct paymtd to Borrower. If a rdWnd radueo psiodpel, the rodautioa will be teetad as s partial prepayment uitlatn my leMarymmet dwp (whorl w or dA a psepayteeot charge is provided for under the Noon). Borrower's acceptance of say such refasd me& by dkw pgmeat to Borrows will oonstltute a walrer of any right of action Barran might have wising outef tech ovooehatae, 15. Notices, All todod @iren by Bwrowcr or Lender in eonmatea with tit Security lasumscat asst be w w Wog. Any notice to Borrower in eaunacdoa with tlds Sanctity instances: aWll be lord to have beers given to Bacroww when tailed by first dam mail or who uctwtly delivered to Belsoaeses notice sddrean if sew by area meas. Notice to nary one Borrower shall setstiane notice to an Bortwort tsleH Applicable Law tapaamy roguitns omawise. 'Tee arotiee addmnt 16aA 1>e the property Addramr talent Sortower fors dongusrd a .mbadMet rsotiee addnas by aetia ro Luke fl0aower abaB promptly euotity Leodar Of Borroave'c rkaoga a4 address. If Lando ipaei5es a ptoeethae far teportinj Sotrowds tLaage et tddlMs, tbta Harrower shag only repots a ehmoga of addtent through that apotified pmaAue 'lbae may be only ore designated notion address ruder refs Searito Intatmtseat at any ate time. Argr nena to Gods, mail ban given by deliva(ing isaby ?tling a by Ant olus mail to La:ndcr't addtent stead herein tmiced Lehda lw dargnmd axo?sr addtaa by ?? to Hocowror, Any wotim in eoaaeetion wait thda Semaiy ltetsmaat (hull rot be deemed to haw beers given m Leads? untll aoawBy received by 1 endow, rf sty aetia inquired ity $if Searity lmemtement s alto rages sad ender Appianbk Law, Etc Applilicable Law requieanser wdA aetaty rte eeaetpomdiag ogakemem umdu Chia Security tnsawras. 16. Gr+erriog Law{ SrvetaMlyl ktiu of Cmtatvedoa lLis seeudq Ituors more ahmil be govnaed by federal Lw and the law of tea jmi>dietim to tvhkh the Ptoptrry, is located All tWo ad obligation; canntlnad in this security lasermasat ma au4jea to say sages s sad limitmiom of Appho" Law. Applicable Law at ghat expliddy or implicitly allow the parciso to agree by epOQac or is m4ft bo IBM but meh aflenee shall nos be KNnnvA.YLw4toakfamily-r¦vakstawromAxUUN6'0 miN8'tPUM a Fs NSWIM sdo"Gd ter VA OCCVY" (rear a y0rlraer) eacmraa.rra COMMON 8K 1893PGS001 42000317 renamed as a podbibbian against speement by contract. tR dud event that my pronsmn or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not afl'ea other provisions of thin Saniy hustr urneut or the Note which can be Siva offset without den cmnflaing provision As used in this Scomity 60trA oem; (a) words of the masetd id reader stall mean and include corresponding agora words or woods of the famieiat ceder (b) words in tht singtdar ftU man and include the plural and vice varat; and (t) the ward "may' gives Iola diScrodoo without any obb9stimto take say adios 17. Borrower's Copy. Borrower :ball be given one copy of the None and of thle Security huammtent 18. Tnwkr of the Propo ty or a Buwftd Tatar.t to Borrower. As used in d,ia Section IS, "Iwteteat iv the Property" mew any legal or bensfledd interest In *a Property, imble4 g, bud net Bmita to, throe booddal itrtereos tranakcr ed m a bond for dosed, conUsct 8or dad, i.aWbaem sake noncan or eterow, agmemcat, the Iraart of which Is the under of title by borrower at a fdaae Men to s purvilasor. If an or anypert ofthe Property or soy Imemst It the PrW.M is sold or trwfknad (or ifbostowa fa not a natural pamm and a beoeticial Interest in Borruwa Is wed or underrod) wilbotn LMdlr's pew ww(r ut coosem; limier my asquha bumedlets paymoat is M of all amt secured by ibis Sedrity lmowmlent However, this option ;'"U tot be eemcised byLeMsrif nob entrain k prohibited by Applicsb(e Law. If Lends ozaoises dds option, Lender shall give Borrower eutia of acceleration, IU nod" shall provido a period of rat less than 30 days Isom W Mkt doe notice is given in aecordasee with Soatien 15 within which Borrower tome pay all taro secured this Saourity leamrneae if Betrower fails to pay than memo prior to the .aspiration of ids period, Linda may invoke any lea pew by this qy intmamem widsout firtYer mtice or demand on Borrower, 19. Borrower's Rfgbt to S P.Mk After Aeaakrstioo. If Borrower meta certain condiriam, Borrower ,shall have Ott njU to have ea6oroftwot of this Security Instrument discordimied at any time pronto the, esrgat of (a) five days beforo ask of do Property ptareatto any poem of sole counbled in this Soestity, imnumest; (b) each oiber period u ApploabL Law ®ght specify for the tormmation of Berrowe's right to rebmsarr or (e) easy of a judgarcat enforcing this Security Intro se 11ima canditioos are that Borrower. (a) pays Leader all awns *Wch then would be duo under this Security Isstrumem ad the Now w if no acceleration tad occizodi (b) puma soy default of any other covaoaaat or agreements; (e) pays all eapeows incurred in os famlas this Sseauity Insnunnent. todudm. but not limbed to. ressomble nonloys' fcea, property impeodea and valuation fees, and other f:es Incurred for the Purpose of protoodeg hods Wooten in the Property sodrigiaa under this Security Imnvmat; and (d) takes such action as Leader may ma molly sequin: m .auto the ladder's purest m the PMperry and rights under this Security Imkaanco4 and Barmwm's obligidcm to pay the uses secured by this Sacurny lastamont, da0 e aftie uochujed. Landau may mgeam that Botralwor pay so* mUntimmaat rams and eufrases in ono or mote of eke following foetus, is Warred by Leader. (a) also; (b) annoy order; (c) certified cheek, book ehsk, kasute r s check or asbler's cheek, provided any and check is drawls upon as, mstivttim whose deporhs err mewed by a fbdnal aSmty, enanwmenellity or matt'; or (d) Alemannic FWM Tneura. Upon reinstatement by Sonow", this 6eetvity lorttwrom and obligations named hereby shad ere sWa silty effective a it no socdaradm bad eecearad However, this right to reiname shall out etpptyin the asocf aaddranion valor Soedoe 11. M Aak Of Nowt yoga d Lean Service; Notice, of Grievassu. The Note or a perod ettezvA in the Note (tosedaw with 91111 SwWky Instrument) ma be told out or some times withot prior notion to Bo rwwar. A ak adght malt in a abates in to emlty owes: u tsa "Loan 9ervicdry that colleen periodic Payments due under tho Now and this 9staity Ins d and parfotms other muttgage loan savicin8 obli®uons under the Note, Otis Saarity Itstrwnsat, and Appllcoble taw. Tbem oleo %WSM be one or moan ahwga of the Lose Servieer uomhated tb a solo of be Noe. If theta is a change of the Loan Servitor, Boaowa will be Siva written satito of the dango vddch will two the most gad address of9a now Low SeMeer, the adtbeaa to which lays should be meek and any other fafiumada RBSPA rtrqubea in connection with a notice of tranek r of sarviems. It the Now is sold and thereafter the Loan is serviced by a Loan Servitor odors than the putchaa of den Note, elan morlgsgn Into servicing obligations to Borrower will mmain wkb As Loan Sevitoa or be tranddared to a successor Loa Servitor and are rot arsmoed by the Note pandas adea otherwise provided by the Now putdaser. Neither Rormwcr nor Leader say ecrmtence, join, or be jo(ooll all soy jiAciat action (as aicber an individtod litigant or to mourber of a dWl dot arias i'tom ate *am party's actions pu roamed to Otis Sown y Iastrumed or that alt that too other party has breaehad any provision at or my duty owed by mum ale this Security bast uoult until sock Boroww at Leader Wen nodfiad *a omen paty (witb such notice given In compliaw with den requirements of Section 11) of such aRaged broads sad sflorded Ole other party hereto t M mabte period after tiro glviog of Ind. notice to We atradve action. If Appdica Ao Law provides a *M period si'biah rtant elapse before attain $poon can be taken, that time period will be desisted to be raoateablo for pmpoacs o#tbit paragrapb.71M nodco of soatdratlon and opportunity to else given to Bunoaer peuruant to Section 22 ud toe nodac of aaelereuoa givdh W Sowower putauaar to Station 19 shell be demmad to satisfy the notice and Opportunity marks corrective wren provisions afthis Section 20. PL+T/rrr.YeJn,:..amab 1e, 4-7aaW Nwaloral, our WOORM L-N-URV IIMr PWPM$1001 Mediae for VA tipCCrrsa. 6$11"13413 (Polio r rNrr read mmrru. BK l 893PG5002 42000277 21. Hazardous Substances. As used in skit Section 21: (a) "lazardous Subxrsooce" at those substances defined u toxic or hazardous suhamucc% pobank, et woo by Eta trocatat Law ad *6 fallowing strbaancea psohm. Uroacau, odor fwuu* or toxic petroleum pmduds, uxle pesticide and babkidek wladk soivmts, metwialt eontaim" osbeama or Maddshyde, sad megoaadve mtderi* (b) "8avlrVW WWat 1400 mcam Laden? laws and law of the jurisd'iddon wkere 60 Praputy is IOMW to MUM to bealb. Why m errvitormamsl prowdoa. (C) "Emvosmeahf CICLV* includes any uepooss tacos, remWW aetim or removal action, W defined in buvisomnnnl Law, and (d) an "BnvismovenW Condmon* moans a cmditon that can crust. cmmlburc to, or otherwise trigger soEavimmomul Cleanup. Borrower shin sot causO or pm k the presence, use, dkpossL hangs, or mousse of any Harardaux SuW%vAe, cetbreden to reissue trey liiavardous Sabstsum odor in the Psopciv. 6o"= shall oat do, nor allow anyone else to des, "ddug a8aedng tbo PrtRnrty (a) that is is violation of ay Enviratmaeaml Law. (b) whieb emotes an Uvaotaaand! Condition, or (c) whisk do to the praaanee, use. or svkw of a Hazardous Subanurco, traces t condition ,bat adva idy afibcts the value of the Propmy- The preceding two ooarmas shad not apply to the preaenae, Oug, or amp an the Property of smell gasatltes of Ham rdam Subamaas that em generally reoagetzcd to be appropt5ose m mrmal residential use and n ra rateaance of the Peopetty (including; but sot lurtited t0, bAZUdDM tab3la BM in COW nmef pmdUSM)• $onowar shall promptly gave 1.00 WAVAn nonce: of (a) any MV01MIg16096 Claim, demand, lawsait of other satins by say govammmud or tegalasory agency or ptiv to Way iavoWing the Property ad any Hazardous Substme or Ebvironmmnl Law of whieh Borrower ka scbd bowkdge, (b) any FsvboomostJ Condition, including but not limited to, say Lpilliteg, lukb& disalettc, release to mrat of mlosse of any Hawdous Substance, and (e) any oondition oaWed by the presmcq an or release of a Haatdow Subomace whkb adversely affects the value of the Property. If Burrower lemur or U notified by any gavestdnemai or ragolatary authority, or any Private party, that any removal or othes mmediatioa of any Hezatdoa Sr#mace a1fx7img List Property is necessary, Borrower shall p"dy W¢ all accessory retu did actions in accordance whhEsvimameaml Law. Nothtrtg herein stall cnam ray obligutan on Lands for" Fitimssfo NA Closm*. NONAMORM COVBNANIV. Bomwor and [.scalar fitrther w vow sad agree as follows: 22. Aeaderstlost Aemedlu. Lender sbal) give sotka as Borrower prior to oeeeMranan fotlowlog Bortowerh breack of any avousat ar aCreemaW b tbh Security instrument (bat sot prior to seederadoe under Swdux 18 *Wan Applicable Law provides otlsv wiaey Lauder shall sadly Borrower ot, among cdbvr tMagst (a) the ddadp (b) the so" required to cure the dobulr (c) when the def vok must be eared, sad (d) that failure to cam the defews a speed may result W acoekndoo of the am MUM4 by this 9orarity lastrumaey foreclosure by JudkW proceWng and ask of the Properly. Leader aWi funbw inform Borrower of the right to Mostam saber as dervino and the rigist to suers he the feraaloatrs p oceedisg the eamealetance of a Aebok or any other "rove of Borrower to auatcrotles sod fesedurmes U the Adult is rot surd u speat0ed, Leader sties spans may regaha homodiw peyareM la fulldab cams aaaaro' by grit Smw*y instrument without former dusaad and my ferecieee.this Satuft levervmeat by Judicial proeeadlog. Leader slut be eadded to collect w exosesae hand In panolog me nandtapmsidd in tW Sectias 22, ladadlag, but not Waited w aaornew- fa and o"k of dale oWeave oatasuareat poraWad by Applicable Law. 23. Release, Upon paytsem of all arm secured by We Stauriry lsssmtmw% this Security htstrmpesi and ettate eeoveyed abed Lemtlaw and beo0ma void After such ocem ence, Lender sW Allow a and sandy this Sem:rity lowumm BOawwer droll pay say recordation nom undue may ehuge BaTowee a he for "laving ads security lnstruneat, but only if the he is paid to a 0*4 parry for strview readerd cud ba darft of the fee is permhad under Appliabb Law. 24. Waivers. Bofrowot, 10 the exI psaniaed by Applicable Law, waives and relaxes any ow or deface in promed np to estoru this Security lasnumom, and busby wum the beaefit of soy preaam or ilxme 11as providing for MY of aaudou, camadoa of ti m, eatetnptae born umdmwA kvy sad afe, and bmsexta l 25. Rdsxtattmmt Per" Bmrowtes time to remsesce pwiww bt section, 19 shall extend to one how prior to the coavasrsement of bidding at a shatiffa We to otber sale pursnootn this security lasau cued. M Purchase Massey Mortgage. If auy ofthe debt seemed by this Seatsky bsetrmem is lest to Borrower ,a aequirc use to the Ptopeay, Ws Security insnummsball be a p xchue money mortgage. 27.1assrest Russ After Jwigmaae laamewer.pest do am interest me payable Likes aiudgmess in, votee d on tba Nee or to as arden of mortgage finealomre sang be bC ram payable ftomdo" to time aud4 the Note. , P xr:tvtofVLVA.vU-SinzaxLairy..Fanab MWMOOk a[tc I11/6'OR.N R,71'gUattOtt 9"3630 1"01 MOW faVA aOeMMa (?era 70 oJ7rpae4 rsoor.vn unLn..r OKI893PG5003 49000::7 BY SmNm BSLCSW, Boafty uupa ad agm a m ft telmt and ow nanL o ammd in %is secu ft lamu meat W in my Ridwc mead Bcn+v2r and ramded with it. - SORROMR - >< S. WJ= - DkTR - "'CVNav vANL Bleak FwA4-Faaak mawrmadk alas I1tnaw innunaNT Pommolml m6d" M VA oaaNTM? MW 1I.1ji auf w4w.u.-n onus... HK 1893PG5004 410002!7 R On this the a day of `8cczytil?;q/t ao?{ . before me, 4 K.) off. ub 1 Cr . tlto uadastped oi&c P Keau4u A-'C. Gree,\% bNM m me (or wattactorifty Proverb m he 6A person(s) WbW Some V) sumedbod to the within birmamot and aelmowM1edpd mat l i . e%eeated the acme for the pmposm tomin comet W. th wimess wbdtoof, l hetemtoo sseet t SW b""offlo 1 ual. CO HOM NO AL KATHLEEN 10t1'bemtsryryPu k Tide of Of ca ?- r Nw Cmnhsnahd Bmo. Gtsttbdebnd 6a Commission trdslNe.S 2006 * Commissioe Egitm CERTIFICATE; OF RESD)FNCE: 1 do hereby mtifyilatthe mrrect adarom oftbe wtWtFawod larder is 9761 MITLAID CUM Mr. Sts. mo. jwm m, n s2753.7294 Wimeaampbatd46 933W daYSf DacRtmen. 9006 Apes DMeW rf W4 6v,Nil -Wt FuWy-swaie ltatl "d& Ku MORN ISMO tF.1r7 ftrw i i mal +oedows ter Vn m ac!m lerrvaaaa ..?a(t la yl:/Vol OKI893PS5005 !4 F' MZNG Tfaf MM ISMS UK= Clinton Archer and Evelyn Archer, husband and wife, by their Deed dated April 30, 2002, recorded it the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, on May 03, 2002, in Record Book 261, Page 2854, granted and conveyed unto Kenneth E. Green, single, Grantee ;herein. I Certify this to be recorded in Cumberland County PA Recorder of ]deeds O{ I893PGS006 V.A. GUARANTEED LOAN AND ASSUMPTION POLICY RIDER NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS_ AFFAIRS OR ITS AUTHORIZED AGENT. = s° ieeasiieoafoeoxf+a Ciao of 11.10-4-oSe4e22 nM V.A. GUARANTEED tj00 AND ASSUWnON POLICY R1DSe it made this 2230 day of 1019CAm3R, 2004 , sad is locotponeed imo and shall be deetmed to coxed and supplematt to b(mlipmge, Deed of Trost or Dead to Seeme Debt (tareca "Sauuity bad") dstod of even Asa bhvwldr, givem by the nud:7i8ned (baeis Sorrowee) to moure Dormwe6Woa to T3A17636m FISUMI" li nvIC33. Inc. 205 1 Z 3?1'R ! gsiliti'. r1eiNC+411 D7RO•174G1a'?ommdtoeaceda v.A. GUAROTM LOAM COVENANT: Is o4 tiomtA o?Wee omosms sod itucements made is the Security tnstn=m; Actroaeraad Larder Av6srcoveaaoramd sptm as follows; If the t idebmdmas second benby be golnmmed or inooted under Tice 18, United Sates Code, such Title and RAInIslifts imead dtotensdor sad is o5tat oa the dam immof sbaU govam the sights, tidies tmd liabilities of Bcmv a and Leader. Any provisions of t e Seourky bosCmeant or other inttttm m *XWA d t6 ctmroccsint with add iadebtedmas which am lomaaisreta with said Title or RspWoos, WW &16 but ate 8lnitad %, to ptovW= for paytoaas *tow sm0 is co¢tmetioa wilt pepsymost oftbe w mad btdeb6tdmse std *a provision that the Lander easy eeedemor paymeac of the accured ladcbtrdoess parsuutt to Covemost 19 of %be smutiry Umer men, are hereby amoaded or ocgaod to tba aatear accessory to onfle m sob imat>mena to raid Tice or Reguladom. LATE CHARGE; At LendBY option, Bomwor will pay o 'hoe chitge" not tusedfng fourper cemmn (a%) of the overdue paymeot whin psid man than fiheo (1S) days diet the due don theroofto cover oho axon ofpewc tDwivod in hsodling delhquot psymm% but t xb 'bte chase" shall cot be payable our of the pwcmda of my sale merle to unary the indobtodneoa teemed henby, taetess such proceeds ere sutficieat to dischcgc the entice indebtednexs and alt proper com sad expeoset secured hctoby. VA?,, aMy?AA24NI -LD LOAN A" AS3WVTaf)tt MACY AMER 'tlCe.Ydrll.tR nryahlM PIQe t art SKJ893PG5007 GUARANTY: Slauld de it 43400221 Deparmsear of Veterans A$0its fail or tefese to imps isaot its gnaaory m full amount wtdtin 60 days Elam the data that this lain would musally Wwme eNVUe floe suck ttamtnty eonamtted upon by the Depasinsm of Veteran A? hiss under Om pmviaioas of Tide 38 of the U.S. Code Wetusss Haaef o the Mor"m may, dealut the ittdahrodaees booby mmad u orta duo atx! payable and vary foreclose idaoediaaly or any cssmiss any other 6SW bw%ttode or ttke any odta proper action as by law provided. TRANSVXX OF TBE PROPERTY: This Iota may be declared immediately due and payable upon transfer of the property saearictp s» ah Ions m any usacfstes, unless the acceptability of the assumption of the loan is established pewmt to Section 3714 of Chapter 37, Title 38, Unted Stave Code. An tttdaslred transfer ('asautWtitn•) of the property obeli also be aubjoa to additional oovonatos and agaeemaett as act forth below-, (t) A 1StIdsP9TOI I FUNDIIQO FEE; A fie altel m ens-half clone patcedt (0.30%) of tits balsnce of dill loan at of the date of sremfer of the property "be pay" N the time of nodar to the loan holder or its. aadwrlpW heat, is wugu for the DepummtK of Vesnsas Aftm if the asaumer fails to pay this fee at the time of transfer, the he WWI ocastixot as additional debt to that shady seotand by tills basnsam? shall but imereat at dte rue harew pmvi" sad at de option of the payee of the indehednass hereby sacred or any aanderee thannF shall be -Mdiafoly duo and payable, This The is aotunnticatly waivcd if the asuacer is oxesrtpt under the provisions of 38 U.S.C..3729 (e). (b) ASSIIWrWN PROCESSWO CHARGE Upon applk== for approval m AVOW a asstion and umfer of ibis loan. s processing fee may ba charted by the loss hailer or its authorial tgest for deotmoialng the ersditwmtprisra of the aaQM sad lWoquaady twining the boldWs otvneuhfp wards wbon as appeared nnasfor is oongdamd. The kmotmt of Ibis cheap shall not aacnod to maxinam a abliahtd by the Deporbnoat of Vctr mas Affairs for a loan to whisk Section 3714 of Chapter 37, Title 38, United Stan Code sppli" (c) AS&tAslplIQj?,,gyp)3iW?11iY ISa9t?tTM?,_ U des obb pnos is auumed, than Ilea %uumer hereby agrees to assume W of die ob5t+doss of 0o veiyan tinder rho terms of the iest Utooua creating and seetuiog the lava Too assumor father agrees to lsdmmlfy the Deparorent of Von= Aftaiea to the extent of any olaim payment edsial fmn the r anty or issranoc of the lodabtedoow crated by ibis i amostaos. NA t3UAAAXMW LOAFA:YO A19uaOM14 POUCYlUO6n WWWM rvl+nea rays i dJ BK1893PGSO08 42000221 7N W11NaGF ?htt oxmumd tbk V.A. Gawancaed Loan and Awxmpdml Policy Ridm. • na tnrllft - 7[lflbiTlZ E. elm - DATE - =&j Wj,124o, 4,30!3 OK l893PG5009 r 0 i11119JL111111 NOTE NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS ORalsr LQIkH N??' 20.0.17004200092rs AUTHORIZED AGENT. Calla NOM, 10-10-6-0 584822 DECEMBER 23. 2004 NSW COKEISRLMM PENNSWMANIA [Date] [City) [State] 209 1/2 SOUTH SECOND STREET, WORMEYSBDRO, PA 17043 [Property Address] 1. BORROWER'S PROMISE TO PAY In return fora loan that I have received, I promise to pay U.S. S 66,51 zo r (this amount is called "Principal'j, plus interest, to the order of the Lender. The Lender is TRANSLAND FININCIAL SERVICES, INC. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 5.3 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payment I will pay principal and interest by making a payment every month. I will make my monthly payment on-the 1ST day of each month beginning on PEBRQRRY 2005 / . I will make these payment every month until 1 have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled Sue date and will be applied to interest before Principal. If, on TANUARY 1, 2035 , I still owe amounts under this Note, I willp y those amounts in full on that date, which is called the "Maturity Date." I will makemymonlhly payments at 270114AITLANO CRNTER,PRWY, STE. 300, XAITLIIND, PL 32751-7294 MULTISTATE FIXED RATENOTE-S,,?l Family-Fannie M.cFre4dleafae UNIFORM INSTRUMENT Farm3100 Vat °wn ov,enene (Page l of 4pases) Modified for VA ] - ]f6ft ?I, l )i _ -- or at a different place if required by the Note Holder. 41000227 (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. S 374.,7'4 4. BORROWER'S RIGHT TO PREPAY (/ I have the right to make payments of Principal at any time before they ere due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I em doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note, may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum lose charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary at reduce the charge to the permitted limit, and (b) any soma already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. Ifa refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any ntldy payment by the end of 35 calendar days after the date it is due, I will pay a late charge m th ote Holder. The amount of the charge will be 4.000 Y of my overdue payment. I will pay this I e charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in ddault, the Note Holder may send me, a written notice telling me that if I do not pay the overdue 'amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required not: to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent net prohibited by applicable law. Thou expenses include, for example, reasonable attomeys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that roust be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, 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 Now, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. MULTISTATE FIXED RATE NOTE-Singlc Family-Fannie atae/Freddie aLc UNIFORM INSTRUMENT Form 32M V01 wav f.vo, ernaneao (page 2 of 4 pag.) Modified for VA °OC 42000227 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presernlnent" tll"Ils the right to require the Note Holder to demand payment of atrounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persom that amounts due have not been paid. 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in sonar jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage. Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might mutt if 1 do no keep the promises which 1 make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any pan of the Property or any Interest in the Property is gold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrow" is sold or bansferred) without Lender's prior written consent, Lender may require immediate payment in full of all sumac secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower most pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender my invoke any remedies permitted by this Security Instrunent without further notice or demand on Borrower. MULTISTATE FIXED RATE HOTE-SIa21e Family-Fuale Mae'Freddk Mee UNIFORM INSTRUMENT Form 32001roi auvwes (page l of 4 pager) Modified for VA a.vn ovunow 6 ? )q;?,j?70 420002]0 WITNESS THE HANDS S) OF THE UNDMIIGNED BORROWER - EBNHBTR E. O REN - DATH - PAY TO THE ORDER OF: WANNGfON MUTUAL BANK. FA WITHOUT RECOURSE / TRANS NC LSE /ICES, INC. / BY: G INGkUQ 7. FER IN SENION VICE PR 'IDENT (Sign Original Only) MULTISTATE FIXED RATE NOTE-Single FUVdy-F...WM.Nllddi. M.v UNIFORM INSTRUMENT Farm 31001N1 CCCVVPV, (page 4 of 4 pages) Modifiad for VA ppyvnp,.y} oa/if/lool Washington Mutual Mailstop JAXB2004 P.O. Box 44090 Jacksonville, FL 32231-4090 December 15, 2005 #BWNCLNN# #0906459106987392# KENNETH GREEN 209 112 S SECOND ST WORMLEYSBORG PA 17043 000662 /PA 0645106873 WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT # 0645106873 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This an pi ici al ti that the your home i s in defau lt. and h lender intends to foreclose ¢p= if f t n bQU11he nature The H of t OM he d EOW efault ' NER' p ' MOR d d in TGAG the attach E ASSIST ed pages. ANCE PROG RAM (HH EMAP ) may he able to he lp to save your holua. This N To see otic if H e p EM la' s h " can ow th U112 y e progra ou mu m works st MEET WITH A CO NSUMER tRE1 21T COUNSELING AGENCY WITHIN 30 DA YS OF T HE DA TE O F THIS NOTICE lake this Notice ' thy hen yQu meet wit hlhe Co liinq Agen cy. T 'd a an d phon e - be of Con 5iurltr Credi t Counsel ing Ag encies serving ,your County a_ tited at th e end of this Notice. I you h ave n t nig 'o a.you m ca ll the Pe nsyl an' Ho using Fi m A gency toll free at 1 -800-342-2997 (Person 'mimed s with be-m g ca n cal l (717) 7R[)-18 69)- This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIELE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMSR SU HiPOTECA. PA ACT 91 HOMEOWNER'S NAME(S): Kenneth Green PROPERTY ADDRESS: 209 1/2 S. Second St. Wormleysburg PA 17043 LOAN ACCT. NUMBER: 0645106873 ORIGINAL LENDER: Flo CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-lo-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (301 DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MGRTG A "° A °"QT NC YO MUST BRING YOUR MGRT A UP TO DATE THE PART OF THIS NOTICE CA . - D "HOW TO CS7?UR MORTGAGH DEFAI7 T" XPI. iNS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The addresses, and telephone numbers of designated consumer credit counseling. agencies for the county in which the property' located a t f th at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000663/coe25 HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it uo to date)- The MORTGAGE debt held by the above lender on your property located at 209 I2 S. Second St. Wormleysburg PA 17043 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 10!012005 $476.08 11/012005 $476.08 121012005 $494.90 Other charges (explain/immize): Uncollected Late Charges $44.97 Uncollected Fees: $8.90 Less Credits $0.00 TOTAL AMOUNT PAST DUE: $1500.93 B. YOU HAVE FAILED TO TAKE. THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE D FA T - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1500.93, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Payments must be made either by cash cashier's check- certified check, moo y rde d payable and sent In, Washington Mutual Bank Cash Processing P.O. Box 3200 Milwaukee, WI 53224 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULJ - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the tender intends t exercisets rights to accelerate the mortgage debt This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged oronerly. *IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. H the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY tam DAY period yo ill n t he 7esatived t pa attorney's fees. OTHELENDER REM nl c - The lender may also sue you personally for the upaid principal balance and all other sums due under the mortgage. PA ACT 91 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFFS SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, yo may till have the rjght to a the default and nr t the le mime to to one hour b fn the Sheriff's al Y may do by pgydng the t t_ al a mi.t t?_ t d DS 1 Y late o th.4r charges then n due. ?---? .-, reasonable o att v' fees and costs t d with the foreclolirc 1 and any other 1s ciInn t d with the Sh 'ff al specified 'lin b the lender and by performing an other rea + t under th mortgage -, Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBI F SHERIFF'S SAT DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER, Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926.8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.wamuhomeloans.com EFFECTS OF SHERIFF'S SAL F: - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You _ may or ]L may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACC 91 Washington Mutual 0645106873 Mailstop JAXB2004 P.O. Box 44090 Jacksonville, FL 32231-4090 7100 4047 5100 2142 0550 December 15, 2005 KENNETH GREEN 209 1/2 S SECOND ST WORMLEYSBURG PA 17043 000663 /PA WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED NOTICE OF COLLECTION ACTIVITY RE: ACCOUNT# 0645106873 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an Official notice that the ortgagcyyour ho is' default and the 1 d 'nt d t12 f cl $;Le-£ f atio h ut th nature of the default's pro-tided ithe attached gy The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HFMAP)_may be able to he to save your h me- Th' Notice explains ho the program works- lo e if HEMAP can help- w t MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice 'thy h you + with h CQunseling Agency- Ilic n e address and oh e j2umbcr of Consumer Credit Counseling Ag nc' serving y-Qur County are fisted at the end of this N fc If you have any Questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-742-2397 iPersons with 'mpailid li wring can call (717) 780-18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may he able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE FSTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. PA ACT 91 HOMEOWNER'S NAME(S): Kenneth Green PROPERTY ADDRESS: 209 1/2 S. Second St. Wormleysburg PA 17043 LOAN ACCT. NUMBER: 0645106873 ORIGINAL LENDER: Flo CURRENT LENDER/SERVICER: Washington Mutual Bank HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN AVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENT IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACr"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you most arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT !.? DAYC IF YOU DO NOT APPLY FOR M R NCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORT AC P TO DATE THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGEDEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGF UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIFS - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county which the _property' located a et forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-m-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 000663/co816 HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date) - The MORTGAGE debt held by the above lender on your property located at 209 12 S. Second St. Wormleysburg PA 17043 IS SERIOUSLY IN DEFAULT BECAUSE: Non-payment A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly Installments: 10/01/2005 $476,08 11/01/2005 $476.08 121OV2005 $494.90 Other charges (exptain/iterrize): Uncollected Late Charges $44.97 Uncollected Fees: $8,90 Less Credits $0,00 TOTAL AMOUNT PAST DUE: $1500.93 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1500.93, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Parents must be d either by ash cashier's check, certified check. or mnneyyrder made payable and sent to- Washington Mutual Bank Cash Processing P.O. Boa 3200 Milwaukee, WI 53224 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable): IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exereice its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon jour mortyagedyronerty. *IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the defa,dt within the THIRTY tin) DAY period. you will not be required to pay attorney's fees. mortgage. The lender may also sue you personally for the upafd principal balance and all other sums due under the PA AGT 91 RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S and foreclosure proceedings have begun, you may still have restore your mortgage to the same position as if you had never If you have not cured the default within the THIRTY (30) DAY Curing your default in the manner set forth in this notice will EARLIEST POSSIBLE SHERIFF'S SALE DATE - it is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would he approximately 9 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Washington Mutual Bank Address: 7255 Baymeadows Way Jacksonville, FL 32256 Phone Number: 866-926.8937 Fax Number: 904-281-3914 Contact Person: Collection Department Email Address: www.Eamubomeloans.com EFFECTS OF SHERIFF'S SALF• - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could he started by the lender at any time. ASSUMPTION OFMORTGAGE - You _ may or $ may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE. RIGHT- TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report. PA ACT 91 VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure 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. Sec. 4904 relating to unworn falsification to authorities. S14APIRO & KREISMAN i IY: lfli Ilana Zion, quire Attorney for Plaintiff Dated: J? (?J?U? r C ' t SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA W08 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:06-1434 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & KREISMAN BY: \(?- ana Zion, Esquir Attorneys for Plaintiff 1 Washington Mutual Bank, FA v. Kenneth Green a/k/a Kenneth E. Green VERIFICATION The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. n Date: - - ? cc? T Loan:0645106873 06-26302 Name: 'tLck' Iq t(o i v Title: GYP Company: ?q/as? • Jan /?v? ?:s Cti/<, 511APIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA ; PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & KREISMAN, LLC BY: , ?\ Ilana Zion, EsquireAttorney for Plamti 14. c ?y d cn :> 1 Y4 ? dam W .c t SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-01434 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS GREEN KENNETH AKA KENNETH E GR R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: GREEN KENNETH AKA KENNETH E GREEN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT GREEN KENNETH AKA KENNETH E GREEN 209 1/2 SOUTH SECOND WORMLEYSBURG, PA 17043 PER NEIGHBOR, DEFENDANT IS AVOIDING SERVICE. Sheriff's Costs: So answers: Docketing 18.00 Service 28.16 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 56.16 SHAPIRO & KREISMAN 04/17/2006 Sworn and subscribed to before me this jrl?- day of -1 ,Xft? A. D. Prothonotary SHERIFF'S RETURN - NOT SERVED CASE NO: 2006-01434 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS GREEN KENNETH AKA KENNETH E GR R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT OCCUPANT 209 1/2 SOUTH SECOND STREET WORMLEYSBURG, PA 17043 PER NEIGHBOR, DEFENDANT IS AVOIDING SERVICE. Sheriff's Costs: So answers: Docketing 6.00 Service .00 Affidavit .00 `R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 SHAPIRO & KREISMAN 04/17/2006 Sworn and subscribed to before me this /,8 eO day of 2 kppl, A. D. Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01434 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS GREEN KENNETH AKA KENNETH E GR 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 GREEN KENNETH AKA KENNETH E GREEN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT GREEN 6 ADAMS STREET NOT FOUND , as to GREEN KENNETH AKA KENNETH E ENOLA, PA 17025 DEFT'S SISTER LIVES AT 6 ADAMS ST. SHE SAYS THAT HE LIVES AT 209 1/2 S 2ND ST. SOMEONE THERE BUT WOULD NOT ANSWER THE DOOR. Sheriff's Costs: So answ -? Docketing 18.00 Service 14.08 Not Found 5.00 R. Tho as Kline Surcharge 10.00 Sheriff of Cumberland County .00 47.087 SHAPIRO & KREISMAN 9- 1/v3i0 (, 06/06/2006 Sworn and Subscribed to before me this day of A. D. SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) NO: 06-1434 PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & KREISMAN, LLC a BY: ?.? Ilana Zion Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, SHAPIRO & KREISMAN, LLC, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the above-captioned Defendant, by regular mail and certified mail to the last known addresses of Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025, and by posting of the subject premises located at 209 1/2 South Second Street, Wormleysburg, PA 17043, and in support thereof avers the following: 1. The Sheriff has been unable to serve the Complaint in Mortgage Foreclosure. Further attempts at personal service would not be successful. A true and correct copy of the Sheriffs Return of Service is attached hereto and marked as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Good Faith Investigation setting forth the specific inquiries made and the results there from is attached hereto and marked as Exhibit "B". 3. The last known addresses of the Defendant is as set forth in Exhibits "A" and "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the above named Defendant, Kenneth Green a/k/a Kenneth E. Green, by regular mail and certified mail to the last known addresses of the Defendant, Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025, and by posting of the subject property located at 209 1/2 South Second Street, Wormleysburg, PA 17043. SHAPIRO & KREISMAN, LLC i BY: Ilana Zion Attorney for Pla tiff SHERIFF'S RETURN - NOT FOUND b-b- Z (9 CASE NO: 2006-01434 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS GREEN KENNETH AKA KENNETH E GR R. Thomas Kline duly sworn according to law, inquiry for the within named GREEN KENNETH AKA KENNETH E unable to locate Him in his COMPLAINT - MORT FORE -,Sheriff or Deputy Sheriff, who being says, that he made a diligent search and DEFENDANT GREEN but was bailiwick. He therefore returns the the within named DEFENDANT GREEN 209 1/2 SOUTH SECOND STREET WORMLEYSBURG, PA 17043 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO SERVE DEFENDANT. Sheriff's Costs: So answers: Docketing 18.00 _ f Service 42.24 Not Found 5.00 R. Thomas"Kline Surcharge 10.00 Sheriff of Cumberland County .00 75.24 SHAPIRO & KREISMAN 12/04/2006 Sworn and Subscribed to before me this day of , A. D. NOT FOUND as to . GREEN KENNETH AKA KENNETH E p(Nkl& IT 'A° SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01434 COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS GREEN KENNETH AKA KENNETH E GR 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 GREEN KENNETH AKA KENNETH E GREEN but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT GREEN 6 ADAMS STREET NOT FOUND , as to GREEN KENNETH AKA KENNETH E ENOLA, PA 17025 DEFT'S SISTER LIVES AT 6 ADAMS ST. SHE SAYS THAT HE LIVES AT 209 1/2 S 2ND ST. SOMEONE THERE BUT WOULD NOT ANSWER THE DOOR. Sheriff's Costs: So answ Docketing 18.00 Service 14.08 Not Found 5.00 R. Tho as Kline Surcharge 10.00 Sheriff of Cu erland County .00 47.08 SHAPIRO & KREISMAN 06/06/2006 Sworn and Subscribed to before me this day of , A.D. hQ I Marlton, M.1 0$053 Fax: 856-985-332 File # Firm Subject: Current Address Property Address Mailing Address: IPPPP* Defzrult Express Services, Inc. 13000 Route 73 Suite 707 Four Gr+?entre?: 'Center Phone: 85685-340 i nfo4a?d of au Ite x ?a ress. cv m; 2155 Shapiro & Kreisman Kenneth Green 209 1/2 S. 2nd St. Wormleysburg, PA 17043 209 1/2 S. 2nd St. Wormleysburg, PA 17043 209 1/2 S. 2nd St. Wormleysburg, PA 17043 I Steven M. Ruffo,being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above noted individual(s) 5/2/06 and have discovered the following I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following to be true and correct Kenneth Green - 167-40-4414 B. EMPLOYMENT SEARCH Kenneth Green - Our Office was unable to verify the employment information on the credit report. C. INQUIRY OF CREDITORS On 5/2/06 our inquiry with the creditors indicate that Kenneth Green reside(s) at 209 1/2 S. 2nd St. Wormleysburg, PA 17043 II. INQUIRY OF TELEPHONE COMPANY A.DIRECTORY ASSISTANCE SEARCH On 5/2/06 our inquiry with the Directory Assistance indicated that Kenneth Green reside(s) at 209 1/2 S. 2nd St. Wormleysburg, PA 17043 717-774-0158. Our office made a telephone call to the mortgagor number and got the voicemail III. INQUIRY OF NEIGHBORS Using our Whitepages database on 5/2/06 we were unable to verify the current address with any of the Neighbors within ten houses of the above referenced subject. IV. INQUIRY OF POSTOFFICE A. NATIONAL ADDRESS UPDATE Our inquiry with National Address database on 5/2/06 indicates the following is correct Kenneth Green - 209 1/2 S. 2nd St. Wormleysburg, PA 17043 B. ADDITIONAL ACTIVE MAILING ADDRESS Per our inquiry with creditors on 5/2/06 the following is an active mailing address : 6 Adams St. Enola, PA 17025 V. MOTOR VEHICLE REGISTRATION 1a4A%9o(T A. MOTOR VEHICLE & DMV OFFI CE Per the Pennsylvania Department of motor vehicle Kenneth Green has a valid 1• h identification registered with the state. VI. OTHER INQUIRIES A. DEATH RECORDS As of 5/2/06 Vital records has no death records on file for Kenneth Green B. PUBLIC LISCENSES (PILOT, REAL ESTATE ETC.) Our investigation could not find Public licenses/ records for the mortgagor C. COUNTY VOTER REGISTRATION The Cumberland Cnty voter registration would only indicate a registration for Kenneth Green D. INTERNET All accessible public databases have been checked and cross-referenced for the above named individual(s). E. TAX ASSESSMENT OFFICE On 5/2/06 our office conducted a search of the following tax records which showed the following : See Attached VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Kenneth Green - 5/4/62 B. A.K.A Kenneth Green - Kenneth E. Green 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 statemants 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 penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. Ote'- fu 1?t __ AF ANT Steven M. uffo Default Express Services, INC. President Sworn to and subscribed before me this 2th day of May 2005 NOTARIAL SEAL Joseph J. Sarocy Notary Public of New Jersey Commission Expires 10/20/2009 OT RY P LIC Default Express Services, Inc. 1 3000 'Route 73 Sulte- 107 Forir Greentree Center Marlton, NJ 08053 Phone: 856 385-3340 Fax: 056-985-3.342 i nfo(&_)d efau Itex p ress:corn *GREEN,KENNETH,L SINCE 11/02/86 FAD 09/28/05 FN-319 209 1/2,S 2ND,ST,WORMLEYSBURG,PA,17043,TAPE RPTD 06/02 6,ADAMS,ST,ENOLA,PA,17025,TAPE RPTD 04/02 22,N FRONT,ST APT 1,WORMLEYSBURG,PA,17043,TAPE RPTD 05/97 FN-GREEN,KENNETH,E BDS-05/04/1962,SSS-167-40-4414 * * * * WARNING BANKRUPTCY ON FILE, FULL CREDIT REPORT IS ADVISED..... PAGE 1 PENNSY" `NIA DEPARTMENT OF TRANSPO' 1TION AUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION APR 28 2006 DRIVER: KENNETH EDWARD GREEN DRIVER LICENSE NO : 19745647 209 1/2 S 2ND STREET DATE OF BIRTH : MAY 04 1962 WORMLEYSBURG, PA 17043 SEX : MALE RECORD TYPE : REG LICENSE DRIVER LICENSE (DL) LICENSE CLASS : C LICENSE ISSUE DATE: APR 08 2003 LICENSE EXPIRES : MAY 05 2007 ORIG ISSUE DATE : MAR 25 2000 MED RESTRICTIONS : 1 LEARNER PERMITS LICENSE STATUS COMMERCIAL DRIVER LICENSE (CDL ) CDL LICENSE CLASS : CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS : NONE CDL RESTRICTIONS : NONE CDL LEARNER PERMITS: CDL LICENSE STATUS : SB ENDORSEMENT : PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** END OF RECORD *** Input Parameters Refortnce Number Permissible Purpose = ;SI;; Primary Subject = ;;;;;;;;;;;;;;XXXXX4414;;; TRANSUNION SSN REPORT FOR SBJ Y NJ0200302 RPT ON GREEN, KENNETH E. MKT/SUB INFILE 17 HB 9/87 SSN 167-40-4414 DATE TIME 05/03/06 11:30CT DOB 5/62 CURR/ADD 209 S. 2ND ST., #2ND. WORMLEYSBURG PA. 17043 FRMR ADD 6 ADAMS ST., ENOLA PA. 17025 22 N. FRONT ST., #1ST. WORMLEYSBURG PA. 17043 CURR EMP & ADD PSTN INCM DUKES BAR & GRILL E FRMR EMP & ADD WITER CONCORDIA CO INC *** INQUIRY ANALYSIS *** DATE SUBCODE SUBNAME 04/13/2006 B1252004 WAMU GREEN,KENNETH 209 1/2 S SECOND ST WORMLEYSBURG,PA 17043 TEL# RPTD 774-0158 05/2002 04/2002 EMPDATE RPTD 6/05R 7/04R END OF TRANSUNION REPORT **************************************************************************** Washington Mutual Bank, FA vs. Kenneth Green a/k/a Kenneth E. Green VERIFICATION Ilana Zion, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to take this Verification, 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 her knowledge, information and belief. 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. SHAPIRO & KREISMAN, LLC BY: JAW duJ? Ilana Zion Attorney for Plai ff S & K FILE NO. 06-26302 SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: 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. The comment to Pa.R.C.P. 430(a) illustrates what would be a good faith effort to locate the Defendant: NOTE: [A]n illustration of a good faith effort to locate the defendant includes (1) inquiries 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. Comment to Pa.R.C.P. 430 (a). In real property actions, such as actions in mortgage foreclosure, the Pennsylvania Rules of Civil Procedure, Rule 410 (c), provides how service shall be made pursuant to an Order of Court under Pa R.C.P. 430 (a): The court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430 (b), (2) posting a copy of the original process on the most public part of the property, (3) registered mail to the defendant's last known addresses, and (4) such other methods, if any, as the court deems appropriate to serve notice to the defendant. As set forth in the Sheriffs Return of Service, attached to the Plaintiffs motion as Exhibit "A", the Sheriff has been unable to serve the Complaint in Mortgage Foreclosure. A good faith effort to discover the whereabouts of the Defendant has been made in accordance with Pennsylvania Rule of Civil Procedure 430(a), as evidenced by the attached Affidavit of Good Faith Investigation, attached to the Plaintiffs motion as Exhibit "B". In order to complete service on the Defendant, Kenneth Green a/k/a Kenneth E. Green, so as to move this action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 430, grant a special Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, Kenneth Green a/k/a Kenneth E. Green, by regular mail and certified mail to the last known addresses of the Defendant, Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025; and by posting of the subject property located at 209 1/2 South Second Street, Wormleysburg, PA 17043 by the Sheriff, competent adult, or other party allowed by law. Respectfully Submitted, SHAPIRO & KREISMAN, LLC Date: ?2 6lo BY: \ Ilana Zion Attorney for Plain SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 CERTIFICATION I hereby certify that I have served a true and correct copy of this Motion for Service Pursuant to Special Order of Court and the papers attached thereto on all parties named herein at his last known address or upon his attorney of record by regular mail, postage prepaid to the parties listed below on 2006. Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams Street Enola, PA 17025 SHAPIRO & KREISMAN, LLC BY:?- tl?, Ilana Zion Attorney for Plaintif SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 CERTIFICATION OF ADDRESS I, Angela D'Antonio, the undersigned, being duly sworn according to law, hereby depose and say that the address of the above Defendant are as follows: Kenneth Green a/k/a Kenneth E. Green 209 1 /2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams Street Enola, PA 17025 SHAPIRO & KREISMAN, LLC BY: Angela 'An oni Legal Assistant to Attorney for Plaintiff r-a ". -in f elI DEC i c 2ooe pq' SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 ORDER 0% AND NOW, this 18 , day of lbeua?u, 2006 upon consideration of Plaintiffs Motion For Service Pursuant To Special Order of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the, Complaint in Mortgage Foreclosure, Notice of Sale and all said subsequent pleadings by certified mail and regular mail to the last known addresses of the Defendant, Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025, and the Sheriff, Marshal or other appropriate party has posted a copy of the Complaint in Mortgage Foreclosure, Notice of Sale or said subsequent pleading on the most public part of the property located at 209 1/2 South Second Street, Wormleysburg, PA 17043, which is the subject of this action in mortgage foreclosure. BY THE COURT: J. I :8 t'lJ 8 13 -38 graz 3141 Jtj SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & KREISMAN, LLC BY: L a Zion, Esquire Attorney for Plaintiff "' SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT NO: 06-1434 AFFIDAVIT OF SERVICE I, Angela D'Antonio, the undersigned, being duly sworn according to law, hereby depose and say that on the day of 200tZ pursuant to the attached Order of Court, attached as Exhibit "A", I served a true and correct copy of the Complaint in Mortgage Foreclosure in the above captioned matter to the Defendant by certified and regular mail, to their last known address of: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams Street Enola, PA 17025 SWORN AND SUBSCRIBED Before me this day ofl(lU4120 A. _ n T// N Notadal Seal Denise L SW*d, Notary PUAC Lj%w VwWY my Car "w E?iM J* 2 Ca0i? SHAPIR & rREISM BY: Ange a D' An onio Legal Assistant to Attorney for Plaintiff Memoer. Pennsylvania Association of DEC 16 ly( SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT C?Op?f COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 ORDER AND NOW, this _L?_, day of?Decyi4h&d, 2006 upon consideration of Plaintiffs Motion For Service Pursuant To Special Order of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the, Complaint in Mortgage Foreclosure, Notice of Sale and all said subsequent pleadings by certified mail and regular mail to the last known addresses of the Defendant, Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025, and the Sheriff, Marshal or other appropriate party has posted a copy of the Complaint in Mortgage Foreclosure, Notice of Sale or said subsequent pleading on the most public part of the property located at 209 1/2 South Second Street, Wormleysburg, PA 17043, which is the subject of this action in mortgage foreclosure. T" (ANVY F Recom t , I harp UMtt SM Nit IM, wo of Sw C ; ^arlte P* BY THE COURT: J. ?` ?. O dC a C,3 CY) o fl ZC?° t? c° u" co o cqo _8 c d ?. N d tl3tiNn' ° d 4 c n. S X41 W rn C N O a ? a o to CYO ? ca ???: ca ?, ? : xd? w 9 'm ? m m C. D :N m m¢ ¢ ? m Z m Kc m d> m :t ¢ o T,?v? f m .m ¢U pphE bbd R °e z?a? I 1 G L - ?0?? U pppjjj Qk S; G i ? 9 N q? U 7 z `O 'U rn o m 2 t 4 oyr ? N R) fJ a".., 9?? ? a u r ? ?? cJ o4 0 u a N a mm ? w ¢c pm m m ?(j N N m . ? ? ¢ W r Z N 'C] r ui v m 0. C 0 0. D 0 ro E 0 'e- 0 Im n 0 N 7 d W d ? g W = ? to J Q- r-Ij E :. Cry ? - Z .. to - 00 it 1AW)U SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-01434 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS GREEN KENNETH AKA KENNETH E GR 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 (+DVVNT VV1VTTVrrW nun V TMTWTW T+ CIRP.P.N but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT GREEN KENNETH AKA KENNETH E GREEN 209 1/2 SOUTH SECOND STREET WORMLEYSBURG, PA 17043 ALTHOUGH NUMEROUS ATTEMPTS WERE MADE WE WERE UNABLE TO SERVE DEFENDANT. Sheriff's Costs: So answers: Docketing 18.0 0 Service 42.24 Not Found 5.00 R. Thomas .,Kline Surcharge 10.00 Sheriff of Cumberland County .00 75.24 ? SHAPIRO & KREISMAN 12/04/2006 Sworn and Subscribed to before me this day of A. D. I SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Kenneth Green a/k/a Kenneth E. Green DEFENDANT NO:06-1434 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $75,661.48 in favor of the Plaintiff and against the defendant for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $66,127.70 Interest at 5.375% from October 1, 2005 to February 6, 2007 (494 days @ $9.75 per diem) $4,816.50 Late charges $14.99 Escrow Advance $795.90 Appraisal Fees `?, $350.00 Title Search Report Fees $250.00 Attorneys Fees $3,306.39 TOTAL AMOUNT DUE -5%66l .48 `Lain & W. Tabassquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant and damages are assessed as above in the sum of $75,661.48. 06-26302 ro. Prothy. SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., JOSEPH REJENT, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 86727, 59621 & 87137 2520 RENAISSANCE BLVD., SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: STATE OF: M/\? COUNTY OF: L k.o ? (^ AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. I /" Washington Myfual Bank, F. By: NAME: (, , wee G /o p TITLE: Sworn to and subscribed before me this of Notary Public 06-26302 JAME•:R C. MORRIS NOTARY PUBLIC-MINNESOTA MY' COMMISSION "? E.X01RFSJAN 31, SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANTS NO: 06-1434 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Kenneth Green a/k/a Kenneth E. Green DATE OF NOTICE: January 26, 2007 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IWORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams Street Enola, PA 17025 cN-? Ilana Zion, Esquire Shapiro & Kreisman, Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Kenneth Green a/k/a Kenneth E. Green DATE OF NOTICE: January 26, 2007 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTMCACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Kenneth Green a/k/a Kenneth E. Green -209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams Street Enola, PA 17025 . ' Ilana Zion, Esquire / Shapiro & Kreisman, Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANTS ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, January 26, 2007 to the following Defendants: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams Street Enola, PA 17025 Angela D'Antonio, Legal Assistant to Ilana Zion, Esquire for Shapiro & Kreisman, LLC SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-1434 CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person or their attorney of record: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 Date mailed: - 06-26302 Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-1434 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 and that the last known addresses of the judgment debtor (Defendant) is: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 Bpi: & KREISMAN, rLLC L/aurdn R. Tabas, Esquire Attorney for Plaintiff 06-26302 QS i "rl W ?.f O OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Washington Mutual Bank, FA PLAINTIFF vs. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-1434 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. 0 urtis R. Lo Prothonot ry [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-1434 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Curtis R. Lo Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Washington Mutual Bank, FA PLAINTIFF vs () Confessed Judgment () Other File No. Q(. - 14W Amount Due $75,661.48 Interest February 7, 2007 to June 13, 2007 is $1,414.78 Atty's Comm Costs Kenneth Green aWa Kenneth E. Green DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) defendant(s) described in the attached exhibit. . Date: Sign?tu Print Address King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 93337 3600 Horizon Drive, Ste. 150 t a lJ 1 W -6Q w6g e c W :C 1 n D Cs, c ?c r? w n ^ ? w 1 1 r C ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1434 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From KENNETH GREEN A/K/A KENNETH E. GREEN (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 $75,661.48 Interest 2/7/07 TO 6/13/07 IS $1,414.78 Atty's Comm % Atty Paid $324.56 Plaintiff Paid Date: FEBRUARY 6, 2007 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curt' R. Long, Pr notaryBy: REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Deputy Supreme Court ID No. 93337 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Kenneth Green a/k/a Kenneth E. Green DEFENDANT NO: 06-1434 AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 209 1/2 South Second Street, Wormleysburg, PA 17043. Name and addresses of Owner or Reputed Owner Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 2. Name and addresses of Defendant in the judgment: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, FA, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 209 1/2 South Second Street Wormleysburg, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KREISMAN, R. Tab-as, Esquire 06-26302 ? ? 5 X5 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF vs. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Your house (real estate) at: 209 1/2 South Second Street, Wormleysburg, PA 17043 47-20-1858-165 is scheduled to be sold at Sheriffs Sale on June 13, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $75,661.48 obtained by Washington Mutual Bank, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26302 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1l2 Second Street, Wormleysburg, Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. ?3 ,.(^ - ? `-?9 S? ?? ?j C _ ? , 'N sr, 'fl .A SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 DEFENDANTS VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendant by certified and regular mail, to the last known addresses as follows: 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025 on March 20, 2007 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: SHAPIRO & KREISMAN, LLC BY: add Heather Whitman Legal Assistant 06-26302 DEC 16 2wy? SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. C?OP17 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 Kenneth Green a/k/a Kenneth E. Green DEFENDANT ORDER AND NOW, this -L?-, day of _, 2006 upon consideration of Plaintiff's Motion For Service Pursuant To Special Order of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the, Complaint in Mortgage Foreclosure, Notice of Sale and all said subsequent pleadings by certified mail and regular mail to the last known addresses of the Defendant, Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025, and the Sheriff, Marshal or other appropriate party has posted a copy of the Complaint in Mortgage Foreclosure, Notice of Sale or said subsequent pleading on the most public part of the property located at 209 1/2 South Second Street, Wormleysburg, PA 17043, which is the subject of this action in mortgage foreclosure. T" FR 1'Q *0 ' I P uMt18N ffq A tho so of SW ?arfiw Pa '017 1, BY THE COURT: M - L? l r, J. U.S. Postal Service, CERTIFIED MAIL" RECEIPT (Domestic Mail Only; No insurance Coverage Provided) m Q" m r-q a fu r%- 0 0 0 C3 0 a r-1 m M Sent TO or PO t3ox No.` ...... cry &Ri,2W4 Ci 0 PS F-orm 3800, Jurw 2002 see Reverse for 11'simovons m M (Domestic Mail Only ; No Insurance Coverage Provided) r-:l For delivery informatio n visit our website at w ww.uspsxom?, C3 = 1 OFFI CIAL USE ru r- s Postage $ C3 C3 Car~ Fee -1 V ° Return Receipt Fee (Endorsement Required) 0 Restricted l)®Iivety Fee r•R (Endorsement Required) ra M Total Postage & Fees Ln TO N' r ? K C --- • or PO Box No . S ......................... . City. Slate. ZfP+4 )_"`? , ? f QA Z ? Postal -a CERTIFIED MAIL,,, RECE IPT M (Domestic Mail Only; No Insurance Cov erage Provided) r-1 , C3 OFFICIAL USE -11 L r`- Postage $? C3 ° Cor#W Fee . [3 ° Retum Receipt Fee (Endorsement Required) C` C3 Restricted peflvery Fee ) r R (Endorsement Required) M Total Postage & Fees Ln ° orPOBox,AD. r'nq U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Sha iro and Kreisman LLC ' ~ `u7 3600 Horizon Drive Ste. 150 King Of Prussia, PA 19406 One piece of ordinary mall addressed to: Kennet, Green a/k/a Kenneth E Green 6 Adams Street Enola, PA 17025 PS Form 3817, January 2001 G N UNIZE0 s A D ® 9m O N M . N "n ®a® m°Ca o (D N ?i/ N C)°w °° m -O U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman LLC 3600 Horizon Drive Ste. 150M King Of Prussia, PA 19406 One piece of ordinary mail addressed to: Kenneth Green a/k/a Kenneth E green 209 1/2 South Second Street Wormle r PA 17043 l}l s-r i n?ir „rl PS Form 3817, January 2001 i r ° ° uM?rr4 °N t : W D ? p? W 4 0Q? Q K M NO A O? m? a -A c3 C cn SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 Kenneth Green aWa Kenneth E. Green DEFENDANT(S) CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on March 20, 2007, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: ?at? 1 Jt Heather Whitman Legal Assistant 06-26302 -n ar 0 am Qz w n ?I m cr N D) N _- -? O N O 41- w 0 O ? ?I F I n 0 v CD N c x 0 d 0 rt mm I 1 I j V - ---- t-- D I i M .Ni M tD 3 W 7 O 7 fD H N I f NI Z m 3 V _ W c - -- - s _ s y m o o? o la m `j J°c m N ? I i I U?? ? i ??? I' CD CD CL CD ?v 0 a d I I j ? j I N I ? .°_= 1 ? I CD? 1 700 ?$'Col (CDD 91 W ?. N 0- Q ?x?O3 OD ?__ --- nZC'. O. gm m N (D 3 E - CL N I ? I i is w ? ° ? o UN1TFo b C: 1 M A GOD .? p I 4 ? ? m I I ?- ?--------- -?-------------------r--- Tp i Z7 _' '{ m 1 ----------- -4 m m Q C-) II ?N?/ V I I :.. C \.y L b?? O is 0 N N •y+ Yy? N C -cl r t is y N O N m m a. N O N m d ll- SHERIFF'S RETURN - REGULAR CASE NO: 2006-01434 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK FA VS GREEN KENNETH AKA KENNETH E GR SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GREEN KENNETH AKA KENNETH E GREEN the DEFENDANT , at 1723:00 HOURS, on the 28th day of December-, 2006 at 209 1/2 SOUTH SECOND STREET WORMLEYSBURG, PA 17043 PROPERTY POSTED AT 209 1/2 by handing to S SECOND STREET WORMLEYSBURG a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.08 Posting 6.00 Surcharge 10.00 .00 j/lF (c -7 ? 4 8 . 0 8 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/02/2007 SHAPIRO & KRE C, By. eput Sheriff A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, FA, Plaintiff, V. KENNETH E. GREEN Defendant. CIVIL ACTION - LAW No. 2006-1434 MORTGAGE FORECLOSURE SUGGESTION OF BANKRUPTCY COMES NOW the Defendant, Kenneth E. Green through his undersigned attorneys, Gates, Halbruner & Hatch, and would show the Court: 1. Dale and Amber Wolfgang have filed a petition for relief under Title 11, United States Code, in the United States Bankruptcy Court for the Middle District of Pennsylvania, which bears the case number 1:07-bk-01796. 2. Relief was ordered on June 12, 2007. 3. This action is founded on a claim from which a discharge would be a release or that seeks to impose a charge on the property of the estate. 4. This is for informational purposes only, and does not constitute a notice of appearance by the undersigned. WHEREFORE, the defendants suggests that this action has been stayed by the operation of 11 U.S.C. § 362. Respectfully Submitted, GATES, HALBRUNER & HATCH, PC Sarah E. McCarroll, Esquire Attorney ID No. 91102 Gates, Halbruner & Hatch, PC 1013 Mumma Road, Suite 100 Lemoyne, PA 17043 (717) 731-9600 ? ? ??. :. o -rt :? m, ? ? c? ? ? ^ ___ ?/ ? ',"; l' .?? r? ?? N SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) NO: 06-1434 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: It is hereby suggested of record that Kenneth Green a/k/a Kenneth E. Green Defendant(s) in the above captioned case has filed a Chapter 13 bankruptcy under case number 07-01796 on June 12, 2007, in the Middle District of Pennsylvania and the above captioned Action in Mortgage Foreclosure is accordingly stayed pendency of the Bankruptcy. BY: Lauren R. Tabas, Esquire Attorney for Plaintiff C°7 ~' Washington Mutual Bank, FA In The Court of Common Pleas of VS Cumberland County, Pennsylvania Kenneth Green a/k/a Writ No. 2006-1434 Civil Term Kenneth E. Green Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 19, 2007 at 1609 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: Kenneth Green a/k/a Kenneth E. Green, by posting the premises located at 209 1/2 South Second Street, Wormleysburg, Cumberland County, Pennsylvania, pursuant to order of court, with the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 0956 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth Green a/k/a Kenneth E. Green, at 209 1/2 South Second Street, Wormleysburg, 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: Kenneth Green a/k/a Kenneth E. Green, by regular mail to his last known address of 209 1/2 South Second Street, Wormleysburg, PA 17043. This letter was mailed under the date of April 03, 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 Lauren Tabas. Sheriff's Costs: Docketing $30.00 Poundage 16.85 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 30.72 Levy 15.00 Surcharge 20.00 Posting 6.00 Law Journal 355.00 Patriot News 297.89 Share of bills 16.17 Postpone Sale 40.00 $ 859.13 So Answers: R. Thomas Kline, eriff 1.60 A 0 LOO too Byj tv , I CA ? ? Real Estate ergeant . HAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF vs. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 209 1/2 South Second Street, Wormleysburg, PA 17043. 1. Name and addresses of Owner or Reputed Owner Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 2. Name and addresses of Defendant in the judgment: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, FA, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 209 1/2 South Second Street Wormleysburg, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KREISMAN, B R. Tali-as, Esquire 06-26302 4' A SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Your house (real estate) at: 209 1/2 South Second Street, Wormleysburg, PA 17043 47-20-1858-165 is scheduled to be sold at Sheriffs Sale on June 13, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $75,661.48 obtained by Washington Mutual Bank, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) 16 V YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26302 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast comer of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-1434 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From KENNETH GREEN A/K/A KENNETH E. GREEN (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 $75,661.48 Interest 2/7/07 TO 6/13/07 IS $1,414.78 Atty's Comm % Atty Paid $324.56 Plaintiff Paid Date: FEBRUARY 6, 2007 (Seal) L.L. $.50 Due Prothy $1.00 Other Costs Curti R. Long, Pr otary By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 06 "1 Real Estate Sale # 59 On March 7, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 209 '/2 South Second Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 7, 2007 By: d Real Es a Sergeant ZZ c? S) 93.E Lou I 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. Billhime, 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 April and the 2nd day(s) of May 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#59 ;j2i6e00 ........... ....... Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L Russell, Notary Public City Of Harrisburg, Dauphin County Co i sion Expires June 6, 2010 mber, a svlvania Association of Notaries A NOT AY P BLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 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: April 20, 27 & May 4, 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. r is arie Coyne, E for SWORN TO AND SUBSCRIBED before me this __.4day of May, 2007 1'... WAAL XWTAXZ W A& 100. SY Writ No. 2006-1434 Civil Washington Mutual Bank, FA vs. Kenneth Green a/k/a Kenneth E. Green Atty.: Lauren Tabas ALL THAT CERTAIN tract or Par- cel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on Sec- ond Street, said point being Eighty- Two (82) feet from the Northeast comer of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the cen- ter of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 de- grees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hun- dred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1 /2 Second Street, Wormieysburg, Penn- sylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption Washington Mutual Bank, FA PLAINTIFF VS () Confessed Judgment () Other File No. 0(0- 1 134 Amount Due $75,661.48 Interest February 7, 2007 to March 4, 2009 is $8,432.98 Atty's Comm Costs Kenneth Green a/k1a Kenneth E. Green DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment agai,ist the above-named garnishee(s) for the following property (if real estate, supply six copies, of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this wr'41 against the garnishee(s) as a lis pendens again Teal estate of the : ? J defendant(s) described in the attached exhibit. ?? s ' Date: a 68 _ Signature Print Name: Michael J. lark, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 p IM? p ?„$ :, s 17 DEC If an yi SHAPIRO & KREISMAN, LLC BY: ILANA ZION ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. Kenneth Green alk/a Kenneth E. Green DEFENDANT GOO P?( COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 ORDER AND NOW, this _L?__, day of 2006 upon consideration of Plaintiffs Motion For Service Pursuant To Special Order of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the, Complaint in Mortgage Foreclosure, Notice of Sale and all said subsequent pleadings by certified mail and regular mail to the last known addresses of the Defendant, Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025, and the Sheriff, Marshal or other appropriate party has posted a copy of the Complaint in Mortgage Foreclosure, Notice of Sale or said subsequent pleading on the most public part of the property located at 209 1/2 South Second Street, Wormleysburg, PA 17043, which is the subject of this action in mortgage foreclosure. ?CAVY ?+M to . -" a+" Pt I .w BY THE COURT: r OM ' i two "(ft let nw ho° C of said J. l ?--O630Z UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Kenneth Edward Green, Debtor. Wells Fargo Bank, N.A., Movant, V. Kenneth Edward Green, Debtor, and Charles J. DeHart III, Trustee, Additional Respondent. CHAPTER 13 BANKRUPTCY CASE NUMBER 1-07-bk-01796 RNO ORDER AND NOW, after notice to all required parties and certification of default under the terms of this Court's Order of March 13, 2008 it is ORDERED AND DECREED that the Automatic Stay of all proceedings, as provided under section 362 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (The Code) 11, U.S.C. 362, is lifted to allow Movant to proceed with, or to resume proceedings in Mortgage Foreclosure, including, but not limited to Sheriffs or Marshal's Sale of 209 1/2 South Second Street, Wormleysburg, PA 17043 (the "Mortgaged Premises"); and to take action, by suit or otherwise as permitted by law, in its own name or the names of its assignee, to obtain possession of the Mortgaged Premises. Dated: August 29, 2008 6" U. gitpV Robert N. t 19 Abp ky 3odgc This document is e(ectromcatty signed and filed on the same date. (on Case 1:07-bk-01796-RNO Doc 71 Filed 08/29/08 Entered 09102/0807:33:13 Desc Main Document Page 1 of 1 SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANT CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this Property is: FHA - Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit That the Plaintiff has complied in all respects with Section 403 of the X Mortgage Assistance Act including but not limited to: (a, Service of notice on Defendant(s) (b) Expiration of 30 days since the service of notice (c) Defendant(s) failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency (d) Defendant(s) failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statement given herein. SHAPIRO & DENARDO, LLC BY: A?L ? (' 4 MI HAEL J. CL , Esquire PA Bar # 202929 C? t? c ° ? : r N ??; -?: ? at `` " ?3 ,t _ C";. .?^ ?- r... ? rr .. ?.?„ G "? .?-, to SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANT AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 209 1 /2 South Second Street, Wormleysburg, PA 17043. Name and addresses of Owner or Reputed Owner Kenneth Green a/k/a Kenneth E. Green 209 1/2 S:,uth Second Street WormleN sburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. r•.,iola, PA 17025 2. Name and addresses of Defendant in the judgment: Kenneth Green aik/a Kenneth E. Green 209 1 /2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 ,.-., • 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, FA, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 209 1 /2 South Second Street Wormleysburg, PA 17043 t verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC 1 r BY: MICHAEL J. CLA , squire 06-26302 n C5 0 C-) crt . 1 ;.. , Q tZtr' _ N) CJ SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Your house (real estate) at: 209 1/2 South Second Street, Wormleysburg, PA 17043 47-20-1858-165 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at i 0:00am, to enforce the court judgment of $75,661.48 obtained by Washington Mutual Bank, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: i . The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Courtto postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buffer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26302 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1434 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From KENNETH GREEN a/k/a KENNETH E. GREEN (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 $75,661.48 L.L. Interest from 2/07/07 to 3/04/09 is -- $8,432.98 Atty's Comm % Due Prothy $2.00 Atty Paid $1,205.19 Other Costs Plaintiff Paid Date: 9/29/08 rothono (Seal) By: REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 3600 HORIZON DRIVE, STE.150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 Deputy J ~ e SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. ; Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANT AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 209 1/2 South Second Street, Wormleysburg, PA 17043. Name and addresses of Owner or Reputed Owner Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 2. Name and addresses of Defendant in the judgment: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, FA, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 5. Name and address of every other person who has any record lien on the property: Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 209 1/2 South Second Street Wormleysburg, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: MICHAEL 7Esquire 06-26302 r-3? 0 i SHAPIRO & DeNARDO, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS CUMBERLAND COUNTY PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANTS VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendant(s) by certified and regular mail, to the last known address of said Defendant(s) as follows: Kenneth Green a/k/a Kenneth E. Green, 209 1/2 South Second Street, Wormleysburg, PA 17043 on October 20, 2008 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsif/i}cation to authorities. DATED: gl SHAPIRO & DENARDO, LLC BY: Lisa Kosik Legal Assistant 06-26302 m (Domestic Only; ? Insurance Coverage Prowdej co (Domestic Only; ? insurance ? Provided) r-1 ra r-1 J ? Postage $ rl Postage $ # y? O dStl , M Certified Fee ` lyd. p Certified Fee d ,{??irtl+p?? a p P mark Return Receipt Fee yo p Return Receipt Fee C3 (Endorsement Required) Q Here 0 p (Endorsement Required) 0 f l? E3 Restricted Delivery Fee p 4 p (Endorsement Required) /a Restricted Delivery Fee C3 (Endorsement Required) eY ;A , CO 43 Total Postage & Fees is a ?d d- . D Total Postage & Fees ?, `v7 ASS fU 171- Sent To Sent To C3 Street, Apt No.; C3 or or PO Box No. or PO Box No. 6r??+c '•° O_Apt. .?_i.0q _ ?..._ °-.. City, State, Z/P+ City, S , ZIP+ 'PS Fat m 3800, AUgLl?t 2006 U,3. POSTAL SERVICE CERTIFICATE OF MAILING stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT and PROVIDE FOR INSURANCE-POSTMASTER of urrent Received From: Shapiro ann??. LLC 3600 Horizon Drive Ste. 150 o N u?wr?as King Of Prussia, PA 19406 N 9 A n N One piece of ordinary null addressed to: u7 Kenneth Green ally/a Kennet E ,rPPn 6 Adams Street -4 T Fnola, PA-17025 N ?r?lY O Q '^ PS Form 3817, January 2001 rn co 0 U.S. POSTAL SERVICE CERTIFICATE OF MAILING In stamp W and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ure of PROVIDE FOR INSURANCE-POSTMASTER ffpqmm currant Received From: T Shapiro an- , LLC j 0 3600 _Horizon Drive, Ste. 150 N A King Of Prussia, PA 19406, One piece of ordinary mail addressed to: ? I ?`f s Kenneth Green a/k a Kenneth Green' t2o T 209 1/2 South Second treet Wormlasburga PA 17043 p o o PS Form 3817, January 2001 ?+. M r" tr , C C1 r" 1 SHAPIRO & DeNARDO, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar #93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-26302 Washington Mutual Bank, FA PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) NO: 06-1434 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on January 23, 2008, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DENARDO, LLC BY: '4 el&l Lisa Kosik Legal Assistant 06-26302 o 0) MD ?o904 NN D) ? NN W Z02O N r p co v Q d Qo s o ° 60OZ Z a= G a ? L U n.`OEc???' EWO$? ? ?$oWO y a?.8S8?o C H ? C E L . c 0 00 a?i ? € O y a o $ ; E a7 Q ?v) w 46 10 r b ~ H € O > O p b q 0 o m L) 2 m 'D ? V U E 4) r p> a 0 ` o x n UUa Ll ?z F-? 3 U? N U c a? ?o O a a, E N -" z N b ,> vzA .? ? N a? A N y O ? N E C O Z fV cri 14 1000H ui Pe;ou a2! IPueH ?rzioedq mamuil uon ei IP?: AjeAII C6 C 0 C E v a •c a N C a C O a m O Y C a a r ar E y U a? o ?o Em z? a 0 `-4 0 N f0 N U. a n o CO A c I E o z LL o h a F- J Q o ; iaaab in;aa „ 0O ? an.10 pe;ola as •rN a } oZ ° d s Bu opus elaadg !?'a N o o u i;BLUAI u03 as t t? Q o u01; waI;uo d V Q w ?, - (D d ?iS ??i0o 3 ?E N d ? W H d c N a c c m O a c c m o d w Lr E p? ? aU 8 U m ? EinEE N as ???? w by Q 0 N G o C = E z N o +- (n 0 00 ????? Q O O CQ a N .a c N ?p U) U O J 17' :) U) b > Q Z O . Q N Q N ? 1 A o 0??3 1.0 O m°0 5 C Z (n M (n ?4 N M v ui (O fl- C6 G C 0 C 0 E m l9 M V Q V .C a 8 C a C a0 m 0 Y C 1 Cl ppE U 8 I, 0 G " a C o N ? N (9 2 (L r A ? M c d y H a J X( _. Al) SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # Attorney I.D. No 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & D FILE NO. 06-26302 Washington Mutual Bank, N.A PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANTS 202929 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 PRAECIPE TO MARK THE JUDGMENT TO THE USE OF WELLS FARGO BANK. NA TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of "Wells Fargo Bank, NA" as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. SHAPIRO & DENARDO, LLC BY: Michael J. Clark, Esquire DATED: March 3, 2009 J( SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # Attorney I.D. No 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & D FILE NO. 06-26302 Washington Mutual Bank, N.A PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANTS 202929 COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 CERTIFICATION I hereby certify that I have served a true and correct copy of this Praecipe to Mark Judgme t o the Use of WELLS FARGO BANK, NA and the papers attached thereto on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Dated: 4r SHAPIRO & DENARDO, LLC BY: V-" V ?- Michael J. lark, Esquire ? 1 W . t N %iLb 3 z? c.? ?- Washington Mutual Bank, FA VS Kenneth Green a/k/a Kenneth E. Green In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1434 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on November 20, 2008 at 1840 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: Kenneth Green a/k/a Kenneth E. Green, by posting the premises located at 209 1/2 South Second Street, Wormleysburg, Cumberland County, Pennsylvania with the said true and correct copy of the same, according to law. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2009 at 1600 hrs, he served a true copy of the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, upon the within named defendant, wit: Kenneth Green a/k/a Kenneth E. Green, by making known unto Kenneth Green personally at 209 1/2 South Second Street, Wormleysburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 12, 2009 at 1612 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth Green a/k/a Kenneth E. Green located at 209 1/2 South Second Street, Wormleysburg, 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: Kenneth Green a/k/a Kenneth E. Green, by regular mail to his last known address of 209 1/2 South Second Street, Wormleysburg, PA 17043. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Poundage 18.12 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 57.60 Levy 15.00 Surcharge 20.00 Posting 6.00 Postpone sale 40.00 Law Journal patriot News Share of bills So Answers: R. Thomas Kline, 5henff Y?Y Real Estate coordinator 355.00 334.58 15.52 924.32 4,1J2.1 D9 9 , C? C7 -n _ Q7 "} N rr. y ?k .,) tm & . mac. --7 p / 7 3 ? 4 48. 2 SHAPIRO & DENARDO, LLC BY: MICHAEL, J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HOI IZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANT ; AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 209 1 /2 South Second Street, Wormleysburg, PA 17043. Name and addresses of Owner or Reputed Owner Kenneth Green a/k/a Kenneth E. Green 209 1/2 S,uth Second Street WormleN sburg, PA 17043 Kenneth Green aik/a Kenneth E. Green 6 Adams St. r nola, PA 17025 2. Name and addresses of Defendant in the judgment: Kenneth Green aik/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank, FA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, FA, Plaintiff 1210 Northland Drive, Suite 200 Mendota Heights, MN 55120 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 209 1/2 South Second Street Wornileysburg, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC i 1 ?s BY: MICHAEL J. CLA squire 06-26302 SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. ; Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANTS ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth Green a/k/a Kenneth E. Green 6 Adams St. Enola, PA 17025 Your house (real estate) at: 209 1 /2 South Second Street, Wormleysburg, PA 17043 47-20-1858-165 is scheduled to be sold at Sheriffs Sale on March 4, 2009 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $75,661.48 obtained by Washington Mutual Bank, FA against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find,out the price bid by calling (610) 278-6800. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390 . 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten () 0) days after the date of filing of said schedule. 10. You ma} also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOIJ SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26302 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: 4 BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002,. in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-1434 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To latisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, Plaintiff (s) From KENNETH GREEN a/k/a KENNETH E. GREEN (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 $75,661.48 L.L. Interest from 2/07/07 to 3/04/09 is -- $8,432.98 Atty's Comm % Due Prothy $2.00 Atty Paid $1,205.19 Other Costs Plaintiff Paid Date: 9/29/08 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & KREISMAN, LLC 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 Real Estate Sale #45 On November 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 209 1/2 South Second St., Wormleysburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated. herein. Date: November 14, 2008 By: b Real Este er er g L0:E d 0Ed3Sow ltd `,kjNjjGJ i dla:i -44143149 3HI j0 30uj0 L TIP Patriot-News Co. 812 Market St. Harrisburg, PQ 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 date(s) indicated below. 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 REAL ESTATE SALE NO. 45 Writ No. 2006-1434 Civil Term Washington Mutual Bank, FA VS Kenneth Green a/k/a Kenneth E. Green Attorney Michael Clark LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Womtleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast comer of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall. North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point: THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg. Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife. by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854. granted and conveyed unto Kenneth E. Green. single. This ad ran on the date(s) shown below: 01/21/09 01128/09 02/04/09 ........... .......... Sworn to and &bscribed before me this 25 day of February, 2009 A.D. Notary Public vl? SheR101 . f':i;:,, ,;tiyPUUIC { Cky Of Harn ... ?ry?? "-_! moo"^• issi „i t, ;'r.:,hin County 9 1'10V.26,20111 Member, Pennsy-, i-rtun of Notules 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: January 30, February 6, and February 13, 2009 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. y ?sa Marie Coyn V Editor SWORN TO AND SUBSCRIBED before me this 13 day of Febru 13 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My CommisSion Expires Apr 28, 2010 RX&L 99T&i 8" 90. 45 Writ No. 2006-1434 Civil Washington Mutual Bank, FA VS. Kenneth Green a/k/a Kenneth E. Green Atty.: Michael Clark ALL THAT CERTAIN tract or Parcel of land and premises, situ- ate, lying acid being in the Borough of Wwva in the County of Cumberland and Ca wealth of PeansytVania, more particularly described as . Bgt3II! NIM at a paint on Second Street, said point being Mighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Sev- enteen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Penn- sylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, pap 2854, granted and conveyed unto Kenneth E. Green, single. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-1434 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From KENNETH GREEN A/K/A KENNETH E. GREEN (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 gamishee(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 $75,661.48 L.L. Interest February 7, 2007 to December 9, 2009 is $11,552.18 Atty's Comm % Due Prothy $2.00 Atty Paid $2161.51 Plaintiff Paid Date: 7/8/09 (Seal) Other Costs urtis R. Long, Protho otar By: REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQ. Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: Deputy Supreme Court ID No. 202929 aj CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Caption: Wells Fargo Bank, N.A. PLAINTIFF vs. () Confessed Judgment () Other File No. (-o ly 3Lf Amount Due $75,661.48 Interest February 7, 2007 to December 9, 2009 is $11,552.18 Atty's Comm Costs Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) 'described in the attached exhibit. Date: lD ! 2,y I U7 Signature: Print Name: Michael . Clark Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 THE 'EARY 5? - So (? ip, r q.00 ,e I,5-60 fs G V e, S5,q• 13 N 'q? ak '•' -75, aN << 11) aU ` sl? - lb 11 4,7p jzu C6 ,?c t,"-t F-(S ? SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-26302 Wells Fargo Bank, N.A. PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Kenneth Green a/k/a Kenneth E. Green DEFENDANT(S) NO:06-1434 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Wells Fargo Bank, N.A.W08 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 and that the last known address(es) of the judgment debtor (Defendant(s)) is: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Kenneth Green a/k/a Kenneth E. Green 6 Adams Street Enola, PA 17025 SHAPIRO & DENARDO, LLC BY: Michael J. lark, Esquire Attorney r Plaintiff 06-26302 TILE OF TFr 2CO9 JUL -8 Phi 3: k 7 ti SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-26302 Wells Fargo Bank, N.A. PLAINTIFF vs. Kenneth Green a/k/a Kenneth E. Green DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 209 1/2 South Second Street, Wormleysburg, PA 17043. Name and address of Owner(s) or Reputed Owner(s) Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank, N.A.W08 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 d 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 209 1/2 South Second Street Wormleysburg, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Michael J. Park, Esquire 06-26302 FILEC 01 TF;r c A 2OG9 ,'1" -8 Ph 3: 147 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-26302 Wells Fargo Bank, N.A. COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Your house (real estate) at: 209 1/2 South Second Street, Wormleysburg, PA 17043 is scheduled to be sold at Sheriffs Sale on December 9, 2009 at I0:00am, in Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $75,661.48 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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. 2. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26302 ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. 'ter ?•F{L riA7Y 2009 !U _3 P ? 3.4 cued, SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-26302 Wells Fargo Bank, N.A. PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-1434 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Wells Fargo Bank, N.A., hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on October 21, 2009, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: Y" "l M/'' Lisa Kosik Legal Assistant 06-26302 O `T? sa Cq rn . ?o F 2 Q ?yy r. O us • . ? r? _ I LLJI I/Nn 1a0ab uan4em aniIaa p0431a ou ipueH ?eioiaft u .;ewai u03 as ;eufiIg u01; LUJI;uo /Cjem a -.D (6 C Y? a) V Q w D En C2 ) N G C C a) c E M o ina°'mmp10? ° a) x y . d a1 LL a O N - ° c ? t N ? C O a C a) O _a O 0 c? U 0 U N cd o? m a, a? E a N O f? N E 0 = 0 w J-+ U U ? O O ? ? O ~ ~ U_ O J.+ ,?y O - V M Z O bA O O U U .-, O L. + dU I'.' E y p (D O .a F? F-?I W? tf m0wx. N N n'r it oz O N i. O N CL UJ ??? Q O L) ?? Z 8 0 O HN3 ? ° 3 c f n U o O dl z (n O a? > Q N 'b . py i. ?zQ ? a N (V cu 0 a).°xkn o ,6 E oo e? aD o Z V1 'm cn . C6 L6 o6 N d C O C E d W V Q 1 a d C d a C O CL O n Q m N C Y C V y 0 3 E a m H Z N ? CL d d y E E C o U N a) ?? a0 o 0 o r d a? m o? a z N a O O 0 a) N as M LL a ti ° co v c E O z LL z ? o N a J Pf ill 2CC' 9 ?'"'.' 12 ri 13 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-26302 Wells Fargo Bank, N.A. PLAINTIFF VS. Kenneth Green a/k/a Kenneth E. Green DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-1434 VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendant by certified and regular mail, to the last known address of said Defendant as follows: Kenneth Green a/k/a Kenneth E. Green, 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025 on July 20, 2009 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: t 64 SHAPIRO & DeNARDO, LLC BY: j i'?1Grd? Lisa Kosik Legal Assistant 06-26302 arc is Y( SHAPIRO & KREISMAN, LLC BY: ILANAZION ? -y Qo ATTORNEY I.D. NO: PA Bar # 87137 u 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-26302 Washington Mutual Bank, FA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. NO: 06-1434 Kenneth Green a/k/a Kenneth E. Green DEFENDANT ORDER AND NOW, this _L?_, day of , 2006 upon consideration of Plaintiffs Motion For Service Pursuant To Special Order of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the, Complaint in Mortgage Foreclosure, Notice of Sale and all said subsequent pleadings by certified mail and regular mail to the last known addresses of the Defendant, Kenneth Green a/k/a Kenneth E. Green, only which are 209 1/2 South Second Street, Wormleysburg, PA 17043 and 6 Adams Street, Enola, PA 17025, and the Sheriff, Marshal or other appropriate party has posted a copy of the Complaint in Mortgage Foreclosure, Notice of Sale or said subsequent pleading on the most public part of the property located at 209 1/2 South Second Street, Wormleysburg, PA 17043, which is the subject of this action in mortgage foreclosure. T" LMY FROM the ?. ! h A unto set WN ham, s+" of saw C ' ;arlisle P BY THE COURT: pry , L _ 1 r I-v J. U.S. POSTAL SERVICE CERTIFICATE OF MAILING 1 Affix fee here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From; 1 (3 i"i Shapiro and Kreisman LLC 3600 Horizon Drive Ste 150 . ` 0202009"1 N King Of Prussia, PA 19406 One piece of ordinary mail addressed to; D ID r\) UNIrFa Kenneth Green a/k/a Kenneth E reen S 6 Adams Street ' C) a - nola, PA 17025 z ea '= o PS Form 3817, January 2001 'Q rn N.,,i s O rn (n U.S. POSTAL SERVICE CERTIFICATE OF MAILI MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, D07° PROVIDE FOR INSURANCE-POSTMASTER Received From: x JUL Shapiro and Kreisman LLC Wo 2009 3600 Horizon Drive Ste. 150 King Of Prussia, PA 19406 One piece of ordinary mail addressed to: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 PS Form 3817, January 2001 (Domestic Mail C ' For delivery inform M Ln .0 Postage $ jC - 1171- Certified Fee r" ru p O Return Receipt Fee Postmark Q (Endorsement Required) Here C3 Restricted Delivery Fee I3 (Endorsement Required) rU Total Postage & Fees $ ?o M ent to S`treei,Apt No.; E3 or PO Box No. -? 1-- l- u =- tty State, Z) ?N ?if (I ?n .? (1 ? PA j 70 ?3 PS Form 3800, ALIgust 2006 See Reverse for Instructions UNItE-D o N sr r 9? rri ? rn N ILI ? "C: O r o rn (o N j m p O N O O ? m (n U.S . Post al Ser viceT NI CE RTIF IED MAIL ,. REC EIPT (Do mestic M ail Only ; No Ins urance C overage Provided) For d in elivery formatio n visit o ur website at www.usps.com(G M Ln IL I Ll C3 Return Receipt Fee C3 (Endorsement Required) C3 Restricted Delivery Fee (Endorsement Required) fa M rU Total Postage & Fees m ro ? 03 Sfieef, i3pt. No T or PO Box No. --------------- Postmark Here Postage Certified Fee 3i r RY 2C0?, t` i 2 F i t: 13 11? a?a?tt?nK ion SZ7??aQ ?uav?d 3g0 k2d SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff }?", p{ :"_?ilns,r 1FI Jody S Smith ' Chief Deputy Zu i t" Edward L Schorplp Solicitor Wells Fargo Bank Case Number vs. Kenneth Green 2006-1434 SHERIFF'S RETURN OF SERVICE 09/24/2009 08:56 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09/24/09 at 2055 hours, he posted a I'rue copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth Green, located at, 209 & 1/2 South Second Street, Wormleysburg, Cumberland County, Pennsylvania according to law. 10/19/2009 06:25 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 10/19/09 at 1825 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: Kenneth Green, by posting the premises pusuant to Court Order at: 209 & 1/2 South Second Street, Wormleysburg, Cumberland County, Pennsylvania, its contents. 12/08/2009 Property sale postponed to 3/3/2010. 03/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Michael Clark on 3/2/10 SHERIFF COST: $741.44 March 05, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF i SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-26302 Wells Fargo Bank, N.A. PLAINTIFF vs. Kenneth Green a/k/a Kenneth E. Green DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-1434 AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, N.A., Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 209 1/2 South Second Street, Wormleysburg, PA 17043. 1. Name and address of Owner(s) or Reputed Owner(s) Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 1,7043 2. Name and address of Defendant(s) in the judgment: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank, N.A.W08 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Borough of Wormleysburg 20 Market Street Wormleysburg, PA 17043 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, N.A., Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 209 1/2 South Second Street Wormleysburg, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: V, ? Michael J. lark, Esquire 06-26302 a SHAPfRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-26302 Wells Fargo Bank, N.A. COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Kenneth Green a/k/a Kenneth E. Green NO: 06-1434 DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth Green a/k/a Kenneth E. Green 209 1/2 South Second Street Wormleysburg, PA 17043 Your house (real estate) at: 209 1/2 South Second Street, Wormleysburg, PA 17043 is scheduled to be sold at Sheriffs Sale on December 9, 2009 at 10:00am, in Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $75,661.48 obtained by Wells Fargo Bank, N.A. (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 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. 2. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILI. BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A ]LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE, OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-26302 ALL TliAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described ,as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall, North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Seventeen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Pennsylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-1434 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. Plaintiff (s) From KENNETH GREEN A/K/A KENNETH E. GREEN (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 $75,661.48 L.L. Interest February 7, 2007 to December 9, 2009 is $11,552.18 Atty's Comm % Due Prothy $2.00 Atty Paid $2161.51 Plaintiff Paid Date: 7/8/09 (Seal) Other Costs Curtis R. Lo , ro honota By: Deputy REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQ. Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: Supreme Court ID No. 202929 Real Estate Sale # On August 19, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Wormleysburg, Cumberland County, PA Known and numbered as, 209 & 1/2 South Second Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 19, 2009 ?Q???oo ??? JOY) R Est't?"Crdinator PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 23, October 30 and November 6, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, E itor SW6YM TO AND SUBSCRIBED before me this 6 day of November, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2006-1434 Civil Wells Fargo Bank, N.A. vs. Kenneth Green,a/k/a Kenneth E. Green Atty: Michael J. Clark ALL THAT CERTAIN tract or Parcel of land and premises, situ- ate, lying and being in the Borough of Wormleysburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on Second Street, said point being Eighty-Two (82) feet from the Northeast corner of South Second Street and Third Avenue; THENCE along the line of South Second Street, North 43 degrees West Seventeen and Nine Tenths (17.9) feet to the center of a party wall; THENCE along said party wall. North 47 degrees East One Hundred Five (105) feet to a point; THENCE South 43 degrees East Sev- enteen and Nine Tenths (17.9) feet to a point; THENCE along the said line of land, South 47 degrees West One Hundred Five (105) feet to the Point and Place of Beginning. HAVING THEREON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wormleysburg, Penn- sylvania. BEING THE SAME PREMISES which Clinton Archer and Evelyn Archer, husband and wife, by Deed dated April 30, 2002, and recorded in the Cumberland County Recorder of Deeds Office on May 03, 2002, in Deed Book 251, Page 2854, granted and conveyed unto Kenneth E. Green, single. The Patriot-News Co. 8112 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 ZhePatriot News Now you know CUMBERLAND CO. SHERIFF=S OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Leslie Kramer, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 sworn to and subscribed before me this 16 ay November, 2009 A.D. \ (: Notary Pubic COMMONWEALTH Or PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Warrisiaurg. Dauphin County d My Connmtsstori wirer Nov. 26, 2011 11/06/09 Member, Pennsylvania Association of Votaries 4M No. 2006.1484 CWN Term W*ft POW 20t, N.A. Va KIM118 h Green, AAtt Kenneth E. Given Atty- Michael J. Clark AIL THAT CERTAN tract or Parcel of land aW ptednises, situate, lying and being in the Bomuglr of Wormleysburg in the County of Cumberland and Commonwealth of l oosylvanw, more pudcularly described as follows:., BEGONNO; 9 a point on Second. feet, said paint being Eighty-Two (82) feet from the Northeast corner of South Second Street- and Third Ayenue; THENCE along the line of South Second Sheet, Mod 43 degrees West Seventeen and Nine. Tenths (17.9) feet to the antra of a patty,waq; THENCE along said patty wall, North 47 degrees East One A ndre8 Five (105) feet to a point; THENCE South 43 degrees East Seventeen aid Nine Tenths (17.9) feet to a point; THENCE along the said line of land, south 47 degrees West One Hundred Five (105) feet to the Point ad Place of Beginning.. HAVU40 THEtP.ON ERECTED a two story frame dwelling house known and numbered as 209 1/2 Second Street, Wonnleysburg, Pennsylvania. Axbw of Bwfp Archer, hasisal it y Dead iced Aim waif ?sMiatt in the C rNa lagDeedswee on May 03, 2002, in Deed Book 251, Page 2654, granted and conveyed unto Kenneth E. Green, single.