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HomeMy WebLinkAbout06-4446PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 137129 JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM /J NO.04. --41I1L (2I L Q7?Z ? CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 137129 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File#? t37129 Plaintiff is JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 03/13/1978 IVAN E. & CLAIRE L. REMPEL made, executed and delivered a mortgage upon the premises hereinafter described to COMMONWEALTH NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 638, Page: 29. By Assignment of Mortgage recorded 07/14/2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 699, Page 2028. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. Me M 137129 6. The following amounts are due on the mortgage: Principal Balance $12,082.36 Interest 521.55 02/01/2006 through 08/02/2006 (Per Diem $2.85) Attorney's Fees 1,250.00 Cumulative Late Charges 89.80 04/01/1978 to 08/02/2006 Cost of Suit and Title Search 550.00 Subtotal $ 14,493.71 Escrow Credit -856.05 Deficit 0.00 Subtotal $- 856.05 TOTAL $ 13,637.66 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 13,637.66, together with interest from 08/02/2006 at the rate of $2.85 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA9/s/Franc INNAAN & SCHMIIEGGLLPBy: is S.Halgin=4400C LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 137129 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No. 156, Section No. 7 and Lot No. 157, Section No. 8, Point Ridge Farms; thence along the said line South seventy degrees forty-four minutes zero seconds West (S 70 degrees 44 minutes 00 seconds W), 135 feet to a point; thence North thirty-five degrees fifty-one minutes zero seconds West (N 35 degrees 51 minutes 00 seconds W), 105 feet to a point on the line dividing Lots Nos. 157 and 158; thence along the said line North fifty-seven degrees eighteen minutes thirty seconds East (N 57 degrees 18 minutes 30 seconds E), 169.60 feet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South nineteen degrees sixteen minutes zero seconds East (S 19 degrees 16 minutes 00 seconds E), 140 feet to a point, the place of BEGINNING. BEING Lot No. 157, Section No. 8, Point Ridge Farms, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 23, Page 196. HAVING THEREON ERECTED a dwelling known and numbered as 240 East Lauer Lane. File #: 137129 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAIN'T'IFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that;this statement is made subject to the penalties of IS Pa. C.S. Sec. 4904 relating to unsworn falsification. to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: i `. as w -? .` IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JP MORGAN CHASE BANK, ET.AL., CIVIL ACTION Plaintiff Case No.: 06-4446 Civil Term V3. 4'f% IVAN E. REMPEL and CLAIRE L. REMPEL, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $5,500.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiffs complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick,\r Esquire v P.O. Box 644, Murrysville, PA 1 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. CERTIFICATE OF SERVICE I certify that on the 16th day of August, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 s (!I Frank E. Yourick, Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 N CC) Al -Ty Yi O -G SHERIFF'S RETURN - REGULAR CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REMPEL IVAN E the DEFENDANT , at 1617:00 HOURS, on the 8th day of August 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13 . 2 0 Affidavit .00 1?: P Surcharge 10.00 R. Thomas Kline .00 41.20,/ 08/09/2006 tjQtij7 , /- PHELAN HALL IN H )EG Sworn and Subscibed to By: before me this day V Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR 1 CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon REMPEL CALIRE L the DEFENDANT , at 1617:00 HOURS, on the 8th day of August , 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 08/09/2006 C}?? 90,T/0? PHELAN HALLINAN HM EG Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T.TTa T TITTj?n riUTTT T T C rrVTTC2rrWW the DEFENDANT , at 1617:00 HOURS, on the 8th day of August 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00? 08/09/2006 4' ?S?UL PHELAN HALLINAN MIEG Sworn and Subscibed to By: before me this day eputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUBIN JOSEPH AS TRUSTEE the DEFENDANT at 1617:00 HOURS, on the 8th day of August , 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00,/ 08/09/2006 n q p qU,? PHELAN HALLINAN HM EG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 5) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff VS. Ivan E. Rempel Claire L. Rempel Dean A. Weidner, As Trustee Joseph Rubin, As Trustee 240 East Lauer Lane Camp Hill, PA 17011 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-4446 Civil Term Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. 3. Defendant has admitted that the mortgage is in arrears in paragraph two (2) of their Answer. Therefore, summary judgment is appropriate as is further addressed in Plaintiff's attached Brief. 4. Pennsylvania Rule of Civil Procedure 1029 provides that averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. 5. Defendants, Dean A. Weidner and Joseph Rubin, have failed to file an Answer to the Complaint, and Plaintiff has entered a default judgment against them. A true and correct copy of Plaintiffs Praecipe for Judgment is attached hereto, incorporated herein by reference, and marked as Exhibit G. 6. Defendants, Ivan E. Rempel and Claire L. Rempel, have filed an Answer to the Complaint in which they have effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. In their Answer, Defendants failed to deny the default, amounts due, mortgage and Plaintiff's compliance with Act 6 of 1974 and Act 91 of 1983, therefore they are deemed to have admitted all allegations of Plaintiffs Complaint. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint and Defendants' Answer are attached hereto, incorporated herein by reference, and marked as Exhibits C and D, respectively. Defendants have failed to sustain their burden of presenting facts, which contradict the averments of Plaintiffs Complaint. Defendants executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 638, Page 29, is attached hereto, made part hereof, and marked Exhibit A. 10. By Assignment of Mortgage recorded July 14, 2003, the Mortgage was assigned to JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact, which Assignment is recorded in Assignment of Mortgage Book No. 699, Page 2028. A true and correct copy of the Assignment to JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact is attached hereto, incorporated herein by reference, and marked as Exhibit Al. 11. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendants a letter notifying them of their default and of Plaintiffs intent to foreclose. True and correct copies of the letters are attached hereto, made part hereof, and marked Exhibit E. 12. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendants have failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Defendants. True and correct copies of the Notice of Homeowner's Emergency Mortgage Assistance Program are attached hereto, made part hereof, and marked Exhibit E. 13. In their Answer, Defendants have alleged that the amount necessary to cure the arrears is $5,500.00, which should be paid within ninety (90) days. Defendants are incorrect and has produced no proof in support of their allegations. 14. Plaintiff provided Defendants with a reinstatement quote and a payoff figure on August 10, 2006 and August 25, 2006, respectively, but Defendants have failed to cure their arrears and / or payoff their loan. The amount necessary to bring the Mortgage current through September 1, 2006 was $9,232.14. True and correct copies of Plaintiffs reinstatement quote and payoff figure are attached hereto, made part hereof, and marked as Exhibit F. 15. Dean A, Weidner and Joseph Rubin are named as Defendants due to the fact that they are the real owners of the Proeperty by virtue of Deed from Ivan Rempel and Claire Rempel to Dean and Joseph recorded on January 23, 1992. Pa. R.C.P. 1144. True and correct copy of the Deed is attached hereto made part hereof and marked as Exhibit H. 16. Defendants allegations are not a defense to the foreclosure action. Defendants have the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale. 17. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for sheriffs sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief. WHEREFORE, Plaintiff respectfully requests that an in =judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Sheetal R. Shah-Jani, sq 're Attorney for Plaintiff EXHIBIT A t-7-1445 r7 t MORTGAGE ' I THIS MORTGAGE is made this........... ;> ..............day of........... JUrch....... :..._._. .. 19..7$.., between the Mortgagor, lSTAN..E....REMPEI+..euafl..GX.Ax .. {+x...?i 8.:(4i< . ...............- _ .............. . .. ........._.- .......... ._ (herein 'Borrower"), and the Mortgagee, Commonwealth National Bank, a corporation organized and existing under the taws of the United States, whose address is 10 So. Market Square, Harrisburg, Pannsylvnian (herein "Lender"). WHI!m Borrow 7r i Inds led t Lender in the principal sum of AND OU/ 1?0----- $....3.. r.... .08), Dollars, which indebtedness is evidenced by Borrower's note of ...... ......... even date herewith (herein "Note"), providing for monthly installments of rlncipal and interest, with the balance of the indebtedness, If not sooner paid, due and payable on _J px3 };,,1.-..2QOi3 To SOCURE to' Lender (a) the repayment of the indebtedness evidenced by the Note, with interest thereon, the payment of all other sums, with interest thereon, advanced in accordance herewith to protect the security of this Mortgage, and the performance of the covenants and agreements of Borrower herein contained, and (b) the repayment of any future advances, with interest thereon, made to Borrower by Lender pursuant to paragraph 21 hereof (herein "Future Advancei"), Borrower does hereby mortgage, grant and convey to Lender the following described property located in the County of #?441PP9>!__Rah,?,l1:., State.of Pennsylvania: .BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No, 156, Section No. 7 and ;riot No. 157, Section No. S. Point Ridge Farm ; thence along the said line South 70 degrees 44 minutes West, One Hundred Thirty Five (135) feet.to a point; thence North 35 degrees 51 minutes Wesc, One Hundred Five (105) feet to a point on the line dividing Lots Nos. 157 and 158; thence Along the said line North 57 degrees,• 18 minutes 30 seconds East, One Hundred Sixty Nitie and Sixty One Hundredths (169.60) faet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South 19 degrees 16 minutes East, One Hundred Forty (140) feel: to a point, the place of BEGINNING. BEING Lot No. 157, Section No. 8, Point Ridge Fortes, said Plan being recorded in the Cumberland County Recorder's Office in Plan'Book 23, Page 196. HAVING THEREON.erected a dwelling known and numbered as 240 East Lauer Lane. BEING the same premises which Keeley R?alty. Inc., a Pennsylvania Corporation, by its deed dated the / May of March, 1978 and recorded in the Office of the Recorder o Deeds, granted and conveyed unto. Ivan Edward Rempel and Claire Louise Rempel, his wife, MORTGAGORS, and Parties of the First Part herein. UNDER AND SUBJECT to the protective covenants, restrictions and reservations recorded in Cumberland County Masc. Book 210, Page 888. ToGeTHER with all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water, water rights, and water stock, and all fixtures now or hereafter attached to the property, all of which, including replacements and additions thereto, shall be deemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate in the event this Mortgage is on a leasehold) are herein referred to as the "Property". Borrower covenants that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, that the Property is unencumbered, end that Borrower will warrant and defend generally the title to the Property against all eiaims.and demands, subject to any ease- ments and restrictions listed In a schedule of exceptions to coverage In any title insurance policy -insuring Lender's Interest'in the Property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: t.'Psyment of Principal and inte.ast. Borrower shall promptly pay when due the principal of and interest on the indebtedness evidenced by the Note, priswyment and late charges as provided in the Note, and the principal df and interest on sny Future Advencos secured by this Mortgage. 2. Funds for Taxes and Insurance. Subject to Lender's option under paragraphs 4 and 5 hereof, Borrower shall pay to Lender on the day monthly Installments of principal and Interest are payable under the Note, until the Note is paid In full, a sum (herein ".Funds") equal to one-twelfth of rho yearly taxes and assessments which mqy attain priority ever this Mortgage, and ground rents on the Properly, if arty, plus one-twelfth of yearly premium Installments for hazard insurance, plus one- twelith of yearly premium Installments for mortgage Insurance, If any, ell as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. The Funds shall be held in an lnsritu- tidn the deposits or accounts of which are Insured or guaranteed by a Federal or state agency, tincluding Lender If Lender Is such an institution). Lender shall apply the Funds to pay sold taxes, assessments, ittsurancs premiums and ground rends. Lender shall make no charge for so holding and applying the Funds or verifying and compiling said assessments-and bills. Borrower . PENNSYLVANIA . MI4UMC . 3,1314 - t C. ? F„nlly BOOK 638 PACE 29 01/V0 39Vd 21321HD?j 11V9 ZOVOLOZLSL 9V:151 900Z/ZE/80 and Lender may agree in writing at the time of sxecutioti of this Mortgage that Interest on she Funds shall. be paid to j Borrower, and unless such agreement Is made, Lender shall not be-required to pay Borrower any interest on the Funds. Lendw shall give to Borrower, whhout chasrge. an annual accounting of the Funds showing credits and debits to the Funds i and the purpose for which each debit to the Funds was made. The•Funds are pledged as additional security for the sums { secured by this Mortgage. i If the amount of the Funds held by Lender, together with the future monthly installments of funds payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, shall exceed the amount required to pay said taxes, assessments, Insurance premiums and ground rents as they fall duct, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly installments of Funds. I f the amount of the funds held by I Lender shall not be sufficient to pay taxes, assessments, Insurance premiums andpround rents as they fall due, Borrower shall 1 pay to Lander any amount necessary to make up the deficiency within thirty days after notice from Lender to Borrower ; requesting payment thereof, i Upon payment In full of all sums secured by this Mortgage. Lander shall promptly refund to Borrower any Funds held by Lender. . If under paragraph 18 hereof the Property is sold or the Property is otherwise acquired by Lender, Lender shall apply, no later then Immediately prior to the sale of the Property or Its acquisition by Lander, any Funds held by Lender at the time i of application as a credit against the sums eetured by this Mortgage. ; 3. Application of Payments. Unless applicable lava provides otherwise, ail payments received by Lender under the Note S and paragraphs t and 2 hereof shall be applied by Lender first in payment of amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note and on Future Advances, if any, and then to the principal of the Note and to the principal of Future Advances, if any. 0. Charon: Liens. Borrower [hall pay nil taxes, assessments and other charges, fines and impositions.attributable to the Property which may attain a Prlorlty over this Mortgage, and ground rants. If any, at Lender's option In the manner provided under paragraph 2 hereof or by Borrower making payment, when due, directly to the payee thereof, Borrower shall promptly • ; furnish to Lander. all notfc" of amounts due under this paragraph, and In the event Borrower shall make payment directly, ? Borrower shall promptly furnish to Lender receipts evidencing such payments. Borrower shall promptly discharge any lien which has priority over this Mortgage: provided, that Borrower shall not be required to discharge any such lien so long as Borrower shalt agree in writing to the payment of the obligation secured by iuoh lien in a manner acceptable to Lender, or shall In good faith contest such lien by, or defend enforcement of such Ilan in, legal proceedings which operate to prevent the, ; enforcement of the lien or forfeiture of the Property or any part thereof, i S. Hatard Insurance. Borrower shall keep the.lrtiprovemenis now existing or hereafter erected'on the Property insured against loss by fire, hazards included within the term "extended coverage", and such other hazards as Lender may require and in such amounts and for such periodt as Lender may require; provided, that Leodor shall not require that the amount of such coverage exceed that amount of covarage required to pay the sums secured by this Mortgage. The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by Lander. provided, that such approval shall not be unreasonably withhold. All premiums on Insurance policies shall be paid at Lander's option in the manner provided under paragraph 2 hereof or by•Borrower making payment, when due, directly to the insurance carrier. All insurance policies and renewals thereof shall be In formaeeaptable to Lender and shall include a standard mortgage clause In favor of end in form acceptable to Lander. Lender shall have the right to hold the policies and renewals thereof, and Borrower shall promptly furnish to Lender all ranpwit notices and all receipts of paid premiums. In the event of loss. Bar• rover shalt give prompt notice to the Insurance carrier and Lander, and Lander may make proof of loss If not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, insurance proceeds chaff be applied to restoration or repair of the Property damaged, provided such restoration or repair Is economically fassible, and the security of this Mortgage is not thereby impaired. If such restoration or repair is not economically feasible or if the security of this Mortgage would bii fm• paired, the insurance proceeds shall be applied to the sums secured by this Mortgage, with the, excess, If any, paid to Borrower, 1 f the Property Is abandoned by Borrower or if Borrower faits to respond,to Lender within 30 days after notice by Lander to Borrower that the insurance carrier offers to settle a claim for insurance benefits, Lender is authorized to collect and apply the insurance proceeds at Lander's option' either to restoration or repair of the Property or to the sums secured by this mortgage. Unless Lender and Borrower otherwise agree In writing, any such application of proceeds to principal shall not extend or postpone the due date of the monthly Installments referred to In paragraphs 1 and 2 hereof or change the amount of-such installments- If under paragraph 18 hereof the Property Is acquired by Lender,, all rfght, title and interest of Borrower In and to any insurance policies and in end to the proceeds Thereof (to th¢ extent of the sums secured by this Mortgage imrnedletely prior to such sale or acgauisition) ' resulting from damage to the Property prior to the sate or acquisition shalt pass to Lender, 6. Preservation and Maintenance of Property; Leaseholdr, Condominiums, Borrower shall keep the Property in good repair and shall not permit or commit waste, Impairment, or deterioration of the Property and shall comply with the provisions of any lease, if this Mortgage iron a lanehotd. If this Mortgage Is on a condominium unit, Borrower shall perform ell of Borrower's obligatiotss undar•the declaration'of condominium or master deed, she by-laws and ragufadons•of the condeminfurn project and constituent documents, • • ' 7. Protection of Landers Security. If Borrower falls to perform the covenants and agreements contained in this Mortgage, or if any action or proceeding Is commenced which materially effects tender's interest in the Property, Including, but not limited to, eminent domain, insolvency, code enforcement, or arrangemanic'or proceedings mitilvingt bankrupt or decadent, than Lender at Lander's option, upon notion to Borrower, may make such appearances, disburse such sums and take such action a$ is necessary to protect Lender's interest, including, but not timited to, disbursement of reasonable attorney's fees end entry upon the Property to make repairs. Any amounts disbursed by Lander pursuant to this paragraph 7, with intarest thereon, shall become additional Indebtedness of Borrower secured W this Mortgage. Unless Borrower and Lander agree to other terms of payment, such amounts shall be payable upon notice from Lender to Borrower requesting payment thereof, and shall bear Interest from the dote of disbursement at the rate stated In the Note unless payment of interest at such rate would be contrary to applicable law, In which event such amounts shall beer interest at the highest rate plrmissible by applicable lane. Nothing contained in this paragraph 7 shall require Lender to incur any expense or do any act hereunder, B. irlspectlom Lender may make or cause to be made reasonable entries upon and Inspe¢1foM of VW Property, provided that Lander shall give Bbrrowar notice prior to any such inspection specifying reasonable cause therefor related to Lander': Interest in the Property. BOOK 638 , PIiSE 30 i• 1 1 i 1 ?J 01/90 3DVd 2132iH021 1IV9 Z0b0LOZ414 9b:51 90OZ/16/80 t • 9, condemnation, The proceeds of any 'award or claim for damages, direct or consequential. In connection with any condemnation or other taking of the Property, or part thereof, or for conveyance in ileu of condemnation, are hereby assigned and shell be paid to Lender. In the event of a total taking of the Property, the proceeds shell be applied to the sums secured by this Mortgage, with the exeeps, It any, paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Lender otherwise agree In writing, there shall be applied.to the sums secured by this-Moregago such proportion of the proceeds ai is equal to that proportion which the amount of the sums sacumd by this Mortgage immadiately prior to the date of taking bears to the fair market value of the Property lmmedlately prior to the date of taking, with the balance of the proceeds paid to Borrower. if the Property is abandoned by Borrower or if after notice by Lender to Borrower that the condemnor offers to make an award or settle it claim for damages, Borrower fails to respond to Lender within 30 days of the date of such notice, Lander is authorized to collect and 'apply the proceeds at Lender's option either to restoration or, repair of the Property or to the sums 'socvred by this Mortgage. Unless Lender and Borrower otherwise agree In writing, any such application of proceeds to principal shalt not extend of postpone the due date of We monthly Installments reterred to in paragraphs 1 and 2 hereof or change the. amount of such installments, 10, Borrower Nov Released. Extension of the time for payment or modification of amortization of the sums secured by this Mortgarla granted by Lander to any succoster in interest of Borrower shall not operate to release, in any manner, the liaVl;ty of thv original Borrowor and Borrower's successors in intorest. Lender shell not be required to commence proceedings against such successor or retfuso to extend time for payment or otherwise modify amortization of the sums secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's successors In Iniere;t. 11. Forbearance by Lender Not tI Waiver. Any forbae?ance by' Lender In exercising any right or remedy hereunder, or otherwise afforded by applicabla law, shall not be a waiver of or praclude the exercise of any right or remedy hereundar. The procurement of insurance or the payment of taxes or other liens or Charges. 6Y Lender shall not be a waiver of Lender's right ' 1o accelerate the maturity of the Indebtedness secured by this Mortgage, 12. Remedies Cumulative. All remedies prcv(ded'In this Mottgape "aro distinct and cumulative to any other right or remedy under this Mortgage or afforded by law or equity, anti Mov be exereisad coneurrentiyy independently or successively. 13. Successors and Assigns Bound; Joint and Several Liability; captions, The covenants and agreements herein contained shall bind, and the rights hereunder shall Inure to, the respective successor and assigns tit Lander and Borrower, subject to the provisions of paragraph 17 hereof. All covenants and agreements of Borrower shall be joint and several. The captions and headings of the paragraphs of this Mortgage ara for convenience only and are not to be wed to Interpret or define the provi- sions hereof, 14. Notice. Any notice to Borrower provided for in this Mortgage shall be given by mailing such notice by certified mail addressed to Borrower at the PropertyAddruss stated below, except for any notlee required under paragraph 18 hereof to be bivvn to Borrower In the manner prescribed by applicable law. Any notlco provided for in this Mortgage shall be deemed to hava boon given to Borrower when given in the manner Ovsignatod herein, 15. Uniform Mortgage; Governing Law; Sevarability. This form of mortgage combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. This Mortgage shall be governad liy the law of the jurisdiction in which the Propertyls located, In the event that any provision or clause of this Mortgage or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or the Note which can be given effect without the conflicting provision, and to this end the provisions of the Mortgage and the Note am- declared to be severable. •16. Borrower's Copy. Borrower shall be furnished a conformed copy of this Mortgage at the time of execution or after rotordation hereof. I i I 17. Transfer of the Property; Assumption, If At[ or any part of the Property or an Interest therein Is sold or transferred by Borrower without Lender's prior written content, excluding (a) the creation of a lien or encumbrance subordinate to this Mortgage, (b) the creation of a purchase money security interest for household appliances, tc) a transfer by devise, descent or by operation of law upon the death of a joint tenant or (d) the grant of any leasehold interest of three years or less not can. lathing an option to purchase. Lender may, at Lender's option, declare all the sums secured by this Mortgage to be Immedi- ately due and. payable. Lander shall have watvgd such option to accelerate if, prior to the sale or transfer, Lender and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satis• factory to Lender and that the interest payable on the sums secured by this Mortgage shalt be at such rate as Lender shall request. If Lander has waived the option to accelerate provided in this paragraph 17 and if Borrower's successor in interest has executed a written assumption agreement accepted in writing by Lander, Lender shall release Borrower from atf oblige, tions under this Mortgage and the Note, r• • " It Lender exercises such option to accelerate, Lender shall mail Borrower notice of acceleration. ii;accot•Aunce with' : ;c. paragraph 14 hereof, Such notice shall provide a period of not less than 30•days from the date the notice Is mailed within c- which Borrower may pay the sums declared due, if Borrower fails to pay such sums prior to the expirgt;t+n of such period, , Lender may, without further nitre or demand on Borrower, invoke any remedtss permitted by paragraph 18 hereof, ' NoN•UNIPOnsn COVINANTS. Sbrrower and Lender further covenant and agree as followsr- ., ' 16. Acceleration; Remedies. Except as'provided In paragraph 17 hereof, upon Borrower's breach of'any covenant or agreement of Borrower in this Mortgage, Including the covenants to pay when due any sums secured by this Mortgage, Lender prior to ec"leretion.shail mall notleo to Borrower as provided in paragraph 14 hereof specifying: (1) the breach; (2) the action required to cure such breach; (3) a date, not less than thirty, days from the date the notice is mailed to Borrower, by which such breach must be cured; and (4) that failure to cure such breach on or before the date specified in the notice may result In acceleration of the sums secured by this Mortgage and sale of the Property. If the breach is not cured on or before the date specified In the noticu,.Lendor at Lender's option may declare all of the sums secured by this Mortgage to ba immedi- ately due and payable without further demand and may foreclose this Mortgage by juilieial proceeding. Lender shall be entitled to collect In such proceeding all expanses of foreclosure, Including, but not limited to, reasonable attorney's fees, and costs of documentary evidence, abstracts and title reports. BOOK IG38 PAGE 31 01/90 39Vd N3?tIHIDN "1IV9 ZOb0L0ZL1L 90:61 900Z/1E/60 11). Borrowers R)aht to Reinstate. Notwithstanding Lender's acceleration of the sums secured by this Mortgage. Borrower shall have the right to hew any proceedings begun by Lender to enforce this Mortgage discontinued at any. time prior to at. least one hour prior to the commencement of bidding-at a sheriff's sale *rather auto pursuant to this mortgage it; (a) Borrower pays Lender all sums which would be thendue under this Mortgage, the Note and notes securing Future Advances, if any, had no aeealorstion occurred; (b)' Borrower cures all breaches of any other covenants or agreements of Borrower con, tined in this Mortgage; (o) Borrower pays all reasonable expenses rotund by Lender in enforcing the covenants and agree. meets of Borrower contained In this Mortgage and in enforcing Lender's remedies as provided in paragraph 18 hereof, (nclud. Ing. but not limited to, reasonable attorney's fees; and id) Borrower takes such action as Lander may reasonably require to assure that the lion of this Mortgage.. Lender's Interest In the Property and Borrowers obligation to pay the turns secured by this Mortgage shall continue unimpaired. Upon such payment and more by Borrower, this Mortgage and the obligations secured hereby shall remain in full force and affect as if no acceleration had occurred, ZO. Assignment o1 Rents, Appotntmens of Receiver; Lender in Possession. As additional security 1wreunder. Borrower hereby assigns to Lender the rents of the Property, provided that Borrower shall, prior to acceterotion'under paragraph 18 hereof or abandonment of the Property, have the right to collect and retain such rents as they become due and payable. Upon acceleration under paragraphs 16 hereof or abandonment of the Propeny, Lander, in person, by agent or by Judicially appointed receiver, shall be entitled to enter upon, take possession of and manage the Property and to collect the rents of the Property Including those past due. All rents collected by Lender or the receiver shall be applied first to paymant of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on raosiver's bonds and reasonable attorney's fees, and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account Only for those rents actually received. 27: Future Advances. Upon request of Borrower, Lander, et Lender's option, prior to release et this Mortgage, may .make Future Advances to Borrower. Such Future Advances, with Interest thereon, shall be scoured by this Mortgage when evidenced by promissory notes stating that mid notes are secured hereby. At no time shall the principal amount of the indebtedness secured by this Mortgage, not Including sums advanced In accordance herewith to protect the security of %hlt Mortgage; exceed the original amount of the Note, ZZ Release. Upon payment of all sUriu•&Wrmirad by this Mortgage, Lender shall discharge this Mortgage. without charge to Borrower. Borrower shall pay all costs of recordstion; if any. 23. Purchase Money Mortgage. If all or part of the sums secured by this Mortgage are lent 'to Borrower to acquire title to the Property, this Mortgage is hereby declared to be a Purchase money mortgage. IN WrFNESS WHEREOF, Borrower, has executed this Mortgage. Witnesses: _ ...».._. W 1't/A E, RE1aL OWER ec oaoro•oFr to or" ZF l C. 0 41`18ERLAND COWIT7 ,,, •Y' eORRDWEA PCIMSYLVA111A 13 4 214FM '78 ' - VROpE1iTY A?ofiCSy • »•••••«._.««.-......._._ .«»...... COMMONWE^LTH OF County Sae On this, the .l ?......» ?_•day . 19.7.8-, before me, i i)91~?3C.R3ab1?.9. _.» .... the undersigned officer, personally appeared _»xxaa _8>fwain?l_.aa d?laixa..L.... lkelzlpt.1 .Baia„71tirie ._....._... .» known to me (or satisfactorily proven) to be the person,&_.whose namal .»....... » ..» »_.. ......» _ ...?.....» subscribed to the within instrument and acknowledged that- Moy ..... ..... ».....__ ...._?.«..._ » executed the some for the pur in contained. IN WrrnESS WHewe hereunto set my hand d official s At My fltat?tmLsflon Expires .............. -- •• `i ?? ••.,/ .00MAN0EE. POW", NOT 1 ? . 7?Q• •: Hire • ?9 S asipDttl Mr., CUMDTRtRnO• erff`F-- :f'ITt_t[ GiT OPrti1CER .._ .................. •+t? •, •C .; ., W t:ONBISSION EXPIRES JULY 99, 1991 .. l O F MMabayPaatalR>svi+llssas tatbaat hotatiaa I HEREBY Crzprrwv, that the precise office of the within Mortg ee is Commonwealth National Bank Mort go artment P. ox 0 0 State of Pennsytvanla SS H nsbur a 1710 Courtly Of Cumberland ReCOrded in the office for the reCwding of Deeds .. "' A NCV ' 11 ripRTOA.... Ctand for Cumberland County. Pq. i V1NP0O loe•ssy_Ilcmol. G,??PaRe ,,,2_?• Mess my hand a d seal ctflce, at Gsitilft this day at q t . Ra de 0T/L0 3Jdd ar?nx ,,f?:3$ PACE 32 n i a N3NHON 1IbJ, Z01701-0ZLTL 9t, %61 90OZ TS /80 EXHIBIT Al I After RecorcUng Return To: PEEt.E MANAMMENT CORPORATION ASSIGNMENT JOB #WV2 P.0 BOX 30014 RENO, NV_ 89520-3014 (775) $27.8600 NMLLON # CENDANT #10786978 (6psce Above This Lice rar 's Use Only) Gai-116 ITS Z. g6q(P ASSIGNMENT OF MORTGAGE 317-bq t STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND For value unto is transfer and set over at certain real estate Mortgage, dated 3/13/1978 , executed by Ivan E Rempel and Claire L Re?npel his Wife to Commonwealth National Bank ,recorded on 3/13/1978 in Mortgage Book/Lfl= 638, at Page/Polio 29 , Instrument/Document # in the office of the County Recorder/Clerk of Cumberland County, State of Pennsylvania, together with the note, debt and claims thereby secured, Covering the following described real estate in said County, to-wit: As described in the mortgage referenced herein. Property Address: 240 Lauer Ln. Camp Hill PA Township: Hampden Tax ID: Loan Amount; $73,000.00 Assignment chain if applicable: BOOK 699 PAGE?028 0,r~DEE0S "•4 7. Ti LA0 08UI'1" RL14 ??1117 LT/9T 39Vd N3MOd -1IV9 Z0b0LOZLTL 90:LT 900Z/9Z/90 A I j Mellon 4 Cendant #10786978 Signed and delivered this November 30, 2001. A Mellon Bank, NA Commonwealth National Bank A T• Mary Kunkle out ctt?-e Mel Otero Offieer STATE OF TEXAS COUNTY OF HAIt,RIS On this November 30, 2001, before me, the undersigned Notary Public in and for said County and State, personally appeared Mel Otero to me known to be the person who signed the name of the maker thereof to the foregoing instmment as its Officer, and acknowledged to me that she/he executed the same as his/her free and voluntary act and deed, and as the free and voluntary act and deed of said corporation, for the uses and putposes therein set forth. Witness my hand and official seal the da7TPaaworris, above written. / { f Notary Public Commission Expires 08.06-2004 Assigamegt Prepared by- Mallon BasilE, NA Assignor Ad&=-. 336 Ttichmo d Ave. 175 F PAT MMRi$ Houston TX 7'7098 ?• ''t My OO M OVON amm a??;gn ?fy this to be recorded Augustt 06, 20OUA In Cumberland County PA 16 5 Recorder of LleVis BOOK 699 PACE20:>-9 83dH08 'IIV9 Z0h0LOZLIL 90:Li 900Z/9Z(90 LT/LT 3Jtid EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF --(('I A 5 COUNTY OF j-- 4-? S Denise Bailey ss. being duly sworn according to law, deposes and says: 1. I am employed in the capacity of ASSISTANT SECRETARY at Litton Loan Servicing, LP, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendants have been credited to Defendants' accounts. 5. Defendant's mortgage payments due March 1, 2006 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance $12,082.36 Interest $521.55 February 1, 2006 through August 2, 2006 (Per Diem $2.85) Attorney's Fees $1,250.00 Cumulative Late Charges $89.80 April 1, 1978 to August 2, 2006 Cost of Suit and Title Search $550-00 Subtotal $14,493.71 Escrow Credit $-856.05 Escrow Deficit $0L44 TOTAL $13,637.66 7. Mortgagors have failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagors with a Notice of Intention to Foreclose Mortgage, but Defendants did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff continues to suffer unjust financial losses as it pays the taxes and insurance on the property as they become due to avoid a tax upset sale and/or loss to its collateral, all of which accrues to the benefit of Defendants and to the severe detriment of Plaintiff. 10. Plaintiff properly accelerated its mortgage to protect its interests. Name: Denise Bailey L:?„n Mcing LP Title: ASSISTANT SECRETARY . , _f; r _., -act Litton Loan Servicing, LP SWORN TO AND SUBSCRIBED BEFORE ME THIS I I DAY OF Sep?emhrA - 2006. OTARY PUBLIC LAURA HERRERA ``$o pRY PryB:/rye c Notary Public, State of Texa' My commission Expires X * ?' June 14, 2008 EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 137129 JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ??ff rr NO. 01.. - I N111b CUMBERLAND COUNTY ti CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take artion within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A13OUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ATTORNEY FILE COPY vVe. her6by CGrflfY the PLEASE RETURN ithif; " be true and correct copy Of thE) riginal filed of record File #: 137129 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 137129 JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 137129 1. Plaintiff is JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 03/13/1978 IVAN E. & CLAIRE L. REMPEL made, executed and delivered a mortgage upon the premises hereinafter described to COMMONWEALTH NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 638, Page: 29. By Assignment of Mortgage recorded 07/14/2003 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 699, Page 2028. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 137129 6. The following amounts are due on the mortgage: Principal Balance $12,082.36 Interest 521.55 02/01/2006 through 08/02/2006 (Per Diem $2.85) Attorney's Fees 1,250.00 Cumulative Late Charges 89.80 04/01/1978 to 08/02/2006 Cost of Suit and Title Search 550.00 Subtotal $ 14,493.71 Escrow Credit -856.05 Deficit 0.00 Subtotal $- 856.05 TOTAL $ 13,637.66 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 13,637.66, together with interest from 08/02/2006 at the rate of $2.85 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: /s/Francis S. Hal a LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN- ALLINAN & SCHMIEG, LLP l File #: 137129 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No. 156, Section No. 7 and Lot No. 157, Section No. 8, Point Ridge Farms; thence along the said line South seventy degrees forty-four minutes zero seconds West (S 70 degrees 44 minutes 00 seconds W), 135 feet to a point; thence North thirty-five degrees fifty-one minutes zero seconds West (N 35 degrees 51 minutes 00 seconds W), 105 feet to a point on the line dividing Lots Nos. 157 and 158; thence along the said line North fifty-seven degrees eighteen minutes thirty seconds East (N 57 degrees 18 minutes 30 seconds E), 169.60 feet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South nineteen degrees sixteen minutes zero seconds East (S 19 degrees 16 minutes 00 seconds E), 140 feet to a point, the place of BEGINNING. BEING Lot No. 157, Section No. 8, Point Ridge Farms, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 23, Page 196. HAVING THEREON ERECTED a dwelling known and numbered as 240 East Lauer Lane. File #: 137129 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAIlV'I'IFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: </ EXHIBIT D 111 11.9 IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JP MORGAN CHASE BANK, ET.AL., CIVIL ACTION Plaintiff Case No.:. 06-4416 Civil Term vs. IVAN E. REMPEL and CLAIRE L. REMPEL, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. 2. Insofar as an answer can be made, the defendant(s) state, upon information and belief, that the arrearage amount due on the mortgage is $5,500.00 which amount should be able to be paid within ninety days of filing of this answer. WHEREFORE, the defendant(s) pray(s) that plaintiffs complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. 01 a, Frank E. Yourick, )tjEsquire\13 P.O. Box 644, Murrysville, PA 15668 (412) 243-5698 Pa. ID # 00245 VERIFICATION FRANK E. YOURICK, JR., ESQUIRE hereby states that he is the attorney for Defendant(s) in this matter, that verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa.R.C.P. 1024(c) and that the statements made in the foregoing Answer to Complaint in Mortgage Foreclosure are based upon information supplied by Defendant(s) and are true and correct to the best of his knowledge, information and belief. Frank E. Yo Attorney for CERTIFICATE OF SERVICE S) I certify that on the 16th day of August, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelnhia,P??i, 19103-1814 Frank E. Youric J , Esq Attorney for Defen ant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 EXHIBIT E (Page 1 of 5) '- Litton Loan ServidnT' 5/9/2006 Claire Rempel 240 East Lauer Lane Camp Hill, PA 17011 ACT 91 NOTICE 4828 Loop Central Drive Houston, TX 77081 Telephone (800) 999-8501 Fax (713) 966-8906 www.littonloan.com TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save -your home. This Notice explains how the program works. To see if HEM" can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll- free at (800) 342-2397. Persons with impaired hearing can call (717) 780-1869. This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION 1MMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. (Page 2 of 5) HOMEOWNER'S NAME(S): Ivan Rempel Claire Rempel PROPERTY ADDRESS: 240 East Lauer Lane Camp Hill, PA 17011 LOAN ACCT. NO.: 7989908 ORIGINAL LENDER: CURRENT LENDER/SERVICER: HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. 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- 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 (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for speck 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 (Page 3 of 5) 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 (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) 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. HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 240 East Lauer Lane IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3/1/2006 through 5/l/2006 at $1,055.49 totaling $3,166.47 Other charges Late charges $44.9 Deferred late charges $201.38 NSF charges 0 Deferred NSF charges 0 Suspense balance 0 TOTAL AMOUNT DUE AS OF THIS DATE $3,412.75 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if 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 $3,412.75PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payment must be made either by cash, cashier's check, certified check, or money order made payable and sent to: You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: Litton Loan Servicing LP Attention: Cash Management Department P.O. Box 4387 Houston, TX 77210-4387 (Do not use if 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 exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees (Page 4 of 5) 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 (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A Notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: LITTON LOAN SERVICING LP Address: 4828 Loop Central Drive, Houston, TX 77081 Phone Number: (800) 999-8501 Fax Number: (713) 966-8906 Contact Person: Default Administration Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not (CHECK ONE) 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 YOU MAY ALSO HAVE THE RIGHT: MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Page 5 of 5) CCCS of Western Pennsylvania, Inc. 2000 Lindestown Road Harrisburg, PA 17102 (717(541-1757 (888)511-2227 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg, PA 17101 (717)234-5925 FAX(717)234-9459 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717)762-3285 YWCA of Carlisle 3001 G Street Carlisle, PA 17013 (717)243-3818 FAX(717)731-9589 Community Action Comm of the Capital Re 'on 1514 Derry Street Harrisburg, PA 17104 (717)232-9757 FAX(717)234-2227 Adams County Housing Authority 139-143 Carlisle St Gettysburg, PA 17325 (717)334-1518 FAX(717)334-8326 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: June 29, 2006 TO; Ivan Rempel Dean A. Weidner, as Trustee 240 East Lauer Lane 240 East Lauer Lane Camp Hill, PA 17011 Camp Hill, PA 17011 Joseph Rubin, as Trustee 240 East Lauer Lane Camp Hill, PA 17011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE Take this Notice with you when you meet the Counseline Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice if you have any questions You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST 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 ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. • Complete items 1, 2, and 3. Also complete Item 4.If Restricted Delivery is desired. a Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the pack of the mallplece, or on the front if space permits. 1, Article Addressed to: A. i I Agent ?n Name) r C. Date of 009%wy. q-16-010. D. Is d.dvery address differen from item 1? ?Yas if YES, errter do" address below. No DEAN A. WEIDNER, AS TRUS 240 EAST LAUER LANE CAMP HILL, PA 17011 3. Service Type 0 Cewd d Mall 0 Express mail O Registered 0 Return Reoelpt for Mardwrdiso 0 Insured Mall 0 C.O.D. 4. RestrM d DaWeryt (Extra Fee) O Yes 2. ArMe Number 7005 3110 0000 5202 1757 (?tarular rmm wrvkv hw PS Form 3811, February 2004 Domalk Retu rn Receipt 102595.02.*1610` ¦ Corm te.items 1, 2, and S. Also oomplets Item 4 if Restricted Delivery is desired. ¦. Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back.of the malipieoe, or on the front If space permits. i 1. Article Addressed to: A. Si X j? ??0111?? A0 Addressee . save y (r teJ ..7 .err every D. Is dedv* addrses di fe exit n item 17 0 Y If YES, enter delhwi y address below: VV' No a IVAN REMPEL 240 EAST LAUER LANE CAMP HILL, PA 17011 s, sew TAm 0 Cer"W'Man 0 Express Man CI Registered 13 Return Receipt for Mar anuxnas 0 Insured Mal 13 C.O.D. 4. Restricted Delivery) F-rtra.Fee) 0 Yes._ i 2. Artless Number (fMWWrkrrrservkeaw 7005 31x10 0000 5202 1764 Ps Form 3811, February 2oo4. Domestic Return Receipt 1 o25es 02' • Complete Items 1, 2, and 3. Also complete A Item 4 If Reeftted Celivery is desired. X ¦ Print your name adult address on the reverse so that we can return the card to you. ¦ Attach this caul to the back of the rnailplece, or on the front If apace permits. 1. Article Addressed to. JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 ?&a-)V"?kAgent E3 Addresses Peoavad by ( Name) C. Date of Delivery Is dedvery address differ from t? In _Yea # YES, eater dellvary address below w. a, service type 0 Cerdfled Man 0 Express Man O Registered 0 itetrxn Receipt for Merdm ufte 0 insured Mad 0 C.O.D. 4. Reablaled Dellveryf (Enos Fee) A Tres 5c CERTIFIED MAIL RECEIPT (Domestic Mail Only, No lnsurdnce Coverage Provided/ al OFFICIAL USE ru Ln ftem . _ Owded Fw C3 C3 pam"N k a «naoMum ?.r,? R.`rsftedJ ?. 4 c RUVftd 00v" foe C-1 m TOW POW490 d FM $ d o M w PO ear Ab. N CERTIFIED MAIL),, RECEIPT .. r-R For delivery wfurmation visit our wcb%.te at VVWW-Ubp?;L'?UM C3 a OFFICIAL USE tv In tom. _ CoVed No 0 ftoft" C3 Rsstrbbd DOMY No rR Mndcrt - t RsQuk" M lbtal pQw" &Fees to q o a ------- - ------ aPOeacxo. .u r` ru 0 ti kn q a Cerdtlsd Fes ° C3 R"Wabd DN"ry y pl m Ln e iG6:i ..__.... •--•--------•-•--------•----------•-•------- - arPOearnro -------------------------------- - ----------------- - -------------- - ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE DATE: June 29, 2006 TO: Ivan Rempel Dean A. Weidner, as Trustee 240 East Lauer Lane 240 East Lauer Lane Camp Hill, PA 17011 Camp Hill, PA 17011 Joseph Rubin, as Trustee 240 East Lauer Lane Camp Hill, PA 17011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS FROM THE DATE OF THIS NOTICE. Take this Notice with you when you meet the Counseling Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE 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 ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA. -1- STATEMENTS OF POLICY HOMEOWNER'S NAME (S): Ivan Rempel; Dean A. Weidner, as Trustee and Joseph Rubin, as Trustee PROPERTY ADDRESS: 240 East Lauer Lane, Camp Hill, PA 17011 LOAN ACCT. NO.: 7989908 ORIGINAL LENDER: Commonwealth National Bank CURRENT LENDER/SERVICER: Litton Loan Servicing, Inc. 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 three (33) days from the date of this Notice. During that time you must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (33) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES-If you meet with one of the consumer credit counseling agencies listed at the end of this notice the lender may NOT take action against you for thirty (30) days after the date of this meeting The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the propeM is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions and Phelan Hallinan and Schmieg's PHFA department. APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a 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. -2- 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it W to date). NATURE OF THE DEFAULT-The MORTGAGE debt held by the above lender on your property located at: 240 East Lauer Lane, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Start/End: 03/01/06 thru 06/01/06 at $1,055.49 per month. Monthly Payments Plus Late Charges Accrued $4,311.76 NSF: $0.00 Inspections: $118.50 Other: $0.00 Escrow: $0.00 (Suspense): $0.0. Total amount to cure default $4,430.26 See paragraph below headed "HOW TO CURE THE DEFAULT" * 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 $4,430.26, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. As of the date of this letter, you owe the amount specified above. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Reinstatement Department. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: PHELAN HALLINAN & SCHMIEG, LLP, Suite 1400, One Penn Center, 1617 JFK Boulevard, Philadelphia, PA 19103-1814, Attn: Reinstatement Department. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. The means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclosure upon your mortgage ro e IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount to the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. -3- RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE-If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender and by performing any other requirements under the mortgage.- Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately SIX (6) 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: PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Attention: Reinstatement Department EFFECT OF SHERIFF'S SALE-You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the 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 sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charge and attorney's fees and cost 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 THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU 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 IS ATTACHED -4- If this is the first notice that you have received from this office, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days from receipt of this letter, this firm will obtain and provide you with written verification thereof; otherwise the debt will be assumed to be valid. Likewise if requested within thirty (30) days from receipt of this letter, the firm will send you the name and address of the original creditor if different from above. Very truly yours, LL: jap Cc: Litton Loan Servicing, Inc. Attn: Sandra Benavides Account No.: 7989908 PHELAN HALLINAN & SCHMIEG, LLP Mailed by 1" Class mail and by certified Mail No: 7005 3110 0000 5202 1740/1757/1764 -5- EXHIBIT F PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 P) 215-563-7000 F) 215-568-0719 fcresolution@fedphe.com Foreclosure Resolution Department Representing Lenders in Pennsylvania & New Jersey August 10, 2006 I Via E-mail Ivan Rempl Re: Ivan Rempel & Claire Rempel 240 East Lauer Lane, Camp Hill PA 17011 Litton Loan Servicing, LP Acct: 7989908 To Whom It May Concern: In accordance with your recent request, please find a reinstatement figure in the amount of $9,232.14, which is the amount required to bring the above account current with Litton Loan Servicing, LP. Funds must be received in our office no later than 09/01106 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. Please make check payable to your mortgage company or servicer. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan & Schmieg, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additional exiliendityres in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Michael Ortiz Phelan Hallinan & Schmieg, LLP Foreclosure Resolution Department Please be advised that this firm Is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge In bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. ?E PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 P) 215-563-7000 F) 215-568-0719 fcresolution@fedphe.com Michael Ortiz Legal Assistant Ext. 1506 Representing Lenders in Pennsylvania & New Jersey Reinstatement Figure NAME: Rempel, Ivan & Rempel, ACCT. #: 7989908 Claire DATE: 8/10/06 Good Through 09/01/06 Payments Due $7,388.43 Late Charges $313.63 Property. Inspections $137.58 Attorney Costs $742.50 Attorney Fees $650.00 TOTAL ?- $9,232.14 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING PAYMENT! Please be advised that this firm is a debt collector attempting to collect a debt. Any Information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay maybe greater. Hence, if you pay the amount shown above, an adjustment maybe necessary after we receive your check, in which event we will Inform you before depositing the check for collection. For further Information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 P) 215-563-7000 F) 215-568-0719 fcresolution@fedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM:IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE ! COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Rempel, Ivan Loan Number: 7989908 Property Address: 240 East Lauer Lane, Camp Hill, PA 17011 Mailing Address: (If different from Property Address) Telephone :Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! 'PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED' Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay maybe greater. Hence, it you pay the amount shown above, an adjustment maybe necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. !1 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a,fedphe.com FACSIMILE TRANSMITTAL SHEET TO: FROM Frank E. Yourick, Jr., Esquire RayBegley COMPANY: DATE: 8/25/2006 FAX NUMBER TOTAL NO. OF PAGES INCLUDING COVER: (724) 325-3124 4 PHONE NUMBER: RE: ACCOUNT NUMBER RempeMeidner/Rubin 7989908 ? URGENT D FOR REVIEW ? PLEASE COMMENT ? PLEASE REPLY ? PLEASE RECYCLE NOTES/COMMENTS: Attached is the payoff figure for the above-captioned loan. Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. CONFIDENTIAL NJ PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(&fedphe.com Raymond J. Begley Supervisor - Foreclosure Resolution Dept. August 25, 2006 VIA FACSIMILE Frank E. Yourick, Jr., Esquire Fax (724) 325-3124 Representing Lenders in Pennsylvania & New Jersey Re: Litton Loan Servicing, LP vs. Ivan E. & Claire L. Rempel, Dean A. Weidner and Joseph Rubin 240 East Lauer Lane, Camp Hill, PA 97019 Acct#: 7989908 To Whom It May Concern: In accordance with your recent request, please find a payoff figure in the amount of $17,308.56, which is the amount needed to satisfy the above account with Litton Loan Servicing, LP. Funds must be received in our office ON OR BEFORE September 1, 2006 to allow for processing and mailing to our client. Upon submitting payment, please note the following: • Personal checks will not be accepted. Only certified funds purchased from a bank or money orders. • All checks must be made payable to the mortgage company stated above, and forwarded to Phelan Hallinan & Schmieg, LLP. • Include account number on the check for proper identification. • It is possible that either the mortgage company or this firm may incur additional expenditures in the interim period between the time these figures are generated and the time monies are tendered. In this event, only the FULL monies will be accepted. Acceptance of the funds is contingent upon a complete review by our client. If you should have any questions, please feel free to contact our office. Sincerely, Raymond J. Begley Foreclosure Resolution Department Phelan Hallinan & Schmieg, LLP Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. 4994w PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolutionAfebhe.com Raymond J. Begley Representing Lenders in Supervisor - Foreclosure Resolution Dept. Pennsylvania & New Jersey Payoff Figure REMPEL, IVAN E. & CLAIRE NAME: L., WEIDNER, DEAN A. and ACCT #: 7989908 RUBIN, JOSEPH DATE: 8/25/06 Good Through 9/1/06 Principal Balance Interest Property Inspections Late Charges Escrow Deficit Release/Recording Fees $12,082.36 $601.94 $137.58 $268.73 $2,725.45 $100.00 Attorney Costs Attorney Fees TOTAL $742.50 $650.00 $17,308.56 PLEASE READ THE ATTACHED LETTER BEFORE SUBMITTING PAYMENT! Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have received a discharge In bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. lafti PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution6Dfedphe.com PLEASE SUBMIT THIS FORM ALONG WITH YOUR PAYMENT! ***THIS FORM IS TO ASSIST IN PROPER APPLICATION OF YOUR PAYMENT. PLEASE COMPLETE TO THE BEST OF YOUR ABILITY*** Date: Name on Mortgage: Loan Number: Property Address: Mailing/ New Address: (If different from Property Address) Telephone Number: PLEASE MAKE CHECK PAYABLE TO YOUR MORTGAGE COMPANY AND FORWARD TO OUR OFFICE! 'PLEASE BE ADVISED THAT ALL PAYMENTS MUST BE IN CERTIFIED FORM, AND THAT ANY PERSONAL OR PARTIAL PAYMENTS WILL NOT BE ACCEPTED' Please be advised that this firm is a debt collector attempting to collect a debt. Any Information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. As of the date of this communication, you owe the amount specified. Because of Interest, late charges, and other charges that may vary from day to day, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, an adjustment may be necessary after we receive your check, in which event we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. EXHIBIT G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact Plaintiff vs. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee } CIVIL ACTION NO. 06-4446 TYPE OF PLEADING: Notice of Judgment to Defendants Mortgage Foreclosure Defendants ) Code and Classification 140 Civil Action Filed on behalf of Plaintiff Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - PA I.D. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Firm I.D. #23-2301814 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact Plaintiff VS. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee Defendants CIVIL ACTION - LAW NO. 06-4446 Notice of Entry of Judgment in Accordance with Pa. R.C.P., Rule 236 Notice is given that a Judgment in the above-captioned matter has been entered against Dean Weidner, as Trustee and Joseph Rubin, as Trustee on By: DEPUTY If you have any questions concerning this matter, please contact: FRANCIS S. HALLINAN, ESQUIRE Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact Plaintiff VS. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee Defendants PREMISES: 240 East Lauer Lane Camp Hil, PA 17011 CIVIL ACTION NO. 06-4446 TYPE OF PLEADING: Praecipe For Judgment For Failure To Answer And Assessment Of Damages Mortgage Foreclosure Code and Classification 40 Civil Action Filed on behalf of Plaintiff Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - PA I.D. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Firm I.D. #23-2301814 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 (215) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee 240 East Lauer Lane Camp Hill, PA 17011 : CIVIL DIVISION : NO. 06-4446 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Defendants Dean Weidner, as Trustee and Joseph Rubin, as Trustee, only, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Judgment is entered in favor of Plaintiff and against Defendants, Dean Weidner and Joseph Rubin, for $13,637.66 plus interest from August 2, 2006 at the rate of $2.85 per diem and other costs and charges collectible under the mortgage I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. . qa-L--- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: PRO PROTHONOTARY PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact VS. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-4446 VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant Dean Weidner, as Trustee is over 18 years of age and resides at 240 East Lauer Lane, Camp Hill, PA 17011. (c) that defendant Joseph Rubin, as Trustee is over 18 years of age and resides at 240 East Lauer Lane, Camp Hill, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE SHERIFF'S RETURN - REGULAR CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEIDNER DEAN A AS TRUSTEE the DEFENDANT at 1617:00 HOURS, on the 8th day of August 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 ? ? . 00 r 10.00 R. Thomas Kline .00 16.00 08/09/2006 _ PHELAN HALLINAN XCIHMIEG By. day /Deputy Sheri A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DTTnTTT _Tr1CL'DU DC m17TTCZTT?P- - - the DEFENDANT at 1617:00 HOURS, on the 8th day of August 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 08/09/2006 PHELAN HALLINAN/SICHM,TEG By. Deputy Sheriff day A. D. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY : COURT OF COMMON PLEAS RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT : CIVIL DIVISION Plaintiff Vs. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendants NO. 06-4446-CIVIL TERM TO: DEAN A. WEIDNER, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 FILE COPY DATE OF NOTICE: AUGUST 29, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 cc: Frank E. Yourick, Jr., Esquire Po Box 644 Murrysville, PA 15668 CUMBERLAND COUNTY FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY : COURT OF COMMON PLEAS RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendants :NO. 064446-CIVIL TERM TO: JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE FILE Cou"r CAMP HILL, PA 17011 DATE OF NOTICE: AUGUST 29, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 cc: Frank E. Yourick, Jr., Esquire Po Box 644 Murrysville, PA 15668 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff EXHIBIT H R$CORM-OFFICE OF THE f.EcOrI EN 0; DEEDS CU}dMLATID COUNTY-PA. THIS DEED '92 JR14 '22 FIIM 1119 Made the 11-6' day of December, in the year of our Lord one thousand nine hundred ninety-one (1991) Between Claire Louise Rempel, an adult individual, of Cumberland County, Pennsylvania, as the owner of an undivided one-half (1/2 ) interest, party of the first part ("Grantor") AND Dean A. Weidner and Joseph Rubin, Trustees of the Claire L. Rempel Camp Hill Trust, of Cumberland county, Pennsylvania, party of the second part ("Grantees") f?J Witnessed; that the said Grantor, for and in consideration of the sum of one (S1.00) Dollar lawful money of the United States unto Grantor well and truly paid by the Grantees, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantees, Grantees' heirs and assigns, ALL THAT CERTAYN tract of land situate in the Township of Hafipden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows:.. BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No. 156, section No. 7 and Lot No. 157, Section No, a, Point Ridge Farms; thence along the said line South seventy degrees forty-four minutes zero seconds West (S 70°.44' 00" W), 135 feet to a point; thence North thirty- five degrees fifty-one minutes zero seconds west (N 359 51' 00" W), 105 feet tb a point on the line dividing Lots Nos. 157 and 158; thence along the said line North fifty-seven degrees eighteen minutes thirty seconds East (N 571 18' 30" E), 169.60 feet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South nineteen degrees sixteen minutes zero seconds Zest (5 19° 16' 00" E), 140 feet to a point, the place of BEGINNING. BEING Lot No. 157, section No. 8, Point Ridge Farms, said Plan being recorded in the Cumberland County Recorder's office in Plan Book 23, Page 196. HAVING THEREON ERECTED a dwelling known and numbered as 240 East Lauer Lane. WxM35 racE 397 4T/50 39Vd 638HON 1IG9 Z0b0LMLTL 90:LT 900Z/9Z/90 *SUBJECT NEVERTHELESS, to a Mortgage dated M-af- 13,018 , in the principal amount of $ 73,oco.po, between Ivan E. Rempel and Claire L. Rempel,.as Mortgagors and Commonwealth National Dark, as Mortgagee, recorded in Cumberland County Mortgage Book 658 , Vol. - , Page 29 , on' H?izh I5, 11979, BEING the same premises which Keeley Realty, Inc., a Pennsylvania corporation, by its deed dated March 13, 1978, and recorded March 13, 1978, in the Cumberland County Recorder's office in Deed Book R, Volume 27, Page 497, granted and conveyed unto Ivan Edward Rempel and Claire Louise Rempel, husband and wife, grantors herein. Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, interest, property, claim and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the same and every part thereof. * To Have and to Hold the above-described premises with the appurtenances unto the Grantees, Grantees' heirs and assigns, forever. And the Grantor does hereby covenant and agree to and with the said Grantees, that she, the Grantor, her executors and administrators, shall and will WARRANT AND FOREVER DEPLNA the hereinabove described premises, with the hereditaments and appurtenances, unto the Grantees, Grantees' heirs and assigns, against the Grantor and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject As aforesaid, WARRANT AND FOREVER DEFEND, In Wilness Kereof, the Grantor has hereunto set her hand and seal the day and year first above written. Ivan Edward Rempel, Grantor's husband, joins in this conveyance for the iS rposa of evidencing his consent to the conveyance herein./ G a re ours Tempel C-1 it a Edward Rempel MdO M35 FACE 398 t L1190 3JGd H38HOH 1IV9 Z070LOZL1L 90:L1 900Z/9Z/90 i Conunonwealth of Pena ylvarria . ss.: Coualy of Udap iri on this, the 1,7 day of December, 1991, before me, a Notary Public, the undersigned officer, personally appeared Claire Louise Rempel and Ivan Edward Rempel, wife and husband, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that the executed the same for the purposes therein contained. \?•{ lrw,,lr, Witness Wherref, I hereunto set my hand and official seal, =NOOIAWRIAL Public nly.I- N tary Pu C c, 9, 1995 Iq 'l'??•'=rNereby Certify that the precise residence of, the Grantee is Sob tj0r"J(, ctnQ 51rr4t, Hn•vb,Y), PA l7,vl curt ? stev C. Wilds, Attorney for Gr tees Commonwea!!h ofPeNUSylvarria SS.: County of Cumberland Recorded on this r-? 7rday of 1((ll 91 ., in the Cumberland,eounty.Recor:der of Deeds Of a in deed Book ?, volume Cam,,, Page '?a2. Given under my hand and the seal of the said office the date above written. REMPEIg NV ii?'?2,d19901 Cumberland County Recor ex.of.beeds,._. eoox f'}35 rACE 399 • LTILO 39Vd N36HO8 IIG9 Z0b0LOZLIL 90:LI 90OZ/9Z/90 E i _. 1 sv ,fs tx p?aq .. .. , ? RfCOSpFC'S USE ONLY mz m. F.7 REALTY TRANSFER IAX i;,;,'{w=; COMMOHWEAt fPFHNSYIvAHIA STATEMENT OF VALUE 7115 ' DfpgRTJKM OF REVENUE - '• __ 6USEAU OF IINOW1 UAL Y Axts FOST offict so`% 09Eo n. A-4.V4 HAIWSWr1G,PA 7,06.0910 Soo neversa 144 lnslfuclion1s 'omplale loch nellon on lib !n duplicate wish Aorordor of Dnmlt winvl 111 ilia, Will rnn,ill,Ymilm is reel t.l to,ds in du:=4472 ( wf on Ihn A6.11 is .ifhow considsrallon, at by 01(1, or (3)P lax asomptlon It clohnad. A Slolamsul r.( V,Jt,s Is ml ,rgohod if ills 1lentf.r If wholly oxamps troos tax sated oat (1( (orally reloilom ip or l21 puhgc'mality 09501mill. 11 "1010 apace Is nwat'ivi.lrr, roll' Ill 4"foli0iinntd s11e6111). N.m. ldrphon. Nunr6er, Steven C. Wilds, &aquire A... Cassel 717 ) 234-4182 slu.l A4J,o.. 310' Zip Cad. " 508 North Second Street, Harrisburg, 4A 17101 Y Oa4 0l At<rplm+tr of borw,..M ?13eCeolU?C 17, 1 ....?. l,e,a.r(sJtt*Itortd (1,001..(+?flosr.sj? Ddan'A:'"'?i"dfy3' ri't-. Claire Louise aelitpel custees of Claire L. Rempel Camp Hill Trust 240 East Lauer Lane 508 North Second Street ay Carp 11111, PA 17011 rrisb=q, PA 17101 • ¦ • uwrl Addau CPp Tawnt p, meu 240 East Lauer Lane Cam17 Hill - every .... .. __ .. .«. " SS or a-Modes "?`? For. {rv,t Hun .r =tlgberland West Shoce f VALUATION DAT A Aau CeaS auld.,aliw i. 01hw Condderesi.. ], latd CouWaro80n ?L00 i• ^0^ $1.00 , Ca,mly liar. Y w t arnn oe 1.w1 Ao110 fader °? r, r ?Fon or V464 • 1711-1 1 yE kc; •. Amwel Ex.inplleo Clalm d lb, put.u.s. o ta,er.rl CcA.4r.d 100% 50% undivided CLOA Approprlal¦ Box 9.low for fu4nipl ion Claimed ? Will or Wallow succession INi,r?"T0'rs.drnlJ ... .. «.. _..._.........-_ I(,iw.?Nw.?`• 0 Transfer to Indunrial Davelopmanl Agency, sJ Tronslos to Agent or Slow Party. LAlloch copy of og.n<yhlraw poely ag,o."1enIJ, Q TcOndor belw.so ptlnetpol and agent, (AImill Copy of ageneylsbow lrusl eg,eemenl(, Tax paid prior deed S Q T,ans(arf to she Commonwoollh, ih. Unb.d States, and Inls,vonlolili.s by 0111, dodicolto., eopow-nailon or In Rev of eondemnatlan. (Alloeh copy of resolallon). 1 ry Iranrla from m0rlgayor to o holder of a ,narlgogo in dslovh. Mortgage Oooh Nurnbov Page Nwob•r U Cwrectiv died (Ail.ch copy of ilia prior do.dj, ? Slololwy Corporols Consalldolbn, Merger or D(.1r1on. (ANoch copy of arltcles), 72 P. S. § 8102-C. 3. (8) 0" r eaa . pl I0 x m ,b l , r,t 0ba ., Transfer of An undivided 503 interest In Cea1 es ? e f otx nadiha? &?4$4f?ec??' lYir11 `Lb sad occ ) AAry trust where the tran id"Ae exempt it the transfer was aia a oil r1g can an d`Cf1 "bFtneft -' u panel a of low, l deciar. Ifial F haw artandn.d Ih1, 51.1em.nl, lncludln8 o.teu,pa„ ylog D,Eormatlan, and to Ilia Less of my ktwwladge belief, sta., .erwel and soeilittle. (SEE REVERSX1 • --^" ,yuras.ruis,iwnrs:r.mvuti..?tlss:a• ... J t V Q, 4 • • ZOVOL0ZLLL 90-.LZ 9007,/97-/90 213LIHOid "llt?`J tT/Act 3Bad REOOROEO-OFFICE OF THE 4 RECUROE? OF DEEDS MIMERLAPIU COUI{TY-PA. THIS DEED '92 All 23 nn 11 19 day of December, in the year of our Lord one Mzi(le the j24 thousand nine hundred ninety-one (1991) Balween Ivan Edward Rempel, an adult individual, of Cumberland County, Pennsylvania, as the owner of an undivided one- half (1/2) interest, party of the first part ("Grantor") AND Dean A. Weidner and Joseph Rubin, Trustees of the Ivan E. Rempel Camp Hill Trust, of Cumberland County, Pennsylvania, party of the second part ("Grantees") Wilzzessel/z, that the said Grantor, for and in consideration of the sum of one ($1.00) Dollar lawful money of the United states unto Grantor well and truly laid by the Grantees, the receipt-of which... is hereby acknowledged, does hereby grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said Grantees, Grantees' heirs and assigns, ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: 9 BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No. 156, section No. 7 and Lot No. 157, section No. 8, Point Ridge Farms; thence along the said line South seventy degrees forty-four minutes zero seconds West (S 70° 44' 0011 W), 135 feet to a point; thence North thirty- five degrees fifty-one minutes zero seconds West (N 35° 511 00" W), 105 feet to a point on the line dividing Lots Nos. 157 and 158; thence along the said line North fifty-seven degrees eighteen minutes thirty seconds East (N 571 18' 30" E), 169.60 feet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South nineteen degrees sixteen minutes zero seconds East (S 199 16' 00" B), 140 feet to a point, the place of BEGINNING. BEING Lot No. 157, Section No. 8, Point Ridge Farms, said Plan being recorded in the Cumberland County Recorder's office in plan Book 23, page 196. HAVING THEREON ERECTED a dwelling known and numbered as 240 East Lauer Lane. tooxrn 35 PAcf 403 LT/60 39Vd Z38HO2l -IICEJ Z0b0LOZLTL 90:LT 90OZ/9Z/90 LJ *SUBJECT NEVERTIIELESS, to a Mortgage dated 13, V17 8, in the principal amount of $178,aoo.oo , between Tvan Rempel and Claire L. Rempel, as Mortgagocs and Commonwealth National Bank, as Mortgagee, recorded in Cumberland County Mortgage Book &$a , Vol. _ Page 29 on Md-,A 0, 1q 7g BEING the same premises wh^ich keeley Realty, Inc., a Pennsylvania corporation, by its deed dated March 13, 1978, and recorded March 13, 1978, in the Cumberland County Recorder's Office in Deed Book R, volume 27, Page 497, granted and conveyed unto Ivan Edward Rempel and Claire Louise Rempel, husband and wife, grantors herein. Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining and the reversions and remainders, rents, issues and profits thereof and all the estate, right, title, interest, property, claim and demand whatsoever of the Grantor, in law, equity or otherwise, of, in and to the same and every part thereof. To Have and to Hold the above-described premises with the appurtenances unto the Grantees, Grantees' heirs and assigns, forever. Arid the Grantor does hareby covenant and agree to and with the said Grantees, that he, the Grantor, his executors and administrators, shall and will WARRANT AND FOREVER DEFEND the hereinabove described premises, with the hereditaments and appurtenances, unto the Grantees, Grantees' heirs and assigns, against the Grantor and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject as aforesaid, WARRANT AND FOREVER DEFEND, fro Witness Whereof, the Grantor has hereunto set his hand and seal the day and year first above written. Claire Louise Rempel, Grantor's wife, joins in this conveyance for the urpose of evidencing her consent to the conveyance herein. WITNES Edwar yReempel ,yrdrr 1?4 DA .- ?) /-) X"Ad Claire Louise Rempel l? u 66435 PACE 402 LL/01 39dd a3aHO67Id9 L0h0L0LLTL 90:L1 900b/9L/90 . J ' Commmr#veallh of Penttrylvania . SS.: Cotr,rty of D ra a ph i _ On this, the M day of December, 1991, before me, a Notary Public, the undersigned officer, personally appeared Ivan Edward Rempel and Claire Louise Rempel, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that the executed to.e!same for the purposes therein contained. Att;KinessWhereof, I hereunto set my hand and official seal. :U i'?i •'.;?; 4:111 4.? C Notary Pub c C''. ski ?' 4'+h 1 Hereby Certify that the precise residence of the Grantee. Ys 508 Ner4rt .6'r"nQ s rt-c*1. I bcrr.•aa.*'-t &A, r 7, 02 • • ste an c, wit s, Attorney for G ntess ? PM FLUUtnI WM ftft Contma,2wealllt of Pe rtLSylvania ?rris6urt Duo Deunpt k Ponmiuiar Er res Dee 9 IM Courtly of Curirberlartrl . , r SS.: Recorded on this a? r°? in day of t? qaZ the Cumberlan unty iecorder of Deeds Of a in Deed Sook? J Volume p c r Z , J age Given under my. hand and the seal of the said office the dat above written. e t ???111 t?rJ i 4, .,i: ;.^•':., .,:•?s ?? y, ?. Cumber 18n County Recorder of Deeds y'q : is •C }'' ?i Ci?.' ti? •t ij ?:'? .'i: i ' ' REWEL• ? r ' ? ,SL 4`A: Lp??jnbor,.? 7t;.199? :a 600XM 35 PACE 403 11 LT/TT 39Vd ?J38HOd 7IV9 ZOVOL0ZLT4 90:LT 900Z/9Z/90 ?7? nv nut yaq + ?• ,•-? •.. AECORDEA'S USE ONly . . go ' S A R TAX -' I ' C IWEA41iiOfPENNSYiVANIA D PAAIMFNT Of REvSNUE ' BUREAU of lpatV1DUAll TAXIS f ROx 1010 POST OfFIC ?::« c FE LTY TR N LR TEMENT OFVnr.tfrc 1,?;:is-•-..- --•• - KARR M 6, PA 171 "0lp . Haverso (or Insl.ucliotls Gomp7ete •04 socilan and I7 In duplkal. wills Raro,der of i)nndi wlmn it) ilia hdf rnn.4 41l1 ml k not Inl (p,th in dl• deed, (2) wbea 1150 dcr+1 is wilhout cansidaoN9a, or by,1?Nl, of 13) o tax examption is dot nd. A S1alenical nl Vnlu¦ 11 1101 I&gW,od if the I'"Ilof Is wholly exompi flan to. , ,1ddilk.nol shoM1,). o oA k .poo it bawd on; (1) tom Ny rololismsldp or 21 puhNlulipry snsonnnl, 11.09.0 1'U ll A' R r U?• yy 1r .q rr ?t - ?? T ono N .r, . Steven C. Wilde, esquire A,P;c,d,1717 1234-4182 Su.a .n car -.._..?...._._.....Sim. 1'P Z.- 508 North Second Street, llarrisburg, PA 17101 . s _ Dol.1. of Ac'<npkuun of QoaO,oabeCember 1 ?. ?_ . • 6r9n1..(il7---;!I `ITd$iC-A: Wt#iOlT' f71.t1'i'? 1 Trustees o1: Ivan 4. Ranipe1 Camp Hill Trust Ivan ldward a922 iu..tA ao w ?? - Suwl Ai7d'ini"••'?.' '• 240 East Lauer Lane 508 North Second street xy Wm. Camp tlill, PA 1701( Girl r.41, e11y _,._......_.- ._ sal: -"' `7I4: arrisbury, PA 17101 u..s Aamns 240 East Lauer Lane .YPIy .ui t]erland • Asw Ca4 re.,Idn.Hon onniy Au.11. V TA 4,111:11 .1. ¦ Anooal al E?.,.,pllao Clolm.d 1008 Camp K11 5. a'li'of D??uK+ ' West Shore t. OB+.r Comtdto oa•P 5.'.(.mmoa I..d Rollo Fuuot l": Yaw 0mhor ]. Tasol CoaWaaoo. , z $1.00 A'."lair Mm d Vau. ? WIN or Inieslolo suce.uion Tronsf.r to lod.slrial Dov.lopmo,d Agency. ? T,on.f.r 1. AD•n1 or St(ow Party. 1Alrach copy of og.nry10(aw party oyroetaaco). ?•l 119n.1.t bolweon prinv1pal and agent. (Anacl+ copy of ogoncylshow Iron ogl.omenll. Tax gold prior dad S U T,awl.n to 1h. Commanw. A. tho Unhad Stol.s, and fmuum.nlulitim I.y gilt, dedication, canJ.mnolton of in Nov of candenuso+ion. IMmit copy of raalullml. •-l t . J Trpnsfor from atartgagar to a holder of a mangog. in aiduull. Mangago Noah Nu,nbat Page Number Cart•gly d.od IAtlach copy al lh. p,W deal). a Slaivlory Corporate Conudldaitun, Magar or DiAtion. 1Atiad1 dopy of aitwo), 72 P.S. § 8102 -C , 3. ( 8) Od1¦r 1PI.asw oxploin exampNgqn dalmad, t1a11,s U,o,+h•11.d yb9V.,j Tranafec of an undivided 508 Interest in Cell estate Lor niom]nal COn31Cera Lon Co an ocdinary'?Y?St:"'VTF?'?'e the trans er t+cu a exemp > a EtFLf`V&g"1tFls4A"` r' f o <p•n.llbi w, 1 dodw. (liar 1 hav. •x•min.d rids Stol.m.nt, 1ne64.0 at.onlpanyinD hsfoimo1104. *.die th. best al my knPwbdae ,dbl, 11 {. r u,•et aad compld•. R 1 121 PI-'- (SEE REVERSE) , i? 0 • ZOhOLOLLtiL 90:LZ 9005;/95;/90 .-fT -Pmei ?138H I -IIV!D Sheetal R. Shah-Jani, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. '1\ o? S Date Sheetal R. Shah-Jani, Es Attorney for Plaintiff uir t', t t s N ?? T _ _ CR _-j ._._3 r?o G. a) PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff VS. Ivan E. Rempel Claire L. Rempel Dean A. Weidner, As Trustee Joseph Rubin, As Trustee 240 East Lauer Lane Camp Hill, PA 17011 Defendants Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-4446 Civil Term I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment and Brief in Support thereof were sent via first class mail to the persons on the date listed below: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: v 06 Dean A. Weidner, As Trustee Joseph Rubin, As Tustee 240 East Lauer Lane Camp Hill, PA 17011 Sheetal R. Shah-Jani, qui e Attorney for Plaintiff C? ?? n ?-? r' co I d 1 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. JP Morgan Chase Bank As Trustee By Residential Funding Corporation vs. Ivan E. Rempel Claire L. Rempel Dean A. Weidner, As Trustee Joseph Rubin, As Trustee (Plaintiff) (Defendant) No.06 Civil Term 4446 State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Sheetal R. Shah-Jani, Esquire Address: Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 J.F.K Blvd, Suite 1400 Philadelphia, PA 19103 (b) for defendant: Frank E. Yourick, Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: October 25, 2006 Date: 0, 1 Z1 110 dA;6800?1-, Sheetal R. Shah-Jani, E qui Attorney for Plaintiff C? rv C 5 - v,. CA - { L' .e . Lam„ E5 bm CO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact Plaintiff VS. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee Defendants PREMISES: 240 East Lauer Lane Camp Hil, PA 17011 CIVIL ACTION NO. 06-4446 TYPE OF PLEADING: Praecipe For Judgment For Failure To Answer And Assessment Of Damages Mortgage Foreclosure Code and Classification 40 Civil Action Filed on behalf of Plaintiff Counsel of Record for this Party: FRANCIS S. HALLINAN, ESQ. - PA I.D. #62695 PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 Firm I.D. #23-2301814 PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 (215) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS VS. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee 240 East Lauer Lane Camp Hill, PA 17011 : CIVIL DIVISION : NO. 06-4446 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against Defendants Dean Weidner, as Trustee and Joseph Rubin, as Trustee, only, for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: Judgment is entered in favor of Plaintiff and against Defendants, Dean Weidner and Joseph Rubin, for $13,637.66 plus interest from August 2, 2006 at the rate of $2.85 per diem and other costs and charges collectible under the mortgage I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 4- ?'-' , FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: L-?/,D,) /n6 PRO PROTHONOTARY SHERIFF'S RETURN - REGULAR CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WEIDNER DEAN A AS TRUSTEE the DEFENDANT , at 1617:00 HOURS, on the 8th day of August 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 08/09/2006 PHELAN HALLINAN C MIEG By: day fgeputy Sheri A. D. SHERIFF'S RETURN - REGULAR -CASE NO: 2006-04446 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS REMPEL IVAN E ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon RUBIN JOSEPH AS TRUSTEE the DEFENDANT , at 1617:00 HOURS, on the 8th day of August , 2006 at 240 EAST LAUER LANE CAMP HILL, PA 17011 by handing to CLAIRE REMPEL, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 s 17 10.00 R. Thomas Kline .00 16.00 08/09/2006 PHELAN H Sworn and Subscibed to By: before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY : COURT OF COMMON PLEAS RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT : CIVIL DIVISION Plaintiff Vs. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendants NO. 064446-CIVIL TERM TO: DEAN A. WEIDNER, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 FILE COrm"Y DATE OF NOTICE: AUGUST 29, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY cc: Frank E. Yourick, Jr., Esquire Po Box 644 Murrysville, PA 15668 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY : COURT OF COMMON PLEAS RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff Vs. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendants TO: JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 DATE OF NOTICE: AUGUST 29, 2006 : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 064446-CIVIL TERM FILE COrY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 cc: Frank E. Yourick, Jr., Esquire Po Box 644 Murrysville, PA 15668 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: FRANCIS S. HALLINAN, ESQ. Identification No. 62695 Suite 1400 One Penn Center at Suburban Station Philadelphia, PA 19103 (215) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact VS. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-4446 VERIFICATION OF NON-MILITARY SERVICE FRANCIS S. HALLINAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant Dean Weidner, as Trustee is over 18 years of age and resides at 240 East Lauer Lane, Camp Hill, PA 17011. (c) that defendant Joseph Rubin, as Trustee is over 18 years of age and resides at 240 East Lauer Lane, Camp Hill, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE 'Q. V s ?? tom.. 7 o 1V =r:,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact Plaintiff vs. Ivan E. Rempel Claire L. Rempel Dean Weidner, as Trustee Joseph Rubin, as Trustee Defendants CIVIL ACTION - LAW NO. 06-4446 Notice of Entry of Judgment in Accordance with Pa. R.C.P., Rule 236 Notice is given that a Judgment in the above-captioned matter has been entered against Dean Weidner, as Trustee and Joseph Rubin, as Trustee on By: If you have any questions concerning this matter, please contact: FRANCIS S. HALLINAN, ESQUIRE Attorney for Party Filing One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. "- k PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff vs. Ivan E. Rempel Claire L. Rempel Dean A. Weidner, As Trustee Joseph Rubin, As Trustee 240 East Lauer Lane Camp Hill, PA 17011 Defendants PRAECIPE TO WITHDRAW MOTION FOR SUMMARY JUDGMENT TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion for Summary Judgment filed on or about September 25, 2006 without prejudice. Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County No. 06-4446 Civil Term Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP ?" 4 . --V k??- DATE: IJ? ?o BY: Sheetal R. Shah-Jani, s ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: SHEETAL R. SHAH-JANI, ESQUIRE Identification No. 81760 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank As Trustee By Residential Funding Corporation, Attorney-In-Fact 4828 Loop Central Drive Houston, TX 77081-2226 Plaintiff VS. Ivan E. Rempel Claire L. Rempel Dean A. Weidner, As Trustee Joseph Rubin, As Trustee 240 East Lauer Lane Camp Hill, PA 17011 Defendants Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County : No. 06-4446 Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Praecipe to withdraw Motion for Summary Judgment, was served by regular mail on counsel for Defendants on the date listed below: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 DATE: ?? 1D Sheetal R. Shah-J ', Ekquire Attorney for Plainti G"' -i s 02%21/1994 16:49 6092190173 PHARMACO AFFWAVIPT OF SERVICE PLA IRt JV MORGAN CHASE BANK AS TRUSTEE WV RE$ID$NTIAL FUNDING WRPORATION, ATTORNEY-IN-FACT DEFENDANB'(i3) IVAN E, REMPEL CLAMS L. REWEL DEAN A. WEIDNER, AS TRUSTEE JOSM RUBIN, AS TRUSTEE SERVE: IVA14 B. WWI, ?????t.AWR LANE L, PA 17911 PAGE 12 CUMBERLAND COUNTY CQS No. 06-4446 ACCT. 07989908 Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 SERVED Served and mrtls h mm to =Lt,40 E• (n? i f rti j e [ • Defendant, on the 2 day of Q C fob a r 2004, at S? o'elouc_.m., at 21.10 E. 1 o /lC , Commonwealth of Pennsylvania, in tlsmmt wer described below. ?De&aiilirt?itsc'n'?y'aw°d' r A?ik >MaBY metitber with whom Dofetxkunt(a) reside(s). Name and Relationship is ?,/?! te Aduk is Agge of0efmdant(s)'a residence who refused to give name or relationship. of place of lodging in which Defendant(s) reside(s). Apaat t* piston in dtarge of Dohndattt(s)'s office or usual place of business. an officer of said Defetidant(s)'s comp4ny_ Odner: Description: Aile5_'& Co Ifeightst?" Weight Race W Sex F Other 1. 0.u v_ KO 6e _u .. competent adult, being duly sworn according to law, depose and state that I personally handed a true and coned cWoft to In OCe of Sheriff's Sale in the manner as set forth hcrcin, issued in the captioned case on the date and at the address halowl Dove. to rmd IA. By' AT LEAST 3 T EWES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATRICIA E. HARRIS NOT SERVED Commission Expires June A 2008 On the day of 2000_, at o'clock _.m, Defendant NOT FOUND because. _ _ Moved _ Urimwn No Answer 1't Attempt:, / / Time: Vacant 2"e Attempt: 3rd Attarp>k ?/ / Time: Sworn to and salwdribed before me this ? day of 109 Notary: By: j Mama Daniel G, 8 a?hlr - LD, No. 62205 Timer 06 '4 ? c"? ? ?.? YJti ?' w.+ l/r?? +...? _ ?r ? fir-. " __ _?+ ?-+ ' a ? '? 02/21/1994 16:49 6092190173 PHARMACO PAGE 13 AFMA'VIT OF SERVICE CUMBERLAND COUNTY PLAINTE" JP MORG+AN C)('IASE BANK AS TRUSTEE CQS BY RESIDENTIAL FUNDING No. 06-4446 CORPORATION, ATTORNEY-IN-FACT ACCT. #7989908 PI{s# I3`i (aq DEFENDAlW IS) IVAN E. REMPEL CLAIRE L. REMPEL Type of Action DEAN A. WEMNER, AS TRUSTEE - Notice of Sheriffs Sale JOSEPH RUBIN, AS TRUSTER Sale Date: MARCH 7, 2007 SERVE; C)EirOI.. IZMPZL 20 LAUSR LANE CAM *LL, PA 17011 SERVED `? Served and made known to C l 4 P t l• • Fem (??,? , Defendant, on the _z day of 6t elobtr , ZQ( at O'CkK* f_.rn., at 240 C. lt?a?,K 19LI%C , Commonwealth of Paunyh+awik In the moaner described below: ?DslAegM?MtPRIK lady served. Adak meatier with whom Defmtdatnt(s) reslde(s). Name and Relationship is Adult M x:IItW of Defettdattt(s)'s residence who refused to give name or relationship. 1610400Clork otplece of lodging in which Defendant(s) reside(s)- AV* of pawn in charge of Defendmt(s)'s office or usual place of business. an officer of said DefendanK$)'s company. Otter: Description, A,ren? Height r)71t Weight -ftr Race _W! Sex t?' Other j. c G ur d 6#f+S _ a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of Ow Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the addrwa h0av old above. rn to end bef 12 By: RVICIE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. PATRICIA E. HARRIS Commission Expires June 16, 2008 NOT SERVED On the &Y of , 200_, at Moved __ Unknown No Answer o'clock i m-, Defendant NOT FOUND because: - Vacant I" Attempt: ! ! Time: 3rd Attsn*t: / / Time: Sworn to end sabrcribed before no this day of 206 Notary: By: Daniel G. !3 dare - I.D. No. 62205 2°d Attempt: / / -Time: ....a " yl 7 _ . '., 02/21/1994 16:49 6092190173 PHARMACO AFF[DAVIT OF SERVICE PLAIt MEWk ? hMGAN CEASE BANK AS TRUSTEE *Y IMIDUTrIAL FUNDING 4tol"RATION, ATTORNEY-IN-FACT DEFENDANV"? 1IVAN E. REN"L CLAIRE L. RIt:MPEL DZAN A. WEIDNER, AS TRUSTEE JOUPH RUBIN, AS TRUSTEE SERVE: D . 'W?DI'1i, A$ TRUS'T'EE LATER LANE G ' ?'A 17'011 CUMBERLAND COUNTY PAGE 14 CQS No. 06-4446 ACCT. 07989908 ?49#- i37t aq Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 SERVED Served and mob knew to D MA A. WC i ? ? e f . Defendant, on the day of 0c 4 ar , 2o0 4 at I 6V$*je.a?„at2?16 E [aw&i- lu/tC Commonwealth of Pennsylvw* 1b #?MS uobm described below: K.Ad Wigoob" served. . with whom Defendant(s) reside(s). Name and Relationship is,/NO 1' ktr t`n 644,1 Ad%* o0Dehndant(3)'s residence who retitled to give name or relationship. 11+1 ud~ of olw* of lodging in which Defendant(s) reside(s). Agoobt ptal = hi charge of Defendartt(s)'s office or usual place of business. i an officer of said Defettdant(s)'s company. Other; Dewiption: Ara ?M-JO Height f?-14t Weight 111t Race W Sex Other I, _ __ susO?e/`•! S a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and cof%W C W oftbe Notice of Sheriff a Sale in the manner as set forth herein, issued in the captioned case on the date and at the address %AWW -bowl, BT JJ c?.,-c? lade SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State c sew Jersey NOT SERVED PAT:'.'- -!A E. HARRIS Fission ExpireBf 16,2008 200, at o'clock _.m., Defendant NOT FOUND because: Moved' Uldmowa No Answer 1't Attempt- / / Time: - Vacant tad Attempt: Time•? 3rd Atte _ I / Timer Sworn to and slbwrrfbod before the this „?-1 -11, day of -200--Notary; BY ASK= Dankll G. 9e - LM No. 62205 02/21/1994 16:49 6092190173 PHARMACQ AFFIDAVIT OF SERVICE PLAINTIFF 4p 190ItGAN CHASE BANK AS TRUSTEE HY RESIDENTIAL FUNDING CORMIRATI<ON, ATTORNEY-IN-FACT DEFENDAIMS) IVAN E, REMPEL CLAW L, REMPEL DEAN A. WEIDNER, AS TRUSTEE josaPH RUBIN, AS TRUSTEE SERVE: JO BUNK, AS TRUSTEE 24*:%Aft LAYJER LANE CA>!i! ;NB,L, PA 17011 CUMBERLAND COUNTY No. 06-4446 ACCT. #7989908 PAGE 15 CQS pew M O`k Type of Action - Notice of Sheriffs Sale Sale Date: MARCH 7, 2007 SIR VED Served and male known to ?(??,? l'? 61 /x Defendant, on the ?J day of at 3: S`v , o-cio&-to., st 1-14 E• 1 Gue/` 64C , Commonwealth of PermsylvaWk hi do mfenar dexo 1bed below: "' r'°"'dltiyr Adult lsawiifj? mmnber with 'ervwd. whom Defendant(s) reside(s). Name and Relationship is o f l?t/' `^ )k?, AA* Mt 4hoW dDefbtdenKays resldertca who reflised to give name or relationship. MmgprAftk ofplece of to &g is which Dofendant(s) reside(s). -- Agsnt a pmon 6t charge, of Ddcndaet(s)'s office or usual place of business. _ an officer of said Defendant(s)'s company. Deaeripdon: AMa e, -!jo Height E 7%t Weight .Lys" Race w sex F Other ;, 4MUt'A jgWe/'+ S a competent adult, being duly sworn according to law, depose and state that I personally handed a true and corma copy of the Nonce of $heri s Sale is the manner as set forth herein, issued in the captioned case on the date and at the addrm W11040d above. AT LEAST 3 TIMES. INDICATE DATES & TIMES Of SERVICE ATTEMPTED. PATRICIA E. HARRIS v Comr„ission Expires June 16, 2008 NOT SERVED On the dtty of . 200 at _ o'clock _,,.m., Defendant NOT FOUND because: - Moved Unknown No Answer vacant I" Atteewpt ! ,, _ / Time• 'd 2 Attempt: / / Time• 3rd Atte•#t:, /? /_ ,,,,,, Time:,?_r _ Sworn to and 9*60" before ms this _.., ?... day of : 706 _ Notary: By, r Danis G. ? gMre - I.D. No. 62205 N ;-) ['_ _ ???a t.'"'? "a'3 ? 7'S ?'" _, . ^?^ ..;..f j i i _, - _.. - i .., , _, . - -.-? ? ...?. ? ? ~ "t3 ?'? ' i !`?. -?+ --c i.,? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 VS. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-4446 PRAECIPE FOR CONSENT JUDGMENT AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of the Plaintiff and against IVAN E. REMPEL and CLAIRE L. REMPEL, Defendant(s) in accordance with the Consent Judgment dated OCTOBER 5. 2006. Assess Plaintiffs damages against IVAN E. REMPEL, CLAIRE L. REMPEL, DEAN A. WEIDNER, AS TRUSTEE AND JOSEPH RUBIN, AS TRUSTEE as follows: As set forth in the Consent Judgment Interest- TOTAL $13,637.66 $185.25 $13,822.91 DANIEL G. SCHITEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 137129 *PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY : COURT OF COMMON PLEAS RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT : CIVIL DIVISION Plaintiff Vs. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendants : CUMBERLAND COUNTY NO. 06-4446-CIVIL TERM TO: DEAN A. WEIDNER, AS TRUSTEE 240 EAST LAVER LANE CAMP HILL, PA 17011 FILE COPY DATE OF NOTICE: AUGUST 29, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 cc: Frank E. Yourick, Jr., Esquire FRANCIS S. HALLINAN, ESQUIRE Po Box 644 Attorneys for Plaintiff Murrysville, PA 15668 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY : COURT OF COMMON PLEAS RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT : CIVIL DIVISION Plaintiff Vs. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendants NO. 064446-CIVIL TERM TO: JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE FILE CAMP HILL, PA 17011 DATE OF NOTICE: AUGUST 29, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CUMBERLAND COUNTY cc: Frank E. Yourick, Jr., Esquire FRANCIS S. HALLINAN, ESQUIRE Po Box 644 Attorneys for Plaintiff 0 Murrysville, PA 15668 •PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, v. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4446 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant IVAN E. REMPEL is over 18 years of age and resides at, 240 EAST LAUER LANE, CAMP HILL, PA 17011. (c) that defendant CLAIRE L. REMPEL is over 18 years of age and resides at, 240 EAST LAUER LANE, CAMP HILL, PA 17011. (d) that defendant DEAN A. WEIDNER, AS TRUSTEE is over 18 years of age, and resides at, 240 EAST LAUER LANE, CAMP HILL, PA 17011. (e) that defendant JOSEPH RUBIN, AS TRUSTEE is over 18 years of age and resides at, 240 EAST LAUER LANE, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff -CQ- ?n t C- . ?, C 7 F (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4446 Defendant(s). DANIEL G. SCHMIEG, ESQUIREA Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 137129 Notice is given that a Judgment in the above-captioned matter has been entered against you on NOU I 200 (v By: If you have any questions concerning this matter, please contact: r ?t f Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 06-4446 CONSENT JUDGMENT AND NOW, This day of , 2006 it is hereby agreed by and PHELAN HALLINAN & SCHMIEG, LLP By: Sheetal R. Shah-Jani, Esquire Identification No. 81760 One Penn Center at Suburban Station Suite 1400 1617 J.F.K. Blvd. Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank as Trustee by Residential Funding Corporation, Attorney-In-Fact vs. Plaintiff Ivan E. Rempel Claire L. Rempel Dean A. Weidner, as Trustee Joseph Rubin, as Trustee between, JP Morgan Chase (hereinafter "Plaintiff'), by and through its counsel, Sheetal R. Shah- Jani, Esquire and Ivan Rempel and Claire L. Rempel (hereinafter "Defendants") by and through their counsel, Frank E. Yourick, Jr. , Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage on the property located at 240 East Lauer Lane, Camp Hill, PA 17011 (hereinafter the "Property"); WHEREAS, Defendants are the mortgagor and owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage due March 1, 2006 and each month thereafter are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are due forthwith; WHEREAS, the parties to this Consent Judgment are desirous of resolving the issues -vim I raised in the Complaint and therefore, Plaintiff and Defendants agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against the Defendants in the sum of $13,637.66 plus interest from August 2, 2006 at the rate of $2.85 per diem and other costs and charges collectible under the Mortgage, for foreclosure and sale of the Property. 2. Plaintiff may immediately file the instant Consent Judgment with the Court. Although Plaintiff shall file the Consent Judgment and may list the property for Sheriff's sale, Plaintiff agrees that the earliest date that this Property maybe sold at Sheriffs sale is January 29, 2007. 3. Defendant's Answer filed on August 18, 2006 is hereby withdrawn with prejudice. 4. In the event that, prior to a Sheriffs Sale, it is determined that Plaintiff has expended sums with regard to the Property, including but not limited to real estate taxes and insurance, then Defendants will stipulate with Plaintiff to the reassessment of damages in order to increase or decrease the judgment to reflect the expenditure made by Plaintiff. 5. Defendants will peacefully vacate the Property by the date of the Sheriffs Sale. 6. Defendants hereby releaseand forever discharge Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiffs servicing of Defendants' loan and the within foreclosure action. 7. The attorneys executing this Consent Judgment have done so only after having discussed the terms with their respective clients and having obtained their consent to be bound by the terms of this Consent Judgment. s k ' f 8. This Consent Judgment may be executed in counterpart. Date: Atofo kah Sheetal R. Shah-Jaiii, Es re Attorney for Plaintiff Date: oft, d 6 Frank E. Youri4, r., Esquire Attorney for Defendants t-.a c) ol% 5 t? s: - 35 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendant(s). No. 06-4446 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $13,637.66 `/ Interest - 8/2/06 to 10/5/06 $185.25 Interest from 10/5/06 to MARCH 7, 2007 $347.31 and Costs (per diem -$2.27) TOTAL $14,170.22 DANIEL G. SCHMIEG, ESQUIRE /I One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 13712 d Od H v w a NzZ OW ?zW wWFa a xwww?? ? ?a0 tWYaa?d O WEd?+H ' •az 00 v,zd w AAQ FV ?AC d? a O? UdW ?W O?? AO U 0 WV ? Wy o? F ? w a? ?o f o w? a w /ti 4 - 1• ?C J i Q Q q Q Q L4 Ll r 1 4 w Y -VIP rl ? H ri 0000 dddd aaaa, aaaa aaaa 5 E E E waaa aaaa aaax aaaa FFFF WWWW 0000 et ?t of ? N N N N to 14 b ZA I \/ 1~ CIS u. 4 ?a t? CY WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4446 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT, Plaintiff (s) From IVAN E. REMPEL, CLAIRE L. REMPEL, DEAN A. WEIDNER, AS TRUSTEE AND JOSEPH RUBIN, AS TRUSTEE (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 $13,637.66 L.L. $.50 Interest - 8/2/06 TO 10/5/06 - $185.25 --- FROM 10/5/06 TO 3/7/07 (PER DIEM - $2.27) - $347.31 AND COSTS Atty's Comm % Atty Paid $180.20 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 1, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Curti A. Long, P notary By: Deputy Supreme Court ID No. 62205 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No. 156, Section No. 7 and Lot No. 157, Section No. 8, Point Ridge Farms; thence along the said line South seventy degrees forty-four minutes zero seconds West (S 70 degrees 44 minutes 00 seconds W), 135 feet to a point; thence North thirty-five degrees fifty-one minutes zero seconds West (N 35 degrees 51 minutes 00 seconds W), 105 feet to a point on the line dividing Lots Nos. 157 and 158; thence along the said line North fifty-seven degrees eighteen minutes thirty seconds East (N 57 degrees 18 minutes 30 seconds E), 169.60 feet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South nineteen degrees sixteen minutes zero seconds East (S 19 degrees 16 minutes 00 seconds E), 140 feet to a point, the place of BEGINNING. BEING Lot No. 157, Section No. 8, Point Ridge Farms, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 23, Page 196. HAVING THEREON ERECTED a dwelling known and numbered as 240 East Lauer Lane. SUBJECT NEVERTHELESS, to a Mortgage dated March 13, 1978, in the principal amount of $73,000.00, between Ivan E. Rempel and Claire L. Rempel, as Mortgagors and Commonwealth National Bank, as Mortgagee, recorded in Cumberland County Mortgage Book 638, Vol. , Page 29, on March 13, 1978. BEING the same premises which Keeley Realty, Inc., a Pennsylvania corporation, by its deed dated March 13, 1978, and recorded March 13, 1978, in the Cumberland County Recorder's Office in Deed Book R, Volume 27, Page 497, granted and conveyed unto Ivan Edward Rempel and Claire Louise Rempel, husband and wife, grantors herein. PARCEL IDENTIFICATION NO: 10-18-1314-074 PREMISES BEING: 240 EAST LAUER LANE, CAMP HILL, PA 17011 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dean A. Weidner and Joseph Rubin, Trustees of the Ivan E. Rempel Camp Hill Trust, by Deed from Ivan Edward Rempel, an adult individual, as the owner of an undivided one-half (1/2) interest, dated 12/17/1991, recorded 01/23/1992, in Deed Book 35-M, page 401. TITLE TO SAID PREMISES IS VESTED IN Dean A. Weidner and Joseph Rubin, Trustees of the Claire L. Rempel Camp Hill Trust, by Deed from Claire Louise Rempel, an adult individual, as the owner of an undivided one-half (1/2) interest, dated 12/17/1991, recorded 01/23/1992, in Deed Book 35-M, page 397. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Ivan Edward Rempel and Claire Louise Rempel, his wife, by Deed from Keeley Realty, Inc., a Pennsylvania Corporation, dated 03/13/1978, recorded 03/13/1978, in Deed Book R-27, page 497. PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4446 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. kam.,J H. ?0? ' DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C=i 0 J?MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4446 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,240 EAST LAUER LANE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 240 EAST LAUER LANE CAMP HILL, PA 17011 240 EAST LAUER LANE CAMP HILL, PA 17011 240 EAST LAUER LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR., ESQUIRE 240 EAST LAUER LANE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 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. Sec. 4904 relating to unsworn falsification to authorities. October 19, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r a C-D r1i -? ? : l { co e • % JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendant(s). TO: IVAN E. REMPEL October 18, 2006 240 EAST LAUER LANE CAMP HILL, PA 17011 DEAN A. WEIDNER, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 06-4446 CLAIRE L. REMPEL 240 EAST LAUER LANE CAMP HILL, PA 17011 JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 240 EAST LAUER LANE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $13,822.91 obtained by JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No. 156, Section No. 7 and Lot No. 157, Section No. 8, Point Ridge Farms; thence along the said line South seventy degrees forty-four minutes zero seconds West (S 70 degrees 44 minutes 00 seconds W), 135 feet to a point; thence North thirty-five degrees fifty-one minutes zero seconds West (N 35 degrees 51 minutes 00 seconds W), 105 feet to a point on the line dividing Lots Nos. 157 and 158; thence along the said line North fifty-seven degrees eighteen minutes thirty seconds East (N 57 degrees 18 minutes 30 seconds E), 169.60 feet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South nineteen degrees sixteen minutes zero seconds East (S 19 degrees 16 minutes 00 seconds E), 140 feet to a point, the place of BEGINNING. BEING Lot No. 157, Section No. 8, Point Ridge Farms, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 23, Page 196. HAVING THEREON ERECTED a dwelling known and numbered as 240 East Lauer Lane. SUBJECT NEVERTHELESS, to a Mortgage dated March 13, 1978, in the principal amount of $73,000.00, between Ivan E. Rempel and Claire L. Rempel, as Mortgagors and Commonwealth National Bank, as Mortgagee, recorded in Cumberland County Mortgage Book 638, Vol. , Page 29, on March 13, 1978. BEING the same premises which Keeley Realty, Inc., a Pennsylvania corporation, by its deed dated March 13, 1978, and recorded March 13, 1978, in the Cumberland County Recorder's Office in Deed Book R, Volume 27, Page 497, granted and conveyed unto Ivan Edward Rempel and Claire Louise Rempel, husband and wife, grantors herein. PARCEL IDENTIFICATION NO: 10-18-1314-074 PREMISES BEING: 240 EAST LAUER LANE, CAMP HILL, PA 17011 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dean A. Weidner and Joseph Rubin, Trustees of the Ivan E. Rempel Camp Hill Trust, by Deed from Ivan Edward Rempel, an adult individual, as the owner of an undivided one-half (1/2) interest, dated 12/17/1991, recorded 01/23/1992, in Deed Book 35-M, page 401. TITLE TO SAID PREMISES IS VESTED IN Dean A. Weidner and Joseph Rubin, Trustees of the Claire L. Rempel Camp Hill Trust, by Deed from Claire Louise Rempel, an adult individual, as the owner of an undivided one-half (1/2) interest, dated 12/17/1991, recorded 01/23/1992, in Deed Book 35-M, page 397. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Ivan Edward Rempel and Claire Louise Rempel, his wife, by Deed from Keeley Realty, Inc., a Pennsylvania Corporation, dated 03/13/1978, recorded 03/13/1978, in Deed Book R-27, page 497. ` r 'c ? K F 4" t , a s lr- ?r3 r ? ti SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING No.: 06-4446 CORPORATION, ATTORNEY-IN-FACT VS. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 240 EAST LAUER LANE, CAMP HILL, PA 17011. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUI Attorney for Plaintiff January 25, 2007 w "r •"1 v V H? r? ad ? QQ ? V? H w Q' n All. s' p p' ? g O df y N on r r O ? r O ti+ O 02 1M $ 02.15° . 00DA218g10 OCT19 2006 MAILED' Rom ZIPCODE 19 103 O ? g P ox ` Id O a ? N O r O N W tp a R K b c ,g pO F I A F7 I a z 3 ? k? m g O W V k 4. ?+ r J}R7' 669 !! & 02 1M' $ 00¦ s 'gyp 06 . , 0004218010 00T:19 0 MAILEO FROM ZIPCODE 19103 y y A a• A a o? W 0v C 2 co •C p? 7 p R "0 N rJ un JP Morgan Chase Bank as Trustee by Residential Funding Corporation, Attorney-in-Fact VS Ivan E. Rempel, Claire L. Rempel, Dean A. Weidner as Trustee and Joseph Rubin as Trustee In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4446 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 405.26 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 24.64 Certified Mail 2.61 Levy 15.00 Surcharge 50.00 Law Journal 629.00 Patriot News 567.71 Share of Bills 16.83 $1,772.55 S s rs: R. Thomas Kline, Sheriff BYE Real Estate rgeant $1.50 A to 15 jaigaa JP-VIQRGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4446 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,240 EAST LAUER LANE, CAMP HILL, PA 17011. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 240 EAST LAUER LANE CAMP HILL, PA 17011 240 EAST LAUER LANE CAMP HILL, PA 17011 240 EAST LAUER LANE CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR., ESQUIRE 240 EAST LAUER LANE CAMP HILL, PA 17011 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 PO BOX 644 MURRYSVILLE, PA 15668 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. Sec. 4904 relating to unsworn falsification to authorities. October 19, 2006 , DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT Plaintiff, V. IVAN E. REMPEL CLAIRE L. REMPEL DEAN A. WEIDNER, AS TRUSTEE JOSEPH RUBIN, AS TRUSTEE Defendant(s). CUMBERLAND COUNTY No. 06-4446 October 18, 2006 TO: IVAN E. REMPEL 240 EAST LAUER LANE CAMP HILL, PA 17011 CLAIRE L. REMPEL 240 EAST LAUER LANE CAMP HILL, PA 17011 DEAN A. WEIDNER, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 JOSEPH RUBIN, AS TRUSTEE 240 EAST LAUER LANE CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 240 EAST LAUER LANE, CAMP HILL, PA 17011, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $13,822.91 obtained by JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. A . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ,A LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hampden, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the western line of East Lauer Lane, which point is the line dividing Lot No. 156, Section No. 7 and Lot No. 157, Section No. 8, Point Ridge Farms; thence along the said line South seventy degrees forty-four minutes zero seconds West (S 70 degrees 44 minutes 00 seconds W), 135 feet to a point; thence North thirty-five degrees fifty-one minutes zero seconds West (N 35 degrees 51 minutes 00 seconds W), 105 feet to a point on the line dividing Lots Nos. 157 and 158; thence along the said line North fifty-seven degrees eighteen minutes thirty seconds East (N 57 degrees 18 minutes 30 seconds E), 169.60 feet to a point on the western line of East Lauer Lane; thence along East Lauer Lane South nineteen degrees sixteen minutes zero seconds East (S 19 degrees 16 minutes 00 seconds E), 140 feet to a point, the place of BEGINNING. BEING Lot No. 157, Section No. 8, Point Ridge Farms, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book 23, Page 196. HAVING THEREON ERECTED a dwelling known and numbered as 240 East Lauer Lane. SUBJECT NEVERTHELESS, to a Mortgage dated March 13, 1978, in the principal amount of $73,000.00, between Ivan E. Rempel and Claire L. Rempel, as Mortgagors and Commonwealth National Bank, as Mortgagee, recorded in Cumberland County Mortgage Book 638, Vol. , Page 29, on March 13, 1978. BEING the same premises which Keeley Realty, Inc., a Pennsylvania corporation, by its deed dated March 13, 1978, and recorded March 13, 1978, in the Cumberland County Recorder's Office in Deed Book R, Volume 27, Page 497, granted and conveyed unto Ivan Edward Rempel and Claire Louise Rempel, husband and wife, grantors herein. PARCEL IDENTIFICATION NO: 10-18-1314-074 PREMISES BEING: 240 EAST LAUER LANE, CAMP HILL, PA 17011 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Dean A. Weidner and Joseph Rubin, Trustees of the Ivan E. Rempel Camp Hill Trust, by Deed from Ivan Edward Rempel, an adult individual, as the owner of an undivided one-half (1/2) interest, dated 12/17/1991, recorded 01/23/1992, in Deed Book 35-M, page 401. TITLE TO SAID PREMISES IS VESTED IN Dean A. Weidner and Joseph Rubin, Trustees of the Claire L. Rempel Camp Hill Trust, by Deed from Claire Louise Rempel, an adult individual, as the owner of an undivided one-half (1/2) interest, dated 12/17/1991, recorded 01/23/1992, in Deed Book 35-M, page 397. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Ivan Edward Rempel and Claire Louise Rempel, his wife, by Deed from Keeley Realty, Inc., a Pennsylvania Corporation, dated 03/13/1978, recorded 03/13/1978, in Deed Book R-27, page 497. WRIT OF EXECUTION and/or ATTACHMENT a COMMONWEALTH OF PENNSYLVANIA) NO 06-4446 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE BY RESIDENTIAL FUNDING CORPORATION, ATTORNEY-IN-FACT, Plaintiff (s) From IVAN E. REMPEL, CLAIRE L. REMPEL, DEAN A. WEIDNER, AS TRUSTEE AND JOSEPH RUBIN, AS TRUSTEE (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 $13,637.66 L.L. $.50 Interest - 8/2/06 TO 10/5/06 - $185.25 --- FROM 10/5/06 TO 3/7/07 (PER DIEM - $2.27) - $347.31 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $180.20 Other Costs Plaintiff Paid Date: NOVEMBER 1, 2006 C s R. Lon onot (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 41 eo GD 4 On November 07, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 240 East Lauer Lane, Camp Hill, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 06, 2006 By: Real Estat Sergeant SS :8 V L- AGO 19001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: January 26, February 2 and February 9, 2007 Afflant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 41 Writ No. 2006-4446 Civil JP Morgan Chase Bank, as Trustee by Residential Funding Corporation, attorney in fact vs. Ivan E. Rempel, Claire L. Rempel. Dean A. Weidner, as trustee and Joseph Rubin, as trustee Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of Hamp- den, County of Cumberland and State of Pennsylvania, more particu- larly bounded and described as fol- lows: BEGINNING at a point on the Lisa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL v LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 20U9 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 in the 24th and 31st day(s) of January and the 7th day(s) of February 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#41 RA= 041 M S 9? P1 I t P 7t It fM1Ulr.,OS ? b ling - aftliwt a f? ?1E ? L 4 ro ?wila ? t ? ALL TW (BiCfA K tart of iw dmo, in the Tom of .Ropdnk Cwety Nd sdr k rt tr,;, ? pn?l?ba?d+Mod»?aws: ??ro l?rt? !!4iAi?a41 s tie;a?e ?? ` 14"t ad 1,arW& 157, ................... . ... . Swornto and b r be before me this COMN Nw& pq?WVANIA Notarial seal Public Terry L Russell, Notary Public City Harnsbur Dauphin County ? missio fires June 6, 2010 / e nia Associatio of Notaries 11 NOT AY Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 r PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Residential JP Morgan Chase Bank as trustee by Funding corporation, attorney-in-fact Plaintiff VS. Ivan E. Rempel Claire L. Rempel. Dean A. Weidner, as trustee Joseph Rubin, as trusteeDefendant(s) PRAECIPE TO THE PROTHONOTARY: Court of Common Pleas Civil Division : Cumberland County : No. 06-4446 Please mark the above referenced case Discontinued and Ended without prejudice. -Please mark the above referenced case Settled, Discontinued and Ended. -Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice- -Please withdraw the complaint and mark the action discontinued ended without prejudice. n r / I Date: _14--2)(5-7 rancis S. Ha linan, Esquire Attorney for Plaintiff ATTORNEY FOR PLAINTIFF PHS# 137129 G f CZ3P O w w C--) r 4 3 ;'v N