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HomeMy WebLinkAbout06-5089,.00. SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., ATTORNEY I.D. NO. 86727 LAUREN R. TABAS, ESQ., ATTORNEY I.D. NO. 93337 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 MEGAN D.H. SMITH, ESQ., ATTORNEY I.D. NO. 84047 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank COURT OF COMMON PLEAS 1270 Northland Drive, Suite 200 CUMBERLAND COUNTY Mendota Heights, MN 55120 PLAINTIFF NO: 0(. -S-op? l_.. nt-O LCELin vs. Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 DEFENDANT ; COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ,' PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. `r NOTICIA LE RAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECRA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTARUNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 K. v ?'?B@RT P.$1EGLER .CCROER OF DEEDS AERLANO COUNTY-p'. '03 SEP 25 RM 18 07 laPaaAesm IfM tJaePer ttmMlaa Deal mm.l MORTGAGE FM CAM NO. 441-73411M THIS MORTOA08 CSKAIMy Inaeomeat") k Sim on 14ptaert w 29, 7009 TM mo•. nisi is Jim "%. NapM CBan war"). This Sam* lu ument It om to Mortpga mtattonio ReyimmUm Sysmms, Im C1 UM') (solely as somirm for Loader, as hemmadtetdefinod. ad Leader's momeson sad anipts). as beadiday, MUS is atpdaad and exiewd Under to hers of Dahwsm tad has as addttn and mkpbom number of P.O. tax 2026, F7nt, MI 4MI-2026. ml. (m) MMBRS. Grbway FusttNnO DWrnNIM morwo Bttrvloa, L.P. ("fetch") is organised and exi And under the laws of PENNSYLVANIA ' sus an address of 500 Olflae CMtta Drim Butte 94 Fort Wa4hktttoa, PENNSYLVANIA 17074 Burrower oww Leader the pthltapml sett oP t)A Hundred NIA ThWWd Om Ntmdrod and aofloo Dollars (U.S. t 14%100A0 ). This &h is evidenced by Bowumves's note dated the taaw dam as thin Security Tuacrutow ("!Note"). which pw4d s for mmddy payments, with the full debt, if notpaid *wW, due and payable on Odweer 01, 2099 This Seeutity Iattetm m so=" to Leader. (a) the wpaymem of the debt evheaced by the Note, with i temt. mod all nmewsbl, esxandoms ad modifications of the Now (b) rho psymat of all other sums, with lotaest, advanced under pamSmph 7 to protect the warty, of this Security Justin ant; and (c) the patfolimanoc of Boaot hr's covenants and s at»tdeatt tmdrr title 9rAmity Iristetmwot std the Nna. Pa this pwpow Botrowm does baeby mm pvr gran s d cmvay to MW (solely as nomhnee fa (.eater and Lcada's waesmm and assigns) and to the sucoereora and uugar of MARS the fouowing described propsm located in CwdwftW County, Pemaylvaoia: PHA R) MYLVIWIA sfO l"01 • MW Itavwra.,lmwl (Pair /H7pgar) ages amunaw ae,a,OR tewtltab [1r11t•a4nn¦ OKI837PG4145 which hear the addles of 20S Hum" Awntes LWINDPW ftmsylvu& 70 ("PsopatyAddles"): TO(RTWIR WITH aU the iWovemants mow or Wtodsnameted an the ptoputy, and d euemensa, appmtamros. ad fbmttes now of hersaflet a pan of this property. AU mphmmem s ad adWom sbol oleo be eaaad by dis Severity lnaimanaa AU of the focagofmg is ufertd to it this Security Instrument as dr'Pfoperty." Borrower undessuands and apses duo MGRS taldf only kgd tkb to the Wesssta Wanted by Barrow hit fhb Seamy hasumnW. WL f aamrrey to comply with law as comm. MIDIS (as motnkse for Lacer and leoWs su xasaws and nsipt) has the tilt to exercise ary or an of tbosa lawats, WAudleu, but out baud to, the d* as faeeMwaod sU on Ptoperty; ad to take any action requaed of Loader koladfsg, but act lhasrd co. releasing or =soft this Security Instrument. BORROWER COVENAMS the Donower b uwtub scad of this awns hereby conveyed and hat do cat to maspp, Want and eamvey the Aoputy and thug the Property is unenambemd, except far vaovokowts of tocerd. Barrows warrants and wool defad paeraIly the dtk to the Ptopaty apimt all dais and deem ds, su*a w any encupd reams of record. THIS SECURM DMUMENI cmaba s unifamt eovanaatt far uotkW use and von4a fore covenants with Umiud variatLeS by judsdMon to conaftor a unfocmt security k owsom wvarimgtea] property. UNIFORM COVENANTS. Borrow and I endsr oavocaut and apra as follows: L Paymtaq sf lrWpakfatsas aW Late Cbwp. Bat tower dal pay when due the prkcipal of. amh ktaaett oar. the debt evidenced by rbe Note and late charge due order the Note. & MONO Payment or'i suss, Isornmetaad Other Cb wp& Borrower sbau decode a arch moo" pay+nem, rep ther wide the prlov%pal ad We= as act forth k tm Note sat any boo dhap% a sum for (a) tats and spatial am is levied or to be levied tpimt rte Prop my, (b) leasehold paymwts or tsatmd ma as dst Property. and (c) pct MWM for iartmttacs mw*cd under paraWaph a Ins any year in WWch the Lender mast pay a Mae" loot mum prorriu m to the Scaray of housing and UA>w lkvobpmm (`Secretary"), or in army year in Waft thus pmatium world have been squired It Lender twill bell the Someby lnstttmtam, snob mmatbly psyme m shag abo inckle ehbet: 0) a am for the animal mottpp ksuraoee poems m to be paid by Lander to the Secretary. or (g) a mcatbty abarp knad of a mortpp miumme pmmitm f this Security batromost is held by the Secretary. k a mosanoW s mauat to be determined by to Secretary. Except fort emooft dwp by the bnowy, than hems an woad "Bserow looms" ad the sums paid to Leads weadW EaorowFwdr." Louder may. at any time. wBea seat hold amounts for Escrow hentsIn an *Sppte amow not to exoced the maximum amount do may be required for 9owowa'4 escrow account metier an Real Bob 9edlemxst hooe lacer An of 1974, 12 U.S.C.1 1601 gi M and implementing reptlatiats, 24 CPR Pen 3500, as day may be amended Gars rime to time ("=PA"), swept that the oustdon to tense pamlmM by RBSPA for unsorieipeW dlebmameoN or disbursements before the Barowees payment an avauable k ft Now may mot be bared an s mmumh doe far the most" karma pmmbm. If that amounts bold by Leda for Escrow Immr totmad the amounts permitted to be bold by REV& Lades shish arasumt to Bommtar for no excess funds as required by RESPA. If the amounts of funds hell by Leader at any time am cot tufbAomt to pay sheBoarow trams when due. Leodar may notify the 8omowwr and mquks Barrmrer to make up the sbos W as permitted by RESPA. TLe Escrow Ponds are pbdpd to addhiond socuity for aU fume seared by this Security Imtrnmemt. If Borrower ttudora to Lender me fall payment of aU such aims, Bomwer's smoum"be credited with the balance tanmbtbtg for W ltatdktast items (at (b), cad (c) and any matg¦p )nnmence premium unediment that Leader lea not became obgpled to pay to rite Scomary, ad Larder aW promptly refund any excess fmda to Borrows. Istmodomily prior to a fineolant" sale of the Property or its samiti<ieu by Leda. Borrower's ac obnt shag be aedlted with any bakma ratahhkg for all Wtalkmamts for hum (a). (b), and (c). 3. ApplWdi maf faymemfs. AU paymsmu umderpamWapha 1 Wad 2 go bar applied by Leddtr ar follows: pJg$(j, to the monpp batuenm premium to be paid by Lander to the Secretary or to the measly cMW by the seaduy instead of %a mom Wy mattpge tnamaoce ptetaham; MUXM- to any taxes. vpecW asstsaamnts, lessoboid payments or gtoad rams, and fire, flood and other hazard insurance premiums, as required; egg to interest due under the Note; PDLWM- to amoniradas of due ptiacipsi of the Note: and JW, to late cbargas dare under the Note. Ram Srn tam anansre ¦ BR 18 37 P?+ ? 45 r. abrwt? rswaeuawnr•mt.rn, L Pie, Hood aced aDtlta ttsuard Laatarmba. Barowar SW Imes" W impovrnew on the Property, whegber now n existence or fib' erected, SOW any kxm*, easusaia. and aantiowamer. iockrdiq fk% for *Uh Leader requbes insurance. This mrutance shoe be mahaaioad N the % mounts std for the periods dent [ender requires. Btsrosffr shad ate kwuw all bmprovanaeaa on Ow Property, whedw now in cAr , I or sobsegaernly encenC apiart loss by floods to rho saw reguked by rho Secretary. AIi li smata: shag be cerrbd midt compudec approved by tender. The mmatace pobass cud AM rsucwds 9M be field by Lender and dnM 6anlods Was payable chum in favr of, ad In a four acceptable to, Lender, In the event of last. Borrower %W pvo Leader imuadhts Pairs by suit. Leader tray make proof of Jose If mot made prompry by Banwur. Each insoraace company caeased b hereby wdbwbed and *maW go make pahm om for such low dbeotly to Leader. nstead of toNarrow std to Leader Jointly. An or any laid of rho iteuaea proceeds easy be applied by Lestder. at its optian. ekber (a) to foe adueft of the k deb%&" rider the Note and thb 5setrky himment, fat to soy ddoapwan ammu applied is ties order is psraynph 3, said ;onto prepayment of pmv:V 1. or (b) to flea reskautuar repair of ties daarapd property. Any epplkubm of der proceeds to the pti c%W slip not exact or poRpisne the due dsee of the mowNy paynww which ace refaced to in paragraph I, as cbat>,s ties wi mt of such peyraws. Any emost insurance prosssds over an mount requaod to pay all outstanding indskednps under the Now and thb seeuaity Iastrumaa dial be Paid to the eraity leplly entitled thereto. b the even of foteeleams of this Saci rky Iostrnrnpn or other treader of We to do Property ghat extnpbbas On ndebtadaen. W add. tole tend lawcesr of Saviraar In ad to insurance po5du in farce shall par io the pwelmcr. A Oaupeney, Pnleematlat, Mdalassnes mad Ptwcd m of the Property; >fouovarro Ivan Application; dewed d& Borrow sng oaupy, establh6, and an the Poopeny u Btrsovrer's prlnalpal tafdem w4b sbtty days After the eaearr(an of errs Se atrity Iasktmtent (or vsbldn smy dgga of a law sale or treader of flee Property) and shag ventilate ro oaupy flat: property as Bortovwr's pdddpal nddsuce far at but one yw dter the date of aoeopanry. vats" Lender dewrmnas that rsgakement will csum undue huerdshlp for Baerower, a oniea extr WOng ckmtmstaaea etch 410111 are beyond Banower'a ramrod. Bounewr hag oodfy Lerdm of Any ewonvaaoh ehatrustmoss. Bornmer sbW not ammo was a or destroy. damap or substantially obsuppe the Property of allow On prepsty, to deteriorate, reasonable wear and tear excerpted. Lender may inspect the property B On psopatY is vacaat or abandoned or the lace is in default. Leader may take fsasomilak utimt to prow and prawn audr view or obraodofad property. Brrawer shag also be in default if borrow, duff tie ban opplimion proceta, give mmarialy false or Inaccurate information or unquaeea w Lander (or failed to provide Lander with may aaftstal bdoPnation) In cam ecdob wah tits firm r4deaord by the Note, nchadk* but sot Gaited to, tspsewe atkws eoamntei Borrower's ocnrpsaoy of der Property as a pngdptd reddeare. If fhls Senmity Insrumeat It on a h:wbold. Borrower " aafpty wah an pravisiaa of the Inse. If Borrowa acguirss fee We to dw property. the teasehoid ad roe title dal not be mscpstd unicas fender apes coda gawWin w*W. fr. Condmmd&L The proceeds of any award of Claim for damages, dheot or eauegortdal. in connection wkh any condemnation or other taking of any pot of rho Property, or for oooveynaw in pleas of woderaatlam, are bereby aaipad and ahol be paid to L.endw to the extent; of the roll amount of the bedebladnma that remains unpald tinder due Noce aced this Secwity Instrument. Leader sbsl apply sLvb proceeds to dta reduction of the bdobteom under foe Nona and dice security Instruments, fat to any dd'npw saonms applied In On alder provided In paragraph 3. and given to prepayment of principal. Any appNwlan of tie proosees to doprioeipal elan not exand«postpone the duo data of the mathty psyaanta whkh are refeeredto in patapapb Z. or ebsup rice smam of ash payments. Any novas procexds over an amount ngWM go pay as oustadbus ndebradmea under der Nate and dub Sect ray lostru Twat slab be paid to the stay leply am" thereto. 7. C hug stn IWerovaar acrd IRotactNaaf Lander' s >4 Hue Anparty. Boaotser dial play an povwmmettal or mankipal dtaedes, fain aid impositions ;tat an mot Waded in paapapk t Botroaer sW pay toms vWw* s on there dkecdy to the on* sub ieb b aired flee payment. It fslme to pay *add adveraely affect gander's ;ceases; to ft property, upon I.ad@es regeea Borrower shad paomptly furnish to Leader recr4s evkbueial these pwynama If Borrower fags w make 14esC payments a On payments requited by paragraph Z, or fait to perforce Any other covomms and agreemerta mista ad la do leaeky Iadttrmans, a dam is a lepl ptroasau" Out may s*Wfku* alfea Larder's dpbta in to Property (wrdt u a proreadkV n brakettptey, faotmdemasdoa or to adowe lava or rodWatioos , thou larder may do ofd pay wbatever Is mosseary to puma the value of tW Property ad Leadar's riders in the Property, Including paymentofMans. Wizard WmutenceadodurWmsmentioned npw m*Z. Any amo ima c isburssd by Leader under this pu*p*pb stall beooarr an addklasl debt of Borrow and be secured by this Security Instrument 'those &mown shall bear merest from tla date of dobursrment at the Now rife. and attlte option of Lender dial be immediately due mid payable. p M;Mura IrW r1MY NMOr1 (1'wJ?7poderJ yaNrplr tY6e0aan 0YrtiM•1Pt Sit 1837PG4147 Borrower dull psnaapdy diad*p any Ban whkh bw ptiodty am this Security Iwwment maim Bartow (a) spas to *ricm; to dtt payment of do obiptiw waked by the bat in a memerrawep ble to Lenart, (b) cattem io good fahb On Um by, or defoods aWmt edotwwent of ** Uw in. kcal praoeedimp w ift in Abe Ladoga opbdm operate to prevent the eclenmmmt of the am- or (e) OVA" from der bolder of to am mswasmwwfaotory toIAWW m6ordleadnj the ban to trio $eanity Irtatuotm. ItLanderdaomdowrier any part of 11te ptoperly is aobpd co a 1im which M atnat p icrity over this Security Iwompsat, f attar may jive Bormw a notice identifying the lien. Bm w mn aeon m Wy the Hen or tales one or mace of the nadoaa WE face don wvi 10 days of the SWarj of notla. L Beta. Leodermaycollect fmmaddo"msihmuctlbytheSommV. p. CtmnbfwAcmduvd9GalDcbG (a) DaAnft Linder may, except a Imbed by mpkdm Wood by the Secretary In the one of payment ddsuas, wgoae b=wdLle payment In fen of aH roams wmred by tab Ssmsdy buourim if: (D Borrower ddwAu by ld* to pay in fuH stay momb)y peymmt Po*sd by this Sloudty la m= m pint to at an the due date of the treat mcaddy payment, or (o) Borrower defults by faCitq, for a period of thirty days, to perform any oterr obliptba contained it this somity insttumem, (b) Hale Wtthoat Credit Approval, Under shta, B permitted by appaoablc bw Osclodng section 341(d) of the t3am-St, Gumatin Dspoeitwy lw *xkma Act of M 12 U.S.C. 110U . NO ale wore the pttar approval of du seomury, require Immediate payment in fall of d sums wauradby this security bmument if: (1) AU or pan of tea hopaty. or a bencraw interest in a tract owamg as or pan of the property, is sold or ourcrwec usudened (other eben by dodw or descem), and (U) Tea progeny Y nor omlpied by has puadreei w peaces w his w bar pinelpal rosidsnce, or tba pardisser or gttetee does so oo=py tbs property, but Ids or het c"t less root been approved in mm"Ince with the regtdnmmts of the Secretary. (c) No Waiver. If aaanwanc es otmu tat would patmk l erndar to rcquba bntnedbtte payment In NO, but Lender does not requite such payments, Linder dame not waive to ton with repeat to abuqum ewacr. (d) Aeplatlom of HUD Secretary, in many dramuuaow repkdoos issued by eht: Swmwy ft )snit leo@t's rights, in der eats of payment defaults, to ttquiro kanadtae payment n fm and fcradme Y not pelt. Tea SwAity lastrummu don not asthaiu saekmtbm or fowclosurs H tot permitted by regulations of the saaetary. (e) Mwgap Not Iaenrm. Borrower ages that ie due Seomity Itrmansat and the Note sae rat detsmtind to be e igtbk for matanoe under der National Houeag Act wi t 00 from the date bared, lender may, at ita option regw4 ks WWtt peyaam n tuH of an sums wonted by tea Security Iaaruca mt. A wrtttm stawnmt of say hint mzwd agent of tae Scasury dared euboagumr to 60 from tba doe lamof, deoloing to iaate rich S9cudq bsirm At and ft Note. sad be deemed mwvdw wad of Each iasaj&ilhy Norem tmtims rite foregoing, this option may not be exudsad by tender whore the maveitabl ity of inomuce is aokiy doe to Landers fa8me u remit a morww Laar"m premium to the slaetary. 10. lltlweraNamnt. Imowee bas a light to be mkrAted if lender ha mqu and immediate psymeot n fad became of 110110 cr flUM to pay an amount dW WWW ttw Now or fhb Seemly lamwusent. Tab Agin applies ovan afar fomdoem ptowadnp are nerimted. To rcinsean the Sectnlty Iuewm@M Borrower sbaU render in a Ump am d amouns requited to bring Borrower's aaoOnm aacat Jododhrj, m der exam they row ONAINOmr of IJwrower wader this Security Jostram t, foreclosure rood and mamab)e and ewtommy utameys' tow sad w4ettms ptopaiy associated with the fa cciome. Ptoaeadbtg• UPm rely menent by Borrower, des Security Imar mina t and #A abuptions that k state *a remain in 91140 as if Leader had not requited brooadiax payment in fug. How9wr. Lander is not m ptind to puma rmam mum d: ()) lender hu accepted remtntsmem afar the commencement of fmv* acre proaedmp wdln two yearn kmdwety P1100ft 1110 MWAI waant of a tease fwadonoe prooeedmp (id remstatemmt wig p%vefuda fa veipMe in ditfaent gromrds in the fame, or (AA mmsmMoot will advarmV affect On priority of the So created by efts Security him m at. 1L Borrower Not Released; Votbeuwxe by Lender Not a Waiter. Exaoamm of the lime of paymmr or modifiwtim of sorts atbn of tea may medred W 116 Sow" lumm"m gamed by Lender to any twomor in buamst of Borrower fta not *peat* to hareem tea Ho mity d tae cdow sor over or sorrowses erasers is ncerest. Lender shall nor be ratI-I to cotmtaln pomediap against any s mmaer m interest or r doe 10 extmd tame for peytoeot or othurwhe modify amociwtim of the sums u mod by due Security instrument by meson of any dernaod made by the 06SW Borrower or Borrower's suacaesm In Mint. Any fatbearum by Lender to oxegbng any Agar or remedy tag not be a waiver of or parade tta *=*a of any right or nowdy. "MYr {Iaww IN Id7 t amy.,woA oK 183 TOG??'?en48 N0M4R.+eisraaum rem•rur t . 12. Suesaesesa lad Amipaa Bouadl '.. yn.+ .`bl TO on"cama opd a?WS Ott?Ot StLlnity' Inaaamua shall plod sad b m& der uncoo ro and w of Lander add BO OW, MOW to der PRO"lliCIS of pa%grzPb "( Bpnpwer,s Cwvwmaoa aid apesmmm ahaa be John and several. Any BeatOM VW Codger tilde SeonaltY lmnMM bat does mot GWM der Nets: (a) b ao7igni" d* &onaity WWOMeat Daly ro Aatppa, grant are eoaveY cat Borrower's interest b etas prapatiy under der teas of this 90cbity hatmmeati (b) b not pp+esolily allis" to WY tb funs temed by fhb 30eur(ty Iasm=eta: NO (e) apses that Lodef and my other Borrower may wpm to ezasd. modty, forever or make any annotmnodations wet regard to the terms of 06 Stoutky tmawateat or the Nee Without that Brsowa's Consent. I& Noaow Any notice to Banower pmvWW for bt ebb $wxky laaunmera "a be Om by ddivuwg it or by malliq It by that slave and mnhw appBesbls law requites mu of smatter method. Tle -Mrml apes be dilWW lo der property Address at any other addma Burrower dmqu os by saws to Grader. Arty notice to Ionia stall W given by fist dies than to Larder's addnta grated bexin or any addrasl eadw designates by trodot b Btsrower. Any notice provided fa m this security mstrownt shag be deemed to have bean *en to Borrower or Loader wban given as provided In this 4.Goveraing Law; SeretaCiBtY. This Sam* Instrument shoU be sovemot! by federal law and the law of the jwrisditAod la which the Propeay is located b ft event that any provision or ebwe of this 9eetnity Instrument or the Note eotttlktewWt applicebla low, mop God ft ahal not afoot otter provisions aft Smeky btarmment or the Now which on be given effect witbomt the confliodng provision. To this ad dw pmvUltars of this 3eemity IUMMI ant and tits Note art: declared to be severable. 15. IlmrrowesW Copt. Borrow *&l 1b; given os conformed copy Dates NOW and of fhb Security llAtfor ent. 16. tla "aria subdon es. Borrower does nor cares a pernk t!e ptasanee, use, dspo"L oomm or taWss of any Huardoms SuMnraas on or in the Aopaty. Narrower droll mot do, nor allow anYos abe 19 do, anythlog dfae" the Property that IS is violation of any Emviroaaamtsl4w. The Preceding too setaarces W as apply to ON Pte, On, or storage on the hoperty of venal tpsaraities of Hasesdmi Wbataneas that am p uraUy rampuced to to appropnio to normal resdemaal Yaws and to maioomance of the Property. Borrower shall prou"y give Lerner written tow of sty k,radgatimt, awe, demand, bwsuk of other nation by MY gavanmtmW or regnlattay agaawy or pdvate party involving as Proporty and arty Haraedon Sulacu es or Paviromaenral Law of which borrower has aumd kaowiedga. If Borrower learns, of is aotlied by say govaumental orrepdatory wtl oriry, that soy removal of other "awdiation of AMY Hazardous SnAstahca dGahug the tioparty b aac=4fY, Borrows shall ptompay take all wousoy renrdW actions lot accordance with Envhoadamsl Law. As used let this pampaph lei. wl and a Stnbaancent' as that auliftlove dtdbad es lords or basadous suWaraes by Enviromnsow Law and the following ofti mn: psalms, haoaams, odor fbmmobb or tonic patrokmtr hmodocss, task pestiddes and habloldes, vobtle vowetas, matabb eemaloing asbeaos aformatdebydr, and radioactive materials. As wad in der paragraph 15, 'Bovhomme" Law" mama fedaml laws and laws of the Jurisdiction whew the Property is loc ad that Mesa to health, safety or eavaaensaral protection. NONUNIFORM COVENANTS eoffower and IAodar fur&M covenant ad ape as follows: 17. Asalpmsut d Rents. Botroww ugcaditionaly asripa nand ttsmfaa so Grader sl the emu and mwnmes of nhc property. Bo atim authosims i=dr or Lamdels spats to cow the roses and revenues std Wroby directs each teow of the Peoperty to pay the mats to Leader or Leader's agents. However, prior to DwWs sotbe to Bonowes of Botroweel bleach of any covesnt or apestneat in der Security laswo wet, Borrower A" collect ud reoive aB area std revenues of the Property N nos for an bewflt of t/gdtn' and Barrow. Thb aaignmteat of roots constitutes an sbachae assignment and not to welplmert for addkkmal security a*. If Lander gives nonce of branch to Botromr. (a) aU teats neocved by Borrower shall be trod by Borrower es uu*w foe baron dLeada only, to be appliod to tba sums soured by slow Severity Iostrumcat; (b) La der shall be =WW to oolket and rCWW al of tin reeves of the prep dr, sad (C) seat tenant of"Property shell pay ON man" due and W"W to Ltndar or Lender's agent on Lender's written demand to dw town Borrower hes nor eaecutW any pia aaaigamaa of as react and has not am wlU not perform any act that waved preveet Lander from enarcbbtg ar righb wider fhb paragraph 17, Lander dal not be required to enter Upon, take tonhml of a Min* the Property before or after givog naive of breach to Borrows. Huwavu, Lender or a juillid ly apptriaud reoahva may do so a any tme the it a broach. Any appticaion of mss shall not cam or waive any Minsk or lrvaWsts any other sighs or rowdy of Under. This assipauem of Fonts of the Property shat wrmiase when ale debt seated by the Security Instrument a paid a ful. Tlms.mstwah ex I MINI 4 9 r.awrm,atrsowwo..ewawwn A Fwccksmv P. um If Under raquku i tee payment is fWl under paragmpb 9, Ltokr may iollbu foreclose by judicial proceedings andfor invoke any odw raa 5, s permitted by app8wbb bw. Larder"be sodded to acdleor all expenses kwxW In parstift the seuwdias provided or rafared to in this panprapb 94 Whiling. but not imausd to, reasonable actor eye fees and eosu of rich evidq,.s to den extent pwmtmd by appiic" law. If the Loader's him" in this Seaueuy Instruction is bold by the Swasti sod die Servatery ro*wa immediate payment is fW under peragrapb 9. the SWUM may Invoke the noN11" power of SAID psavWed in den Singh Fatuity ldutpp Foreolostae Aar of 1994 CAW) (t2 U.S.C. 3"1 pi a&) by tegw Wt{ a foracloww comrnisrromr dalpnttsd under the Aar to commence fcrwW are and to all the he" AS provided (A due AR. N%ft in the pteoWWg usteace shall deprive the Seaettry of any righbt **At*be avablile m a Wider under fhb paragraph B or appliable low. 19. Relam Upon payment of all sums secured by dtle So=ny Itstrumcnt. this $etamity Instrimrent and the eua conveyed slteg terminate sod besotne void. After such oocw rmml. Leader slue dbowSe end ssdify dnt Swuray Instrument wittoat ciuup to Burrower. Borrower sball pay any nowilaoon costs. 2L WaNam bmwww, to den exam pKmMW by epplic bie law, waives and releases army saw or defects in proceedings to safacsthis Swuiry Inurement. and hereby weiws Ow betwflt of any psesara or tisane laws providing for may of exeondon, sararwbm of dw. exemption from mentioned, levy and ask, and Ismosa ad exemptbm. 21. Robwaftwo Peried. Bavawa's time to rsiamna provided In paragraph 10 abaU extend tocoe bout prior to the commenemosim of WOW a a sbw[ff s sale or over auk ptaaawt to the Security lustrumem. 22. Pardesse heavy MortSW 1f any efdo dabx "cued by this Swrelty bonvaem is bm to Boeowerto acgm tkk w the Property. this Swarlty bauutmm d all be a pacobase many marpp. 21 Interest Rea After Jodp waL Borrower apes that the interest rare payable after a ju4pned is entered on dts Note or in an actbtt of matppe foreclosure ahaU to dw rate payable feat time w Nee under den Notes 21. Were to this Seewhy 1mKasswaR If one or more odour in exwwed by Bomwer and recorded toyedwf with Ws Swarky Tormammt, den Cowermm of each snub rider d all be w oespemtad too sod shall emend and supplement the oovemar and Waswasou of this Security Instrument a 9 cps rlder(a) was a pan of Ob Seurky Iwttu mw. (Cbeck app&wb bs box(es)). U Condominium Rider Qvdaucid Psyment Rider U Gwowbrg Equity Ride C Planned Unit Development RWer AdYOAbk Rate RWer Reiwhil mucia Loec Rider C Numowner owaparncy Rider a Otter j3pec ry) BY SIONM BELOW, Borroww awqu mad agree to the terms muked In pages 1 through 7 of this Secumry lmstnatent mad in sny rider(s) exeatted by Borrower and recorded wkh it. -=-?? fBaaU _ Seal) a a mover J-W •ewreWr •admlwf) (mil) (Seal) 4hDOerr -oww w.r whroSS: VYmws: _ awntvoa rte arrnsewst ?? I $ 3A?FG44 ? ? Q meaa,ar D•mwaa pwaar•ns, commoNVrBAbTHormg5YfvANIA. Cvmbcv6k? Countyss: On It Lthe 43rd dayof ioptarJW4005 beforeme. dbe ode„tit.deereet.?..+m.?y,?e.t.d,?x?tw s wuw Into" to tae for satisf"wb proven) to be the person whose mono Is suwmb d to dta Wain Blmtmwot wd 6*wwbw diet ME aMutad the same for tbo purpose boy* coe%kW, IN Wf170M WHBRBOF, I baeartto mt my hand and offidd seal. my c " "tBR711;ICATE OF UMBKB f, TMO Fmk#W do haaby certify tbat the oortat addrm of the **No named b oda is Whom my band this 23rd day of SopWvbw 4005 ,? tbtdlut Aptrof Latda Rerersur(woy 6K 18 3 Mr{ J I se.rou: Mertrnaan.?^MI, n Mora. C~ Orin, Suft=16 Fat Vfumnoon, Nwanva" ift" Exhibit "A" AIL flat certain lot of hod sitcate Is the Borough of Letrgyae. County of Cumbarhnd, and C4m= nweahh of Pbmylvaah, mote pattIcalarly bounded and described u follows: BEOJNNJNG at a point. the soathwalarn corner of Hummel Avenue sad Setmnd Swat (formerly Cherry AIW)t dmm along Km and Avenue in a wawrly Citmam 40 feet to a point; thence in a southerly dkgwm stony so easterly line of Lot No. 18, Secdoa B on the beraimAn mentioned Plan of Lou ISO feet to Peach Alley; thence m an easterly direwon Along the noRbarly line of Famb Alley 40 feet to a point on flu westerly lice of Second Street, *am along Seoond Street in a aordwly dhvcdon 150 feet to a polar, the place of BEGINNING. HAWNG thereon erwAd a two and one-bar story Frame dwelling house No. 204 liuwmel Avenue, Lemoyne, Pennsylvania. BEfNG Lot No. 12, Section B on the Plan of Lots known as Plea No. 1 of Riverton, said plan being reoorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J. Vol. 4, Page 40. .: u:. r?corde?i County PA -« 70 3 r` `- -- -?" Recorder of Deeds 9X 1837PG4152 T f i IMCMAIM101=TO 1 I'oL7A • Bomar,Natupaaatu LOAN MODIFICATION AGREEMENT This Luca ModK%md u Agreemand CABreamenM made this DECEMBER 1, 2064 between JIMMIE B. NAUGLE AND JENNIFER NAUGLE, HUSBIAfVD AND WIFE Y W FEB 8 PIS 12 16 FICA care Nc. 441-7346479 0676969491 ("Borrower'l, whose address is 204 Hammel Avenue LsmoM PENNSYLVANIA 17043 and Mor4W Electronic Registration Systems, La as nominee for waakbsgtoa Matug Bark, F.A. VLe114011`? Whew eddroae is 9601 MCALLDTCIIR FREEWAY. 0146 SAN ANTONIO, TEXAS 7UI6401 amends and supplemants (1) the Mottpge. Dud of Trust, or Security Dead (the "Security Instmment'j, dated SEPTEMBER 22, 2663 and re=ded in Book 1637, Page 4145 . Cumberland COUNTY, PENNSYLVANIA and (2) theNab% in the original principal amount of U.S. S 1091100.00 . bearhlg the some date in. and secured by, the Saeurlty IrlmumcM, which coves the real and personal property daseribed in the Security Instrument and deNned dwmin as the "Property," located at 204 Hummel Avenue Lemo M, PENNSYLVANIA 17043 flub 1100t•Ilen Aareeaat FANDa HU0W)D acv.04-I"3 hr I ON * /wf Boat 724 ME3E1910 r 0636969491 the real property described is located in Cumberland COUNTY, PRNNMVANIA and being sO hrtib as follows: AB that certain lot Mland eitaate in the borough of Lamayaa, county of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as foliewe:flepleaing at it point, the aouthwe rism corner of Hummel aveaae and Second street (formerly Cherry alley); them aleug Hammel aware In ¦ westerly direction 40 fat to a point; thence la a merttberly Ofnwntrt a along the easterly live of lot no. 13, section B on the berWmM*r mentioned plan ollots ISO fat to Patch slisy; times lo an euterly direction along the northerly line of Peach alley 40 hat to a point on the westerly Has of Second street; thence along Second street in a northerly direction 150 [net to a point, the piece of beginning. A.P. NO.r12,21-0265412 In consideration of the mutual promises and agreements exchanged, the parties horete agree as fbllows (notwithstanding anything to the oonbwy contained In the Nom or Snowily Instrument): 1. As of DECEMBER 1, 2064 , the [mount payable under the Note and the Security Instroment (the "Unpaid Principal Balance") is U.S. $ 115,030.66 consisting of the mount(s) barred to the Borrower by the Lander and cry Interest capkdined to dab. 2. Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance at the yeariy raw of t125 A fiom DECEMBER 1, 2004 The Borrower premium to [oaks moothy payments of principal and interest of U.S. S 698.94 , beginning on the fleet day of JANUARY, RODS , and cmtinuing thereafter on the same day of each succeeding month until principal and interest we paid is thdL If on DECEMBER 01, 2034 (the "Maturity Dam"), the Borrower still owes amounts under the Note and the Secuwity Inns ument, as amended by ibis Agreement, the Borrower will pay these amounts In fall on the Maturity Dale. The Borrower will make such payments at WASHINGTON MUTUAL BANK F.A. P.O. BOX 34150 BAN ANTONIO, TEXAS 702654150 or at such other place as the bender may require. 3. If 111 or my pert ofthe Property or any interest in it is sold or umsferrod (or if a benafkha imal In the Borrower is sold or transferred end the Borrower Is not a amnal parson) without the Leader's prior written consent, the Lender may require Immediate payment in full of all sums scoured by this Searlty Instrument. If the lender exercises this option, the Lender sball give the Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice Is delivered or malled within which the Borrower muatpayallstarts secured bythis seeurhyInstrument. IftheBormwrihtlewpeygtweeumapdafw the expiration of this period, die Lender may invoke any remedies permitted bythis Security Imemmedwithout fixter notice or demand on the Borrower. 4. The Borrower also will comply with all other coymmis, agreements, and requirement of the Security Insnummt, including without Ihnftatkn, the Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow hems, impounds, and aS other payments that the Borrower Is obligated to make under the Security Instrotnenq however, the following terms and provisions are forever cameiled, null and void, as of the date specified In Paragraph No. I above: BUD Modification Agnamest FANDa HUDMOW Rav, 04.1607 Pay" 2 eft 60011 724 PAGE06111 qLk?e r 0630969191 (a) all terms and provisions of the Note and Security Instrument (if arty) providing for, imple mandng, or rotating to, any change or adjustment in the race of Interest payable under due Note, and (b) all terms and provisions of any aglaembb race rider, or other instrument or document *4 is affixed to, wholly or partially incorporated Into, or is part of, tha Note or Security Instnmrent and that contains any such terms and provisions as those raftt[od to in (a) show. 5. If tho Borrower has, sit" inception of this loan but prior to this Agreement, received a diedmae in a Chapter 7 bu nkruptcy, and there having been no valid re+8hmation of the underlying debt, by entering into this Agreement, the Leader Is not Wasapting to re-establish any personal liability for the underlying debt. 6. Nothing in this Agmemetx shalt be understood or construed to be a saWtkation or release in whole or in putt of the Note and Security tnetrumemc Exwpt as otherwise spaillally provided is this Agreement, ds Note and Security Instrument will remain undtm sled, and Borrower oW Leader will be bond by, ad comply with, all or the terms and provisions thereof, as amended by this Agreement. (Seal) -narower -Pairoeer MWtpge 819ctroaic Ragbtradod sy"exts, Inc, as semirec for V iliddliton Mutual Batch, P.A. (Corporate Seal) -Lender Its! Vice Pratdent mVm MWmernen Aeran est FAM X tnrDW)CM Rev. 04-16-a3 Pate 3 or{ Boat 724 PgE8f1Y1?_ . I 0630969491 .^. [Span Bdow This Lde For Acknowledgment] Q BORROWER ACKNOWLEDGbIENr STATE OF I* eww jvr/4Kd COUNTY SS: On this. the ?0 4,,day of H0 v. ;OA Wbefore me, dm tmdcmigoed officer, personally appeared JiaM'Mt?! 8• w^..$le 111...1 7pe.«Itrer Nau))R. sttef=ctuydly? proven) to be the person whose mate subscribed to the within instrumant that T aye I eaacuted the aame for the purposes herein contained. WHEREOF, ! hereunto set my baada?toia11Q1. ?? O pires:7yly 10? 7067 CERTIFICATE OF RESIDENCE ROER171MAM"r piilAAhMliMrk I, Ll I (t A.3 ISOPJ do hereby oattify, withlu-named leader is -77 -TACU00116116' FL SrA-60 W imess my bend this t r_ day of OO I Y f ender LENDER ACKNOWLEDGPONT n STATE" ?AA COUNTY OF &Aa , The foregoing hiawment was acknowledged before me this At!L • by Glao? of Vs)" ,,,56, JV\CAU4 Ida a 1c me Ul M Pnaded0?. a ppy?7_Qr.1 ??i1V1g (1501 . e f fsaidentity. Signature of Person T+khtg Aclmowledgmaat Printed W=O Q rpm 1b?f wAftan coamn Title or R=nk_r-- _ ?.ar &*w eh of mm Serhd Nurnber, if any pQ2*6--Q 11111) btadieaatloa Aeremot FANDa PAHUDMOD4 Rev. 03-0143 Pay4ore TRW DOCUMENT WAS PREPARED BY; Fsnsr AMERICAN LOSS MITIGATION SERVICES 2000 PALM BEACH LAKES BLVD., SUITE 460 WEST PALM BEACH. FL 33409 e= 724 103003 % t :?L!'*'= NAUGLE M HummN Avemtn Lamoysa, PENNSYLVANIA 17013 Mortpge Elrononia FACT Mmtlem SYMMOS, IM as nomina for Wmsbbgftm Mataal T.A. NOTICE O NO ORAL AGREEMENTS THIS WRPff9N LOAN AGRERMENT REPRESENTS THE FINAL AGREEMNNT BETWEEN TIE PARTIES AND MAY NOT BE CONTRADIC TED BY EVIDENCE OF PRIOR, CONT LMIPORANEOUS OR SURSEQUENT ORAL AGREMONTS OF TIE PARTIES. TRERE ARE NO UNWRrrM ORAL AGREEMENTS BETWEEN THE PARTIES, lam- e rower z5aw-11 rig FANna FAND03 It", Q&li-02 Bops 724 ?Am3f,4)4 ____.__._ _. _r . Receipt of Nottea The undmlgoed hemby atlmk to hevinS each reeelvW and read it copy ofthis Node* m or before axaaudon of the Lan Agromnetrt. "Loan AgmwnmV' meam ma or more Promise, promissoty notes, emu6 mwcfMkhW, security ayreemems, deeds of troll or otbw documents. or oommkmmta a tmy eombimAm of those awans or documents, punuamt to whkh a Itnanolal Ins itution loans or delays rapaymaot of or arses to ban or delay repayme afmonsy,goodsoranyotherthingofvalmortootherwisoextaadarWitarmakesfineneWaccommodWon, NAUGLE 0630969091 204 Hammel Avenue Lemoyne, PENNSYLVANIA 17043 Mortgage Electronic Registration Systems, Inc. as nominee for Washington Mutual Rank, F.A. ERRORS AND OMISSIONS In consideration or Mortgage Electronic Registration Systems, Inc. as nominee for Waabiagton Mutual Bank, F.A. (the "Lender') agreeing to modify the referenced loan (the '7.ean") to the Borrower, the Borrower agrees tint if requested by the LeMer, the Borrower will correct, or cooperate in the correction of, any clerical anon made in any document or agreement entered Into in connection wish der modification of the Lom.1fdeemed necessary or desbable In the reasonable discretion of the Lender, to enable Lender to sell, eoavey, seek guaranty or market the I can to any entity, including without limitation, the Federal National Mortgage Amocifitien, the Federal Home Loan Mortgage Corporation, the Government National Mortgage Association, the Federal Housing Authority, the Department of Veterans Affairs or any municipal bond adiarhy. The Borrower agrees to comply with all such requests made by the Lender within 30 days of receipt of wtinen request flomtheLander. Borrower agrees to mums all costs that maybe Incurred by do Lenft Including without limitation, actual expenses, legal lases and marketing loam, as a tmult ofthe Botrower'e ihllum to comply with all such requests within such 30 day time period. Date Date 1 Certify this to be recorded 1n Q=berlanelCounty?A n.. .t ;1f*Decd5 FANDI FAND034 Ila. 0&11-02 8001{ 724 Pa3t m The Borrower makes this agreement in order to swum that the documents and agreements executed in 0011116011015 with the modillcstlon of the Loan will conform to and be acceptable in the marketplace In the end the Loco is transferred, conveyed, guaranteed or morkdo i by the Lender. 4W i VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiffs verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsification to authorities. BY: Dated: 0t2'-t?Ow SHAPIRO & KREISMAN, LLC IIan ion, Esquire Atto for Plaintiff W, vt d v 0' CN N ? f CJ - T 1 , --n `i %c7 - rn ' trig t V03 SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank W08 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 PLAINTIFF VS. Jimmie B. Naugle DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO:06-5089 PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & KREISMAN BY: J?A? Ilana Zion, Esquire Attorneys for Plaintiff Washington Mutual Bank v. Jimmie B. Naugle VERIFICATION The undersigned is Assistant Vice President of Washington Mutual Bank on behalf of Washington Mutual Bank and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, cp- information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Washington Mutual Bank, on behalf of Washington Mutual Bank Date:" a e: kt -4 e- r .0" 7?3 itl : A VP Company: Loan:0630969491 06-27371 ?`z - ?? , . --? 'i .-?. -- ?. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-5089 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $124,134.21 in favor of the Plaintiff and against the defendant for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid Interest at 6.12% from March 1, 2006 to October 9, 2006 (223 days @ $19.01 per diem) Late charges (for certain months prior to default and every month after at a rate of $36.40 per month) Mortgage Insurance Premium Escrow Advance (As stated in Complaint) Title Search Report Fees Attorneys Fees TOTAL AMOUNT DUE $113,292.35 $4,239.23 $218.40 $87.04 $1,047.19 $250.00 $5,000.00 24.134.21 Lauren R. Tabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant and damages are assessed as above in the sum of $124,134.21. 06-27371 ?7ro. Prothy. SHAPIRO & KREISMAN, LLC BY: KEVIN DISKIN, ESQ., LAUREN R. TABAS, ESQ., AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 86727, 93337 & 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 PLAINTIFF VS. Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: STATE OF: 10zj COUNTY OF: Able, AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Washington Mutual Bank on behalf of Washington Mutual Bank By: NA E: rvli V- AW 72?? y T E: /W/° Sworn to and subscribed before me this g!o day of 2006. AMBER KAISER Notary Public NOTARY PUBLIC. MINNESOTA , MY COMMISSION EXPIRES JAN. 31, 2011 06-27371 SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Jimmie B. Naugle DEFENDANTS NO: 06-5089 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Jimmie B. Naugle DATE OF NOTICE: September 29, 2006 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION UAPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 '&ft"P ':?? Ilana Zion, Esquir Shapiro & Kreisman, LLC Attorney for Plaintiff SHAPIRO & KREISMAN, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, September 29, 2006 to the following Defendants: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Ste ph ie Harris, Legal Assistant to Ilana Zion, Esquire for Shapiro & Kreisman, LLC SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-5089 Civil Term CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person or their attorney of record: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Date mailed:lb-10 -00 KREISMAN, LLC r, BY: taureff R. Tabas, Esquire Attorney for Plaintiff 06-27371 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF Vs. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-5089 Civil Term CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 and that the last known address of the judgment debtor (Defendant) is: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 BY: 06-27371 Attorney for Plaintiff ..p U"? l1S C r..., Q . ? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Washington Mutual Bank PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Jimmie B. Naugle DEFENDANT(S) NO:06-5089 Civil Term NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. urtis R. on Prothonotary [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY LAUREN R. TABAS, ESQUIRE AT (610) 278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Washington Mutual Bank PLAINTIFF vs. () Confessed Judgment () Other File No. b(6 - 5 n1?q Amount Due $124,134.21 Interest October 10, 2006 to March 7, 2007 is $3,100.69 Atty's Comm Costs Jimmie B. Naugle DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) . See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION lec t i Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, ng attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) defendant(s) described in the attached exhibit. Date: I o - I D -b 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # 93337 Signatu Print N Address: 3600 Horizon Drive, Ste ?r r NJ f^ A C7 Q `E3 (.t:7 C7 M=l t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5089 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JIMMIE B. NAUGLE (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 $124,134.21 Interest 10/10/06 TO 3/7/07 IS $3,100.69 L.L. $.50 Atty's Comm % Atty Paid $145.08 Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) Due Prothy $1.00 Other Costs Curtis R. Lo r thonota By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 -qW SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Jimmie B. Naugle DEFENDANT NO: 06-5089 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, 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 204 Hummel Avenue, Lemoyne, PA 17043. 1. Name and address of Owner or Reputed Owner Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant in the judgment: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 r Citifinancial, Inc. 3401 Hartzdale Dr., Ste. 216 Camp Hill, PA 17011 Citifinancial, Inc. P. O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 204 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KREISMAN, LLC R. Tabas, Esquire 06-27371 - n •? Cam ' ? , :Z3 4% SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Jimmie B. Naugle NO: 06-5089 Civil Term DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Your house (real estate) at: 204 Hummel Avenue, Lemoyne, PA 17043 12-21-0265-412 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $124,134.21 obtained by Washington Mutual Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-27371 w ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to 'a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. w -13 J? t ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to 'a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. SHERIFF'S RETURN - REGULAR Y CASE NO: 2006-05089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS NAUGLE JIMMIE B ETM AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon NAUGLE JIMMIE B the DEFENDANT , at 0020:02 HOURS, on the 8th day of September, 2006 at 204 HUMMEL AVENUE LEMOYNE, PA 17043 by handing to JIMMIE B. NAUGLE a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 14.08 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.08/ 09/11/2006 g11,1106 SHAPIRO Sworn and Subscibed to By: before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-05089 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS NAUGLE JIMMIE B ETM AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the NOTICE , COMPLAINT IN MORTGAGE FORECLOSURE NOT FOUND , as to the within named DEFENDANT 204 HUMMEL AVENUE OCCUPANT LEMOYNE, PA 17043 NO OTHER OCCUPANTS OTHER THAN DEFENDANT LOCATED AT ADDRESS STATED. Sheriff's Costs: So a Docketing 6.00 Service .00 _ NOT FOUND RETURN 5.00 Surcharge 10.00 .00 21.00 C'f?/? 710 Sworn and Subscribed to before me this day of R. Thomas Kline Sh?'ff of Cumberland County PIRO & KREISMAN 09/11/2006 A. D. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Heather Whitman, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff, Washington Mutual Bank, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on January 16, 2007, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & KREISMAN, LLC BY: -.-j- Heather Whitman Legal Assistant 06-27371 -n O W V V co o- c v N C) N 0?1 O _Nl n O '30 K Ni 'O ID 3 x 0 a 0 a 1 4 r -? u; o OD j V CD m aZ ?c cn 3 c v., ? o ??I I CD N Z ac m 3 N o I o ?- V,?m J z r? r I W CD <D M d n n o UNIJ-r o _ sJ, v W n ® ?'? W 0cD a N_ 0 fog C7 D S 0 m f? ? (D N N O O O v ? N ? I s ? I-D J Z n) N v a a a N N 0 cn a N r ! J n m ID 45 J I? x ;a c a m m CD /r c 0 ' a LD. J ° O ? Ile, a o 0, N X 00 a o ?D -n my „onyx 'R H °?nmcd -? ?'r s o ID o= a I?ca -?. t _ C ?< aN d N ? C N ?0co OCD ° CL N I - ?.. C=I A (D 8 o N 43 N. c _i N p 0. u -Y, i SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: It is hereby suggested of record that Jimmie B. Naugle Defendant(s) in the above captioned case has filed a Chapter 13 bankruptcy under case number 07-00641 on March 5, 2007, in the Middle District of Pennsylvania and tie above captioned Action in Mortgage Foreclosure is accordingly stayed during theyenpenc& of to Bankruptcy. Lauren R. Tabas, Esquire Attorney for Plaintiff t7 a F --?- nib Washington Mutual Bank VS Jimmie B. Naugle In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5089 Civil Term Stephen L. Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2007 at 1320 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Jimmie B. Naugle, by making known unto Daniel Coffey, adult in charge for Jimmie B. Naugle, at 204 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1335 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jimmie B. Naugle located at 204 Hummel Ave., Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jimmie B. Naugle, by regular mail to his last known address of 204 Hummel Ave., Lemoyne, PA 17043. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Tabas. Sheriffs Costs: Docketing 30.00 Poundage 17.24 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 28.16 Certified Mail 4.64 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 321.02 Postpone Sale 40.00 Share of Bills 16.83 ?1?6/v9 $ 879.39 ? q. R. Thomas Kline, Sheriff BY -... U:?? Real Estate S rgeant E 0 Ck yf s, ,a, 145'36x1 &, J SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Jimmie B. Naugle DEFENDANT NO: 06-5089 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, 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 204 Hummel Avenue, Lemoyne, PA 17043. Name and address of Owner or Reputed Owner Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant in the judgment: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4 ? Citifinancial, Inc. 3401 Hartzdale Dr., Ste. 216 Camp Hill, PA 17011 Citifinancial, Inc. P. O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 204 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KREISMAN, LLC R. Tabas, Esquire 06-27371 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Jimmie B. Naugle NO: 06-5089 Civil Term DEFENDANT ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Your house (real estate) at: 204 Hummel Avenue, Lemoyne, PA 17043 12-21-0265-412 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $124,134.21 obtained by Washington Mutual Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: L The sale will be cancelled if you pay back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-27371 ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-5089 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JIMMIE B. NAUGLE (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 $124,134.21 L.L. $.50 Interest 10/10/06 TO 3/7/07 IS $3,100.69 Atty's Comm % Due Prothy $1.00 Atty Paid $145.08 Other Costs Plaintiff Paid Date: OCTOBER 20, 2006 (Seal) REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Curti . Long, onotary By: Deputy Supreme Court ID No. 93337 Real Estate Sale # 33 On November 6, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA Known and numbered as 204 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 6, 2006 By-6 . Real Estate Sergeant 8Z :Z! d q Z 130 9002 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 Sworn to and s sc ore me t k.Vl lA h?(?I?IaVEF1? S A L E #33 Notarial Seal Terry L. Russell, Notary Public City of H risburg, phin County My Corn fission it June 6, 2010 o ssoriation of Notaries PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 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 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Covne,,Xditor WORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL " LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 93 Writ No. 2006-5089 Civil Washington Mutual Bank VS. Jimmie B. Naugle Atty.: Lauren R. Tabas ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Com- monwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street (formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a South- erly direction along the Easterly line of Lot No. 13, Section B on the here- inafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the North- erty line of Peach Alley 40 feet to a point on the Westerly line of Sec- ond Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGIN- NING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Riverton, said plan being re- corded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J. Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and con- veyed unto Jimmie B. Naugle, mar- ried. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Washington Mutual Bank PLAINTIFF vs. () Confessed Judgment () Other File No. Amount Due $124,134.21 Interest October 21, 2006 to June 11, 2008 is $12,486.00 Atty's Comm Costs Jimmie B. Naugle DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as described in the attached e. Date: 2i `op Signatu ?-- Print Name: Lauren R. Tabas, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # 93337 lis dens against real a of the xhibit. r 1 U1 o "? C C p ZZ pp c Chit ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF vs. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:06-5089 Civil Term CERTIFICATE OF SERVICE I, Lauren R. Tabas, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person or their attorney of record: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Date mailed: ?- c 7 & KREISMAN, BY: Lauren R. Tabas, Esquire Attorney for Plaintiff 06-27371 C-> m rn T; { C3 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Jimmie B. Naugle DEFENDANT NO:06-5089 Civil Term CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 and that the last known address of the judgment debtor (Defendant) is: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 & KREISMAN, LLC BY: taukn R. Tabas, Esquire Attorney for Plaintiff 06-27371 ?? am r SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, 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 204 Hummel Avenue, Lemoyne, PA 17043. Name and address of Owner or Reputed Owner Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant in the judgment: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Citifinancial, Inc. 3401 Hartzdale Dr., Ste. 216 Camp Hill, PA 17011 Citifinancial, Inc. P. O. Box 17170 Baltimore, MD 21203 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 204 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. KREISMAN, BY: R. Tabas, Esquire 06-27371 cam, C } CZ ? y. 51 CO ?C UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 BANKRUPTCY CASE JIMMIE BOWDEN NAUGLE NUMBER 1-07-bk-00641/MDF Debtor WELLS FARGO HOME MORTGAGE 11 U.S.C. § 362 Movant V. JIMMIE BOWDEN NAUGLE CHARLES J. DEHART III, TRUSTEE Respondents ORDER Upon consideration of the Movant's Certification of Default of Debtor's of the Stipulation in Settlement of the Motion for Relief from the Automatic Stay, and for good cause shown, it is hereby ORDERED AND DECREED that the Automatic Stay of all proceedings, as provided under section 362 of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (The Code) 11, U.S.C. 362, is lifted to allow Movant to proceed with, or to resume proceedings in Mortgage Foreclosure, including, but not limited to Sheriffs or Marshal's Sale of 204 Hummel Avenue, Lemoyne, PA 17043 (the "Mortgaged Premises"); and to take action, by suit or otherwise as permitted by law, in its own name or the names of its assignee, to obtain possession of the Mortgaged Premises. By the C'owt, X11. Cup Judge (]DK) This document is electronically signed and filed on the same date. Dated: January 17, 2008 r' SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF vs. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Your house (real estate) at: 204 Hummel Avenue, Lemoyne, PA 17043 12-21-0265-412 is scheduled to be sold at Sheriffs Sale on JUNE 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at I0:00am, to enforce the court judgment of $124,134.21 obtained by Washington Mutual Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. 5. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-27371 0 E` • W WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5089 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JIMMIE B. NAUGLE (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 $124,134.21 Interest 10/21/06 TO 6/11/08 IS $12,486.00 L.L. Atty's Comm % Atty Paid $1,045.97 Plaintiff Paid Date: FEBRUARY 4, 2008 (Seal) Due Prothy $2.00 Other Costs Curtis Ag, P*nry By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 93337 d SHAPIRO & DENARDO, LLC BY: CHRISTOPHER A. DENARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle ; DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) 1. Denise Semetti, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Washington Mutual Bank, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on February 21, 2008, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DENARDO, LLC BY: A ?Ix Denise Semetti Legal Assistant 06-27371 W CD V V T CD 6 c N O O N Cb (D O n 0 3 -(D 3 m O W M O? m 7 y O PD v (T A W N Q A < O o m n? r o 3 Cn 0') - CD P, CL CD w N T F CD CD D r r, m n" - r (D z o m c 3 _ ID N Q Q d ' GIN O p (pD p (D (D N 0 OT (n tz A? O C '-„ ^ V, G J Oro ° c ?_ o o x " p C CL ????? ID D x _ io n ? .ty ? ai ? '' ° m 5 m ? C7 C7 C ?2 bd > y G. -0 rn =a <"?? f d ? Y n O O S J O > (D ao m (D C N . ' d f1 N d O 7 Q ?° a' N , Q J 0 (D o (a 3 0 O ??? a ' ? ° - m ACC ? o N S? Fc o n v m N c m n = m m a C) Q- 0 ( 3 ? `D 0 o O m m Q o cD 21 o - O-10go?? Co a 0 n m o N o0i N l ' ? a ?? n N vi > l J " Cn / tv N a Q D O (D O ? v??. T C CI) ??..? c0 N > m v f (D j) a o N Utw, F iz C:) CD ?. 4, ? N a . a C S Co ( N ?aY D CD m 0 CD Q z 0 (D ? m De livery C onfirm tion C N? M A IZ, ^ Signat re Conf irmatio n Q (D ID Specia l Handli ng (D I D Res tricted Delive I o Return Recei t A z 3 m o. Ch a N o_ CI) m n a m 3 O m ID t7l f` ? 47 ': co k? Gay .-< d ? SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF vs. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term PRAECIPE TO MARK THE JUDGMENT TO THE USE OF WELLS FARGO BANK, N.A. TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of "Wells Fargo Bank, N.A." as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. & KREISMAN Tabas, Esquire DATED: January 31, 2008 -. 0, SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term CERTIFICATION I hereby certify that I have served a true and correct copy of this Praecipe to Mark Jud a to the Use of WELLS FARGO BANK, N.A. and the papers attached thereto on 5 to all parties named herein at their last known address or upon their attorney of rec rd below listed by regular mail, postage prepaid: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Dated*/,)B & KREISMAN R. Tabas, Esquire L w SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. Jimmie B. Naugle DEFENDANT(S) NO: 06-5089 Civil Term SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: It is hereby suggested of record that Jimmie B. Naugle Defendant(s) in the above captioned case has filed a Chapter 13 bankruptcy under case number 08-02072 on June 10, 2008, in the Middle District of Pennsylvania and the above captioned Action in Mortgage Foreclosure is accordingly stayed during the pendency of the Bankruptcy. BY: ? V'vyw Michael J. Clark, Attorney for Plarl ?; ,_? ?:: cn ?`-a ? .n r;, ?r ?=?:' r t_ _; <--, ?? .? ;` Washington Mutual Bank Vs Jimmie B. Naugle In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-5089 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on March 07, 2008 at 1650 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jimmie B. Naugle by making known unto Jimmy B. Naugle personally, at 204 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1650 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Jimmie B. Naugle located at 204 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jimmie B. Naugle by regular mail to his last known address of 204 Hummel Avenue, Lemoyne, PA 17043. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Lauren Tabas. Sheriff s Costs: Docketing Poundage Posting Bills Advertising Law Library Prothonotary Mileage Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills So Answers: R. Thomas Kline, Sheriff I BY \J IT Real Estate S; geant 30.00 17.15 15.00 15.00 .50 2.00 30.72 15.00 20.00 20.00 355.00 339.38 14.73 $874.48 ? G J/a ?o 111-0 ep- 44 SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. Jimmie B. Naugle DEFENDANT NO: 06-5089 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, 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 204 Hummel Avenue, Lemoyne, PA 17043. 1. Name and address of Owner or Reputed Owner Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant in the judgment: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Washington Mutual Bank 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Washington Mutual Bank, Plaintiff 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 K Citifinancial, Inc. 3401 Hartzdale Dr., Ste. 216 Camp Hill, PA 17011 Citifinancial, Inc. P. O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 204 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. KREISMAN, R. Tabas, Esquire 06-27371 tk , SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. Jimmie B. Naugle NO: 06-5089 Civil Term DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Your house (real estate) at: 204 Hummel Avenue, Lemoyne, PA 17043 12-21-0265-412 is scheduled to be sold at Sheriffs Sale on JUNE 11, 2008 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00am, to enforce the court judgment of $124,134.21 obtained by Washington Mutual Bank against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to Washington Mutual Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 0 4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 8. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 9. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 10. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-27371 ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. WRIT OF EXECUTION and/or ATTACHMENT Wn' COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, Plaintiff (s) From JIMMIE B. NAUGLE (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL NO 06-5089 Civil CIVIL ACTION - LAW 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 $124,134.21 Interest 10121/06 TO 6/11/08 IS $12,486.00 Atty's Comm % Atty Paid $1,045.97 Plaintiff Paid Date: FEBRUARY 4, 2008 L.L. Due Prothy $2.00 Other Costs Curtis A. Long, Pr notary(Seal) By: Deputy REQUESTING PARTY: Name LAUREN R. TABAS, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone : 610-278-6800 Supreme Court ID No. 93337 Real Estate Sale # 43 On February 27, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA Known and numbered as 204 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2008 By: , Real Estate ergeant 61 = I d S - 03J 8001 -4.4183HS 3H1 JoJjIjjo CW t PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ?isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 12 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 i AIAL EWA" SUA 300. 43 Writ No. 2006-5089 Civil Washington Mutual Bank VS. Jimmie B. Naugle Atty.: Lauren Tabas ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Com- monwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the South- western corner of Hummel Avenue and Second Street (formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direc- tion along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Dead Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Es- tate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and re- corded in the Cumberland County Recorder of Deeds Office on Septem- ber 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. -The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4ePahiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to and su c ed before me this 27 day of May, 2008 A.D. (W?- N_4ACl Notary u lic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyrie L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #t43 Writ No. 2006-5089 Civil Term Washington Mutual Bank VS Jimmie B. Naugle Attorney: Lauren Tabas DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern comer of Hummel Avenue and Second Street (formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. I of Riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blancb, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. SHAPIRO & DENARDO, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & D FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF VS. Jimmie B. Naugle DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term PRAECIPE TO MARK THE JUDGMENT TO THE USE OF WELLS FARGO BANK NA TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of "Wells Fargo Bank, NA" as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. SHAPIRO & DENARDO, LLC BY: Michael J. Clark, Esquire DATED: February 18, 2009 SHAPIRO & DENARDO, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: PA Bar # 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & D FILE NO. 06-27371 Washington Mutual Bank PLAINTIFF vs. Jimmie B. Naugle DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term CERTIFICATION I hereby certify that I have served a true and correct copy of this Praecipe to Mark Judgment to the Use of WELLS FARGO BANK, NA and the papers attached thereto on to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Dated: SHAPIRO & DENARDO, LLC BY: N-\" / k?' Michael J. Cl k, Esquire NF- ?- - i ' C?. ?a A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Wells Fargo Flank, NA PLAINTIFF VS. O Confessed Judgment () Other File No. to - 508 Cr Amount Due $124,134.21 Interest October 21, 2006 to June 10, 2009 is $20,060.84 Atty's Comm Costs Jimmie B. Naugle ; DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said gamishee(s). (Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. l Date: Signature: V Print Name: Michael J. Clark, Esquire Address: 3600 Horizon Drive, Ste. 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 ~f ri SAD 7.1 Cl h r t71 ? IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JIMMIE BOWDEN NAUGLE Chapter 13 Debtor(s) Case No.: 1-08-bk-02072 RNO ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to Dismiss case for Material Default and it having been determined after notice and hearing that the case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the Court, a's? U. (?+4 Is- Dated: February 11, 2009 Robert N. 0 A 1341> k r"y Judge pal This document a electronically signed tend fled on the same date. Case 1:08-bk-02072-RNO Doc 46 Filed 02/11/09 Entered 02/11/09 08:42#QQ63MQ *REV04oe Main Document Page 1 of 1 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY Jimmie B. Naugle DEFENDANT(S) NO:06-5089 Civil Term CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Wells Fargo Bank, NAW08 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 and that the last known address(es) of the judgment debtor (Defendant(s)) is: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 SHAPIRO & DENARDO, LLC BY: 'v Michael J. C ark, Esquire Attorney for Plaintiff 06-27371 ? T. '"'1 r==' =`?l t c?? i _ ?? _ ?? ",, '., ,-fix ? ? _ ? _ {„?. 1% SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF vs. Jimmie B. Naugle DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, 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 204 Hummel Avenue, Lemoyne, PA 17043. Name and address of Owner(s) or Reputed Owner(s) Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank, NA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, NA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 '".,, Citifinancial, Inc. 3401 Hartzdale Dr., Ste. 216 Camp Hill, PA 17011 Citifinancial, Inc. P. O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 204 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: \?S? ? ?? Michael J. lark, Esquire 06-27371 r-a > .:a iJ ? ? s SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY vs. ; Jimmie B. Naugle NO: 06-5089 Civil Term DEFENDANTS ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Your house (real estate) at: 204 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on June 10, 2009 at 10:00am, in Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $124,134.21 obtained by Wells Fargo Bank, NA (the mortgagee) against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. 1. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You may be able to stop the sale through other legal proceedings. 3. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-27371 i '^w ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern comer of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5089 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From JIMMIE B. NAUGLE (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$124,134.21 L.L.$.50 Interest OCTOBER 21, 2006 TO JUNE 10, 2009 IS $20,060.84 Atty's Comm % Due Prothy $2.00 Atty Paid $146.00 Plaintiff Paid Other Costs Date: FEBRUARY 25, 2009 (Seal) C R. Long, P otary By: Deputy REQUESTING PARTY: Name MICHAEL J. CLARK, ESQUIRE Address: 3600 HORIZON DRIVE, STE.150, KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF ; VS. ; Jimmie B. Naugle ; DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 MOTION TO REASSESS DAMAGES Plaintiff, Wells Fargo Bank, NA ("Plaintiff'), by and through its counsel, Shapiro & DeNardo, LLC, hereby submits its Motion to Reassess Damages, and avers as follows: 1. Plaintiff commenced this mortgage foreclosure action by filing a complaint on or about August 30, 2006. 2. On or about October 20, 2006, Default Judgment was entered against Defendant, Jimmie B. Naugle. A true and correct copy of the Praecipe for Entry of Default Judgment is attached hereto and marked as Exhibit "A." 3. Additional damages have accrued and, upon the approach of the, impending Sheriff's Sale, Plaintiff has incurred additional fees and costs by virtue of Defendant's continuing failure and/or refusal to make his mortgage payments, for which Plaintiff is entitled to reassess its damages. 4. Paragraph 18 of the mortgage, which is the subject of this action, permits recovery of principal, interest and all other recoverable sums, due, together with costs of suit and reasonable attorneys' fees. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "B." 5. The additional damages have been added to the judgment amount and both are collectively itemized below: Principal Balance Interest from March 1, 2006 through March 15, 2009 Escrow Advance Pro Rata MIP/PMI Inspection Fees BPO Attorney's Costs Title Search Filing Fees (Foreclosure & Bankruptcy) Statutory Required Certified Mail Sheriff Fees and Costs Skip Traces Title Updates Sale Deposit (03/07/06 Sale) Sale Deposit (06/11/08 Sale) Attorney's Fees (Foreclosure & Bankruptcy) TOTAL: $113,292.35 $21,395.62 $6,769.19 $125.04 $315.00 $95.00 $370.00 $325.50 $1.25 $63.08 $75.00 $200.00 $879.39 $874.48 $2,470.00 $147,250.90 WHEREFORE, Plaintiff respectfully requests that this Honorable Court reassess damages in the amount stated above. Respectfully submitted, BY: ?? A MICHAEL J. CLARK, ESQUIRE Attorney for Plaintiff VERIFICATION Michael J. Clark, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing Motion are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: " Michael J. Clark, Esquire Attorney for Plaintiff O PD SHAPIRO & KREISMAN, LLC BY: LAUREN R. TABAS, ESQUIRE ATTORNEY I.D. NO: 93337 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Washington Mutual Bank COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION vs. ; CUMBERLAND COUNTY C-) Jimmie B. Naugle DEFENDANT NO:06-5089 Civil Term er '- ° . PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER f AND ASSESSMENT OF DAMAGES J' ° Enter Judgment IN REM in the amount of $124 134 21 in favor of the PlaintM?L d , . , c,.a o against the defendant for failure to file an answer to Plaintiffs Complaint in Mortgage CD Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of mortgage debt due and unpaid $113,292.35 Interest at 6.12% from March 1, 2006 to October 9, 2006 (223 days @ $19.01 per diem) $4,239.23 Late charges (for certain months prior to default and every month after at a rate of $36.40 per month) $218.40 Mortgage Insurance Premium $87.04 Escrow Advance (As stated in Complaint) $1,047.19 Title Search Report Fees $250.00 Attorneys Fees 7 $5,000.00 7 TOTAL AMOUNT DUE ?/?® / bA l (?-, ,134.21 h Lauren !R.fiabas, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant and damages are assessed as above in the sum of $124,134.21. Pro. Prothy. 06-27371 FXhIbi4 "q" (;i.CCF(DER OF DEEDS 13MAND COUNTY-F: '93 SEP 25 AM 18 07 [sp.?aA.oe z? t.t.athr R..?et?ara? MIN; 1 MORTGAGE MA CASE NO. M1M`fSOM THIS MORTt3AW CSKVtitY Instrameat") k Sim on 8aptMttbK 23'203 MW mortroor is Jim"" ¦ Nawla ("Borrower"). M& Secwky b pven to Mattpp 8feotroalo ReBbestiw Systems. Inc. ('b M") (solely as aoa*m for Leader, as hadaafter sad L,saws suocaiam and assigns), as beadiaiary. 14=3 is orpdissd and exit under the laws of Deb wav, laa as aadma snd uhspitotta ttwabar of P.O. Box 2026, Fl M MI 4301-2026, tel. (888) MMBRS. DlvwaNlad Nor1?b SM't?M?ea, L.p. ("Lender") is oroaised am exiS* under the laws of PENI*MVAMA . and bas an address of 300 O"Wo CWAW DMV% Suft 325, Fort W@4hi VIW, PDa4YLVM IA I ON4 Borrower owe( Lander the principal smn of Clio Hun& him ThWaond OM HUndrad atld nOOO 1. Doom (U 8. $ 10,100-00 ThA debt a evideexsd by Borrower's uour dated tbt wain date as this Seeedty IM&OZOAAt CNote"), VY*k provides for monthly payment, with the full debt. if not paid semis(, due and payable on Oftbor 01, 20x7 This Seca ft bsautttsat so=" co Laoder (a) rite repayment of due debt evideooad by the Note, *4b iataest. and all rcwwab, extaaeioas and modkIndatn of the Note; (b) the payrame of all other sums, wft lowest, admeed under pangaph 7 to p 9W the Isco y of dtia SscWgy J=uvmntt; and (c) the pmfosanaoe of s covenants and a=ractoeats under this Scow* ItaUmneat sad the Note. For this purpose. Donower does ba by to NMI sad aaavey to MW (solely as ttotaiaea for Lander and LxnWs Somas and amps) ad to ft surcxwssose sad tti7eu of M1tRS the following destaind pcoparty located in Gumb Nld cmv, Penasylvaaia: FHA TLA't yLVAM WORTGAGII - MUS (Pate I q/7 pas) 60% aw nAwa r.a?rot<, ON INMo tz..614-741-1tv )Tom 9MI low BX 1837 K4145 (:,xk, 6;I „gh which has trio addran of IN Hurr=W Arnow I5"A L "M Ponnsyiv" 1704 ('Property Address"); TOG THM WITH all the improvements now or bomalm aided on dw property, and all ettseat4ents, Appurtenances, and firmtres now or horeaf'ler a part of the property. All teplaca meats said additions shop also be eavoist! by this Security Insuu tens. All of the fore,oitl0 is rt forwd to it this Security Instrument as the "Ropo rty." Boaower undststands and sovez that b=5 holds only kpl this to the interests ga need by Borrower In this Sew ty Instrument; but, V asemary to oom* mth law or custom. Mg (as awninee for Lander and bender's successors, curd aloe) has the d&: to exercise any or an of those intense indufng, but not limited to, dw ti* to fotecks0 and sell the Property; and to take ayyd action mquWW of lewder kwb i4 but no Imited to. rdswing or cancelius this Socu ty Ieanumett. BORROWER COVLeIWM'S rcpt Bwovw is lowNty seised of the estate bmby conveyed soil has the d& to mortppe, pant and convey the hop" and that the Property is urvacumbe ed, except for emonrapbrances of reseed. Borrower warrants and Will defend generally the title to the Property sputst all claim and demands, x*jw to any enactr61- -M of record. THIS SBCUiRNY INSTRU>trMW combines uniform covemsmts for mationat use and ttoa-wdow covenants with limited varlatims by jurisdictiom to constitute a utt am se carry Instrument coveting real property. UNU ORM COVENANIS. Botrower and Leader covenant And sores as follows: L PstyrnesAt er[lreieecipakiisttee?at erred I.aie Chelroe. Bottower ,ball pay when due clue priaap.j of. and ia0erest on. the debt evidenced by tbt Now and late ch&W due ardor the More, 2. MosiWly Poyxwsntof To=% lattsraance.cod Odw Chaps. Borrowa shall include its cock Month payment, together with the paimeipal and interest as set forth in the Now and any late charges, a sum for (a) taxes and special assessawnts lsvwd or to be levied acpimt the Property, (b) Ietasel" paymesits or ground, rents on cis Property. and (c) prom ana for imtmrnece required uWa paragraO 4, in any year in which the Lander must pay a Por" itua+ ws prawn to the Sccratary of Hatt*g and Urban Development (•Samar^ or w any year w much sorb peanium weak have been tcq*ed if Larder still held the 3eaft laude en , etch monthly payment shd also imclnda OldA r: (t) a sum for the annual mom" inserratoe premium to be paid by Lender to the Secretary. or (ii) a monthly oberp instad of a tmertga=e insuramee premium it this Security htsttoom is Mid by the Secretary. In a reasonable aatount to bed ddwmk ed by the Seassary. Empt for the monthly oWp by the Secretary, these items are railed "Bartow Items" aad the fans pad to Deader are caikd'Tactow Mails." Lender rang, at any tuna. collea and hold amounts for Baeow use= in an 88papce amwttn not to exceed the MU MUM amount that my be required for Boerosta'a anew account coda the Renal Bean Seedameet Ptooe"g Act of 1974, II U.S.C.1 ?,601 g j. &ad mtpktrtentia6 »oatlitiax, 24 CM Pact 3300, u they may be arneaded IImm time to time ("MPA"X erxoept that the c udom or naaw pwmkW by RIWA fa utaaticip" Ott or disbursements before the Borrower's payawts an avabLble in the account may mot be bared as anoumts due for the Mateo inuea+cx pteMWM. If the amounts build by Lander for Sscrow Items emceed tie aRMM psn dUW to be held by RWA, Leader sbtU account to Bonr~ fear alts erxceas funds as requited by RRVA. U the artamtt of fntsds bald by L=dtO at an? time ate trot rufficaatt to pay the Escrow Items what due. Lender may notify that amower and taqutdre Sonuwex to mike up the shortage as permitted try RSSPA. The Escrow Fends are pkd od as Wditia»t security for aA suns sgo=d by this Security Iumaneot. If Borrower 'code" to Lender the full payment of aD such sums, Borrower's amunt sbdl be credited with the balmI ranaitting for am inrtal)lit M irons (111 ft and (e) and any mattetge WRIVIOce ptetai m imaallaaent that Leader bas not become ob6pted to pay to the Secretary. and Lander shall promptly refund any exam funds to Borrower. Wasdiately prior to a foreelt acre nip. Of the property or its at:gmisili t by Leader, Borrower's account Ad be credited wilt any babweeb mnakft for ail instruments for iteans (a), ft and (c). 3. ApltHtssbfeisc Of Pgytsseatpi. All Payments under paraoraphs 1 and Z shW be applied by Lertdtr as follows,: MM to the moatoep ittautance premium to be paid by Leader to the Secretary or to the; tmntWy charge by the Secretary instead of the monthly moepge hwrancs pre a*m; + . to soy taxes. epodes anemmemts. Insebold payments or ground reacts, and fIm flood land otbcr harard incur premiums. as required; Ml= to largest doe under the Note; 2MM to aneetisadom of des Principe) of the Note; and E. to late charges dot: under the Now. mtu arms letee) epass =aJ7 ) » ear ewe rsoeFOO wr drrettaetl/M0 ¦ BK 1837P67146 4. pfre, Flood aid Other HWW Inetwom. Bottnwet shall insure aQ improvetaws on the PwpwW, wbetim now in wdsteece or subaa matly erected. spbo any hazards. cawWiee. and contingums. mchAn fire, for width Loader requires insurance. Tons imnrnnoe sW be tm4h*dwd in the amounts and for the periods that Leader'sequires. Borower shall also lovers all hap wamews on the Pwpaty, wheter h now is existence or sabsegoe itiy erected. loss by floods to the extent required by the Secretary. All insurance dun be carried wilt compytdes approved by I*Ww. The iosutaaa policies and any rsncwats shall be held by Lander and dad b wk* loss payable elauscs in favor at. Sad In a form momptable to Lander. In the event of loss,. Borrower SW Siva Leadsc immediate storm by mail. Lender may snake proof of losa if not made promptly by Bomawa. Each iosars= compa w coneetand k bat* edltoriaed and directed to malts 5zfor such loss dire,.-sly to Leodw. loped of to Borrower and to Isnaler Anly. Aq or tmy past of the knrance prow applied by Lender. at its option. eidter (a) to the feducdcot of tba iedd*dnesa tinder the Note and dtf: Sfetwity fins to any delbagttaot amounts a®piNdd in the order in parapo 3, and rhea to prepayawl of principal. or (b) to the repo mion or tepak of Ilia damaged property. Any apptixad n of the p aces& to do ptiocipyl shay trot 0= 0 or portpond the due date of the mommy payments wftitb an rehired to in parapraph 2, or cbsupe due amount of such paymetts. AOy emu insurance proceeds over an amount requW to pay all outstu64 indebtedness coder the Note mW this Security', Instrument shall be paid to the entity leSd1y entitled thereto. In the event of foseclosure of this Security Iostromwo or other transfer of d1k to the Property that extingui:bes the indsbtedaeae. all Ogbt. dth and interest of Bonower in and to lasrtratee pabdoa in forte :ball pan to the1uscheer. S. Oempaq, Prelervadioo, Mdt~butatsee and Pretealon of the Prepety, Bommer's Lents Application; Lwfa didds. Borrower d all. occupy, establish, and use the Property as borrower's principal residence W*b sixty days after the exeadan of ti's Security Instrixttent (or witldtt siayy days of a boar sale or transfer of the Poopeety) * shall eoatiwe to occupy the property as borrower's psiodpal reddisto for at least one year after the den of ocat q. melees Lortder detemdoes tbst requbanent will cause endue hexdittip for Borrower, or hatless extenua ft eircum exist which are beyond Borrower o control. Borrower shall oodfy i sade< of any extena a ft dgeumstanas. Boanw* Shia not Commit waste or destroy, damage or substantially :beans: the Property or d ow the Property to deteriorate, tewO" wear and tosr excepted. Lander msy inspect loss Property it do Ptwsm b vacant or abandoned or the loan is in de[ . Leader may tale: rassonable action to protect and preserve :tads vacant or abandoned property. borrower Ad also be if Borrower, during the bars application proteai, Stave materially UW or hm=rats infarmadon or state rmsts co (or failed to Provide Leader witit any ateteriat ida7cation) in eottnecdoo with that loan ev4encsd by the Note, itch, but not limited to, tepreseutzeioot coooemits Botromes oompaaey of ilia property as s pdadpal residence. If dtis soma* Instrument is on a kasdald. BarrWAW slid' comply Witb the proviaiotis of the kese. if Boetower acquires fee tills ib the Property, the leasehold and fas title stall not be messed imiess I ender egress to the aetw in writing. b. Condem st" The puocseds of any award oe claim for dannapv. dbeot or omsequantiaL io Oonowdon with any condemnation at other tafkiag of any part of the Pwporty, or for conveyance in place of coodemnatim. are batty assigned and slid' be paid to Loader a the extent of the fiat smotatt of the. btdebushmaa that remaims tatpaid uod*r the Now and this Security itstrument. I,sndet sba>l apply sends proceeds to do mductioa of the iadebtedoea under the Nces Sad ft Security instrarsent. first to any delinquent amounts applied to rite order provided in pangiaph 3. and tbea to Any appliation of the p aces& to the pm xdpal shell not extend or yroent of pt?iaeipal. Waned to in patsptaph 2. of efuo due amount of such PaY?p. Any My a vie the due data of the monthly ytaeus. which an tp ccess ptoceeda over an artioum required to pay all outstand tg bdd tadesss write the Now and this Socarky Immuneot ftl be paid to am eaorty n5pay thereto. Cb wps to Borrower aad Pnoteetbtn dtt Luder's Rf" ifs the Prep wty. 8oy ap Fvp9matral or municipal cl>Iuw, fines Std 'impositions that am not itultldad in ptagraph 2. Batrowet obliptioes on lima dirs* to the entity wbieb is owed an paptmL It sedan: to pay wodd adversely affect S ioeem to die A"op sly. upon LAdWs request botrouwr sbdi ptompdy famM to Lander re eipts evideacins drsse paymOsrt:. If Borrower fsb to malts tbsm payments at rbe payments ttegobW by paraWsph 2, or fails to'i perform any other covenants sad agreements oontsated in this Seaaity InsWment, or data is a lap' proosefTsts that may upitieau dy affect s rights in ptopaty (aucb as a preoee in bWcsuptcy, farootrio ruaadon or to attoroe hens or Oplatiotsi then bwkxftg y do wW pay wbatever is vana zy to protect too vake of the Property and L+tadees r** in the fYr vcm, payment at texas6 bwad insurance Sad ottaar imw mentioned In pw*Smph Z My amounts disbarred by L,sadar wider this paspapb doll 'k - Fi ant an additional debt of bowwot sad be seared by this Security instrument. Tbeae am nuns shall bar ittt w from the data: of disbursement at rho Now rats. Sad at the option of Lender shall be immediately due and payable, :raw 1"" twi (seas! yra pores) ,.wee awe ,+e?goasst t'i:a F? M B!{1837PG4147 it OVOWOr abd Promptly dbdWr My lies w'" hU Priority over this Secaaary Iasrsoaunt ttahja Borrower (a) :peas is writing to the psymot of tits obip6m secured by the On in a tawwuer acospuble to Lender. (b) cmusts, is pond fahh the lv4 by, or de(atsds ap w cdonvowl of des On in. k6d prooeedinp WWcb in this Landees, QVInioo openlroe to prevent tW adiormment of the Han. of (c) setjtrss from the bolder of the &n an eroo a saw wory to Lower aboribWAIRS the be" to this Sacnity Lntrumou If Lander decaamices coat may part of efts Property is subject to a lira which tnay afto priority over this Security Instrument, Larder may Give Borrows' a notlos 1daaif[yins do lien. Borrow doR sagarfy the ]ten or take out or mots of do scum net fade above witun )D days of des giving of not". I. Bess. Larder may collect few and ctoWs autbonzed by the 9emetuy. 9. Groondafior AeedeentioneCDebt. (at) De10tnlt. Letrder may, except as knifed by regulations Lured by the Secretary in the case of payment defaults. require limedisse payment in full of jD sums seemed by dais Swmty Instrument it. (il Borrower de mgr by faifinp to pay in full joy monthly payment retlttited by this Se=* torn asn prior to or on the due date of the tract monthly payment, or (61 Borower defaults by fafCng, for a period of thirty dan to perform any otbor obligations contained in this Security Instnnum. (b) Sala Will- - Credit Appfevab Lender shall, if patntitted by applicable law (ittciudrtg section 341(d) of the Gant St. t3ermain Depositary Institutions Act of 1962, 12 U&C. 1104 -3(d)) and with tW prior approval of the Seotetery, require Wwwdista payment is fall o( *U stmt moved by this Severity In wmasat if: (1) AD or part of the Ptoptssy. or a benefOW h?arest In a trust owning sD or part of the Property, is sold or ottaerwise trandw ed (other tbaa by devise or deseeat). Aed (ii) The Property Is ant oawpied by the purdw e r or prances see his or bar principal residence, or the purohuw or VWKss does so occupy do Property, but Us or her :edit has not beat approved in Aeowd ace witb the regturemerim of the Secretary. (c) No Waiver. U detatm senses ow, that would pamit Leader to require immediate payment Fn full, bat Leader does not care web payments, Leader does sot waive Its n#u whit respect to sobsequtnt everts. (d) Rqddlw of HUD .Seensdry. In VMY dx msMm tsplafts issued by the Secretary, will limit Leader's dos, in the cant of psnrtnsat defaults. to requite ktnedate paymatt in full and fora dose ff riot pad. Ibis Saatrity lasmocat does not aathorke acctioratfon or fotec[osure if not psranitted by regulations of the Secretary. (s) bUr%W Not Itwussd. Borrower aptes that it this Security Instrument and the Note we not determwed to be ObOIe for iaewuanoa Under the National Houft Act w kWa 40 frwn the date betecf, Lender may, at AN optba require 6uaediuste payment to full of All s moved by this Security Iostruotent. A written statermit of my audWrized agent of the Scawaty dA ed subsequtatt to 60 from tea data bareof, deoliabr6 to this 3eoudcy Iambnnteat and the Note, shat be deemed conducive proof of earn deed *Iky. Notar'it>s tether e fa msciing. this 000 may not be cmxkW by Lender when the mrtavailabdity of inswum is solely dos toiLamder's fael m w rw* a mortpps insurance premium to the Socretary. 30. BeittelMstMnt. Boerosuer bas s uuiaht to be teins?.atad if Larder has t+oquired iptmsrbace poyntedt b fall because of BoMMU's failure to pay so amount due corder the Nate or this 3emmx* lasttumont. Thu rig1K appals even after foradoahte Proceedings we inadtured. To reinstate the Sectufry InstrWn". Borrower abaft feeder in a hump stun to arnonw required to bring Borrow es Aooonnt crest bdt OD& to the extent they are ONIgstions of Borrower under this *=ity Instrmasnb foreclosure eoa h and ressorutble and wMatsry aturnsys' fare and expenses properly associated with the foreclosure ptoaeedinfi. Upon mat by Harrower. ties Seourky Imstmsrmwrat &W the obligations that it moves sEall remain in effect as ff L,esldsr had not requited kraaediata payment m loll. However. Lander is not rs MMd w pn*t rcinatatm= tf: W Lerch: has aotepsed teinRUWAern after the cowmeaeamamt of forecloanro powedinp Win two! yeah W mc"teiy prt"Mag tbk tomoeaonaam of a tx %ar focaalop" prooeeditg, (a) re3bitsteaatt w(B P"dude feeegbwre on different grounds in the fawse, or (iii) seiasta OMICt will adversely affect the puonity of the lift aoated by this $ecatityr Instrument. 11. Borrower Not ltdenm* VMbseswoe by Leader Not a Waiter. Extension of tine tiptc of payment or modification of aetgtizadon of tba steps resented by this Seeurby 1ww arena granted by Leader to say summor in buerast of Bamwer shalt not operas to heiress due gabby of the %WwAl Botowa or Borrower's wcaamoms i in nectar. Lender shall not be required to cononence proesedfnp apsinat any suooessor is iaterert or eefaae to extend *0 for payment or othaaw " aaosify aaaonisatioo of the event ateeutsd by Otis Searity lastrwneat by reason of any mule by the or sWd Borrower or >> wowut es suocesaars in iuMSr a Any forturattee by Lander in oxerdsmg any*oor remedy :ha)I not be m waiver of or Puck'& the Our&* of any right or remedy. nrM rrrlyd easort (1% 1 Qf 7 pgw) ie orrK Ca! ?+ap sll+ta l7h a>F m tp* BK 183TPG4148 12. Sucaasse sW Assigns Domed; ,Nita tend Strseti Lb" M CO-51411141% The covenants ud APtumeats of reds SwuM lnstrgmat sbW bind aad beatfit the suooeWM and towns of Ltaadef and 8dMW, subject to do provision of ?a graph 9(b). 8onow«'s covemu and agreements shaft be joint aW stve?aL Any 8000wgr who G OAP this y Insatrmesnt but dots sot execats the Noe: (s) is co.eigaipg this Saauiry Instramsat only to to "PPI VWA sod cMV`y tint SWTOwer't iateratt in the propsrry gates the tents of this Seaniiy Jwu=att; (b) is not persona b obligated to pay the sutras sauced by this 5e0urlty lttaontnteot; and (d) +iap that Lttttder and aqy other 8otMM may agree to exW4 ma8iy, forbear or auks any accommodations with to ga d to ft terms of this Sexxaky Inba>raeat Of the Note WW W that Bo:rowWS consent. 13. Notion. Any notice w Dotrowa Provided fa IN this Seencity Instrument :it'll be given by d4li UWS is or by mail;sg k by first dots mail =bW spplioable law mgoiss use of aaotber metsad. The 110600 aMO hie d to tine Property Addceas at soy other addnen Dorporves designates by notice to Lender. Any notice to I.sadat dl be pvsn by fast class tw to Leader's adkrws stated herein or any addrm Lsadsr dgipatbs by no" to 8onewer. Any Notice Provided for in this Security Instrument due be deemed to have been given to Borrower of Leader when givaa as provided In ibis P e 14. Govaming Law; SeveraWllty. This Security laormum shah be govaned by fetdad law end the law of the jur ilicbm is which the Poeputy is loosest. In the event thu any provi eat or dum of this Security Ihhewbrme nt or the Now coo Ucts web applicable law, such codtirx aW not affect otietr provisions of dhis Saauky inswu and or the Note which cut be given effect without the codbofts provision. To this and the provision's of this Security lob-Mteat and thte Note are declared to be snmbk. 15. > wr*wWs Copy. Borrower sW be givens one oootortaWcopy of the Note and of tbh Seca* Instrhuttant. 16. Ilba edous 9ii1tAanoss. Borrower hdtail to cadre or petmk the ptewn, use, dispouL acrii* of rebus of arty Ha2ardous Subscaress oa or in the Pwpetty. Imewer stall not do. nor agow anyonb else to do, anylhieS dree eg the Property tbu is in viaiatiat of nay Eaviroamentd Law, The precubig two serxeatcas :ball not apply to * preaem. use, or storage on the property of sawn quantities of Hundous Substances th d are psuerally reocpnw d to be appropriate to normal resideatbtt Uses and to maiotanance of the property. Borrower slatg promptly give Lcada written notice of any kwesuptiah. claimk demand, lawsuit or Caber action by any governmental or regubtay tip Pq or private party bnvolvb g the Property acrd any Hu dour Substance or Eaviroaraeatal Law of which Borrower has arsenal knowriedgs. If Borrower kana, or is pacified by any govetatnsntai or regubtdry authority, that soy removal or otba retusdidion of say Hazardous 9ubetsnees affecting rhea Property is necessary , Sorrovvrr shall promptly take all necessary setnedW actions in aoeondence wkk Birviroomemal Law. As used its this paragrapb A "Himur mn Suberanoes" are thole sdManoea defined as toxic or hau# =s subs iew by Bnv'aownatal Law and do Mowing stilisomab: gtachrie, kwavene, other fbminhable or tonic pauclourm products, toxic pesticides and ba6ioidts, vobttb soheacs. mateaiabt aomahning asbestos or fotta dityde. W rodwaetivO rnaterink As used m thus paragraph A 'EoviroumeaW Law" mars federal laws end laws of the Jurisdiction wbete the Property is located dot note to beukh, safety or eavaoronentsl protection. NON-UNMRM COVENANTS, Borsowet and Lander ft vJw covenant and agues as follows: 17. Aaigttaatt of Recta. Borrow OWMO MDy astlgas stud tcansfas 10 L mater all drat rents and revenues of tent property. Barower suthwriaes Leader or Lreadet's agatts to collect the Tarts and reveahwa and hareby direct: each tsaaat of the bopaty to pay ibe rents to Lender or Letadee's Wm. However, prior to L,cp&es scoots to "u of Bortrower'a breach of any covenant or agioaroeat in the Samhy Instrua w Sorrovssr shdi col)ad sad Topeiva all ** and revanum of the Property as uume for tie benefit deer f ender and Borrower, This au*mnent of rents conadMes an'sbauU to assignment and not an mwigaaent for addkWW sacttrky atty. If bander gives notice of breads to Sonowat: (a) W teats vawivad by 8orrotlrr'.r shall be held bye Borrow as trustee foe benefit of Leader only, to be applied to tbs sums secured by the Sww* Ittstcame it: (b) Landef IWl be entitled to eouget and teosive al of the rsats of tiu Prirpuly, and (c) each tenant of the Property shall pay all rape due &M uiLVW to Gender or Lender's agent on Leader's wtiuoa dartinad to the tenann. Borrower has trot examit any prior aa*Rtr?ent of the teats and bas not and will not perform any act that would prevcat Lender from oxacisbsg its tights under U& paragraph 77. Lander sW not be required to eater upon, take conavl of or ffa atala the Property baton or after giving sonde of brt wb to Bortowar. However, Lanft or a judicisty sppoinud teoelver may do so at any time tb w is o beracb. Any application of rou sbW not cure or waive soy default or bevdWas any outer right or rome0y of Lender, Tide sasigetnttot of rents of the property shalt terminate when the debt snahusd by the Sacmity Iuv4viriem is paid in full. WISAT6W 0 jpm 19. Feredawrs Procedure. If Leader requires m{ntedlate parnent in full under paryrsptt 9, 1?Aex may ittdtibu fo=losc by judicial ptoeeed;s and/or invoke any aber mmedies permitted by applicable law. Lender Atel be entitled to o3li t all expm w kwwved to pwsuinS ft MrAdiea pW" or retae:sd to is chit parBraph ill. i dUNO& tut trot limited to, tea =bk suaneys' foes mnd costs of tw evWesae to do event permitted by appbaAis law. If the Leader's hanst in tbb Sea rky Instriumut is held t y the Swm try and the Secretary mpnes ipunednto pa7MCK in fuU tinder pengtoph 9, the Soastary may invoke the nmjudidal power of sale provided in the Sidple F&mW Mattpttpt FwAosuee Act of 1495 ("Act") (12 U.S9C. 3761 g 10) by mputtint a (orecloww en sonti"ioresr d under tan Act to cwnmenm foncWm ad to no the )Property as provided im the Act. *Aft is the psoeedipg seate*e dha8 daprtvt the Secretary of any tiger odter•riw available to a L,tttder under this paraSnph at or ttppKW* law. and the mull 19. RRaleasa. Upon psymeat of all sums secured by this Securiy bstmmWtattt. thb SomickY convoyed shall terminate aid toootta void. After such oocuttettcs, Lender slut dt WIC and satltty thus Instrume t without ettarv to Boaovar. Borrower stall pay any reoordssm costs. 2L Waiver. Borrower, to the exact patented by applicable law, waives and raters any boor or defocta in proceedinfa to antoros this 9ecttrity Iosttvmerm and hereby waives the benefit of am p onl or future ts* provident for may of exeardon, mansion of tiato. exemption from astael> med, levy and sak. and bolt eamd w=pdoa. 21. Periet. BMMWcr's tbn to rut N10 provided is PLv4M t 10 shall extend to oho boar prior to the comAmmusat of bid*g at a sheen s sak at other sale ptmw to this Sawrur tttstraraent. 2Z. Yarcbm* Mmq Moslgape. It any of the debt sacuted by this Smi rlty lastrusstt is lot to $orrower to oagwm title to the Pmpmy, this Sacority lasttatacat did be a pt+rohase money mottptpe. _ 23. laterat We Allatr Jodl menu. Borrower apses that the interest rate payable 4a a )X%mept is eutxed oa the Note or in an notion d matttape facedown ftU be the rue payabk trout that to tiro[: under then Now 2& Riderste thk Sww* ItaWwwat. it as or mom dden an exeaued by Borrower and rec"Oed topaber with ibis Secsrky Insirutz nt. des oavensnts of es& amb rifts dhall be incorporated into and shall amend end svpplem of the covenants mad ttpreamams of this Security limummat as if the rider(s) wag a pea of this So(mrity Iamaussem. (CMA appiioable, box(es)]. C C,ondon»ritnn Rider Ouduated Payment Rider (kowirq Eq* Rider Manned Unit Development Rider Ad)OAbk Rate Rider ? Rehabilitation Loan Rider C Nou4)wner Ocmpaacy Rich[ a Other (Spey) BY Slt3rlIM BELOW. Borrower accepts stud apm to the terms eontaieed In paps 1 throufll I of this Security tasuvnent mad in ray ride(s) executed by Borrower and ncotded with it. (Sato SCSI) r W3tmx- +re4 Zmts (IWO (Seal) (Sal) Sutroncr Dwwwa ) Witness: OrlFi rL" a 8K 18 (ft 6of 7 l 5 0 t.e.awat i.W4*0atxg.u-n-t,,, 3 -- F.- - . --- COMMONWEALTO OF PEN4 YLVANIA, GjMt cr 6A. Coumy ss: On dais. the 23rd day of SaptunW 2M befam me. tW ur&xigpW owxw. pasooatly appeued ~10 ! NMt6110 knows w Me (cr ssdisfas 909 grovels) w be the person whose oemc LS sabrciibed to the within Wmumud, m d wkmwledped (bat me executed tba sane for the patpon herein aonttbted. seal. IN WITNBSs WHiiREOF, Y hereunto set my band and officW 01011 My Coosmisdon W JNNNNI imp MyyOonnttMMan N ^r~t'! 3t 4CA7'E OF R MM, CE I, TIN FrMWhsaf Asredtlkn do bmby cMVy dW the eon W addrea of the w3dto tweed bnda is "COW" COW Onus, Ses6tl nk rm Ws0ht/lonl PW4lWftVAMAi ilM WPxtsess my band this 23rd day of SOPWr "r 2M Agent of Leader 0 MIN Mll? (400) 6K 18 3 ('/?Tr??dj! J'yCW 11 rAfta1 Exhibit "A" ALL trot certain lot of laid da s a In W Borough of L.awyoa. County of Cumbaduid, no Couavonwaahh of E'ewylvesda, more pardcWwly bounded mid deem' As Mows: 8E mmNG at a point, the soutbwaatara cormr of Hummel Avenue uO Second Street (formerly Cberry Alky); tbeaoe alag Hu=ad Aveaw to a waaWly dic+ t[sz< fee to a point; t wwv in a southerly direction slow ** eiftft be of Lot No. 13, B on the horeim?ftaf mandoo d Plan of Lott 2 So Beet to Peach Alley; t in an direction along the nordtarty lice of Pacb Alley 40 Awt to a pointt ono to westady liar 3ecoad Sweet; theme along Second Sued in a na tberly direction 158 feet m a point, the Vlw of BMINMNG. HAVING thereon erected a two and one-half awry 5=w dwoMag hove No. 204 Fiuwwl Avenue, Lemoyne, PacasytvaWa. BEING Lot No, 12, Section B on Me Plan of Lots known as Plan No. t of RivertW, said plan bai * recorded in the Office of the Recorder of Deeds of Cumberh ad County in Deed Book J. Vol. 4, Page 40. . ? li. Il:l'.(71UL'tl Comity PA ---'J Recorder of Deeds 9Y i $37PG4152 SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Wells Fargo Bank, NA ; PLAINTIFF VS. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MQTION TO REASSESS DAMAGES The judgment taken by Plaintiff has been rendered insufficient and inaccurate due to the passage of time. In order to update and correct the judgment previously entered, the itemization of damages must be adjusted in accordance with the terms of the Mortgage. The Mortgage entitled Plaintiff to pay, inter alia, all real estate taxes, fire insurance premiums, mortgage insurance premiums, in order to protect its security interest in the subject property. Increases in the escrow deficit and other costs incurred by the Plaintiff must be added as specifically set forth. Such charges for each of these items are specifically allowed by the Mortgage signed by Defendant. Stendardo v. Federal National Mortgage Assoc,. 91 F.2d. 1089 (3`d Cir. 1993). Further, additional court costs expended by Plaintiff must be added to the judgment. Said costs are collectible pursuant to paragraph 18 of the Mortgage. Under this paragraph, attorneys' fees are recoverable. Payment of attorney's commissions will be enforced to the extent necessary to compensate the creditor for the reasonable expenses of collection. The mortgagee, having loaned a fixed sum of money, should recover both the principal and interest without diminution for expenses which he may be forced to pay. Foulke v. Hatfield Fair Grounds Bazaar, Inc., 173 A.2d 703, 706 (1961). Plaintiff respectfully requests that this Honorable Court reassess the Plaintiff s damages to include the additional fees and costs which have accrued and accumulated during the pendency of this mortgage foreclosure action. Respectfully submitted, BY: - Michael J. Claii? Esquire Attorney for Plaintiff SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF vs. Jimmie B. Naugle DEFENDANT ; COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, hereby certify that on March 1 8 , 2009, I served a true and correct copy of the within Motion to Reassess Damages upon the following parties via first class mail, postage prepaid: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 SHAPIRO & DENARDO, ZLC V BY: \ , , ?, Michael J. Clark, Esquire Attorney for Plaintiff Date: March 18 , 2009 ?? ? ; ,: _ -, , ,`. ? ? ?? ? , t? „? , ? K L? _? ? f ? L / 4?} SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF VS. Jimmie B. Naugle DEFENDANT COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 AMENDMENT TO PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. No Judge has ruled upon any other issue in this matter 2. No concurrence has been sought on this Motion by opposing counsel as the interested parties are not represented by counsel. SHAPIRO & DENARDO, LLC BY:? l I? Michael J. Clark, Esquire Attorney for Plaintiff cs i. W z 0 2009 67 SHAPIRO & DENARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE NO. 06-27371 Wells Fargo Bank, NA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Jimmie B. Naugle NO: 06-5089 DEFENDANT ORDER AND NOW, this 2a day of rya.-x- , 2009, upon consideration of the Motion to Reassess Damages of Plaintiff, Wells Fargo Bank, NA ("Plaintiff) and the response, if any, of Jimmie B. Naugle, ("Defendant), it is hereby ORDERED and DECREED that the Plaintiff s Motion is GRANTED; and it is FURTHER ORDERED and DECREED that the Plaintiff s damages are reassessed as follows: Principal Balance $113,292.35 Interest from March 1, 2006 through March 15, 2009 $21,395.62 Escrow Advance $6,769.19 Pro Rata MIPIPMI $125.04 Inspection Fees $315.00 BPO $95.00 Attorney's Costs Title Search $370.00 Filing Fees (Foreclosure & Bankruptcy) $325.50 Statutory Required Certified Mail $1.25 Sheriff Fees and Costs $63.08 Skip Traces $75.00 Title Updates $200.00 Sale Deposit (03/07106 Sale) $879.39 Sale Deposit (06/11/08 Sale) $874.48 Attorney's Fees (Foreclosure & Bankruptcy) $2,470.00 TOTAL: $147,250.90 It is further ORDERED and DECREED that interest and additional expenses (including costs incurred) are to be added to this judgment, and such interest will be calculated at the loan rate of $578.26 per month for each month from April 1, 2009 through the date of reassessment and thereafter together with expenses allowable in accordance with the terms of the Mortgage and loan documents, plus costs. BY THE COURT: Ts ?r _ ?? ?.- 4 . :' .. L+ !.'-.. New { N f '. :s-- Y ?;? C> ?..> t e_ ?" ? O ? ! tT' Q Q M ..... ' '! SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF VS. Jimmie B. Naugle DEFENDANT(S) COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) 1, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Wells Fargo Bank, NA, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on April 6, 2009, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DENARDO, LLC BY: /' Lisa Kosik Legal Assistant 06-27371 r fll,? U a O m W ? V V T N (D v c' m N o iiiDDD N cp a ? w W v O n 0 v ro Cr f tD 7 , x O W m 'D 1 0 ro N o? n D N ?f ro ro 0 m ro Oo v QI U7 A W N U4 F't Ob 3 01 ? ? G O ? N ?1 O N. a W J vy d D .? y W Q b m a N o tin z c C" O 3 41 C" -w 5 n (A (D (D o c? 0 x ? ?? DL mono D m O O n ( O c o ° Q 2 y Q m a(? zn c O 3 w ?o n o - y C O :: N d () ? ? ? ? Ln-. co d m N;D m;p C) sA v3 c ;p A? g o m. m t O m ? o? S ? N ry S 7 ? y 7 w a O r , w m n CD w v o? fp . lD' to Yf m cD o ?"0 wm? w ? e w ?xZg O? m gw N ?a ?n m? m c ? w UNlT?ds Confirm tion n o livery "n A, w Signat re Con irmati n ?11 Special Handl ngfan Odd? Restricted Delive mN n rN ? ? Return Recei t ? o v U) Z 0 r --I o vi. 0 cn a 0 z m 3 `D g a V (D o V m c N 77 Oi O N <` z ac v ? v $ T O a fD N 0 m N eo P a f o ID C, x m o a O 2. <D CA v d Cf D M A 3 0 ?o m OD J v, A W N x V] w Vl z 5' ?• o w ? O UQ F o b [[yy ?' cD 4 N o o FZ R° OL W J_ D •-+ W d pZt Q d m 9 O N 3 ?p r" O 9 5 cD Q C" N Delivery onfirm tion Signature Con irmatio,n Specia Hand{ ng Recei r?r 0 CD 0 O " D (D 00000 R O CD O ID0? < m c ? CD ? ? o v ID lD P N M aWQ a d aao ' C (D ti N 3 Z 0 W n 0000 ti v v???z N U N N Si m 'OO a o O `"• N O O 7 M N ry 0 7 0.1 y a O N W (D 0? = -n O W ?.. 1p a y K cD m H Df ?7?getod3 CD y v g z 3 0_ ?'a i• m ,a m? ?D Ar- N C t0 d r? fin S A i ?0 T _m ?. AII ? N ••i n o 0 Fii.1= OF THE I 20091:iA 15 i'i`i i%: !,, cd .r 1• SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27371 -r Wells Fargo Bank, NA PLAINTIFF VS. Jimmie B. Naugle DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, 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 204 Hummel Avenue, Lemoyne, PA 17043. Name and address of Owner(s) or Reputed Owner(s) Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 2. Name and address of Defendant(s) in the judgment: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank, NA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Lemoyne Borough 510 Herman Ave Lemoyne, PA 17043 14. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, NA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Citifinancial, Inc. 3401 Hartzdale Dr., Ste. 216 Camp Hill, PA 17011 Citifinancial, Inc. P. O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 204 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Michael J. lark, Esquire O ?E Ic bra , , ,iY 2C09fiAY 15- IF i2: f;U t PEN, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which WELLS FARGO BANK N A is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 5089, at the suit of WELLS FARGO BANK NA against JIMMIE B NAUGLE is duly recorded as Instrument Number 200933428. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of 40 J) 7&2'/' A.D. of Deeds m3c;:r" ?; Lla.a?3. ?4J?r? COI?ry C? PA ?Y %oriy; ?? ??F1rat Alonilor ot,l?n-.1@10 P1 In the Court of Common Pleas of 2uu, `l? l? C 1 ??: Cumberland County, Pennsylvania ? Writ No. 2006-5089 Civil Term Wells Fargo Bank, NA VS Jimmie B. Naugle Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 10, 2009 at 1759 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit Jimmie B. Naugle, by making known unto Jimmie B. Naugle, personally, at, 204 Hummel Ave, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1258 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jimmie B. Naugle, located at, 204 Hummel Avenue, Lemoyne, Cumberland County Pennsylvania, according to law. R.Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jimmie B. Naugle, by regular mail to his last known address of 204 Hummel Avenue, Lemoyne, PA 17043. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael Clark, on behalf of Wells Fargo Bank, NA, of, 1 Home Campus Drive, Des Moines, Iowa, 50328, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 943.86. Sheriff's Costs: Docketing 30.00 Poundage 18.51 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 27.00 Levy 15.00 Surcharge Post Pone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed So Answers, R. Thomas Kline, Sheriff By &"?j Real Estate Coordinator 20.00 20.00 355.00 276.92 15.43 25.00 50.50 943.86 .46 2,/04 j. vv cz ? Co . Yv (,A_ 7) f -7 3 1 ?13/a -7 s SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF VS. Jimmie B. Naugle DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 Wells Fargo Bank, NA, 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 204 Hummel Avenue, Lemoyne, PA 17043. Name and address of Owner(s) or Reputed Owner(s) 2 3 Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Name and address of Defendant(s) in the judgment: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Wells Fargo Bank, NA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 4. Name and address of the last recorded holder of every mortgage of record: Wells Fargo Bank, NA 1270 Northland Drive, Suite 200 Mendota Heights, MN 55120 Citifinancial, Inc. 3401 Hartzdale Dr., Ste. 216 Camp Hill, PA 17011 Citifinancial, Inc. P. O. Box 17170 Baltimore, MD 21203 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 204 Hummel Avenue Lemoyne, PA 17043 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: \[?? k 1/-\, Michael J. lark, Esquire 06-27371 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I. D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY VS. Jimmie B. Naugle NO: 06-5089 Civil Term DEFENDANTS ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Your house (real estate) at: 204 Hummel Avenue, Lemoyne, PA 17043 is scheduled to be sold at Sheriffs Sale on June 10, 2009 at 10:00am, in Cumberland County Sheriffs Office, 1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $124,134.21 obtained by Wells Fargo Bank, NA (the mortgagee) against you. NOTICErOF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be cancelled if you pay back to the mortgagee the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 2. You may be able to stop the sale through other legal proceedings. 3. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 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 (610) 278-6800. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will recorded only if the purchaser pays the Sheriff the full amount of the bid. To find out if this has happened yet, you may call the Sheriff's Office at: 717-240-6390. 4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be rescheduled. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings, if necessary, to evict you. 6. You may be entitled to a share of the proceeds, which were paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff within thirty (30) days from the date of the sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of said schedule of distribution. 7. You may also-have other rights and defenses or ways of get ng yA14 house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 06-27371 ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern comer of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-5089 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, NA Plaintiff (s) From JIMMIE B. NAUGLE (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$124,134.21 L.L.$.50 Interest OCTOBER 21, 2006 TO JUNE 10, 2009 IS $20,060.84 Atty's Comm % Due Prothy $2.00 Arty Paid $146.00 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) REQUESTING PARTY: Deputy Name MICHAEL J. CLARK, ESQUIRE Address: 3600 HORIZON DRIVE, STE. 150, KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 Other Costs :Crt? R. Long, Pr tary By: Real Estate Sale # 67 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA Known and numbered as 204 Hummel Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie CEditor V11 SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 1AA--XV-W) J - (;2? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL RWATZ GALB No. 67 Writ No. 2006-5089 Civil Wells Fargo Bank, N.A. vs. Jimmie B. Naugle Atty.: Michael J. Clark ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Com- monwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the South- western comer of Hummel Avenue and Second Street (formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direc- tion along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 Of riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Es- tate of Mary Jane Lowe, also known as Mary Jayne dated Septembero23, 2003 aynd Deed re- corded in the Cumberland County Recorder of Deeds Office on Septem- ber 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4e Patr1*otwXews Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which ,appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true;. and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: r 04/24/09 05/01/09 05/08/09 Sworn to(rld'subscribed before me this 12/day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANO, Notarial Seal Sherrie L Km*r, Notary Public Cky Of Harrisburg; Dauphin County W Co wnbsw E)ires Nov. 26, 2011 Member, Pennsyltt Asaodatlon of Notarlea Real Estate Sale No. 67 Writ No. 2006-5089 Civil Term Wells Fargo Bank, NA VS Jimmie B. Naugle Attorney Michael J. Clark LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street (formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley: thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of Tiverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 1, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 359, page 2482, granted and conveyed unto iimmie B. Naugle, married. . k SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF VS. Jimmie B. Naugle and Occupants DEFENDANT Cl :71 ,`r1 COURT OF COMMON PLEAS t xi CIVIL DIVISION.. CUMBERLAND COUNTY NO: 06-5089 Civil Term MOTION OF PLAINTIFF, WELLS FARGO BANK, NA, FOR SUMMARY JUDGMENT Plaintiff, Wells Fargo Bank, NA ("Plaintiff'), by and through its attorneys, SHAPIRO & DeNARDO, LLC, pursuant to Pa. R.C.P. No. 1035.1 et seq., hereby moves this Court for entry of summary judgment in its favor and against Defendants. In support of this motion, Plaintiff avers the following: PROCEDURAL HISTORY 1. On or about November 4, 2009, Plaintiff commenced an action in ejectment by the filing of a complaint against Defendant and Occupants, pursuant to Pa. R.C.P. No. 1051 et seq. (the "Complaint"). A true and correct copy of the Complaint is attached hereto, incorporated herein by reference and marked as Exhibit "A." 2. On or about December 1, 2009, Defendant, Jimmie B. Naugle ("Defendant") filed an Answer (the "Answer") to the Complaint. A true and correct copy of the Answer is attached hereto, incorporated herein by reference and marked as Exhibit "B." The pleadings are therefore closed, and this motion will not delay trial in this action. FACTS 3. Plaintiff commenced this action with respect to certain real estate located at 204 Hummel Avenue, Lemoyne, PA 17043 (the "Premises"). Plaintiff has legal ownership of the Premises by virtue of the purchase of same by Plaintiff at the Cumberland County Sheriffs foreclosure sale of real property held on September 2, 2009. 4. Plaintiffs undisputed, fee simple ownership of the premises is evidenced by Sheriffs deed dated September 24, 2009, and recorded on September 29, 2009 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Document ID# 200933428. A true and correct copy of the Sheriffs deed is attached hereto, incorporated herein by reference and marked as Exhibit "C." In the Answer, Defendant admits: (a) he resides in the Premises; and (b) the legal description and address of the Premises. 6. By virtue of the ownership evidenced by the Sheriffs deed, and Defendant's admission that he is occupying the Premises, all of the elements necessary to sustain a cause of action in ejectment are conclusively established. 7. Defendant's Answer fails specifically to raise a genuine issue as to any material fact, which would preclude entry of the summary judgment in Plaintiff s favor. 8. Plaintiff is entitled to possession of the subject property as a matter of law. 9. The pleadings, exhibits thereto, together with the Sheriffs deed, show that there is no genuine issue as to any material fact and that Plaintiff is entitled to summary judgment as a matter of law. WHEREFORE, Plaintiff respectfully requests that its Motion for Summary Judgment be granted and that judgment for possession and for costs incurred in this action be entered in its favor and against Defendant. A proposed order to such effect is filed herewith. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: L e J. Rase, Esquire Attorney for Plaintiff/Movant PA Bar # 58365 Date: i 1 y) 1, SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF vs. Jimmie B. Naugle and Occupants 204 Hummel Avenue Lemoyne, PA 17043 DEFENDANTS COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 09 - 7&66 G;u, L CIVIL ACTION EJECTMENT 21000 NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 "A. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIEREDEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LADEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIAESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE ENFORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS ENCONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE,LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SINPREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ESPEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO OSUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENEABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIONSE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDECONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 06-27371 SHAPIRO & DENARDO, LLC ATTORNEYS A7' LAW 3600 Horizon Drive, Suite 150, King of Prussia, Pennsylvania 19406 G ERA LD NI. SHA PIRO Adm itted in Illinois and Florida Only DAVIDS. KREISMAN Adm itted in Illinois Only CHRISTOPHER A. DeNARDO Managing Partner DANIELLE BOYLE-EBERSOLE + N9CHAEL J. CLARK + ILANA ZION LESLIE RASE + Also Licensed in New Jersey Tel: (610) 278-6800, Fax: (610) 278-9980 90 DAY NOTICE PURSUANT TO PROTECTING TENANTS OF FORECLOSURE ACT, PUBLIC LAW 111-22 TO: Tenants 204 Hummel Avenue Lemoyne, PA 17043 AND ALL OTHER TENANTS IN POSSESSION: AT PREMISES KNOWN AS 204 Hummel Avenue Lemoyne, PA 17043 NOTICE IS HEREBY GIVEN, that Wells Fargo Bank, NA has purchased the above-described property at a foreclosure sale and is the record owner of the Property. NOTICE IS FURTHER GIVEN that, pursuant to the Protecting Tenants of Foreclosure Act, Public Law 111-22, All Tenants are given ninety (90) day notice to vacate the premises. If you fail to vacate the premises within the ninety (90) day period, Wells Fargo Bank, NA will proceed to have an eviction and lockout scheduled to have you removed from the Property. Pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22, if you have a pre-existing lease extending beyond ninety (90) days from the date of receipt of this notice, you may choose to deliver a bona fide lease agreement to the attorney's office listed below. If you choose to produce your lease agreement, you will be expected to pay contractual rent monthly to the Wells Fargo Bank, NA for the rest of the period of your lease agreement to the attorney's office listed below. If rent is not paid timely, Wells Fargo Bank, NA will proceed with legal action for POSSESSION. ALL TENANTS ARE REQUIRED TO DELIVER POSSESSION of the premises at the scheduled end of said lease agreement. Enclosed herewith is a copy of the recorded Deed declaring Wells Fargo Bank, NA as the lawful owner of said premises. I suggest you consult an Attorney or contact the undersigned to discuss the actual date you plan to vacate the premises or submit your lease agreement pursuant to Protecting Tenants of Foreclosure Act, Public Law 111-22. Leslie J. Rase, Esquire Attorney for Purchaser Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 (610)278-6800 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: Jimmie B. Naugle and Occupants 204 Hummel Avenue ; Lemoyne, PA 17043 DEFENDANTS CIVIL ACTION EJECTMENT Plaintiff hereby complains against Defendants as follows: 1. Plaintiff, Wells Fargo Bank, NA ("Plaintiff'), a corporation, has an office located at 1 Home Campus Drive, Des Moines, IA 50328, and is properly conducting business in the Commonwealth of Pennsylvania. 2. Defendants are Jimmie B. Naugle and Occupants ("Defendants") and they reside at 204 Hummel Avenue, Lemoyne, PA 17043 ("the Premises"). 3. The Premises, which is where the ejectment is to take place, is located at 204 Hummel Avenue, Lemoyne, PA 17043. A true and correct copy of the legal description of the Premises, is attached hereto, incorporated herein by reference, and marked as Exhibit "A." 4. The Premises were sold at Sheriffs sale by the Sheriff of Cumberland County, Pennsylvania, after due advertisement and according to law, under and by virtue of a Writ of Execution issued to satisfy a Judgment In Mortgage Foreclosure entered in the Court of Common Pleas of Cumberland County, Pennsylvania, at the suit of: Wells Fargo Bank, NA v. Jimmie B. Naugle. 5. The case number of said Judgment is: 06-5089. 6. The sale was held on: September 2, 2009. 7. Jimmie B. Naugle was the previous owner of the Premises by virtue of a Deed dated September 23, 2003, and recorded in the Office of the Recorder of Deeds for CUMBERLAND County, Pennsylvania on September 25, 2003, in Deed Book 259, page 2482 CUMBERLAND County, Pennsylvania. 8. Plaintiff purchased the Premises at the Sheriffs sale. 9. The Plaintiff acquired valid title to the Premises on the date of and by virtue of said Sheriffs sale. 10. Plaintiff is still the real owner of said Premises and is entitled to immediate possession of the Premises. 11. The Deed in favor Wells Fargo Bank, NA was recorded with the CUMBERLAND County Department of Records in Deed Document ID# 200933428, on September 29, 2009. 12. Said Deed is a matter of State public record and therefore, is hereby incorporated by reference herein as if fully set forth at length. A true and correct copy of the Sheriff's Deed, is attached hereto, incorporated herein by reference, and marked as Exhibit "B." 13. The persons in possession of the Premises are believed to be the Defendant in this action who are occupying the Premises without right and without claim to title. 14. Plaintiff is entitled to immediate possession of the Premises. WHEREFORE, Plaintiff demands judgment, in ejectment, for immediate possession of the Premises, issuance of a Writ of Possession and a judgment of its costs and disbursements in this action. Respectfully submitted, SHAPIRO & DeNARDO, LLC Date: 2 J `? BY: Leslie J. Rase, Esquire Attorney for Plaintiff File 4 06-27371 ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street(formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly directio along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frae dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. EXHIBIT "A" WSIL5 - ?g -7 ?' l t ?v6 P Gv?''' /? LE9Nr" fi ;/00 Jl! /Jis? ???aSG L /AJ -Z 4,ek ? 1 ,,? y ?° ,sco o vp ;,sK „16 W"i-x AMA I ao.clc? 0-1 !vQ ("p: Aso- ,?hr•? 1 Q ?,t,y ?? NOW f mom'' '? ?`Q!7 Ci`6flr*'?? rf `? ? i / 4?50 I ? 111-t gAY",.t PV414 7 drJ' 1 )Jeri • :K,uo 17.3, 67 Ir ' devg 4, 411' 9© i7...-f / A anr0?J47C+ Job %51 S :,errs ??KG.,?tt- ?,k.-acv tt r,,?f?•,( r?.vor? ?,iarv? ? avar/? my evizArrv 4Vh cE ?? 5!? ?c.'v?t?+5 ?Rt1wt "fi1E Sled ??..vk•?..,?? My Rex &,jz?WA I:,,. ts q,4 4D Ater f '3©i ql O vOL i w? t ?lio+ (w i A did S tz. 1 O tbicm-S f& ,W K I Nf3«+ hEF1l? X 1.C"p tr, hip ?:,,? my ?;lls . ?0 W5F mot- f •7e .? rMa1,?"'lt reo Fv? A 5 k rywNY•?? P<? ic'd, ?,v? ?,.v,s 5? er'FttiE PRC A.P,zc'x? n? r+{? I.r ?, Fly - xv?v,t-?, ?I-to.?st?. Jc l trt?.-s . '. i(lcxv 5,., u•O/L/CiN?- GN'V:?/A411,`f' ' Mrs -4 II Vey o4VIOC! /r,- ye•,< 4le ?..vaL cat,?srarar??za?-% of 12 - / •- o? §j ATURE STApFINN Employee : 175 m me: NAUGLE, JIMMIE Week Ending 11115/2009 Check* 74176 74176 REGULAR OVERTIME DOUBLE SICK VAC HOL OTHER NONTAX GROSS FICA FED W/H ST W/H MEDICAR LO W/H NET CURRENT HRS 40.00 6 50 0.00 0.00 0.00 0.00 46.50 DOL 440.00 107.25 0.00 0.00 0.00 0.00 0.00 0.00 547.25 33.93 10.40 16.80 7.94 5.47 301.91 YTD HRS 1465.55 201.66 0.00 0.00 0.00 8.00 1675.21 DOL 15289.38 3141.22 0.00 0.00 0.00 88.00 0.00 0.00 18518.60 1148.18 976.65 568.51 288.54 185.20 9192.68 FILING STATUS: FOMW 02 PA 02 I PA 02 COMPANY WORK SITE(S): XPEDX R 40.00 I@ 11.00, XPEDX OT 6.50 (M 16.50 ADJUSTMENTS CURRENT YTD ADJUSTMENTS CURRENT YTD CHILD SUPPORT PAYMENT 170.31 6110.20 OCCUPATIONAL TAX UNEMPLOYMENT TAX 0.00 0.49 52.00 16.64 TOTAL DEDUCTIONS: 170.80 6178.84 ?u va ? ? P Y W to A ('?• ? N D N •c -d A ?. o a ; ? -3 og00 C, d A < , 0 O LA v C D (7 ? ?_ ?Q-`a ? G ` IZJ 11.) IQ i:3 O ? ? i ? O CD << ' ` v '7 00000OOCOQ?` C=l A? A? lD fm . r CD rfQ L? n C]. tS : N 4.?- H9 (.q 6n W 6A 609 69 b9 (A >v C y NtJNNNtJN IJ N Ili 7Q ° jL• '+ •+ G '' (JA s LA VI Vr IA (-A LA s -A pp A ? ? C ? C D C ? ? O ? O w A O a O CD O C d ? A '' G „Ay C D ,••• z C W O O n O CD = no f? f D 'ti g. CD 0CCDs9 5 C CD O? O O ta. C) G ?' G Nip cD ' 0 << -? co t7Q Q O cD C O ?`< O < - C CD y 10 f? C ? .r .f rr ?' A W „ ? Q. CJ C ? ? fJ ? 'd O ?? CDCi C N f?D (YQ D -At .e d CD O. C ? ^o a ? A •* cD -, trQ w (IQ m b Ooh CDc CD Q. N O CD r2 C - y • ?. C t? U a n U. 0 ry I? z C ryo > -e M, Ct tt7 A x w amC`, A O G J A ?Zz Ct C G Dry J J 00 - N a J 8 rn m 7y ro A T .7 ?s x ?J r? X r? p b r ? A A d A ??CD O N ? N?+ o ? b ?t y C O G r O o ? h 1 v ?a ? M R? R ? r • ? pt r n ? o O O G t ?• vC, . r a ?p?1 0 r ? £„o r co c: to r ?y S n d coo ? G C0 d ? rh C? `? V+ J co It 4rwq V a? r• dd ?+ r 0 ? O Co G H N 3. CD i ? 1 m N .e g fl a r C N w pC? m? x 7 a w O °o CYI .n N m m O T4 0 v M r.? 8 r N a o0 ?g ?N FILE" 2009 DEC - I KM 10: 3 1 ?'"r? W?Illi 001 K03 Tax Parcel No. 12-21-0265412 Know all Men by these Presents That 1, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00 (One Dollar), to me in hand paid, do hereby grant and convey to Wells Fargo Bank, NA Real Estate Sale No. 67 Writ No. 2006-5089 Civil Tenn Wells Fargo Bank, NA VS Jimmie B. Naugle Attorney Michael J. Clark LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Borough of Lemoyne, County of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, the Southwestern corner of Hummel Avenue and Second Street (formerly Cherry Alley); thence along Hummel Avenue in a Westerly direction 40 feet to a point; thence in a Southerly direction along the Easterly line of Lot No. 13, Section B on the hereinafter mentioned Plan of Lots 150 feet to Peach Alley; thence in an Easterly direction along the Northerly line of Peach Alley 40 feet to a point on the Westerly line of Second Street; thence along Second Street in a Northerly direction 150 feet to a point, the place of BEGINNING. HAVING thereon erected a two and one-half story frame dwelling house No. 204 Hummel Avenue, Lemoyne, Pennsylvania. BEING Lot No. 12 Section B on the Plan of Lots known as Plan no. 1 of riverton, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book J, Vol. 4, Page 40. BEING the same premises which Jeri Ann Blanch, executrix of the Estate of Mary Jane Lowe, also known as Mary Jayne Long Lowe, by Deed dated September 23, 2003 and recorded in the Cumberland County Recorder of Deeds Office on September 25, 2003 in Deed Book 259, page 2482, granted and conveyed unto Jimmie B. Naugle, married. 6 k ;?;t_ 11(00 A The same having been sold by me to the said grantee on the 2nd day of September, Anno Domini Two Thousand and Nine (2009) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 25'h of February Anno Domini 2009 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Six (2006) Number 5089 at the suit of Wells Fargo Bank, NA vs- Jimmie B. Naugle. In Witness Wereol, I have hereunto affixed my signature, this 24 day of Septemt*r Anno Dornini Two 'i'ltous uxl and Nine (2009) -' R. Thomas Kline, Sheriff C'otumonwealth of Pettnsytvania, ss. County of Cumberland Berore the undersigned, Curtis R. Long, Prothonotary of the Court of Common PIeas of CUrnberland County, Pennsylvania, personally appeared R. Thomas Kline, SheriffofCumberland County aforesaid, and irr due Corns oflaw declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witticss my hand and seal ol'said Court, this 24 (Jay oI September Ammo Domim TWO TI)Ousarnd and Nine (2009) I hereby certify that the residence And Past Office address ofthe Within Grantce is I Home Campus [)Hve Des 1loines, Iowa 0328 r Solicitor' ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200933428 Recorded On 9/29/2009 At 10:07: 49 AM * Instrument Type - DEED-SHERIFF'S Invoice Number - 53182 User ID - RAK * Grantor- NAUGLE, JIMMIE B * Grantee - WELLS FARGO BK N A * Customer - CUMBERLAND SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $13.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $0.00 DISTRICT LEMOYNE BOROUGH $0.00 TOTAL PAID $50.50 k Total Pages - 5 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDER O D EDS r?o • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 11111111111111111111111111 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA MOTION COURT COVER SHEET Wells Fargo Bank, NA COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. NO: 06-5089 Civil Term Jimmie B. Naugle and Occupants DEFENDANT BRIEF IN SUPPORT OF MOTION OF PLAINTIFF, WELLS FARGO BANK, NA, FOR SUMMARY JUDGMENT SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27371 4 INTRODUCTION Plaintiff commenced this action in ejectment by the filing of a complaint on November 4, 2009 (the "Complaint"). On December 1, 2009, Defendant, Jimmie B. Naugle filed an Answer to the Complaint (the "Answer"). The pleadings are therefore closed, and this motion will not delay trial in this action. There is no dispute concerning Plaintiffs legal ownership of the subject premises by virtue of the purchase of same by Plaintiff at the Cumberland County Sheriffs foreclosure sale, evidenced by a Sheriffs deed dated September 24, 2009 and recorded on September 29, 2009 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania as Document No. 200933428. (See Plaintiffs Motion Exhibit "C"). Plaintiffs entitlement to possession of the subject property is unquestioned as a matter of law. Because there is no dispute as to any genuine issue of material fact and Plaintiff is entitled to judgment as a matter of law, entry of summary judgment is appropriate. STATEMENT OF THE CASE The real property which is the subject of this action is situate in the Borough of LeMoyne, County of Cumberland located at 204 Hummel Avenue, Lemoyne, PA 17043 (the "Premises"). The Sheriff of Cumberland County, Pennsylvania sold the Premises, on September 24, 2009, after due advertisement according to law under and by virtue of a writ of execution issued to satisfy a judgment in mortgage foreclosure entered against Defendant, Jimmie B. Naugle and in favor of Plaintiff in this Honorable Court at Civil Action No. 06-5089 (the "Sheriffs sale"). Plaintiff acquired title to the Premises on the date of and by virtue of the Sheriffs sale and is the real owner of said Premises. The deed in favor of Plaintiff dated September 24, 2009 was recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, on September 29, 2009 as Instrument No. 200933428. The persons in possession of the Premises are Jimmie B. Naugle and Occupants. Defendants are occupying the Premises without right and without claim to title thereof. Therefore, since the relevant pleadings are now closed, and Plaintiff has provided its Sheriffs deed and there being no genuine issue as to any material fact, Plaintiff has moved this Honorable Court to enter summary judgment in its favor and against answering Defendant. Plaintiff is legally entitled to entry of summary judgment in its favor and against Defendants in accordance with Pa. R.C.P. No. 1035.1 et seq. ARGUMENT I. THE EVIDENTIARY RECORD ESTABLISHES PLAINTIFF IS ENTITLED TO JUDGMENT AS A MATTER OF LAW A. Standard for Granting SummarJudgment. Summary judgment is governed by Pa. R.C.P. No. 1035.2, which provides, in pertinent part: After the relevant pleadings are closed, but within such time as not to unreasonably delay trial, any party may move for summary judgment in whole or in part as a matter of law (1) whenever there is no genuine issue of any material fact as to a necessary element of the cause of action or defense which could be established by additional discovery or expert report .... Pa. R.C.P. No. 1035.2. The purpose of the summary judgment procedure is to prevent vexation and delay, improve the machinery of justice, promote the expeditious disposition of cases and avoid .f 2 ' unnecessary trials when no genuine issue of material fact is raised. Williams v. Pilgrim Life Insurance Co., 306 Pa. Super. 135, 461 A.2d 833 (1983). Plaintiff has the burden of demonstrating that there is no genuine issue of material fact. Hower v. Whitmark Assoc., 371 Pa. Super. 443, 381 A.2d 524 (1988); Carollo v. 48 Insulation, Inc., 252 Pa. Super. 422, 381 A.2d 990 (1977). However, once such a showing is made, summary judgment is appropriate if an adverse parry is unable to come forward with probative evidence, which demonstrates that it is not liable to Plaintiff. Phaff v. Gerner, 451 Pa. 146, 303 A.2d 826 (1973). See, also, Pape v. Smith, 227 Pa. 80, 323 A.2d 856 (1974); Amabile v. Auto Kleen Car Wash, 249 Pa. 240, 376 A.2d 247 (1977). The evidentiary record, as defined by Pa. R.C.P. No. 1035.1, (pleadings and exhibits, interrogatories, admissions and affidavits), in this matter establishes conclusively that the material facts are undisputed and, therefore, there is no issue for disposition by the finder of fact. The notes to Pa. R.C.P. No. 1035.2 provide, in relevant part: Rule 1035.2 sets forth the general principle that a motion for summary judgment is based on an evidentiary record which entitles the moving party to a judgment as a matter of law. The evidentiary record may be one of two types. Under subparagraph (1), the records show that the material facts are undisputed and, therefore, there is no issue to be submitted to a jury. An example of a motion under subparag_rap_(1) is a motion supported by a record containing an admission. By virtue of the admission no issue of fact could be established by further discovery or expert report. Note to Pa. R.C.P. No. 1035.2 (emphasis added). The material facts of Plaintiffs cause of action in this matter are undisputed and, therefore, there is no issue for disposition by the finder of fact. The material facts are undisputed w a either because Defendant has admitted to all material facts or has failed to raise any material issue of fact in dispute so as to preclude the entry of summary judgment. B. Elements Of An Action In Ejectment Ejectment actions are possessory actions. Soffer v. Beech, 487 Pa. 255, 409 A.2d 337 (1979). The purpose of an action in ejectment is to regain possession, Id., and a party must prove only two (2) elements, (i) that the party is not in possession, and (ii) that the party has the present right to possession of the premises. Shannon v. Reed, 355 Pa. 628, 50 A.2d 278 (1947). To properly plead a cause of action for ejectment, a plaintiff must aver in a complaint in ejectment (i) the description of the land, and (ii) an abstract of title. See Pa. R.C.P. No. 1054. In order for a defendant to defend an action in ejectment, the defendant would have to demonstrate that he or she has the right to possession of the property. Defendants may not merely rely on the unsupported and undocumented averments contained in an answer. Pa. R.C.P. No. 1035.3. It is also well-established that a purchaser at a judicial sale may bring an action in ejectment. Buckwalter Stove Co. v. Edmonds, 283 Pa. 236, 128 A. 835 (1925). In describing the plaintiffs burden in ejectment actions, the Superior Court stated: [Plaintiff] must establish a right to immediate exclusive possession ... In order to recover in an ejectment action, the plaintiff must show title at the commencement of the action and can recover, if at all, only on the strength of his own title, not because of weakness or deficiency of title in the defendant ... This rule places upon the plaintiff the burden of proving a prima facie title which proof is sufficient until a better title is shown in the adverse party. Hallman v. Turns, 334 Pa. Super. 184, 482 A.2d 1284, 1287 (1984) (citations omitted). The Premises was sold to Plaintiff on September 24, 2009. Plaintiff is the undisputed owner of the Premises by virtue of the Sheriffs deed dated September 24, 2009, and recorded on September 29, 2009 in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania as Document No. 200933428 vesting fee simple title in Plaintiff. (See Ex. "C" attached to Plaintiffs Motion). Plaintiff is the undisputed owner of the Premises by virtue of the Sheriffs deed, vesting fee simple title in Plaintiff. Plaintiffs possessory right flows directly from its ownership interest in the premises. Defendant has set forth no basis whatsoever to contradict Plaintiffs ownership. As it is also undisputed that Plaintiff is out of possession, each element required for an action of ejectment is conclusively established. II. ALL DEFENSES OR OBJECTIONS TO A SHERIFF'S SALE ARE WAIVED UPON ISSUANCE OF THE SHERIFF'S DEED In Pennsylvania, "[a]fter the Sheriffs deed has been delivered, the only attacks permitted on the Sheriffs Sale are those based upon fraud or on lack of authority to make the sale." Vend- A-Matic. Inc. v. Frankford Trust Co., 296 Pa. Super. 492, 500, 442 A.2d 1158, 1162 (1982) (citing Garrison v. Erb, 424 Pa. 306, 227 A.2d 848 (1967)). See also, Workingmen's' S&L Assn. of Dellwood Corp. v. Kestine, 438 Pa. Super. 186, 189, 652 A.2d 327, 328 (1994). In Defendant's Answer, he does not deny the property was sold to Plaintiff at the September 24, 2009 sheriffs sale and the deed in favor of Plaintiff was recorded on September 29, 2009. (See Defendants' Answer, generally Exhibit "B" attached to Motion). Additionally, Defendant admits in his answer he resides in the Premises owned by Plaintiff. (See Defendants' Answer, Exhibit "B" attached to Motion). ? h It The remaining allegations contained in Defendant's Answer raise solely legal issues, and are ripe for adjudication at this time. Defendant's Answer fails to plead with the requisite factual specificity required by Pa. R.C.P. No. 1019(a), (b), (f), (h); and 1029(a) and (b). Therefore, Defendant's Answer fails specifically to raise a genuine issue as to any material fact, which would preclude entry of Summary Judgment in Plaintiffs favor. Moreover, Defendant has never provided any information in Defendant's possession which would contradict Plaintiffs right to possession. Further, Defendant has failed to plead or produce any evidence of adverse title to the Premises as required by Pa. R.C.P. No. 1054(b). Defendant's Answer is, in its entirety, unfounded and unsupported, and Defendant is using the Answer as a delay tactic. Defendant has failed to plead or demonstrate any claim of right to title to the subject Premises. The Sheriffs sale held on September 24, 2009 divested Defendant of all rights and interests in the Premises and Plaintiff is entitled to immediate possession. Because Plaintiff has conclusively established (i) its right to possession of the Premises and (ii) that it is out of possession, Plaintiff has met its burden for a cause of action in ejectment. Any of the arguments by Defendant are untimely and of no merit. Accordingly, Plaintiff is entitled to an award of summary judgment. CONCLUSION For all the foregoing reasons, Plaintiff respectfully requests that this Honorable Court grant its Motion for Summary Judgment and enter judgment in ejectment for possession of the Premises in its favor and against Defendants, plus costs of suit. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire Attorney for Plaintiff r .. r SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF VS. Jimmie B. Naugle and Occupants DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 06-5089 Civil Term CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion for Summary Judgment and Brief, together with any other documentation specifically referenced in the transmittal letter on f I ) C) to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Jimmie B. Naugle 204 Hummel Avenue, Lemoyne, PA 17043 Occupants 204 Hummel Avenue, Lemonye, PA 17043 SHAPIRO & DeNARDO, LLC Date: 1 I y/I a BY: Leslie J. Rase, Esquire Attorney for Plaintiff CAt ia, 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. --------------------------------------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) Wells Fargo Bank, NA (Plaintiff) Cj vs. ?- C= ? 4 C- EM?'a' _ y? ? -rs -rrn Jimmie B. Naugle armr (Defendant) CD No.06-5089 , Civil c-Term? 1. 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 cases: (a) for plaintiff: Leslie J. Rase, Esquire, Shapiro & DeNardo,LLC (Name and Address) 3600 Horizon Dr., Suite 150, King of Prussia, PA 19406 (b) for defendant: Jimmie B. Naugle and Occupants (Name and Ad ess) 204 Hummel Avenue, Lemoyne, A 17043 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Si ure C.. Pf l.' ? T. /zm e C ?T . Print your name Date: / t N ?! _ Attorney for SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 06-27371 Wells Fargo Bank, NA PLAINTIFF V. Jimmie B. Naugle and Occupants DEFENDANTS FILED-ot'Fk JE OF TNr PRO i ' ,"!OT*y 2010FFB -5 PM 2'. 05 CUmp?t. ut1 -)U1 ' PF Z5yLVP,i 1A COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 06-5089 Civil Term CERTIFICATE OF SERVICE '2 ) I, Leslie J. Rase, Esquire, Counsel for Plaintiff, hereby certify that on ' 3l /O , a true and correct copy of the attached Notice of Argument was served by mailed same by regular mail, postage prepaid, to: Jimmie B. Naugle 204 Hummel Avenue Lemoyne, PA 17043 Occupants 204 Hummel Avenue Lemoyne, PA 17043 SHAPIRO & DENARDO, LLC BY: Leslie J. Rase, Esquire WELLS FARGO BANK, N.A., IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JIMMIE B. NAUGLE, DEFENDANT 06-5089 CIVIL TERM BEFORE GUIDO, J. AND MASLAND, J. ORDER OF COURT AND NOW, this 1 Q4?' day of February, 2010, upon consideration of plaintiff's motion for summary judgment, plaintiff's brief and argument, and in the absence of any pleading, brief or valid legal argument from defendant,' IT IS ORDERED AND DIRECTED that plaintiff's motion for summary judgment, IS GRANTED. By the Court, Albert H. Masland, J. zlos e J. Rase, Esquire avid Baric, Esquire For Plaintiff lmmie B. Naugle, Pro se 204 Hummel Avenue Lemoyne, PA 17043 :sal I ? N rri ` I The court notes that it received a four page fax from defendant on the day following argument, February 18, 2010, which constituted a request for leniency and/or time to make payments. The court does not doubt that defendant is in difficult financial straits, but defendant's pleas are legally insufficient and practically untimely.