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HomeMy WebLinkAbout07-0641 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-SD3 V. : NO. 07-641 Civil Term JOSEPH J. POESCHL AND NANCY L. POESCHL PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Joseph J. Poeschl and Nancy L. Poeschl for want of an answer. (X) Assess Damages as Follows Debt $ 116,411.97 Interest from 2/1/07 to. 3 alb At $26.72 per diem $ 1,068.80 Total $ 117,480.77 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior to the date of the ir of this Praecipe. A copy of the Notice is attached. R.FP. 237.1 Attorney or Plaintiff Martha 11. Von Rosenstiel Attorney I.D. #52634 Print/Type Name and ID Number Phone: (610) 328-2887 This IZ?day of 1 iz&s , 200 7 udgment is entered in favor of the Plaintiff and against Defendant, Joseph J. Poeschl and Nancy L. Poeschl by default for want of an answer and damages assessed at the sum of $$117,480.77 as per th bove certific Prot onotar b 1 County A #20454CFJ-TM Martha E. Von Rosenstiel, P.C Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COURT OF COMMON PLEAS COMPANY AS TRUSTEE FOR THE MORGAN CUMBERLAND COUNTY STANLEY ABS CAPITAL I INC. TRUST 2004-SD3: Plaintiff vs. : No: 07-641 Civil Term JOSEPH J. POESCHL AND NANCY L. POESCHL Defendant(S) NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel, Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 5. On information and belief, named mortgagor(s) and real owner(s) is/are not inco petent nor a service member in military service as defined by the Servicemembers Civil Relief A 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S 4904 relating to unsworn lsification to authorities. i Martha E.1 Von Rosenstiel Attorney ?or Plaintiff Dated: March 09, 2007 #20454-TM CTD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- SD3 c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. JOSEPH J. POESCHL AND NANCY L. POESCHL 1620 West Lisburn Road Mechanicsburg, PA 17055 Defendant TO: Joseph J. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 07-641 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 X800) 990-9108 E. Von Rosenstiel y for Plaintiff Dated: February 27, 2007 420454-TM CTD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004- SD3 c/o Wilshire Credit Corporation 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff vs. JOSEPH J. POESCHL AND NANCY L. POESCHL 1620 West Lisburn Road Mechanicsburg, PA 17055 Defendant TO: Joseph J. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 COURT OF COMMON PLEAS CUMBERLAND COUNTY Case No: 07-641 Civil Term IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 [artha E. Von Rosenstiel ttorney for Plaintiff Dated: February 27, 2007 _?^ ?! #? ? c .? a _ ?_? ?) G".? ! ,\1`, ? a ? `"?11 ?, ?-? h ._ .. v j{ ? - .,e..? .. ? o ? - ?a .` ?? "" 4 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Joseph J. Poeschl and Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Curt Long, Prothonotary DEUTSCHE BANK NATIONAL TRUST COMPANY : AS TRUSTEE FOR THE MORGAN STANLEY ABS CAPITAL I INC. TRUST 2004-SD3 PLAINTIFF VS. JOSEPH J. POESCHL AND NANCY L. POESCHL DEFENDANT(S) : COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 07-641 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 in the amount of $117,480.77 on. 0 Judgment by Default Money Judgment Judgment in Replevin Curt Long Prothonotary Judgment for Possession Judgment on Award of Arbitration Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887. r all& OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Joseph J. Poeschl and Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA17055 Curt Long, Prothonotary DEUTSCHE BANK NATIONAL TRUST COMPANY : COURT OF COMMON PLEAS AS TRUSTEE FOR THE MORGAN STANLEY ABS CUMBERLAND COUNTY CAPITAL I INC. TRUST 2004-SD3 PLAINTIFF VS. : NO: 07-641 CIVIL TERM JOSEPH J. POESCHL AND NANCY L. POESCHL DEFENDANT(S) 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 in the amount of $117,480.77 on. Curt Long Prothonotary Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession 0 Judgment on Award of Arbitration F1 Judgment on Court Findings If you have any questions concerning this notice, please call: Attorney. Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887. MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 PO BOX 307 SECANE, PA 19018 (610) 328-2887 Attorney ID # 52634 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE MORGAN STANLEY ABS CAPITAL I #20454-CS CFC Attorney for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY INC. TRUST 2004-11)D3 c/o Wilshire Credit Corporation : 14523 SW Millikan Way, : Case No: b7 --`q/ Suite 200 Beaverton, OR 97005 Plaintiff VS. JOSEPH J. POESCHL AND NANCY L. POESCHL 1620 West Lisburn Road Mechanicsburg, PA 17055 Defendants CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE ADVISO You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 -- 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Option One Mortgage Corporation, on April 09, 1999, which mortgage was recorded on April 21, 1999 in the Office of the Recorder of Deeds of Cumberland County in Record Book 1535, Page 964, secured on premises 1620 West Lisburn Road, Mechanicsburg, PA 17055 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to Norwest Bank, Minnesota National Association which Assignment was recorded on July 10, 2000 in the Office of the Recorder of Deeds of Cumberland County in Record Book 648, Page 740. 5. The mortgage has since been assigned to the plaintiff herein. 6. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 7. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from June 01, 2006 and each month thereafter, up to and including the present time. 8. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $116,411.97, plus per diem interest at $26.72 from February 01, 2007 to the date of judgment plus costs thereon. Ma tha E. Von Rosenstiel A torney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024(c) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. LEGAL DESCRIPTION ALL THAT CERTAIN land and red g tate, wW i war, tr and rW, t and piece tbaroof situp in Monroe Tarrreidp, Cuwland County, Pannay varia, bounded BEGINNING at apoint on the noMern We of Lisburn Road (L,R 21013) oil Ow dMdng line batweee Lots Nos. 67 and da an the thexeinraftr nwftned Plan of Lds; thence by sad drl WkV l* and the dividing fine between Leta Not, 67 and 69 on said flan of Lots. North 21 0agreas 59 rniMrtes 20 seconds Out 249.06 het to a point; "line between tats Nos. thence Soulh 73 degrees 29 minutes East 100.45 hat to a point dumce by the di+rW 66 and 67 an said Pfan of Lots, South de 69 minutes 20 seconds VtfW 268.64 Md to a point an the name m aide of I.taaum Road atM$ , tty? the nathem aide of said Roast. NaM 68 dogmas 00 minutes 40 seconds 1f" 100 feet to the Place of BEGINNING. 804 Let No. 67 of Sedan F on Ilk Plan of Lots tmown as Monroe Estates as recordeA in the Office of the Recoder of Deeeda for Cut, batb?td Cour4yt in Plan Boot 23, Page 177, BEING qrs earns p that Gregg E. Mw§n and Lowns M. Mar6n,%& wife by deed dated Apd 23.1980 and recorded In Used Book IV, Volume 2$, at page 418 at seq., in the Otte R the Recofdef of in and for Cu nberland County, Pennsylvan* grimed and conveyed unto the Grantor. UNDER AND SUBJECT TO, newft a, all easernenta. malrictlons, remvadons. amnants. and cwWftions appearing as a matter of record as of the date of thh Indenture. Parcel it 22-26-0227-WO EXHIBIT ? Wilshires- 12/13/2006 L1 78D POESCHL, NANCY L 1620 W LISBURN RD MECHANICSBURG, PA 17055 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Phone 888.917.1052 888.917.1052 Fax 503.952.7476 Web site www.wcc.ml.com The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice ex2lains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this notice with you when you meet with the Counseling Agent. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869.) This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OHTENGA UNA TRADUCCION INEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL (Continued) Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHAROF. OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time 1.178D Wilshire Credit Corporation Payments P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence P.O. Box 8617 Portland, OR 97207-8517 EXHIBIT POESCHL, NANCY L Page 3 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they receive your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it uu to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1620 W LISBURN RD MECHANICSBURG, PA 170559775 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $8,939.02 Late Charges $1,335.86 Other Charges $464.59 Suspense Amount -$861.49 TOTAL $9,877.98 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9,877.98 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (Continued) Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time L178D . s POESCHL, NANCY L Page 4 (30) DAY PERIOD. Payments must be made either by cashier's check certified check or money order made payable and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's rights to accelerate the mortgage debt. This means that the entire outstanding balance of the debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct it's attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to vav attorney's fees OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. x%,un1 v %-uicr, InE 11EVAUEIr YHIUH TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paving the total uaV av11YV1 a114 U performing an other re uirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase. the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HOW TO CONTACT THE LENDER' Name of Lender: Wilshire Credit Corporation Address: Pa ents: P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence: P.O. Box 8517 Portland, OR 97207-8517 Phone: Toll Free: 888.917.1052 Fax Number: 503.952.7476 (Continued) Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRI IPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time L178D POESCHL, NANCY L Page 5 Contact: Loan Servicing EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE MORTGAGE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ATTACHED IS THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY If you have any questions regarding this matter, please do not hesitate to contact us at our toll free number above. Sincerely, Loan Servicing Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time L1 78D Wilshire- MW 1 13/2006 L178D POESCHL, JOSEPH J 1620 W LISBURN RD MECHANICSBURG, PA 17055 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Phone 888.917.1052 888.917.1052 Fax 503.952.7476 Web Site www.wcc.ml.com This is an official noticc that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this notice with you when you meet with the Counseling Agency, The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at IL_ __-I ?r_?. _ it , _. . _ _ _ This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA_ ST NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL (Continued) Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARF. IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific standard Time L178D Wilshire Credit Corporation Payments P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence P.O. Box 8517 Portland, OR 97207-8517 e- POESCHL, JOSEPH J Page 2 DERECHO A REDIMIR SU HIPOTECA. HOMEOWNERS' NAME: POESCHL, JOSEPH J PROPERTY ADDRESS: 1620 W LISBURN RD MECHANICSBURG, PA 170559775 LOAN ACCT. NO.: 749748 ORIGINAL LENDER: OPTION ONE CURRENT SERVICER: Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT")YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face -to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. (Continued) Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS I.F.TTER IS NOT AN ATTEMPT TO COLLECT THE DEB 1', HUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time L 178D POESCHL, JOSEPH J Page 3 APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after they receive your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 1620 W LISBURN RD MECHANICSBURG, PA 170559775 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS and the following amounts are past due: Delinquency $8,939.02 Late Charges $1,335.86 Other Charges $464.59 Suspense Amount -$861.49 TOTAL $9,877.98 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $9,877.98 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (Continued) Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time L178D POESCHL, JOSEPH J Page 4 (30) DAY PERIOD. Payments must be made either by cashier's check certlrlea cnecK or money g payable and sent to: Wilshire Credit Corporation, P.O. Box 7195, Pasadena, CA 91109-7195. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise it's rights to accelerate the mortgage debt. This means that the entire outstanding balance of the debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct it's attorneys to start legal action to foreclose upon your mortgaged uroperty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to it's attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to actually incurred by the lender even if they exceed $50.00. The attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment of action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Wilshire Credit Corporation Address: Payments: P.O. Box 7195, Pasadena, CA 91109-7195 Correspondence: P.O. Box 8517 Portland, OR 97207-8517 Phone: Toll Free: 888.917.1052 Fax Number: 503.952.7476 (Continued) Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551.. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. Wilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time L178D foreclosure sale any other costs connected with the Sheriffs Sale as specified in writing by the lender, and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. POESCHL, JOSEPH J Page 5 Contact: Loan Servicing EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE MORTGAGE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. ATTACHED IS THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY If you have any questions regarding this matter, please do not hesitate to contact us at our toll free number above. Sincerely, Loan Servicing Wilshire Credit Corporation is licensed to do business at 14523 S.W. Millikan Way, Beaverton, OR. YOU SHOULD CONSIDER THIS LETTER AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT, THIS LETTER IS NOT AN ATTEMPT TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLATERAL PROPERTY. COLORADO: In Colorado, the Colorado Collection Agency Board, 1525 Sherman Street, Denver, CO 80203, licenses collection agencies. Payments should not be sent to the Board. If you inform us in writing that you refuse to pay this debt or request us to cease further communication, our final communications about our actions and intentions will be in writing. NEW YORK CITY: License 1032551. NORTH CAROLINA: Permit 3840. TENNESSEE: This collection agency is licensed by the Collection Service Board, State Department of Commerce and Insurance. W ilshire's office hours are Monday - Friday 7:00 AM to 5:00 PM Pacific Standard Time L178D a d ? r-; r-. t r?1 W z77? vi SA N 8 SHERIFF'S RETURN - REGULAR CASE NO: 2007-00641 P COMMONWEALTH OF PENNSYLVANIA: t COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS POESCHL JOSEPH J ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon POESCHL JOSEPH J the DEFENDANT , at 1002:00 HOURS, on the 6th day of February-, 2007 at 1620 WEST LISBURN ROAD MECHANICSBURG, PA 17055 NANCY POESCHL by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 18.00 6.16 & Affidavit .00 ,/,4 40 , / Surcharge 10.00 R. Thomas Kline 00 3 02/07/2007 01 MARTHA VON ROSENSTIEL a t6p0 Sworn and Subscibed to By: before me this day / Deputy Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00641 P COMMONWEALTH OF PENNSYLVANIA: d COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS POESCHL JOSEPH J ET AL VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon nnL COLTT. MANTr"v T. the DEFENDANT , at 1002:00 HOURS, on the 6th day of February , 2007 at 1620 WEST LISBURN ROAD MECHANICSBURG, PA 17055 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 6.00 .00 , 00 10.00 R. Thomas Kline .00 16.00/ 02/07/2007 MARTHA VON ROSENSTIEL By: day Deputy Sheriff A. D. PRAECIk FOR WRIT OF EXECUTION COMMO WEALTH OF PENNSYLVANIA CO TY OF CUMBERLAND Deutsche Bank National Trust Compy as Trustee for the Morgan Stanley ABS Capital I in q. Trust 2004-SD3 V. Joseph J. Poeschl a A Nancy L. NO. 07-641 Civil Term for Writ of Execution TO THE PROTH OTARY: Issue Writ o Execution in the AMOUNT matter: EREST from 3/10/07 t? 12/5/07 At $ 9.31 per diem (Costs to be added) Martliay.--'Von Rosenstiel Attorney for Plaintiff $117,480.77 $ 5,233.01 -14. ... fi 7' rrZ rz. ..,c w c cc, 1 LEGAL DESCRIPTION ALL THAT CERTAIN land and real testate, and every tract, parcel, lot and pieces thereof situate in Monroe Township Cumberland Cou#ty, Pennsylvania, bounded and described as follows: BEGINNING at a point on the North rn side of Lisburn Road (L.R. 21013) on the dividing line between Lots Nos. 67 and 68 on the ereinafter mentioned Plan of Lots; thence by said dividing line and the dividi g line between Lo s Nos. 67 and 69 on said Plan of Lots, North 21 degrees 59 minutes 20 second East 249.06 feet a point; thence South 73 degrees 29 minutes East 100.46 feet to a point; the ce by the dividing line between Lots Nos. 66 and 67 on said Plan of Lots, South 21 degrees 59 min tes 20 seconds W st 258.64 feet to a point on the Northern side of Lisburn Road aforesaid; th nce by the Northe side of said Road, North 68 degrees 00 minutes 40 seconds West 100 feet to place of beginni g. BEING Lot No. Office of the Re of Section F on der of Deeds for Plan of Lots known as Monroe Estates as recorded in the mberland County in Plan Book 23, Page 177. Tax Parcel #22 -028 TITLE TO SAID PREMISES IS VES ED IN Joseph J. Poeschl and Nancy L. Poeschl, his wife by Deed from John B. Lampi and Pat 'cia A. Lampi, his wife, dated 8/29/1986 and recorded 8/29/1986 in Deed ook 32-D, Page 04.. WRIT OP EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-641 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW i TO THE SHERIFF OF CUMBERLA To satisfy t e debt, interest and cc AS TRUSTEE IFOR THE MORGAI Plaintiff (s) From JOSEPH J. POESCHL AN] (1) You are directed to levy upon the DESCRI'ITPION. (2) You are also directed to attach thi YD COUNTY: sts due DEUTSCHE BANK NATIONAL TRUST COMPANY STANLEY ABS CAPITAL I, INC. TRUST 2004-SD3, NANCY L. POESCHL roperty of the defendant (s)and to sell SEE LEGAL property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the', garnishee(s) that: (a) paying any debt to or for the account 4 (s) or otherwise isposing thereof; (3) If property f the defendant(s) nc of anyone other than a named garnish garnishee and is enjoined as above sta Amount Due $17,480.77 Interest FROM 13/10/07 TO 12/5/07 Atty's Comm % Atty Paid $141,16 Plaintiff Paid Date: JUNE 22, 2007 (Seal) REQUESTING PARTY: Name MARTHA'; E. VON ROSENS Address: 649 SOUTH AVENUE, Ur P.O.BO* 307 SECANE, PA 19018 Attorney for: PL NTIFF Telephone: 610-3 8-2887 Supreme Court I No. 52634 i attachment has been issued; (b) the garnishee(s) is enjoined from the defendant (s) and from delivering any property of the defendant -vied upon an subject to attachment is found in the possession you are directed to notify him/her that he/she has been added as a L.L. $.50 $19.31 PER DIEM - $5,233.01 Due Prothy $2.00 ESQUIRE 7 I Other Costs Cu s R. Long, o By: Deputy Martha E. Von Rosenstiel, P.C. Martha E. Von Rolsenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 1 Attorney I.D.# 5234 Deutsche Bank National Trust Compa Trustee for the Mo gan Stanley ABS inc. Trust 2004-S D3 c/o Wilshire Credit Corp 14523 SW D Way, Suite 200 Beaverton OR 97065 II Plaintiff vs. Joseph J. Poeschl and Nancy L. Poesc 1620 West Lisburn ) Road Mechanicsburg, PA 17055 ?I I hereby certify that I am the alto property, and further certify that the i ( ) FHA Tenant Occupied or V ( ) Commercial of a Complaint in i ( ) As a result b (X) That the plai Assistance Action I Mortgage (a) Service o (b) Expirati (c) Defend the mort (d) I further agree to Attorney for Plaintiff as COURT OF COMMON PLEAS vital I CUMBERLAND COUNTY ikan No: 07-641 Civil Term CERTIFICATION of record for the plaintiff in this action against real ertv is: in all respects with Section 403 of the cludine but not limited to: >ervice of the Notice t or appear at the meeting with Counseling Agency )lication with the ;sistance Program. and hold harmless the for any false E.?sen v for Plaintiff ntiff has complies the notice on def n of 30 days since is failure to reque agee or Consumes s failure to file al .ers Emergency A. given herein. Dated: June 124 2007 N C? 0- 4 f? . ?„ co Martha E. Von Rdsenstiel, P.C. Martha E. Von Rdsenstiel 649 Sothth Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 5234 Deutsche Bank N tional Trust Comp Trustee for the Morgan Stanley ABS inc. Trust 2004-SP3 c/o Wilshire Credit Corp 14523 SW Way, Suite 200 Beaverton OR 970105 Plaintiff VS. Joseph J. Poeschl and Nancy L. Poes 1620 West Lisburn Road Mechanicsburg, PA 17055 ;AFFIDAVIT OF COMMONWEALTH OF PENNSYL COUNTY OF DELAWARE MARTHA',E. VON ROSE? forth as of the date the praecipe for t concerning the real) property located 1. Name and address of ow Joseph J. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Nancy L. P eschl 1620 West Lisburn Road Mechanicsburg, PA 17055 2. Name and address of de-. Joseph J. Pothl 1620 West Lisburn Road PA 17055 Nancy L. P schl 1620 West Lisburn Road PA 17055 Attorney for Plaintiff y as COURT OF COMMON PLEAS vital I : CUMBERLAND COUNTY : No: 07-641 Civil Term OTICE PURSUANT TO RULE 3129.1 ANIA: SS CIEL, attorney for the plaintiff in the above action, sets Writ of Execution was filed the following information 1620 West Lisburn Road, Mechanicsburg, PA 17055. 's) or reputed owner(s) s) in the judgment: 3. Name and address of every] judgment creditor whose judgment is a record lien on the real property td be sold: Beneficial Consumer Disco t Company 2700 Sand rs Road Prospect Weights, IL 60070 4. Name and address of every other person who has any record lien on the property: Monroe Township Municipal Authority 1220 Boiling Springs Road, S ite 122 Mechanicsburg, PA 17055 5. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which ay be affected by the sale: Cumberland County Tax Clai Bureau 1 Courthouse Square Carlisle, PAS 17013 Cumberland County Register f Wills County Courthouse Carlisle, PA 17013 Attorney General of the Unite States c/o Assistant Attorney Genera, Tax Division U.S. Department of Justice Post Office IBox 227 Washington, DC 20044 PA DepI ent of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg,'PA 17128-1100 Family Court/Domestic Relati ns Office One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance S pport Section/AT Sheriff's Sale Dept. 281230 Harrisburg, I ?A 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, OA 17105 OCCUPANTS/TENANTS 1620 West isburn Road Mechanicsb s. PA 17055 v I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information d belief. I understand that false tatements herein are made subject to the pen?lties of 18 Pa. C.S Section 4904 relating to unsworn falsification to authorities. E. !4w-lessen v for Plaintiff c.... ? ? ?`?? N ???" ? - ? ? ? ?µ, ;y ? ? 7? E;:_ ? ?,C? .-G plarthit E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Deutsche Bank Na Tonal Trust Comf Trustee for the Mo gan Stanley ABS inc. Trust 2004-S P3 c/o Wilshire Credit Corp 14523 SW Way, Suite 200 Beaverton, OR 9705 Plai tiff vs. Joseph J. Poeschl and Nancy L. Poe,, 1620 West Lisburn ) Road Mechanicsburg, P 17055 THIS IS AN ATTEMPT TO CC BE U', NOTICE OF SHl TO: Joseph J. P eschl and Nancy 1620 West Lisburn Road Mechanics urg, PA 17055 Your house )and/or real estate scheduled to be sol at Sheriff s Sale judgment of $117,4 0.77 obtained by Morgan Stanley A OS Capital I inc. Ti Attorney for Plaintiff as COURT OF COMMON PLEAS ital I : CUMBERLAND COUNTY : No: 07-641 Civil Term LLECT A DEBT ANY INFORMATION OBTAINED WILL FOR THAT PURPOSE ?F'S SALE OF REAL PROPERTY L. Poeschl 1620 West Lisburn Road, Mechanicsburg, PA 17055 is i December 5, 2007 at 10:00 a.m. to enforce the court ,eutsche Bank National Trust Company as Trustee for the >t 2004-SD3 against you. NOTI?E OF OWNERS RIGHTS YOU MAY BE ABL TO PREVENT THIS SHERIFF'S SALE To prevent this 1. The sale Trustee for the Mor charges, costs and r call (610) 328-2887 2. You may judgment, if the juc for good cause. s Sale you mus' take IMMEDIATE action: be cancelled if ou pay to Deutsche Bank National Trust Company as Stanley ABS apital I inc. Trust 2004-SD3 the back payments, late onable attorney's fees due. To find out how much you must pay, you may able to stop the ale by filing a petition asking the Court to strike or open the ent was improp rly entered. You may also ask the Court to postpone the sale 3. You may also be able to stop) the sale through other legal proceedings. v , You may contact an attorney o assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY SILL BE ABLE T1 RI HTS EVEN IF T 1. If the Sheriff's Sale is not s may find out the bid price by calling 2. You may be able to petitioi inadequate compared to the value of 3. The sale will go through or To find out if this has happened you i 4. If the amount due from the the property as if the sale never happ, 5. You have a right to remain and the Sheriff gives a deed to the bu evict you. SAVE YOUR PROPERTY AND YOU HAVE OTHER E SHERIFF'S SALE DOES TAKE PLACE. pped, your property will be sold to the highest bidder. You 10) 328-2887. the Court to set aside the sale if the bid price was grossly ie property. y if the buyer pays the Sheriff the full amount due in the sale. iay call (610) 328-2887. is not paid to the Sheriff, you will remain the owner of the property until the full amount due is paid to the Sheriff r. At that time, the buyer may bring legal proceedings to 6. You may, be entitled to a sh of distribution of the money bid for y 1 announced by the Sheriff. This sched ] will be paid out in accordance with th', distribution is wrong) are filed with th Distribution is posted. 7. You may also have other ri act immediately after the sale. YOU SHOULD TIKE THIS PAPER A LAWYER OR CANNOT AFFO BELOW TO FIND O CUMBERLA. III of the money, which was paid for your house. A schedule r house will be filed by the Sheriff on a date to be will state who will be receiving that money. The money schedule unless exceptions (reasons why the proposed Sheriff within ten (10) days after the Schedule of and defenses, or ways of getting your house back, if you ) YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ONE, GO TO OR TELEPHONE THE OFFICE LISTED WHERE YOU CAN GET LEGAL HELP. D COUNTY BAR ASSOCATION LIBERTY AVENUE ZLISLE, PA 17013 (800) 990-9108 (717) 249-3166 s To the Sheriff. I, the al (1) (a) real propel I request a be given to me at I verify that understand that fal 4904 relating to un Date: FOR EXEMPTION named defendant, claim exemption of property from levy or attachment: i my real property in my possession which has been levied upon, I desire that in $300.00 statutory exemption be set-aside in kind (specify 7 to be set-aside in kind): rompt court heari g to determine the exemption. Notice of the hearing should tress) (Teleph ne Number) the statements rna a in this Claim for Exemption are true and correct. I e statements herei are made subject to the penalties of 18 Pa. C.S. Section worn falsification o authorities. THIS I CLAIM TO BE Signature WITH THE OFFICE OF THE SHERIFF COURTHOUSE CARLISLE, PA 17013 717 240-6391 FA AL DESCRIPTION ALL THAT CERTAIN land and real?estate, and every tract, parcel, lot and pieces thereof situate in Monroe Townships Cumberland Cou ty, Pennsylvania, bounded and described as follows: BEGINNING at a oint on the North between Lots Nos. 67 and 68 on the 1 line and the dividing line between Lc minutes 20 second East 249.06 feet feet to a point; the ce by the dividing 21 degrees 59 minutes 20 seconds W Road aforesaid; thence by the Northe West 100 feet to the place of beginnii BEING Lot No. 67 of Section F on Office of the Recorder of Deeds for Tax Parcel #22-26-10227-028 by Deed from John B. Lampi and Pa 8/29/1986 in Deed Book 32-D, Page ;rn side of Lisburn Road (L.R. 21013) on the dividing line ereinafter mentioned Plan of Lots; thence by said dividing s Nos. 67 and 69 on said Plan of Lots, North 21 degrees 59 a point; thence South 73 degrees 29 minutes East 100.46 line between Lots Nos. 66 and 67 on said Plan of Lots, South st 258.64 feet to a point on the Northern side of Lisburn n side of said Road, North 68 degrees 00 minutes 40 seconds Plan of Lots known as Monroe Estates as recorded in the mberland County in Plan Book 23, Page 177. TED IN Joseph J. Poeschl and Nancy L. Poeschl, his wife icia A. Lampi, his wife, dated 8/29/1986 and recorded Pi ' r F .. . -q S i".. -IR 4 ? CO MART PA E. VON ROSENSTIEL, P.C. ATTORNEY AT LAW 49 SOUTH AVENUE, SUITE 7 SECANE, PA 19018 Martha E. Von Rose steel, Esquire Keri P. Claeys, Esquire TO: Be eficial Consumer 27 0 Sanders Road Pro pect Heights, IL RE: NOTICE 1620 Wes Amount ( Date of Ji Court Tee Plaintiff: Morgan Defendai )F SALE OF RE. Lisburn Road M Judgment: $11 and Number: t County, Docki ztsche Bank N iley ABS Capit Joseph J. Poesi Dear Sir/Madam: Please be a West Lisburn Road on December 5, 20 Square, Carlisle, P This notice may be a lienholder This propert above in favor of th The name o property are Josep A schedule later than 30 days a unless exceptions ar You should check date of the filing of If you have upon your lien, we permitted to give y vised that the prop Mechanicsburg, P. 7 at 10:00 a.m. in 17013. s being sent to yol on the property se and improvemen above named pla the owners, real J. Poeschl and 1 f distribution will er said sale, and d filed thereto Witt ith the Sheriffs f the schedule. ny questions reg rge you to CON u legal advice. Phone: (610) 328-2887 Fax: (610) 328-2649 June 12, 2007 Company PROPERTY: anicsburg, PA 17055 ,480.77 ch 12, 2007 curt of Common Pleas of 4 07-641 Civil Term ional Trust Company as Trustee for the I inc. Trust 2004-SD3 1 and Nancy L. Poeschl ty and residential dwelling, located at and known as 1620 17055 will be sold by the Sheriff of Cumberland County Cumberland County Court House, One Court House because research of public records indicate that you are, or ondary to the first mortgage, which is being foreclosed. s are being sold pursuant to a judgment entered as indicated stiff, and against the above named defendants. owners, and reputed owners of the aforementioned fancy L. Poeschl )e filed by the Sheriff on a date specified by the Sheriff no stribution will be made in accordance with the schedule ?n ten (10) days after the date of the filing of said schedule. )ffice by calling 717-240-6391 to determine the actual the type of lien of the effect of the sheriffs sale YOUR OWN ATTORNEY, as we are not 5 91 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Deutsche Bank National Tni st Company as Trustee for the Morgan Stanley ABS Capital I inc. Trust 2004-SD3 c/o Wilshire Credit Corp 14$23 SW Millikan Way, Suite 200 Beaverton OR 97005 Plaintiff Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-641 Civil Term vs. Joseph J. Poeschl and Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Defendants AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF DELAWARE SS lz MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service of the Notice under Rule 3129. 1, in the above matter was made on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: 1. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Beneficial Consumer Discount Company 2700 Sanders Road Prospect Heights, IL 60070 2. Name and address of every other person who has any record lien on the property: Monroe Township Municipal Authority f 1220 Boiling Springs Road, Suite 122 Mechanicsburg, PAj 17055 3. 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 Tax Claim Bureau 1 Courthouse Squaie Carlisle, PA 170131 #20454-DK Cumberland County Register of Wills v County Courthouse Carlisle, PA 17013 Attorney General of the United States' c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax Bureau Strawberry Square, I Ph Floor Harrisburg, PA 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance Support Section/ATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS 1620 West Lisburn Road Mechanicsburg, PA 17055 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 Asworn falsification to authorities. Martha'E--V-on Rosenstiel Attorney for Plaintiff For Accwntsba tAall A W N .c w O -4 O s O RO 2 r 2 x? WC?+-n= -0 cmnD o c Nnc Z Nao ?3 .gyp ='00 Dnc m nm w?D 6LOa?q 3 3 .g 3 3 0 3.'°. -- ? '-° c? 3 S ao qz mr 3 e 4 m V< 0 00. -0, g- G) Oc pL >0 0 ? ?-U V m ? ? ? CNACs?. - p N?D 0 co R ?Dcca?D o O>cm D°caB,-4 fl o F 1 J v W Q Q (11 (4 iAi w "? 3 t v (D -4 -4 w m• m ?- -+ m Cr- 77 w m -? a a. pp yc Dom' p p N Nty ?' aNO?I N 3, ?c tA r O$ Q m ? fn ? d ?_ i g a me $ y 3 .10 o n? ? N O PR 'gyp -n s ? m c. ?.?°=SD3 c a O O m ? TNy O N ?A :N-' O m D T Z7 O? 3 N 'D 7 O '0 C3 .+ y R1A O O O a C> a d oo i O -V u' c N [J1 C7 Deutsche Bank National Trust Company as In The Court of Common Pleas of Trustee for the Morgan Stanley ABS Capital I Cumberland County, Pennsylvania Inc. Trust 2004-SD3 Writ No. 2007-641 Civil Term VS Joseph J. Poeschl and Nancy L. Poeschl R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Martha Von Rosenstiel. Sheriffs Costs: Docketing 30.00 Poundage 2,441.01 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 13.44 Levy 15.00 Surcharge 30.00 Share of bills 14.92 $ 2576.87 J / ???blo 1 So Answers: R. homas Kline, Sheriff BY S J-Ii' Real Estate ergeant dk_Gr?r4 ?, ,Ior-7 qI/ Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Deutsche Bank National Trust Company as Trustee for the Morgan Stanley ABS Capital I inc. Trust 2004-SD3 c/o Wilshire Credit Corp 14523 SW Millikan Way, Suite 200 Beaverton OR 97005 Plaintiff vs. Joseph J. Poeschl and Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-641 Civil Term AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the 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 1620 West Lisburn Road, Mechanicsburg, PA 17055. 1. Name and address of owners(s) or reputed owner(s) Joseph J. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 2. Name and address of defendant(s) in the judgment: Joseph J. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 3. Name and address of every judgment creditor whose judgment is a record lien on the real -property to be sold: Beneficial Consumer Discount Company 2700 Sanders Road Prospect Heights, IL 60070 4. Name and address of every other person who has any record lien on the property: Monroe Township Municipal Authority 1220 Boiling Springs Road, Suite 122 Mechanicsburg, PA 17055 5. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Cumberland County Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 PA Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, PA 17013 Bureau of Compliance Clearance Support Section/ATTN: Sheriff's Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS 1620 West Lisburn Road Mechanicsburg, PA 17055 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 i subject to the penalties of 18 Pa. C.S. Section 4904 relating to / unworn falsification to authorities. M ha E. loosen A mev for Plaintiff Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Deutsche Bank National Trust Company as Trustee for the Morgan Stanley ABS Capital I inc. Trust 2004-SD3 c/o Wilshire Credit Corp 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff VS. Joseph J. Poeschl and Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Defendant Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No: 07-641 Civil Term THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Joseph J. Poeschl and Nancy L. Poeschl 1620 West Lisburn Road Mechanicsburg, PA 17055 Your house and/or real estate at 1620 West Lisburn Road, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff's Sale on December 5, 2007 at 10:00 a.m. to enforce the court judgment of $117,480.77 obtained by Deutsche Bank National Trust Company as Trustee for the Morgan Stanley ABS Capital I inc. Trust 2004-SD3 against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take IMMEDIATE action: 1. The sale will be cancelled if you pay to Deutsche Bank National Trust Company as Trustee for the Morgan Stanley ABS Capital I inc. Trust 2004-SD3 the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328-2887. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may contact an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling (610) 328-2887. 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 the property. 3. The sa le 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 (610) 328-2887. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have 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. 6. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the Schedule of Distribution is posted. 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 BAR ASSOCATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 (717) 249-3166 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300.00.statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. 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. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 1 LEGAL DESCRIPTION ALL THAT CERTAIN land and real estate, and every tract, parcel, lot and pieces thereof situate in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Northern side of Lisburn Road (L.R. 21013) on the dividing line between Lots Nos. 67 and 68 on the hereinafter mentioned Plan of Lots; thence by said dividing line and the dividing line between Lots Nos. 67 and 69 on said Plan of Lots, North 21 degrees 59 minutes 20 seconds East 249.06 feet to a point; thence South 73 degrees 29 minutes East 100.46 feet to a point; thence by the dividing line between Lots Nos. 66 and 67 on said Plan of Lots, South 21 degrees 59 minutes 20 seconds West 258.64 feet to a point on the Northern side of Lisburn Road aforesaid; thence by the Northern side of said Road, North 68 degrees 00 minutes 40 seconds West 100 feet to the place of beginning. BEING Lot No. 67 of Section F on the Plan of Lots known as Monroe Estates as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 23, Page 177. Tax Parcel #22-26-0227-028 TITLE TO SAID PREMISES IS VESTED IN Joseph J. Poeschl and Nancy L. Poeschl, his wife by Deed from John B. Lampi and Patricia A. Lampi, his wife, dated 8/29/1986 and recorded 8/29/1986 in Deed Book 32-D, Page 504.. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-641 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE MORGAN STANLEY ABS CAPITAL I, INC. TRUST 2004-SD3, Plaintiff (s) From JOSEPH J. POESCHL AND NANCY L. POESCHL (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $117,480.77 L.L. $.50 Interest FROM 3/10/07 TO 12/5/07 AT $19.31 PER DIEM - $5,233.01 Atty's Comm % Due Prothy $2.00 Atty Paid $141.16 Plaintiff Paid Other Costs Date: JUNE 22, 2007 (Seal) REQUESTING PARTY: Curt' R. Long, P onota By: Deputy Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 (j%A (4" il= Real Estate Sale # 46 On August 17, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as 1620 West Lisburn Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 17, 2007 By: \j J Real Estat Sergeant L S -' LVL;Z 20454- CPG -RD Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610 328-2887 Attorney I.D. # 52634 DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE FOR THE MORGAN STANLEY ABS CAPITAL I INC. : TRTTQT 70O,1_QTl2 Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY : No: 07-641 Civil Term Plaintiff VS. JOSEPH J. POESCHL AND NANCY L. POESCHL Defendants PRAECIPE TO VACATE JUDGMENT AND MARK CASE DISCONTINUED AND ENDED TO THE PROTHONOTARY: Kindly vacate the judgment in the above-referenced action and mark this action discontinued and ended without prejudice. Martha E. Vona Attorney for Plaintiff Dated: February 25, 2008 00 ra d . ,. f on 33 t . a m 0 C : c, - 4 7 -? c cta