HomeMy WebLinkAbout08-1865MILSTEAD & ASSOCIATES, LLC
BY: Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Deutsche Bank National Trust Company
as Trustee
4837 Watt Avenue, Suite 100
No. Highlands, CA 95660,
Plaintiff,
Vs.
Pamela J. Eshleman
327 Salt Road
Enola, PA 17025,
Defendant.
Attorney for Plaintiff
File: 55.08048
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: D$ - 18(05 owil lean
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.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT
1. This communication is from a debt collector. This is an attempt to collect a
debt and any information obtained will be used for that purpose.
2. Unless you dispute the validity of this debt, or any portion thereof, within
30 days after receipt of this notice, the debt will be assumed to be valid by our
offices.
3. If you notify our offices in writing within 30 days of receipt of this notice
that the debt, or any portion thereof, is disputed, our offices will provide you with
verification of the debt or copy of the Judgment against you, and a copy of such
verification or judgment will be mailed to you by our offices.
MILSTEAD & ASSOCIATES, LLC
BY:Heidi R. Spivak, Esquire
ID No. 74770
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Deutsche Bank National Trust Company
as Trustee
4837 Watt Avenue, Suite 100
No. Highlands, CA 95660,
Plaintiff,
Vs.
Pamela J. Eshleman
327 Salt Road
Enola, PA 17025,
Defendant.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No..
CIVIL ACTION
MORTGAGE FORECLOSURE
COMPLAINT IN MORTGAGE FORECLOSURE
1. Plaintiff, Deutsche Bank National Trust Company as Trustee (the "Plaintiff'), is a
Pennsylvania corporation registered to conduct business in the Commonwealth of Pennsylvania
and having an office and place of business at 4837 Watt Avenue, Suite 100, No. Highlands, CA
95660.
2. Defendant, Pamela J. Eshleman, (the "Defendant"), is an adult individual and is the
real owner of the premises hereinafter described.
3. Pamela J. Eshleman, Defendant, resides at 327 Salt Road, Enola, PA 17025.
4. On August 30, 2005, in consideration of a loan in the principal amount of $96,000.00,
the Defendant executed and delivered to Wilmington Finance, a division of AIG Federal Savings
Bank an adjustable rate note (the "Note") with interest thereon at 6.990 percent per annum,
payable as to the principal and interest in equal monthly installments of $638.05 commencing
October 1, 2005. The current interest rate is 9.75 percent per annum.
5. To secure the obligations under the Note, the Defendant executed and delivered to
Mortgage Electronic Registration Systems, Incorporated as nominee for Wilmington Finance, a
division of AIG Federal Savings Bank a mortgage (the "Mortgage") dated August 30, 2005,
recorded on August 31, 2005 in the Department of Records in and for the County of Cumberland
under Mortgage Book 1921, Page 0588. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is
incorporated herein by reference. Plaintiff is proper party plaintiff by way of an assignment to
be recorded.
6. The Mortgage secures the following real property (the "Mortgaged Premises"): 327
Salt Road, Enola, PA 17025. A legal description of the Mortgaged Premises is attached hereto
as Exhibit "A" and made a part hereof.
7. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage
because payments of principal and interest due November 1, 2007, and monthly thereafter are
due and have not been paid, whereby the whole balance of principal and all interest due thereon
have become due and payable forthwith together with late charges, escrow deficit (if any) and
costs of collection including title search fees and reasonable attorney's fees.
8. The following amounts are due on the Mortgage and Note:
Balance of Principal ..................................$90,544.66
Accrued but Unpaid Interest from
10/1/07 to 2/29/08
@ 9.990% per annum
($24.78 per diem)
3/1/08 to 3/20/08
@ 9.75% per annum
($24.19 per diem) ................ ........................$4,250.36
Accrued Late Charges ......... ...........................$232.85
Corporate Advance .............. ...........................$138.84
Title Search Fees ................. ...........................$350.00
Monies in Suspense ............. ..........................$772.56
Reasonable Attorney's Fees ........................$1,250.00
TOTAL as of 03/20/2008 .... ......................$95,994.15
Plus, the following amounts accrued after March 20, 2008:
Interest at the Rate of 9.75 per cent per annum ($24.19 per diem);
Late Charges of $39.41 per month.
9. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session
of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the
Defendant at 327 Salt Road, Enola, PA 17025 as well as to address of residences as listed in
paragraph 3 of this document on December 4, 2007, the notice pursuant to § 403-C of Act 91,
and the applicable time periods therein have expired.
WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for
foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8,
namely, $95,994.15, plus the following amounts accruing after March 20, 2008, to the date of
judgment: (a) interest of $24.19 per day, (b) late charges of $39.41 per month, (c) plus interest at
the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if
any) hereafter incurred, (e) and costs of suit.
MILSTE & ASSOCIATES, LLC
W&A
Heidi R. ivak, Esquire
Attorney or Plaintiff
VERIFICATION
I, Heidi R. Spivak, hereby certify that I am an Attorney for Plaintiff and am authorized to make
this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the
forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge,
information and belief. This verification is made subject to the penalties of 18 Pa. C. S. ' 4904,
relating to unsworn falsification to authorities.
qL-,Ok
Name: Heidi pivak, Esquire
Title: Attorney
Exhibit A - Legal Description
A
TRACT #1:
ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East
Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in the center of the Salt Road one hundred ninety-five
and thirty-five -one-hundredths (195.35) feet south of the center of the intersection of the
Salt Road and the state highway leading from Summerdale to Wertzville; thence along
the center of said Salt Road South forty-one degrees, forty-five minutes East (S 41'45' E)
fifty (50) feet to a point in the center of said Salt Rdad; thence along lands now or
formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48' 15'
W) one hundred fifty (150) feet to a stake; thence along lands now or formerly of John L.
Gutshall, North forty-one degrees, forty-five minutes West (N 41'45' W) fifty (50) feet to
a stake; thence along lands now or formerly of John L. Gutshall, North ferty-eight
degrees, fifteen minutes East (N 48' 15' E) one hundred fifty (150) feet to a point, the
place of BEGINNING, together with any and all improvements thereon.
TRACT #2:
ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East
Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as
follows, to wit:
BEGINNING at a point in the center line of State Highway No. 21074, also
known locally as the Salt Road, which point is a corner of land now or formerly of
Kathryn E. Stalter; thence along said land now or formerly of Kathryn E. Stalter, South
forty-eight degrees, fifteen minutes West (S 48'15' W), a distance of one hundred fifty
(150) feet to a point in line of land now or formerly of John L. Gutshall; thence along
said lazed now or formerly of the said John L. Gutshall, South forty-one degrees, forty-
five minutes East (S 41'45' E), a distance of ten (10) feet to a point in line of land now or.
formerly of Charles Kauffman; thence by land now or formerly of said Charles
Kauffman, North forty-eight degrees, fifteen minutes East (N 48' 15' E), a distance of one
hundred fifty (150) feet to a point in the center of said first mentioned public road; thence
along the center of said first mentioned public road, North forty-one degrees, fifteen
minutes West (N 41' 15' W) a distance of ten (10) feet to a point, the place of
BEGINNING, together with any and all irni rovements thereon.
BEING the same two tracts of land which Gary D. Stalter, Administrator C.T.A.
of the Estate of Kathryn E. Stalter granted and conveyed unto Todd Fulton and Michelle
Fulton, husband and wife, by deed dated March 28, 2002, and recorded on April 2, 2002,
in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in
Deed •$ook 251, Page 264.
HAVING thereon erected a residential dwelling known and numbered as 327 Salt
Road, Enola, Pennsylvania.
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` SHERIFF'S RETURN - NOT SERVED
CASE NO: 2008-01865 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
ESHLEMAN PAMELA J
R. Thomas Kline , Sheriff , who being duly sworn
according to law, says, that he made a diligent search and inquiry for
the within named DEFENDANT , to wit:
ESHLEMAN PAMELA J but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE
NOT SERVED , as to
the within named DEFENDANT , ESHLEMAN PAMELA J
327 SALT ROAD
ENOLA, PA 17025
DEFENDANT STATED THAT SHE IS IN BANKRUPTCY. HER ATTORNEY
IS MATT ESHELMAN 249-6900.
Sheriff's Costs: So answers: Docketing 18.00
Service 3 0 . 0 0 -?--?- _ - ?'"
Affidavit .00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
?!/a+?a& C?,, ? 58.00 MILSTEAD & ASSOCIATES
04/28/2008
Sworn and Subscribed to before me
this day of
A. D.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400 Attorney for Plaintiff
File No. 55.08048
Deutsche Bank National Trust Company as COURT OF COMMON PLEAS
Trustee, CUMBERLAND COUNTY
Plaintiff,
Vs. No.: 08-1865 Civil Term
Pamela J. Eshleman, Praecipe to Reinstate Complaint in
Mortgage Foreclosure
Defendant.
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter.
MILSTEAD & ASSOCIATES, LLC
-ol
ry L. Harbert-Bell, Esquire
Attorney ID No. 80763
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SHERIFF'S RETURN - REGULAR
CASE NO: 2008-01865 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
ESHLEMAN PAMELA J
WILLIAM CLINE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
T: QUT.PML'NT DLMRT,k .T the
DEFENDANT , at 0018:53 HOURS, on the 31st day of October , 2008
at 327 SALT ROAD
ENOLA, PA 17025
PAMELA J. ESHLEMAN
by handing to
DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 15.00
Affidavit . 00
Surcharge 10.00
fl?bn?b? ?L 00
43.00
Sworn and Subscibed to
before me this day
So Answers:
R . 'Thomas K ine
11/06/2008
MILSTEAD & ASSOCIATES
By:
Depu y eriff
of A. D.
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Deutsche Bank National Trust Company as
Trustee
4837 Watt Avenue, Suite 100
No. Highlands, CA 95660,
Plaintiff,
Vs.
Pamela J. Eshleman
327 Salt Road
Enola, PA 17025,
Defendant.
for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 08-1865 Civil Term
PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter Judgment, in rem, in favor of Plaintiff and against Pamela J. Eshleman, Defendant,
for failure to file an Answer on Plaintiff s Complaint within 20 days from service thereof and for
Foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows:
As set forth in Complaint $95,994.15
Interest 3/21/08 through 12/04/08 6,265.21
Late Charges 354.69
Additional Corporate Advance 1,762.50
TOTAL $104,376.55
I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above
ce wi Rule 237.1. copy attached.
and (2) that notice has been given in accordan
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
DAMAGES ARE HEREBY ASSESSED AS INDICATED
DATE: /aUOS? 8
(q'"h7)94
P THONO
{00304788}
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff Our file number: 55.08048
Deutsche Bank National Trust Company as COURT OF COMMON PLEAS
Trustee, CUMBERLAND COUNTY
Plaintiff, No.: 08-1865 Civil Term
Vs.
Pamela J. Eshleman,
Defendant.
TO: Pamela J. Eshleman
327 Salt Road,
Enola, PA 17025
DATE OF NOTICE: November 24, 2008
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT
PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance personally or by
attorney and file in writing with the court your defenses or objections to claims set forth against
you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered
against you without a hearing and you may lose your property or other important rights. You
should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the
office set forth below. This office can provide you with information about hiring a lawyer. If
you cannot afford to hire a lawyer, this office may be able to provide you with information about
agencies that may offer legal services to eligible persons at a reduced fee or no fee.
{00020971}
Page I of 2
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
717-249-3166
MILSTEAD & ASSOCIATES, LLC
14
y: Mary L. Harbert-Bell, Esquire
ID No. 80763
Attorney for Plaintiff
{00020971}
Page 2 of 2
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Deutsche Bank National Trust Company as
Trustee,
Plaintiff,
Vs.
Pamela J. Eshleman,
Defendant.
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 08-1865 Civil Term
VERIFICATION OF NON-MILITARY SERVICE
Mary L. Harbert-Bell, Esquire, hereby verifies that she is attorney for the Plaintiff in the
above-captioned matter, and that on information and belief, she has knowledge of the following
facts, to wit:
1. that the defendant is not in the Military or Naval Service of the United States or its
Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of
Congress of 1940, as amended,
2. defendant, Pamela J. Eshleman, is over 18 years of age and resides at 327 Salt Road,
Enola, PA 17025.
A
Mary L. Harbert-Bell, Esquire
{00304788}
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
Prothonotary
To: Pamela J. Eshleman
Deutsche Bank National Trust Company as
Trustee,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
Vs.
No.: 08-1865 Civil Term
Pamela J. Eshleman,
Defendant.
NOTICE PURSUANT TO RULE 236
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.
Prothonotary
MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
MARY L. HARBERT-BELL, ESQ. #80763
MILSTEAD & ASSOCIATES, LLC
856-482-1400
Notice Pursuant To Fair Debt Collection Practices Act
This is an attempt to collect a debt and any information obtained will be used for that purpose.
{00304788}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Deutsche Bank National Trust Company as
Trustee,
Plaintiff,
Vs.
CIVIL ACTION
NO.: 08-1865 Civil Term
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
Pamela J. Eshleman
Defendant.
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
1. Directed to the Sheriff of CUMBERLAND County;
2. Against the Defendant(s) in the above-captioned matter;
3. and index this writ against the Defendant(s) as follows:
Pamela J. Eshleman
Real Property involved: 327 Salt Road
Enola, PA 17025
Amount Due
Interest from 12/5/08 to 6/10/09
at $17.16 per diem (6%)
$104,376.55
TOTAL
(Costs to be added)
DATE: February 23, 2009
Respectively submitted,
& Associates, LLC
Milstead 4
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
{00326254}
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TRACT #1
ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of the Salt Road one hundred ninety-five and
thirty-five one-hundredths (195.35) feet south of the center of the intersection of the Salt
Road and the state highway leading from Summerdale to Wertzville; thence along the
center of said Salt Road South forty-one degrees, forty-five minutes East (S 41'45E)
fifty (50) feet to a point in the center of said Salt Road; thence along lands now or
formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48'15'
W) one hundred fifty (150) feet to a stake; thence along lands now or formerly of John L.
Gutshall, North forty-one degrees, forty-five minutes West (N 41'45' W) fifty (50) feet to
a stake; thence along lands now or formerly of John L. Gutshall, North forty-eight
degrees, fifteen minutes East (N 48'15' E) one hundred fifty (150) feet to a point, the
place of BEGINNING, together with any and all improvements thereon.
TRACT #2:
ALIL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center line of State Highway No. 21074, also known
locally as the Salt Road, which point is a comer of land now or formerly of Kathryn E.
Stalter; thence along said land now or formerly of Kathryn E. Stalter, South forty-eight
degrees, fifteen minutes West (S 48'15' W), a distance of one hundred fifty (150) feet to a
point in line of land now or formerly of John L. Gutshall; thence along said land now or
formerly of the said John L. Gutshall, South forty-one degrees, forty-five minutes East (S
41'45' E), a distance of ten (10) feet to a point in line of land now or formerly of Charles
Kauffman; thence by land now or formerly of said Charles Kauffman, North forty-eight
degrees, fifteen minutes East (N 48'15' E),
a distance of one hundred fifty (150) feet to a point in the center of said first mentioned
public road; thence along the center of said first mentioned public road, North forty-one
degrees, fifteen minutes West (N 41'15' W) a distance of ten (10) feet to a point, the place
of BEGINNING, together with any and all improvements thereon.
Being known as 327 Salt Road, Enola, PA 17025
Tax Parcel Number: 09-13-0999-018
1003262541
t
I
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Deutsche Bank National Trust Company as COURT OF COMMON PLEAS
Trustee, CUMBERLAND COUNTY
Plaintiff, No.: 08-1865 Civil Term
Vs.
AFFIDAVIT OF SERVICE
Pamela J. Eshleman, PURSUANT TO RULE 3129.1
Defendant.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Deutsche Bank National Trust Company as Trustee, Plaintiff in the above entitled
cause of action, sets forth as of the date the praecipe for writ of execution was filed the following
information concerning the real property located at 327 Salt Road, Enola, PA 17025:
1. Name and address of Owners(s) or Reputed Owner(s):
Pamela J. Eshleman
327 Salt Road
Enola, PA 17025
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None Known
4. Name and Address of the last recorded holder of every mortgage of record:
{00326254}
Deutsche Bank National Trust Company as
Trustee
(Plaintiff herein)
4837 Watt Avenue, Suite 100
No. Highlands, CA 95660
Home Equity of America, Inc.
1000 East 8& Place North Tower
Merrillville, IN 46410
5. Name and address of every other person who has any record lien on the property:
None Known
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:
None Known
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant
327 Salt Road
Enola, PA 17025
Department of Domestic Relations
Cumberland County Courthouse
13 N. Hanover Street
Carlisle, PA 17013
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
I verify that the statements made in the 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.
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
Date: February 23, 2009
f003262541
DO
1
MILSTEAD & ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Deutsche Bank National Trust Company as
Trustee,
Plaintiff,
Vs.
Pamela J. Eshleman,
Defendant.
TAKE NOTICE:
Attorney for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No.: 08-1865 Civil Term
NOTICE OF SHERRIF'S SALE OF
REAL PROPERTY PURSUANT
Your house (real estate) at 327 Salt Road, Enola, PA 17025, is scheduled to be sold at
sheriff s sale on June 10, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland
County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $104,376.55 obtained
by Deutsche Bank National Trust Company as Trustee.
NOTICE OF OWNER'S 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 Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may call 856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the Sale. (See notice on following page 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 Milstead & Associates at 856-482-1400.
{003262541
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400.
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
specified by the Sheriff not later than thirty days after the sale. This schedule will state who will
be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after.
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 YOU 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 Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
55.08048
{00326254}
TRACT #1
ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of the Salt Road one hundred ninety-five and
thirty-five one-hundredths (195.35) feet south of the center of the intersection of the Salt
Road and the state highway leading from Summerdale to Wertzville; thence along the
center of said Salt Road South forty-one degrees, forty-five minutes East (S 41'45' E)
fifty (50) feet to a point in the center of said Salt Road; thence along lands now or
formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48'15'
W) one hundred fifty (150) feet to a stake; thence along lands now or formerly of John L.
Gutshall, North forty-one degrees, forty-five minutes West (N 41'45' W) fifty (50) feet to
a stake; thence along lands now or formerly of John L. Gutshall, North forty-eight
degrees, fifteen minutes East (N 48'15' E) one hundred fifty (150) feet to a point, the
place of BEGINNING, together with any and all improvements thereon.
TRACT #2:
ALIL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center line of State Highway No. 21074, also known
locally as the Salt Road, which point is a comer of land now or formerly of Kathryn E.
Stalter; thence along said land now or formerly of Kathryn E. Stalter, South forty-eight
degrees, fifteen minutes West (S 48'15' W), a distance of one hundred fifty (150) feet to a
point in line of land now or formerly of John L. Gutshall; thence along said land now or
formerly of the said John L. Gutshall, South forty-one degrees, forty-five minutes East (S
41'45'E), a distance of ten (10) feet to a point in line of land now or formerly of Charles
Kauffman; thence by land now or formerly of said Charles Kauffman, North forty-eight
degrees, fifteen minutes East (N 48'15' E),
a distance of one hundred fifty (150) feet to a point in the center of said first mentioned
public road; thence along the center of said first mentioned public road, North forty-one
degrees, fifteen minutes West (N 41'15' W) a distance of ten (10) feet to a point, the place
of BEGINNING, together with any and all improvements thereon.
Being known as 327 Salt Road, Enola, PA 17025
Tax Parcel Number: 09-13-0999-018
{00326254}
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-1865 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 Plaintiff (s)
From PAMELA J. ESHLEMAN
(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$104,376.55
L.L.$.50
Interest FROM 12/05/08 TO 6/10/09 AT $17.16 PER DIEM
Atty's Comm % Due Prothy $2.00
Atty Paid $230.00
Plaintiff Paid
Other Costs To 6 c- o-d I LA
Date: February 25, 2009
(Seal)
,Xftis R. Long, P notary
By:
Deputy
REQUESTING PARTY:
Name MARY L. HARBERT-BELL, ESQUIRE
Address: 220 LAKE DRIVE EAST, SUITE 301, CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856- 482-1400
Supreme Court ID No. 80763
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2008-1865 Civil Term
Deutsche Bank National Trust Company, as Trustee
Vs
Pamela J. Eshleman
Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that
on March 9, 2009 at 1859 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:
Pamela J. Eshleman by making known unto Pamela J. Eshleman, personally, at, 327 Salt
Road, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to
her personally the said true and correct copy of the same.
Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that
on April 4, 2009 at 1044 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 Pamela J.
Eshleman, located at, 327 Salt Road, Enola, Cumberland County Pennsylvania, according to
law.
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: Pamela
J. Eshleman, by regular mail to her last known address of 327 Salt Road, Enola, PA 17025.
This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs
Office
Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
STAYED.
Sheriff's Costs
Docketing 30.00
Poundage 297.54
Posting Bills 30.00
Advertising 30.00
Law Library .50
Prothonotary 2.00
Mileage 27.00
Levy 30.00
Surcharge 20.00
i ?
Share of bills
So Answers
R. Thomas Kline, Sheriff
By
3K?
Real Estate Coordinator
15.43
482.47 141 of/o f ?.
G? C
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d?59y5
1
MILSTEAD &ASSOCIATES, LLC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Deutsche Bank National Trust Company as
Trustee,
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff,
Vs.
Pamela J. Eshleman,
Defendant.
STATE OF PENNSYLVANIA
COUNTY OF CUMBERLAND
No.: 08-1865 Civil Term
AFFIDAVIT OF SERVICE
PURSUANT TO RULE 3129.1
Deutsche Bank National Trust Company as Trustee, Plaintiff in the above entitled
cause of action, sets forth as of the date the praecipe for writ of execution was filed the following
information concerning the real property located at 327 Salt Road, Enola, PA 17025:
1. Name and address of Owners(s) or Reputed Owner(s):
Pamela J. Eshleman
327 Salt Road
Enola, PA 17025
2. Name and address of Defendant(s) in the Judgment:
Same as above
3. Name and address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
None Known
4. Name and Address of the last recorded holder of every mortgage of record:
{00326254}
Deutsche Bank National Trust Company as
Trustee
(Plaintiff herein)
4837 Watt Avenue, Suite 100
No. Highlands, CA 95660
Home Equity of America, Inc.
1000 East 80'' Place North Tower
Merrillville, IN 46410
5. Name and address of every other person who has any record lien on the property:
None Known
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:
None Known
7. Name and address of every person of whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant/Occupant
327 Salt Road
Enola, PA 17025
Commonwealth of Pennsylvania
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
Department of Domestic Relations
Cumberland County Courthouse
13 N. Hanover Street
Carlisle, PA 17013
I verify that the statements made in the 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.
Mary L. Harbert-Bell, Esquire
Attorney for Plaintiff
Date: February 23, 2009
{00326254)
MILSTEAD & ASSOCIATES, L• LC
BY: Mary L. Harbert-Bell, Esquire
ID No. 80763
220 Lake Drive East, Suite 301
Cherry Hill, NJ 08002
(856) 482-1400
Attorney for Plaintiff
Deutsche Bank National Trust Company as COURT OF COMMON PLEAS
Trustee, CUMBERLAND COUNTY
Plaintiff, No.: 08-1865 Civil Term
Vs.
NOTICE OF SHERRIF'S SALE OF
Pamela J. Eshleman, REAL PROPERTY PURSUANT
Defendant. TO PA.R.C.P.3129
TAKE NOTICE:
Your house (real estate) at 327 Salt Road, Enola, PA 17025, is scheduled to be sold at
sheriff's sale on June 10, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland
County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $104,376.55 obtained
by Deutsche Bank National Trust Company as Trustee.
NOTICE OF OWNER'S 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 Milstead & Associates LLC, Attorney for
Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how
much you must pay, you may call 856-482-1400.
2. You may be able to stop the Sale by filing a petition asking the court to strike or open
the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone
the Sale for good cause.
3. You may also be able to stop the Sale through other legal proceedings. You may need
an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the Sale. (See notice on following page 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 Milstead & Associates at 856-482-1400.
{00326254)
2. You may be able to petition the Court to set aside the Sale if the bid price was grossly
inadequate compared to the market value of your property.
3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the
Sale. To find out if this has happened you may call N ilstead and Associates at 856-482-1400.
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
specified by the Sheriff not later than thirty days after the sale. This schedule will state who will
be receiving that money. The money will be paid out in accordance with this schedule unless
exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten
(10) days after.
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 YOU 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 Association
32 S. Bedford Street
Carlisle, PA 17013
717-249-3166
55.08048
{00326254}
TRACT #1
ALL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center of the Salt Road one hundred ninety-five and
thirty-five one-hundredths (195.35) feet south of the center of the intersection of the Salt
Road and the state highway leading from Summerdale to Wertzville; thence along the
center of said Salt Road South forty-one degrees, forty-five minutes East (S 41'45' E)
fifty (50) feet to a point in the center of said Salt Road; thence along lands now or
formerly of Kathryn E. Stalter, South forty-eight degrees, fifteen minutes West (S 48'15'
W) one hundred fifty (150) feet to a stake; thence along lands now or formerly of John L.
Gutshall, North forty-one degrees, forty-five minutes West (N 41'45' W) fifty (50) feet to
a stake; thence along lands now or formerly of John L. Gutshall, North forty-eight
degrees, fifteen minutes East (N 48'15' E) one hundred fifty (150) feet to a point, the
place of BEGINNING, together with any and all improvements thereon.
TRACT #2:
ALIL THAT CERTAIN piece, parcel, lot or tract of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center line of State Highway No. 21074, also known
locally as the Salt Road, which point is a comer of land now or formerly of Kathryn E.
Stalter; thence along said land now or formerly of Kathryn E. Stalter, South forty-eight
degrees, fifteen minutes West (S 48'15' W), a distance of one hundred fifty (150) feet to a
point in line of land now or formerly of John L. Gutshall; thence along said land now or
formerly of the said John L. Gutshall, South forty-one degrees, forty-five minutes East (S
41'45'E), a distance of ten (10) feet to a point in line of land now or formerly of Charles
Kauffinan; thence by land now or formerly of said Charles Kauffman, North forty-eight
degrees, fifteen minutes East (N 48'l 5' E),
a distance of one hundred fifty (150) feet to a point in the center of said first mentioned
public road; thence along the center of said first mentioned public road, North forty-one
degrees, fifteen minutes West (N 41'15' W) a distance of ten (10) feet to a point, the place
of BEGINNING, together with any and all improvements thereon.
Being known as 327 Salt Road, Enola, PA 17025
Tax Parcel Number: 09-13-0999-018
{00326254)
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF..CUMBERLAND)
N008-1865 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 Plaintiff (s)
From PAMELA J. ESHLEMAN
(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$104,376.55
L.L.$.50
Interest FROM 12/05/08 TO 6/10/09 AT $17.16 PER DIEM
Atty's Comm % Due Prothy $2.00
Atty Paid $230.00
Plaintiff Paid
Date: February 25, 2009
(Seal)
REQUESTING PARTY:
Deputy
Name MARY L. HARBERT-BELL, ESQUIRE
Address: 220 LAKE DRIVE EAST, SUITE 301, CHERRY HILL, NJ 08002
Attorney for: PLAINTIFF
Telephone: 856- 482-1400
Other Costs To 6 c j-&A
d"4q4
C s R. Long, notaryBy:
Supreme Court ID No. 80763
Real Estate Sale # 69
On February 27, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
East Pennsboro Township, Cumberland County, PA
Known and numbered as 327 Salt Road, Enola,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: February 27, 2009
I?Y: ??v-?,
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