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HomeMy WebLinkAbout08-3178MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 4824400 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Dawn M. Shughart 1156 Walnut Bottom Road, Suite 2 Carlisle, PA 17015, Defendant. Attorney for Plaintiff File: 55.08554 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08- 31,78 0tv%tTir p 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, 13A 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:Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Dawn M. Shughart 1156 Walnut Bottom Road, Suite 2 Carlisle, PA 17015, Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0 e - 2 17 P ce c?.r' CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 (the "Plaintiff'), is a 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, Dawn M. Shughart, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Dawn M. Shughart, Defendant, resides at 1156 Walnut Bottom Road, Suite 2, Carlisle, PA 17015. 4. On July 15, 2005, in consideration of a loan in the principal amount of $115,200.00, the Defendant executed and delivered to WMC Mortgage Corporation an adjustable rate note (the "Note") with interest thereon at 5.875 percent per annum, payable as to the principal and interest in equal monthly installments of $681.45 commencing September 1, 2005. 5. To secure the obligations under the Note, the Defendant executed and delivered to Mortgage Electronic Registration Systems, Incorporated as nominee ]-or WMC Mortgage Corporation a mortgage (the "Mortgage") dated July 15, 2005, recorded on July 19, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1915, Page 0330. 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"): 2560 Walnut Bottom Road, Carlisle, PA 17013. 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 January 1, 2008, 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 ................................ $111,503.98 Accrued but Unpaid Interest from 12/1/07 to 5/16/08 @ 5.875% per annum ($17.95 per diem) .................................... ....$3,015.60 Accrued Late Charges ............................. .......$136.28 Corporate Advance .................................. .......$138.14 Title Search Fees ..................................... .......$350.00 Insufficient Funds Charges ...............................$25.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 05/16/2008 ........................$116,419.00 Plus, the following amounts accrued after May 16, 2008: Interest at the Rate of 5.875 per cent per annum ($17.9.5 per diem); Late Charges of $34.07 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 2560 Walnut Bottom Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on March 5, 2008, 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, $116,419.00, plus the following amounts accruing after May 16, 2008, to the date of judgment: (a) interest of $17.95 per day, (b) late charges of $34.07 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. MILSTEAD & ASSOCIATES, LLC Mary L. Harbert-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, 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. l Name: M ry L. Harbert-Bell, Esquire Title: Attorney ?. Fkti?elTq ALL that c slam lot of gwmW sitoane is Pain Tawmbip, Oumbcrlaod County, Paansylvams, baamded mad desmW as Now BEGROGM at a point in the vrarter of Pcros*mda State Highway Roate No. 33 kadbW fmm Carlisle to ShVpamburg, which point is a comer of hard belasngiag to Harry VAdmier; a mot in a South'w"ydi wdmaloagbmdoftlooddEkw Whistim. admbmaeofTwoHmdrad (200) hd io a point (bm Pin)i *am in as Ea bnmSy direction Mang ismd of the Giaatara herein, a diatanoe of Ow Huudted 000) feet to m Pt Gmn pia); dmw in a Neanhwardty direcdon alamg AM land of the said ttCantora heteia, a drMom Two Hundred (W) fat to a point is to cemw of said Sure Mghw w Rmft No. 33; dm= is a Westwardly dhadon along the Darin of acid State WWrway Rome No. 33, a diAm= of0w 1#Wrdred (100) feat to a point, the Pbm of BEGIIdt+fll+AQ BFMthe same pr+ear m which LoydA. Dove and Lola M. Dove, husband aed wik by&=Dodd. dated May 3,1962 and r orded is Combo w d County, Peetaylvanla Deed Bo* U. Volume 2D. Page 775, gtaatad and conveyed unto WE= P. Dave, fronton bmix 1 in C`i! IN 1915PG0348 SHERIFF'S RETURN - NOT SERVED CASE NO: 2008-03178 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M R. Thomas Kline , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SHUGHART DAWN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , SHUGHART DAWN M 2560 WALNUT BOTTOM ROAD CARLISLE, PA 17013 PER OFFICE MANAGER AT 1156, DAWN IS NOT AT 2560 WALNUT BOTTOM ROAD CARLISLE. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 SP-Vo F - . 0 0 16.00 So answer R. Thomas Kline Sheriff of Cumberland County MILSTEAD & ASSOCIATES 05/27/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03178 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M 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 SHUGHART DAWN M the DEFENDANT at 1243:00 HOURS, on the 23rd day of May , 2008 at 1156 WALNUT BOTTOM ROAD SUITE 2 CARLISLE, PA 17015 by handing to HEATHER NEIDLINGER, OFFICE MANAGER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 ( ?I ?Vo2 .00 ? 33.00 Sworn and Subscibed to before me this day of So Answers: £r... i r R. Thomas Kline 05/27/2008 MILSTEAD & ASSO ATES By: Deputy Sheriff 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. 55.08554 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement CUMBERLAND COUNTY dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC 1, Plaintiff, Vs. Dawn M. Shughart, Defendant. No.: 08-3178 Civil Term Praecipe to Reinstate Complaint in Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC nMj&.::: ary L. Harbert-Bell, Esquire Attorney ID No. 80763 C3 V-2- 41. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03178 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT CUTT=ADT MATATTT M but was unable to locate Her COMPLAINT - MORT FORE in his bailiwick. He therefore returns the the within named DEFENDANT 920 HAMILTON STREET SHUGHART DAWN M NOT FOUND , as to CARLISLE, PA 17013 920 HAMILTON STREET IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge 18.00 So answers: ---' .,- e- 5.00 ?? 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 38.00 MILSTEAD & ASSOCIATES 07/31/2008 Sworn and Subscribed to before me this day of A. D. 91 , CASE NO: 2008-03178 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M STEVE BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHUGHART DAWN M was served upon the DEFENDANT , at 2045:00 HOURS, on the 30th day of July 2008 at 713 COLONIAL COURT MECHANCISBURG, PA 17050 by handing to DAWN SHUGHART 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 y/eSIDF ?., 6.00 9.00 .00 10.00 .00 p/ 25.00 Sworn and Subscibed to before me this day So Answers: k R. Thomas Kline 07/31/2008 MILSTEAD & ASSOCIATES By. '5? Deputy Sheriff of A. D. "A? 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 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset Backed Certificate Series 2005- WMC1 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Dawn M. Shughart 1156 Walnut Bottom Road, Suite 2 Carlisle, PA 17015, Defendant. No.: bg - 3(e7g Civi (-7 rrrk CIVIL ACTION MORTGAGE FORECLOSURE c r ' tp 307 Jam' -'U Za ? w hammy WNW", I we wo w my mm Via-, File: 55.08554 b ON PLEAS CUMBERLAND COUNTY iC011 tw# 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 - - c a m or re eUreq- uasftdlTth"Wntiff: Youinay--lose--money-or Mperty-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 ,?rx?e?** «,?x?x?t*r?,r*stie?e?e,?e+ttr*?xka?*? 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 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:Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement Mortgage Loan Trust Mortgage Loan Asset Backed Certificate Series 2005- WMCI 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Dawn M. Shughart 1156 Walnut Bottom Road, Suite 2 Carlisle, PA 17015, Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff; U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC 1 (the "Plaintiff), is a 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, Dawn M. Shughart, (the "Defendant"}, is an adult individual and is the real owner of the premises hereinafter described. 3. Dawn M. Shughart, Defendant, resides at 1156 Walnut Bottom Road, Suite 2, Carlisle, PA 17015. 4. On July 15, 2005, in consideration of a loan in the principal amount of $115,200.00, the Defendant executed and delivered to WMC Mortgage Corporation an adjustable rate note (the "Note") with interest thereon at 5.875 percent per annum, payable as to the principal and interest in equal monthly installments of $681.45 commencing September 1, 2005. 5. To secure the obligations under the Note, the Defendant executed and delivered to Mortgage Electronic Registration Systems, Incorporated as nominee for WMC Mortgage Corporation a mortgage (the "Mortgage") dated July 15, 2005, recorded on July 19, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1915, Page 0330. Pursuant to Pa.RC.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"): 2560 Walnut Bottom Road, Carlisle, PA 17013. 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 January 1, 2008, 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 ................................$111,503.98 Accrued but Unpaid Interest from 12/1/07 to 5/16/08 @ 5.875% per annum ($17.95 per diem) .............................. ..........$3,015.60 Accrued Late Charges ....................... .............$136.28 Corporate Advance ............................ .............$138.14 Title Search Fees ............................... .............$350.00 Insufficient Funds Charges ...............................$25.00 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 05/16/2008 ........................$116,419.00 Plus, the following amounts accrued after May 16, 2008: Interest at the Rate of 5.875 per cent per annum ($17.95 per diem); -- -Lake-Charges-of.$34.07_penmonth_ ---- -- 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 2560 Walnut Bottom Road, Carlisle, PA 17013 as well as to address of residences as listed in paragraph 3 of this document on March 5, 2008, 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, $116,419.00, plus the following amounts accruing after May 16, 2008, to the date of judgment: (a) interest of $17.95 per day, (b) late charges of $34.07 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. M1LS,,TTEA//D//??& ASSOCIATES, LLC ??!'-l?--`?b? Mary L. Harbert?-Bell, Esquire Attorney for Plaintiff VERIFICATION I, Mary L. Harbert-Bell, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiffs 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, _informatism_ancl belief This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unworn falsification to authorities. Name: L. Harbert-Bell, Esquire Title: Attorney r Qt 1915PG0348 ik._?:, _. FkNiglT InC J • A u hi i jA I 3 J 406 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 U.S. Bank National Association as Trustee ; COURT OF COMMON PLEAS under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1 CUMBERLAND COUNTY 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660, Plaintiff, Vs. Dawn M. Shughart 713 Colonial Court Mechanicsburg, PA 17050, Defendant. No.: 08-3178 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 Dawn M. Shughart, 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 Plaintiff's damages as follows: As set forth in Complaint $116,419.00 Interest 5/17/08 through 09/03/08 1,974.50 Late Charges 136.28 Additional Corporate Advance 456.50 Additional Escrow Advance 0.00 TOTAL $118,986.28 I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. _zllll-? Mary L. Harbert-Bell, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED Q DATE: Di a? Uaei LC. fmq I If W (j OTHONOTARY &CA 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 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC19 Plaintiff, Vs. Dawn M. Shughart, Our file number: 55.08554 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term Defendant. TO: Dawn M. Shughart 713 Colonial Court, Mechanicsburg, PA 17050 DATE OF NOTICE: August 20, 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. tooo2o971) Page I of 2 CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC Zm't /1 By: 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 Attorney for Plaintiff U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC19 Plaintiff, Vs. Dawn M. Shughart, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 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, Dawn M. Shughart, is over 18 years of age and resides at 713 Colonial Court, Mechanicsburg, PA 17050. zn Z/, Mary L. Harbert-Bell, Esquire I,- rv _77 Y t!7 i=s OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Dawn M. Shughart U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset- Backed Certificate Series 2005-WMC1, Plaintiff, CIVIL ACTION NO.: 08-3178 Civil Term PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) Vs. Dawn M. Shughart 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: Dawn M. Shughart Real Property involved: 2560 Walnut Bottom Road Carlisle, PA 17013 Amount Due Interest from 9/4/08 to 3/4/09 at $19.56 per diem (6%) $118,986.28 TOTAL (Costs to be added) DATE: October 23, 2008 Respectively submitted, Milste & Associates, LLC Mary L. arbert-Bell, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 {00292887) O ?, oLng AMSTEAD & 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 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement dated CUMBERLAND COUNTY as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed ? No.: 08-3178 Civil Term Certificate Series 2005-WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate .Series 2005-WMC1, 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 2560 Walnut Bottom Road, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Dawn M. Shughart 713 Colonial Court Mechanicsburg, PA 17050 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: Orrstown Bank Cedar-Stonehedge LLC 427 Village Drive c/o Sherill T. Moyer, Esq. & Kenneth J. Rollins, Carlisle, PA 17015 Esq. 1 South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 4. Name and Address of the last recorded holder of every mortgage of record: 100292887} I'S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 (Plaintiff herein) 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660 MERS, Inc. acting solely as nominee for WMC Mortgage Corp. P.O. Box 54089 Los Angeles, CA 90054-0089 MERS, Inc. acting solely as nominee for WMC Mortgage Corp. 3300 SW 34 h Avenue, Ste. 101 Ocala, FL 34474 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: Gary Hoover 6254 Stirrup Court Harrisburg, PA 17111 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 2560 Walnut Bottom Road Carlisle, PA 17013 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 M penalties of 18 Pa. C.S. Section 4904 relating to unworn falsifica;ary n to kuthorities. L. Harbert -Bell, Esquire Attorney for Plaintiff Date: October 23, 2008 {00292887) r-? P -ca ?4 ?3 ? ?4T?; -t5 ?? , ?; ?# ? ? ? , {? 4 r ?? " ...-, ` 7 ?.. - D 3 ..: `? ,?' MIILSfEAD & 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 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement ? CUMBERLAND COUNTY dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan No.: 08-3178 Civil Term Asset-Backed Certificate Series 2005- WMC1, NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT Plaintiff, TO PA.R.C.P.3129 Vs. Dawn M. Shughart, Defendant. TAKE NOTICE: Your house (real estate) at 2560 Walnut Bottom Road, Carlisle, PA 17013, is scheduled to be sold at sheriff's sale on March 4, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $118,986.28 obtained by U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC I. 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). {00292887} YOUAM AY 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. 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 856482-1400. 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 55.08554 (002928871 & . -1 AIL d* ROWA 1I of MM&OMW it P4M UWAAh CwAaftd Cry, l hadd cud d?ibOd ? ?E owe s t.in ft n*w dPftc*hvdA effqbM )0-33 kda *M wMA POILMS a OMWOthAbdOqftIDMMV*ft 6mmin j o f aap i?t?rt? t glt?dC i s r, adiompt of &6 maw hd X11 *ft 1 ' tAM bzaNm*m* tam platWd01 UMid hmik a diftm Two M=W pq Ad to it t in u cum of 40 SM AM No. 33'a o 't] mod t+ l > e Being known as 2560 Walnut Bottom Road, Carlisle, PA 17013 Tag Parcel Number: 31-11-0296-020 {00292887} WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3178 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION As Trustee under POOLING AND SERVICING AGREEMENT DATED AS OF 9/01/05 WACHOVIA MORTGAGE LOAN TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATE SERIES 2005-WMC1, Plaintiff (s) From DAWN M. SHUGHART (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 $118,986.28 L.L. Interest from 9/04/08 to 3/04/09 at $19.56 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $241.00 P1?44T Paid `: . Date: 10/27t08 (Seal) REQUESTING PARTY: Name.- MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856482-1400 Supreme Court ID No. 80763 Other Costs to be added )r?o _IV onotary By: Deputy 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: 55.08554 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term MOTION FOR POSTPONEMENT OF SHERIFF'S SALE WITHOUT NEW NOTICE PURSUANT TO PA R.C.P. NO. 3129.3 COMES NOW, Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, by its attorney, Mary L. Harbert-Bell, Esquire, and moves this Honorable Court to issue a Special Order of Court for postponement of Sheriff's Sale without new notice pursuant to PA R.C.P. No. 3129.3 and in support thereof states the following: I. PARTIES 1. Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 (the "Plaintiff'), is a 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, Dawn M. Shughart, (the "Defendant"), is an adult individual and is the real owner of the real property hereinafter described. H. BACKGROUND 3. On July 15, 2005, in consideration of a loan in the principal amount of $115,200.00, the Defendant executed and delivered to U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 a note (the "Note") with interest thereon at 5.875 per annum, payable as to the principal and interest in equal monthly installments of $681.45. To secure the obligations under the Note, the Defendant executed and delivered to U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 a mortgage (the "Mortgage") dated July 15, 2005, recorded on July 19, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1915, Page 0330. 4. On account of a default under the Note and Mortgage, Plaintiff initiated this mortgage foreclosure action by way of complaint in mortgage foreclosure filed on May 19, 2008. 5. Pursuant to the mortgage foreclosure action, Plaintiff caused a writ of execution to be issued upon the real property commonly known as 2560 Walnut Bottom Road, Carlisle, PA 17013 (the "Property") with the Property to Sheriff on March 4, 2009. 6. The March 4, 2009 sale was postponed to May 6, 2009 because service of the Notice of Sheriff s Sale was not effectuated on the Defendant. 7. The May 6, 2009 sale was postponed to July 1, 2009 because service of the Notice of Sheriff s Sale was not effectuated on the Defendant. 8. An announcement regarding the postponement was made to the assembled bidders at each sale. 9. Despite numerous efforts to locate and contact the Defendant, Plaintiff has been unable to do so. Therefore, a statement of concurrence or non-concurrence regarding the instant motion, pursuant to the local court rules, was not able to be ascertained. 10. No prior Judge has been assigned to the instant action. M. RELIEF REQUESTED 11. Plaintiff hereby restates and re-alleges each of the preceding paragraphs as though the same were set forth at length herein. 12. A two month postponement will allow time for the Plaintiff to present a Motion for Alternate Service pursuant to Pa.RC.P. 430 in order to effectuate service upon the Defendant. 13. Pursuant to PA. R.C.P. 3129.3 Plaintiff may continue, postpone or adjourn a Sheriffs Sale without further notice upon Special Order if this Honorable Court. 14. The postponement does not prejudice the Defendant. WHEREFORE, it is respectfully requested that this Honorable Court grant a Order of Court postponing the Sheriff s Sale Scheduled for July 1, 2009 to the regularly scheduled Cumberland County Sheriff s Sale scheduled for September 2, 2009 without further notice to the defendants and lien holders and no further advertising. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC By: Mary L. Harb -Bell, Esquire ID No. 80763 Attorney for Plain?i Nathan o , Esquire ID No 73 Loc el for Attorney for Plaintiff : r A f)-0 r F (iF h't aJ, F THE JUL of 2009 Anti 8: 33s GUIVIL-, U.S. Bank National Association : IN THE COURT OF COMMON PLEAS OF Trustee under Pooling and : CUMBERLAND COUNTY, PENNSYLVANIA Servicing Agreement dated as Of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset Backed Certificate Series 2005-WMC1, Plaintiff : NO. 08-3178 Civil Term VS. Civil Division DAWN M. SHUGHART, Praecipe for Writ of Execution Defendant (Mortgage Foreclosure) ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with Milstead & Associates, for the limited purpose of representing the Plaintiff to present a Petition for Postponement of Sheriff's Sale and order. 112 Date: July 1, 2009 Wolf ra e Court I.D. 87380 est High Street Carlisle, PA 17013 (717) 241-4436 CC: Mary L. Harbert-Bell, Esquire Dawn M. Shughart, Defendant Oir THr r'b.? 71 T ? j 4r JUL of 2009 JORM u1-' 8: ?;a VIVRE '. l' v'rY F"?T'???'• ??i ?vrai l?W JUL 01-2009&7 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 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. Our file number: 55.08554 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term SPECIAL ORDER PURSUANT TO PA R.C.P. 3129.3 AND NOW, on this Is,( day of Tv k y , 2009, upon consideration of Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, for a Motion for Special Order postponing Sheriff s Sale scheduled for July 1, 2009 without new notice, it is hereby ORDERED and DECREED that Plaintiff s Special Motion for continuance of Sheriff s Sale without new notice is granted, and said Sheriffs Sale of the real property commonly known as 2560 Walnut Bottom Road, Carlisle, PA 17013 is rescheduled for September 2, 2009. No further notice to the Defendant and lien holders and no further advertising is required. f ? BY THE COURT J. Distribution: Milstead and Associates, 220 Lake Drive East, Suite 301, Cherry Hill, NJ 08002 Nathan C. Wolf, Esquire, 10 W. High Street, Carlisle, PA 17013 Dawn M. Shughart, 2560 Walnut Bottom Road, Carlisle, PA 17013 713 Colonial Court, Mechanicsburg, PA 17050 1156 Walnut Bottom Road, Carlisle, PA 17015 620 Petersburg Road, Carlisle, PA 17015-9277 979 Tonia Court, Eldersburg, MD 21784 979 Tonia Court #D, Eldersburg, MD 21784 5601 College Street, Apt. 304, Key West, FL 33040 Sheriff's Office of Cumberland County bi ?? ?ol? ?es'•F10`? del Sk9 q of oq OF THE 2009 JUL - I A NI c. J i itJ 4 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 Our file number: 55.08554 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF MOTION TO POSTPONE SHERIFF'S SALE Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC 1 , files this Motion to Postpone Sheriff's Sale (the "Motion") in accordance with PA R.C.P. 3129.3, which provides for the postponement of a Sheriffs Sale without new notice and service thereof pursuant to PA R.C.P. 3129.2. PARTIES Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 (the "Plaintiff'), is a 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. Defendant, Dawn M. Shughart, (the "Defendant"), is an adult individual and is the real owner of the real property hereinafter described. BACKGROUND On July 15, 2005, in consideration of a loan in the principal amount of $115,200.00, the Defendant executed and delivered to U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 a note (the "Note") with interest thereon at 5.875 per annum, payable as to the principal and interest in equal monthly installments of $681.45. To secure the obligations under the Note, the Defendant executed and delivered to U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC 1 a mortgage (the "Mortgage") dated July 15, 2005, recorded on July 19, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1915, Page 0330. On account of a default under the Note and Mortgage, Plaintiff initiated this mortgage foreclosure action by way of complaint in mortgage foreclosure filed on May 19, 2008. Pursuant to the mortgage foreclosure action, Plaintiff caused a writ of execution to be issued and the real property commonly known as 2560 Walnut Bottom Road, Carlisle, PA 17013 (the "Property") to be scheduled for sale by the Cumberland County Sheriff on March 4, 2009. i The March 4, 2009 sale was postponed to May 6, 2009 because service of the Notice of Sheriff s Sale was not effectuated on the Defendant. The May 6, 2009 sale was postponed to July 1, 2009 because service of the Notice of Sheriff s Sale was not effectuated on the Defendant. An announcement regarding the postponement was made to the assembled bidders at each sale. Despite numerous efforts to locate and contact the Defendant, Plaintiff has been unable to do so. Therefore, a statement of concurrence or non-concurrence regarding the instant motion, pursuant to the local court rules, was not able to be ascertained. No prior Judge has been assigned to the instant action. RELIEF REQUESTED A two month postponement will allow time for the Plaintiff to present a Motion for Alternate Service pursuant to Pa.R.C.P. 430 in order to effectuate service upon the Defendant. Pursuant to PA. R.C.P. 3129.3 Plaintiff may continue, postpone or adjourn a Sheriff's Sale without further notice upon Special Order if this Honorable Court. The postponement does not prejudice the Defendant. CONCLUSION WHEREFORE, it is respectfully requested that this Honorable Court grant a Special Order of Court postponing the Sheriff's Sale Scheduled for July 1, 2009 to the regularly scheduled Cumberland County Sheriff's Sale scheduled for September 2, 2009 without further notice to the defendants and lien holders and no further advertising. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney foryintiff Nat06i C- f, Esquire Counsel for Attorney for Plaintiff 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 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. Our file number: 55.08554 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term CERTIFICATE OF SERVICE I, Mary L. Harbert-Bell, Esquire, counsel for Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, hereby certify that a copy of the foregoing Motion to Postpone Sheriff's Sale was served on the following person by first class mail, postage prepaid, on the June 30, 2009: Dawn M. Shughart 1156 Walnut Bottom Road Ste. 2, Carlisle, PA 17015 Dawn M. Shughart 620 Petersburg Road, Carlisle, PA 17015-9277 Dawn M. Shughart, 2560 Walnut Bottom Road, Carlisle, PA 17013 Dawn M. Shughart 979 Tonia Court Eldersburg, MD 21784 Dawn M. Shughart 713 Colonial Court, Mechanicsburg, PA 17050 Dawn M. Shughart 979 Tonia Court #D, Eldersburg, MD 21784 MILSTEAD & ASSOCIATES, LLC By: Mary L. arbe Bell, Esquire ID No. 80763 Attorney for Pla4iff Nathan C. , Esquire ID No 0 Local Counsel for Attorney for Plaintiff 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 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC 1, Plaintiff, Vs. Dawn M. Shughart, Defendant. Our file number: 55.08554 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term MOTION FOR ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 TO THE HONORABLE JUDGE OF SAID COURT: AND NOW, comes plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, by its attorney Mary L. Harbert- Bell, Esquire and moves this Honorable Court for an Order permitting Alternative Service upon Dawn M. Shughart (the "Defendant"), by posting and tacking a copy of the Notice of Sheriff's Sale upon the property known as 2560 Walnut Bottom Road, Carlisle, PA 17013 and by certified and regular mail to the Defendant's last known addresses pursuant to Pennsylvania Rule of Civil Procedure 430 and avers in support thereof: May 19, 2008. Plaintiff filed suit against the Defendant in Mortgage Foreclosure on or about {00358282} 2. Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC 1, ("Plaintiff') is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. 4. Plaintiff has made several attempts to effectuate service of the Notice of Sheriff's Sale upon the Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). Personal service was attempted on the Defendant at 2560 Walnut Bottom Road, Carlisle, PA 17013. The Sheriff's Return of Service indicates that "Not at address". Personal service was attempted on the Defendant at 1156 Walnut Bottom Road, Carlisle, PA 17015. The Server's Return of Service indicates that "Moved". Personal service was attempted on the Defendant at 620 Petersburg Road, Carlisle, PA 17015-9277. The Server's Return of Service indicates that "Does not reside". Personal service was attempted on the Defendant at 713 Colonial Court, Mechanicsburg, PA 17050. The Server's Return of Service indicates that "Vacant". Personal service was attempted on the Defendant at 920 Hamilton Street, Carlisle, PA 17013. The Sheriff's Return of Service indicates that "Vacant". Personal service was attempted on the Defendant at 979 Tonia Court, Eldersburg, MD 21784. The Server's Return of Service indicates that "Unknown". Copies of the returns are attached to the Affidavit and made a part hereof as Exhibit "A". Service was also attempted upon the Defendant by certified mail, return receipt requested at 713 Colonial Court, Mechanicsburg, PA 17050. The mail was returned marked "moved" A copy of the returned mail is attached to the Affidavit and made a part hereof as Exhibit "B". 1003582821 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "C" and made a part hereof. Said investigation provides no new address information for the Defendant. 6. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order permitting service upon said Defendant, by posting and tacking a copy of the Notice of Sheriff's Sale on the property known as 2560 Walnut Bottom Road, Carlisle, PA 17013 and by certified and regular mail, return receipt requested to the Defendant last known address. Respectfully submitted, MILSTEAD & ASSOCIATES, LLC B : Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff {00358282} 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: 55.08554 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement CUMBERLAND COUNTY dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset- No.: 08-3178 Civil Term Backed Certificate Series 2005-WMC1, Plaintiff, ' Vs. Dawn M. Shughart, Defendant. AFFIDAVIT IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE STATE OF PENNSYLVANIA SS COUNTY OF CUMBERLAND I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law, hereby depose and say that the facts set forth in the foregoing Motion for Alternative Service are true and correct to the best of my knowledge, information and belief. Plaintiff filed suit against the Defendant, Dawn M. Shughart (the "Defendant") in Mortgage Foreclosure on or about May 19, 2008. 2. Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset- Backed Certificate Series 2005-WMCI, ("Plaintiff') is the mortgagee. 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. 4. Plaintiff has made several attempts to effectuate service of the Notice of Sheriff's Sale upon the Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). Personal service was attempted on the Defendant at 2560 Walnut Bottom Road, Carlisle, PA 17013. The Sheriff's Return of Service {00358282} indicates that "Not at address". Personal service was attempted on the Defendant at 1156 Walnut Bottom Road, Carlisle, PA 17015. The Server's Return of Service indicates that "Moved". Personal service was attempted on the Defendant at 620 Petersburg Road, Carlisle, PA 17015-9277. The Server's Return of Service indicates that "Does not reside". Personal service was attempted on the Defendant at 713 Colonial Court, Mechanicsburg, PA 17050. The Server's Return of Service indicates that "Vacant". Personal service was attempted on the Defendant at 920 Hamilton Street, Carlisle, PA 17013. The Sheriff's Return of Service indicates that "Vacant". Personal service was attempted on the Defendant at 979 Tonia Court, Eldersburg, MD 21784. The Server's Return of Service indicates that "Unknown". Copies of the returns are attached to the Affidavit and made a part hereof as Exhibit "A". Service was also attempted upon the Defendant by certified mail, return receipt requested at 713 Colonial Court, Mechanicsburg, PA 17050. The mail was returned marked "moved" A copy of the returned mail is attached to the Affidavit and made a part hereof as Exhibit «B» 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "C" and made a part hereof. Said investigation provides no new address information for the Defendant. 6. Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. 7 MILSTE & ASSOCIATES, LLC By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff {00358282} 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: 55.08554 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement CUMBERLAND COUNTY dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan No.: 08-3178 Civil Term Asset-Backed Certificate Series 2005-WM1, Plaintiff, Vs. Dawn M. Shughart, Defendant. MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR ALTERNATIVE SERVICE 1. INTRODUCTION This matter comes before the Court upon the motion of plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, for an order permitting substituted service of the Notice of Sheriff s Sale pursuant to Pa. R.C.Pro. 430(a) upon the Defendant, Dawn M. Shughart (the "Defendant"). II. FACTS 1. Plaintiff filed suit against the Defendant in Mortgage Foreclosure on or about May 19, 2008. 2. Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, ("Plaintiff") is the mortgagee. {00358282} 3. Subsequent to the entry of judgment in favor of the Plaintiff, a writ of execution was issued and the Property was scheduled for sheriff's sale. 4. Plaintiff has made several attempts to effectuate service of the Notice of Sheriff's Sale upon the Defendant pursuant to Pa.R.C.P. 3129.2(c)(1)(i). Personal service was attempted on the Defendant at 2560 Walnut Bottom Road, Carlisle, PA 17013. The Sheriff s Return of Service indicates that "Not at address". Personal service was attempted on the Defendant at 1156 Walnut Bottom Road, Carlisle, PA 17015. The Server's Return of Service indicates that "Moved". Personal service was attempted on the Defendant at 620 Petersburg Road, Carlisle, PA 17015-9277. The Server's Return of Service indicates that "Does not reside". Personal service was attempted on the Defendant at 713 Colonial Court, Mechanicsburg, PA 17050. The Server's Return of Service indicates that "Vacant". Personal service was attempted on the Defendant at 920 Hamilton Street, Carlisle, PA 17013. The Sheriff s Return of Service indicates that "Vacant". Personal service was attempted on the Defendant at 979 Tonia Court, Eldersburg, MD 21784. The Server's Return of Service indicates that "Unknown". Copies of the returns are attached to the Affidavit and made a part hereof as Exhibit "A". Service was also attempted upon the Defendant by certified mail, return receipt requested at 713 Colonial Court, Mechanicsburg, PA 17050. The mail was returned marked "moved" A copy of the returned mail is attached to the Affidavit and made a part hereof as Exhibit "B". 5. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has made a good faith effort to locate the Defendant. A copy of the Affidavit of Reasonable Investigation is attached to the Affidavit as Exhibit "C" and made a part hereof. Said investigation provides no new address information for the Defendant. {00358282} Plaintiff has attempted to ascertain the present address of the Defendant, but has been unable to do so. III LEGAL ARGUMENT According to Pa. R.C.Pro. 430(a), a plaintiff may petition the court to provide an alternative method of service if the plaintiff cannot effectuate service upon the Defendant. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made." Pa.R.C.Pro. 430(a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Rule 430 provides in pertinent part: If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants and the reasons why service cannot be made. Pa.R.Civ.P. 430(a). It is well settled that, pursuant to Pa.R.Civ.P. 430(a), a method of substituted service which is reasonable calculated to give actual notice depending upon "what is reasonable under the circumstances, considering the interest at stake and the burden of providing notice" is acceptable. Romeo v. Looks, 369 Pa. Super. 608, 616 (1987). The instant matter is a mortgage foreclosure action. Clearly, service upon the Defendant by posting the mortgaged premises and sending certified and regular mail to the Defendant last known address is reasonably calculated to provide notice to the Defendant in light of the efforts already made by the Plaintiff to effectuate personal service. Plaintiff has attached an affidavit to {00358282} its Motion which sets forth the nature and extent of the investigation which has been made to determine the whereabouts of the Defendants. The Motion and the affidavit illustrate that Plaintiff has made a good faith effort to effectuate service under normal methods. Substituted service in the instant matter is appropriate under Pa.R.Civ.P. 430(a). IV CONCLUSION For the foregoing reasons, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Notice of Sheriff's Sale by certified and regular mail to the last known address and by posting of the mortgaged premises. MIT D&ASSOCIATES, LLC By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff {00358282} Exhibit A {00358282} SHERIFF'S RETURN - NOT SERVED 1?? I 065? CASE NO. 2008-03178 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M R. Thomas Kline Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: SHUGHART DAWN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT SHUGHART DAWN M 2560 WALNUT BOTTOM ROAD CARLISLE, PA 17013 PER OFFICE MANAGER AT 1156, DAWN IS NOT AT 2560 WALNUT BOTTOM ROAD CARLISLE. Sheriff's Costs: So answe?s• ?f Docketing 6.00 Service .00 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 16.00 MILSTEAD & ASSOCIATES . 05/27/2008 Sworn and Subscribed to before me this day of A. D. f P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE U.S. BANK NATIONAL ASSOCIATION DAWN M. SHUGHART -Plaintiff (Petitioner) vs. - - Defendant-(Respondent) CASE and/or DOCKET: 08-3178 SHERIFF'S SALE DATE: 5/6/09 I, el-e_ tA M ( 4 ib It, declare that I am a Pennsylvania State Constable and/or Process Server, in and for the County of Berks, that I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: DAWN M. SHUGHART ADDRESS: 1156 WALNUT BOTTOM RD, CARLISLE PA 17015 On: At: Description: Approximate Age _ Height _ Weight _ Race - Sex - Hair _ With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service By handing to: ? DEFENDANT(S) PERSONALLY SERVED ? ADULT FAMILY MEMBER WITH WHOM THE SAID DEFENDANT(S) RESIDE. ? NAME: RELATIONSHIP: ? ADULT IN CHARGE OF DEFENDANTS RESIDENCE. ? NAME: RELATIONSHIP: ? POSTED PROPERTY ? AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. ? NAME: TITLE: ? MILITARY STATUS: NO / YES BRANCH: COMMENTS: 4dj"-1d PrVV1 " U (&- z &-,, /? e- DEF?NDANT WAS NOT SERVED BECAUSE: V 'MOVED UNKNOWN NO ANSWER VACANT OTHER: SERVI(rE VAS ATTEMPTED ON THE FOLLOWING DATES/TIMES: l,) 311&9 09 3.) SWORN TO AND SUBSCIBED BEFORE ME THIS /G DAY OF /Ll U / 2009 NOTARY C1OM. M0idWEAL1'H Cif ijri' iiSY'LYAif1A NOTARIAL SEAL . Public ERIC M. AFFLERBACH,'Notary Washington Twp., Berks County icy (,Om1111SS10nEX ires November 18, 2009 oer-. 0d 6>-r1--7 C ST E/PROCESS SERVER 55.08554 PROVEST, LLC P.O BOX 1180,93 EAST MAIN STREET, BAY SHORE, NY 11706 631.666.6168 631.666.6295 (F) //v 8 • /is, w ot_vw, r S-( IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE U.S. BANK NATIONAL ASSOCIATION DAWN M. SHUGHART -Plaintiff (Petitioner)- vs. --Defendant-(Respondent) - --- CASE and/or DOCKET: 08-3178 SHERIFF'S SALE DATE: 5/6/09 I, Te y; f4l w - (C- declare that I am a Pennsylvania State Constable and/or Process Server, in and for the County of Berks, that I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: DAWN M. SHUGHART ADDRESS: 620 PETERSBURG RD, CARLISLE PA 17015 On: At: Description: Approximate Age _ Height _ Weight _ Race - Sex - Hair With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service By handing to: ? DEFENDANT(S) PERSONALLY SERVED ? ADULT FAMILY MEMBER WITH WHOM THE SAID DEFENDANT(S) RESIDE. ? NAME: RELATIONSHIP: 0 ADULT IN CHARGE OF DEFENDANTS RESIDENCE. ? NAME: RELATIONSHIP: ? POSTED PROPERTY ? AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. ? NAME: TITLE: ? MILITARY STATUS: NO / YES BRANCH: / r - f ? P?sk4 1^'?- S'U icy , rTlt I ht'zN COMMENTS: nO Spo(Lt' G l?'zff r fi 5 ?b cad. Irece4 vltiy CteF- IgeA'r--`,l DEFENDANT WAS NOT SER?OED BECAUSE: MOVED UNKNOWN NO ANSWER VACANT OTHER: SERVICE WAS ATTEMPTED ON T?ffi FOLLOWING DATES/TIMES: 1.) 31(& to I k;p 2.). 3?O 7Lf )^ 3.) SWORN TO AND SUBSCIBED BEFORE ME THIS I IS DAY OF k 2009 NOTARY VTAVE/PROCESS SERVER 55.08554 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ERIC M. AFFLERBACH, Notary Public Washington Twp., Berks County My Cornmission EX ir?Tit[ililr c3 1'180,93 EAST MAIN STREET, BAY SHORE, NY 11706 631.666.6168 631.666.6295 (F) U.S BANK NATIONAL ASSOCIATION Plaintiff (Petitioner) CASE and/or DOCKET: 08-3178 vs. DAWN M. SHUGHART Defendant (Respondent) I, k. I/V" declare that I am a Pennsylvania State Constable and/or Process Server, in and for the Coun of Berks, that I am not a party to this action, not an employee of a party to this action, or an attorney to the action, and that within the boundaries of the state were service was effected. I was authorized by law to perform the said service. SERVICE UPON: DAWN M. SHUGHART ADDRESS: 713 COLONIAL COURT, MECHANICSBURG PA 17050 On: At: Description: Approximate Age Height Weight Race Sex With Documents: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Manner of Service By handing to: ? DEFENDANT(S) PERSONALLY SERVED ? ADULT WITH WHOM THE SAID DEFENDANT(S) RESIDE. ? NAME: RELATIONSHIP: ? ADULT IN CHARGE OF DEFENDANTS RESIDENCE. ? NAME: RELATIONSHIP: ? POSTED PROPERTY ? AGENT OR PERSON IN CHARGE OF PLACE OF BUSINESS. ? NAME: TITLE: ? MILITARY STATUS: NO / YES BRANCH: COMMENTS: ?i oC4 DEFENDANT WAS NOT SERVED BECAUSE: ? i MOVED UNKNOWN NO ANSWER ?VACANT OTHER: SERVICE WA, ATTEMPTED ON THE FOLLOWING DATES/TIMES: 1.) folzgf 6f i0%1j,42.) 3.) SWORN TO AND SUBSCIBED BEFORE ME THIS " DAY OF 6 C t , 2008 NOTARY COMMONWEALTH OF PENNSYLVANIA ?JtS?F U NOTARIAL SEAL ERIC M. AFFLERBACH, Notary Public PRd.VEST, LW&MRWH 1to3 86M1 BEET, Y SHORE, NY 11706 631.666.6168 631.666.6295 (F) INly Commission Expires November 1a, 2oos IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE Hair SERVER SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03178 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SHUGHART DAWN M R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT SHUGHART DAWN M but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT .,.SHUGHART DAWN M , NOT FOUND , as to 920 HAMILTON STREET CARLISLE, PA 17013 920 HAMILTON STREET IS VACANT. Sheriff's Costs: So answers: Docketing 18.00 Service 5.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 38.00 MILSTEAD & ASSOCIATES 07/31/2008 Sworn and Subscribed to before me this day of A. D. PmVcdt L :C - New York MIF STEAD.& ASSOGTATES .LF G 93-E. Main St 220.Lake Drive East Suite 301 :B.ay: Shore.NY 1'1706': Cherry IHi1; Ncw7crsey08002- (631) 6664168 Court CaseNo.:. 08.3`178`C VIA TERM' JN IW COMMON PLEAS COURT OF CUMBERLAND.. U:S.. BANS NATIONAL ASSOCIATION AS TRUSTEE UNDER: FOOLING AND SERVICING AGRLTAMNT DATED- AS: OF. SEPTEM Wj-,.2.M WACHOVIA. MORTGAGE.LOA,N TRUST MORTGAGE LOAN ASSET BACKED=CERTIFICATE SERIFS 2005-WMC1; et seq. Plaintiff, AFFIDAVIT Against OF SERVICE'. DAWNM..SIIUGART;. et aL. Defendants, lQ?c'L? [YJA?C being duly sworn, deposes and says: thatdeponent.is.nota party to this. action, i's:over 18 year; of age and resides in_the StatcW MD.' That on- at at 979-TONIA COURT ELDERSBURG, W D 21784 deponent served the within NOTICE OF SALE bearing court case number 08= 3178'.CIVIL TERM. onDAWN M. SHUGHART etas. INDIVIDUAL by delivering thereata true copy of each to said defendant personally, deponent knew said person so served-to be the person described as said By delivering thercavacopy o8each:to a personof suitabic age-and-discretion. That:personwas also asked by. deponent whether said.premises was the defendant's-dwetling.home and.the.reply, was affirmative.. CORPORATE A corporation; by.delivering,thereat a,true,copy. of each to. personally; deponent.knew said.so served to be the corporation. described as the named' defendant and knew said. individual: to be the AUTHORIM AGENT thereof. Deponent describes the individual served to the best of deponent's ability at the time and circumstances of service as follow: DESCRIPTION Sex Skin Color Hair Color Age Wrx) Height (Apex) Weight (Apra) NON-SERVICE The defendant, DAWN M. SHUGHART, does not reside at this address as per SPo KE LJ; 7-P Rzm i i V E C17 9 -A ?t1rJ 279 a 72A.1 q 3-- W l?si.0e ts7s Ab yiS CZ Thy r? ,A] 04122,e PA•Ni3 604- A -r L?Ss' J r UhJAU2 Or ALj jCQ,j._p1.i? P' Attempt 1: S D v_gg'vAH. Attempt 2: Attempt 3: .3 /1 MILITARY SERVICE I asked the person spoken to whether the defendant was inactive military service of-the United States or of the State of Maryland in any capacity whatever and receiveda negat vereply: The source of my information and the grounds of my belief I aver that the defendant is not in the military service of Maryland or of the United States as that term is defined is either the State or Federal statutes. defendant therein. (S)Heidentified (ha) himself as such. SUBSTri'1JTE SWORN TO BEFORE ME ON 3 / / ,Fo- Server Signature LICENSE # TA RY FILE # 55.08554 Exhibit B {00358282} n aoinaaS fdiaoaa um}aH buisn aol nog( mumu RETURN RECEIPT REQUESTED USPS MAIL CARRIER DETACH ALONG PERFORATION I - --------------------------- - ----------- ----------------------------- Cn 0 3 w m m C !v ?G N 0 III 0 3 m N C 7 77 m ?C7D ? W sv w o ? ? D O a `N° ? a O 0 b ? ? o v, A 1 W N oco U) n $ m CL .< o A m W m m J ? m ?+ k Fn ? v m A r N D L c Cr m O Z _ c w O r? ,.C D. r to ?? a r? L- Oe D- A to Oj M m { m rn m nn m? <y ? a mm CL ® 3 N O m 3 fm 3 D m a •g v w m n m X n d m co m m' D? ?? o an m w ? a? N W •--_--L- ----------------------------- Thank you for using Return Receipt Service ?0 (.0 5 N ? G C'4 a: q yy. ? C) = G? 'N i ? k ?''=.i1Nf1 G `? ? ?I Lr1 Q' r? 43 Ln O Cr o .A ?.?.?. rl r c x U J .I U Y Q C? . O < L y W Q LJ G J _- r c? <. .^ ,.•. ter] N, O O a U ? o Q W Q 0 D G ti ? v - G 0 Q - wo ! Cam Cp"TiT, taw CC= - 00 0300 Q z (UM N N iti 0 f ! X ZZ: °z = w0 00 - LF F- -r = I ?a?ww+zm, WL.Z?BJ r??s w0wzw.4 Q°` > 3 a q --7- f-0 0 L w r'"ru ?:i Exhibit C {00358282} ao RMT SERVICES LLC "You Seek-and-We-Find" Number: 55.08554 Date: March 13, 2009 Plaintiff: U.S. Bank N.A. as Trustee Vs. Defendant: Dawn M. Shughart County: Cumberland Person to Locate: Dawn M. Shughart XXX-XX-3646 Count/Term No: 08-3178 Civil Term AFFIDAVIT OF GOOD FAITH INQUIRY LAST KNOWN ADDRESS a 1) 2560 Walnut Bottom Road, Carlisle PA 17013 2) 1156 Walnut Bottom Road, Carlisle PA 17015 3) 620 Petersburg Road, Carlisle PA 17015-9277 a 4) 713 Colonial Court, Mechanicsburg PA 17050 a 5) 920 Hamilton Street, Carlisle PA 17013 6) 979 Tonia Court, Eldersburg MD 21784 SEARCH OF LOCAL TAX AUTHORITY Inquiry with local tax office in Cumberland County was inconclusive due to lack of access to records. INQUIRY OF THE CREDIT BUREAU Inquiry with credit bureau, confirms the most current mailing address of Dawn M. Shughart, as address #1 listed above, please see document attached. SEARCH OF LOCAL PHONE DIRECTORY AND OPERATOR INQUIRY The telephone company operator reports a listing issued to Dawn M. Shughart in the Carlisle, PA. The phone number provided was (717)580-7130, also additional (717)580-7256. VERBAL TELEAPHONE INOURUES/CONTACT On March 120' & 13", 2 attempts to (717)580-7130 received a voicemail of Dawn Shughart. Pg 1 Of 2 NEIGHBORS: Walnut-Bottom Road: 2513: no answer 2514: disconnected NEIGHBORS: 620 Petersburg Road: 620: Male answering machine 702: Female answering machine NEIGHBORS: 920 Hamilton Street: 916: "No Idea" 918: N/a NEIGHBORS: 979 Tonia Court: 972: "Never heard of her" 979 A: No answer 1 CERITFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND FALSE STATEMENTS HEREIN ARE MADE EJECT TO THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES Mark LISA ANN THO" j°"WORI?WOM ?e AOQ IQ L Pg2of2 I Name & Address Tel ephone .. DAWN SHUGHART 979 TONIA CT #D 11/14!2008 ELDERSBURG, MD 21784 DAWN SHUGHART 713 COLONIAL CT 08/26/2008 MECHANICSBURG, PA 17050 DAWN M SHUGHART COLONIAL C COLONIAL CT 08/04/2008 MECHANICSBURG, PA 17050 WILLIAM F SHUGHART 2560 WALNUT BOTTOM RD 05/16/2008 CARLISLE, PA 17015 DAWN M SHUGHART 920 HAMILTON 03/28/2008 CARLISLE, PA 17013 DAWN SHUGHART 331 C 03/27/2008 CARLISLE, PA 17013 DAWN SHUGHART 920 HAMILTON ST (717) 580-7130 02/11/2008 CARLISLE, PA 17013 DAWN SHUGART 920 HAMELTON ST (717) 580-7130 02/06/2008 CARLISLE, PA 17013 DAWN SHUGART 920 HAMELTON ST 02/08/2008 CARLISLE, PA 17013 DAWN SHUGHART 920 HAMILTON ST 01110/2008 CARLISLE, PA 17013 DAWN SHUGHART 920 HAMILTON ST 01/10/2008 CARLISLE, PA 17013 WILLIAM SHUGHART 2560 WALNUT BOTTOM RD (717) 580-7256 10/12/2007 CARLISLE, PA 17015-9333 WILLIAM SHUGHART 2560 WALNUT BOTTOM RD (717) 580-7256 10/12/2007 CARLISLE, PA 17015 DAWN SHUGHART 08/12/2007 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: 55.08554 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement CUMBERLAND COUNTY dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset- No.: 08-3178 Civil Term Backed Certificate Series 2005-WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. CERTIFICATE OF SERVICE I, Mary L. Harbert-Bell, Esquire, counsel for Plaintiff, U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, hereby certify that a copy of the foregoing Motion for Service Pursuant to Special Order of Court was served on the following persons by first class mail, postage pre-paid, on this f? day of 200°x• Dawn M. Shughart 2560 Walnut Bottom Road, Carlisle, PA 17013 1156 Walnut Bottom Road, Carlisle, PA 17015 620 Petersburg Road, Carlisle, PA 17015-9277 713 Colonial Court, Mechanicsburg, PA 17050 920 Hamilton Street, Carlisle, PA 17013 979 Tonia Court, Eldersburg, MD 21784 MILSTEAD & ASSOCIATES, LLC By: Mary L. Harbert-Bell, Esquire ID No. 80763 Attorney for Plaintiff {00358282} CAF THF ' "j " °_? hTAf?Y 2 004 J!, L - 2 Il IC: 0 2 JUL 0 6 2009y 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: 55.08554 U.S. Bank National Association as Trustee COURT OF COMMON PLEAS under Pooling and Servicing Agreement dated CUMBERLAND COUNTY as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed No.: 08-3178 Civil Term Certificate Series 2005-WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Mary L. Harbert-Bell, Esquire, attorney for Plaintiff, Plaintiff, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this 01dayof 20 _?M.,ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Notice of Sheriff's Sale upon the Defendant Dawn M. Shughart (the "Defendant") shall be made by posting and tacking the Notice of Sheriff's Sale on the mortgaged premises known as 2560 Walnut Bottom Road, Carlisle, PA 17013 (the "Premises") and by certified and regular mail to the mortgage premises and to the Defendant's last known addresses of 1156 Walnut Bottom Road, Carlisle, PA 17015 and 620 Petersburg Road, Carlisle, PA 17015-9277 and 713 Colonial Court, Mechanicsburg, PA 17050 and 920 Hamilton Street, Carlisle, PA 17013 and 979 Tonia Court, Eldersburg, PA 21784. BY THE COURT J. {00358282} FILFD•-: ' E ?r r ,-, nY ?. 7' T" 2009 JU'l- f'• E ' S r L- J ??Y ? V MILSTRAD & ASSOCIATES, LLC BV: Mary L. Harbert-Bell, Esquire ID No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, COURT OF COMMON PLEAS CUMBERLAND COUNTY NO.: 08-3178 Civil Term Plaintiff, Vs. Dawn M. Shughart, Defendant. AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Mary L. Harbert-Bell, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On August 3, 2009, a copy of the Notice of Sheriff's Sale of Real Property was served on the defendant by certified mail, returned receipt requested. Copies of the signed certified cards are attached hereto and made a part hereof as Exhibit "A". 2. On November 5, 2008, a notice of Sheriff s Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". Dated: September 1, 2009 Mary L. Harbert-Bell, Esquire Attorney ID No. 80763 Milstead and Associates, LLC {00375471} JUL 0 6 2009 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: 55.08554 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMCI, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term vs. Dawn M. Shughart, Defendant. ORDER GRANTING ALTERNATIVE SERVICE PURSUANT TO PENNSYLVANIA R.C.P. 430 This matter being opened to the Court by Mary L. Harbert-Bell, Esquire, attorney for Plaintiff, Plaintiff, upon a Motion for Order Granting Alternative Service, pursuant to Pennsylvania R.C.P. 430, and the Court having reviewed and considered the pleading submitted in connection with this matter and good cause shown: IT IS on this ??y of )It , 20/19 - ORDERED that the Motion for Alternative Service is GRANTED and IT IS FURTHER ORDERED that service of the Notice of Sheriff's Sale upon the Defendant Dawn M. Shughart (the "Defendant") shall be made by posting and tacking the Notice of Sheriff's Sale on the mortgaged premises known as 2560 Walnut Bottom Road, Carlisle, PA 17013 (the "Premises") and by certified and regular mail to the mortgage premises and to the Defendant's last known addresses of 1156 Walnut Bottom Road, Carlisle, PA 17015 and 620 Petersburg Road, Carlisle, PA 17015-9277 and 713 Colonial Court, Mechanicsburg, PA 17050 and 920 Hamilton Street, Carlisle, PA 17013 and 979 Tonia Court, Eldersburg, PA 21784. 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U c`vCf) fl Yo cu J - C> U M W Z LM ? O O co 6 7 O VJ f m Q N co V O N 9 EL O 0 cc N W Z N U W Z Q 'a a U) 2 c LL? i caU- O N U D O c m tl i -- O o w p U o N cv b cd ZE El cn O O U3 g a =o:? Ar4U ProVest - Affidavit Page 11 of 28 SA31231618 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE UNDER POOLING AND SERVICING AGREEMENT DATED AS OF SEPTEMBER 1, 2005 WACHOVIA MORTGAGE LOAN TRUST MORTGAGE LOAN ASSET BACKED CERTIFICATE SERIES 2005- WMCI; et seq. Plaintiff (Petitioner) V. DAWN M. SHUGART; et al. Defendant (Respondent) CASE and/or DOCKET No.: 08-3178 CIVIL TERM Sheriffs Sale Date: 09/02/2009 AFFIDAVIT OF SERVICE 0 Complaint E]Summons 9' Other: NOTICE OF SHERIFF'S SALE OF REAL PROPERTY I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that i served and made known to the person served, DAWN M. SHUGART; et al. the above process on the 3 day of August, 2009, at 3:30 o'clock, PM, at 2560 Walnut Bottom Road Carlisle, PA 17013 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: Q By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: 1) 2) Commonwealth of Pennsylvania ) } SS: County of Cumberland ) 3) Before me, the undersigned notary public, this day,_personally, appeared G6-to me known, who being du.,y swom according to law, deposes the following: I hereby swearXr qffirmAhaythe facts set forth in the foregoing Affidavit of Service are true and correct. File Subscribed and sworn to before me 20 0'q this 5- da o 69 ? Notary Public COMMGNW EAUrk i OF PENNSYLYAIV IA NOTARIAL SEAL I EP.!C M. AFFLERI;ACH, Ndtaiy Public -- Washington Twp., Berks County My Commissfon Ex Tres November 18, 2009 https:llwww.provest.uslpsoffieciUnderProcess.aspx?RequestID=cd585da6-87d8-4fad-al fb-... 802009 cm LC) o - > ca m LL t6 c o0 _m " T j?• 16 N - • CL -6 C c4i . ? ?3 U) m f m N C J_? d 7i CD C C ?m C ? m N (0 m C O v U - - -0 cm 2 UO C W 0 6 4) N :3 U) mp` L-- O = 0) LL m ° l6 fNA CL a) N N U N N t C L .0 C m f,% N d O_ U n° o m m 5 E Om-0 ,com .p N (/j V- a. a p 6 w -co C • °' N x "°" ° C N ? N e y 7 ttf 0 C •C U `° ? U. U 0 E O .0 d a d o N N U N N -0C C > E N C:i m m m a) .- m W 01 E L' O- 0 m X y T 1 3?0 C .. . OI-'W a )'E E°t Ns O (n m U X e t0 f0 _ C d E m to to 3 C d 1 m V.. - N E 3 a p UE r C U l` _ a C 0. E .C N C L L I N N C m 3 - m moo 3I-O Co f . E O E 0 0 ..3 C m • •• N as ? . =3 -R ?O? m ?.r= m ? _ U _ - fA ttl ° C - Z00803D00dlZ WO?ld 0311Vk- . ma[A Ed3 •0 {- N H g N Z9989£Z000 ?r c a ° 5 a ° = L w 8002 SO AO dL ZO . i c w m ooz°ca 5) ? ? ? ? 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""CUINTY PENNSYLVANA COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which U S BANK NATIONAL ASSOC TR is the grantee the same having been sold to said grantee on the 2ND day of SEPT A.D., 2009, under and by virtue of a writ Execution issued on the 27 day of OCT, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3178, at the suit of U S BANK NATIONAL ASSOC TR against DAWN M SHUGHART is duly recorded as Instrument Number 200934816. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 13 day of &J- ,A.D. d60 vunly. C4414. P. Rmoug r d Cards, Cuftee nd MY Comraiswion EVi?oa ft Flat Maxley aJwt 2010 of Deeds U.S. Bank national Association as Trustee In The Court of Common Pleas of Under Pooling and Servicing Agreement Cumberland County, Pennsylvania Dated as of September 1, 2005, Wachovia Writ No. 2008-3178 Civil Term Mortgage Loan Trust Mortgage Loan Asset- Backed Certificate Series 2005-WMC 1 VS Dawn M. Shughart R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice of Sale and Description in the following manner: The Sheriff mailed a notice of the action by certified mail, return receipt requested to the within named defendant, to wit: Dawn M. Shughart, to her last known address of 5601 College Road, #304, Key West, Florida 33040 and Sunshine Key West, 1910 North Rosevelt Blvd., Key West, Florida 33040. Both letters were returned unopened to the Cumberland County Sheriffs Office marked "Attempted, Not Known." Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1954 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 Dawn M. Shughart located at 2560 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mary Harbert-Bell, on behalf of U.S. Bank, National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005, Wachovia Mortgage Loan Trust, Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, of, 4837 Watt Avenue, Suite 100, No. Highlands, CA, 95660, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,032.67 Sheriff s Costs: Docketing 30.00 + Poundage 20.25 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Milage 8.10 Levy 15.00 Surcharge 30.00 Certified Mail 10.64 Post Pone Sale 60.00 Law Journal 355.00 t I r Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed So Answers, R. Thomas Kline, Sheri ff Real Estate Coordinator FILE `?%E= ThI t';-^-' NARY 323.66 2 0R CST 12 AH 8: 3 I 15.52 25.00 CUa,' „ 49.50 1,032.67 ? o?? 3/o P1 yY ? ,2, o-o ao? GK 7a?G ;L ,? 3 177, I MILSTEAD & ASSOCIATES, LLC BY: Mary L. Harbert-Bell, Esquire lD No. 80763 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, Plaintiff, Vs. Dawn M. Shughart, Defendant. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1, 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 2560 Walnut Bottom Road, Carlisle, PA 17013: 1. Name and address of Owners(s) or Reputed Owner(s): Dawn M. Shughart 713 Colonial Court Mechanicsburg, PA 17050 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: Orrstown Bank Cedar-Stonehedge LLC 427 Village Drive c/o Sherill T. Moyer, Esq. & Kenneth J. Rollins, Carlisle, PA 17015 Esq. 1 South Market Square P.O. Box 1146 Harrisburg, PA 17108-1146 4. Name and Address of the last recorded holder of every mortgage of record: {00292887} U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMCl (Plaintiff herein) 4837 Watt Avenue, Suite 100 No. Highlands, CA 95660 MERS, Inc. acting solely as nominee for WMC Mortgage Corp. P.O. Box 54089 Los Angeles, CA 90054-0089 MERS, Inc. acting solely as nominee for WMC Mortgage Corp. 3300 SW 34th Avenue, Ste. 101 Ocala, FL 34474 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: Gary Hoover 6254 Stirrup Court Harrisburg, PA 17111 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 2560 Walnut Bottom Road Carlisle, PA 17013 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 unsworn falsification to uthorities. Mary L. Harbert-Bell, Esquire Attorney for Plaintiff Date: October 23, 2008 {00292887} 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 U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005- WMC19 Plaintiff, Vs. Dawn M. Shughart, Defendant. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 08-3178 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 2560 Walnut Bottom Road, Carlisle, PA 17013, is scheduled to be sold at sheriff's sale on March 4, 2009 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $118,986.28 obtained by U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMCL 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). {00292887) r 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. 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 55.08554 {00292887} P ALL t 101 Of j??{'j?d Sites iA P= Tip, O mbmim COU*o Pmsylvz ii, ,?yO 13EGDQM at it vet, in 8* M* of ;Mrs Sts *w?.0 No. 33 lei fi'm t0 St*MbIM w is IL Mw of d Mom to fty Wow, &enw fn t Oma= (too) tto ' I'd a dm= Two imdmd ) 9W to a point tt ! to of state awmay ROM No, 331, 0M &Zdmd j.We%twxty &410 PIM OWaaf S d StMa Vj. out 0, 3, aM of (104) W IP0144 'B GW. Being known as 2560 Walnut Bottom Road, Carlisle, PA 17013 Tax Parcel Number: 31-11-0296-020 {00292887} ' WRIT'O EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3178 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION As Trustee under POOLING AND SERVICING AGREEMENT DATED AS OF 9/01/05 WACHOVIA MORTGAGE LOAN TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATE SERIES 2005-WMC1, Plaintiff (s) From DAWN M. SHUGHART (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 'A garnishee and is enjoined as above stated. Amount Due $118,986.28 L.L. Interest from 9/04/08 to 3/04/09 at $19.56 per diem (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $241.00 Other Costs to be added Plaintiff Paid Date: 10/27/08 rothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARY L. HARBERT-BELL, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 80763 Real Estate Sale #51 On November 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Penn Township, Cumberland County, PA Known and numbered as 2560 Walnut Bottom Road, Carlisle more fully described on Exhibit "A" NEW filed with this writ and by this reference incorporated herein. Date: November 19, 2008 By: 11 Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ie Coyne, Editor SWORN TO AND SUBSCRIBED before me this day of Februar 13, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 M" L =T`AT3 GALZ 110. 61 Writ No. 2008-3178 Civil U.S. Bank National Association as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMCl vs. Dawn M. Shughart Atty.: Mary Harbert-Bell ALL that certain lot of ground situ- ate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of Pennsylvania State Highway Route No. 33 leading from Carlisle to Shippensburg, which point is a corner of land belonging to Harry Whistler; thence in a Southwardly direction along land of the said Harry Whistler, a distance of Two Hundred (200) feet to a point (iron pin); thence in an Eastwardly direction along land of the Grantors herein, a distance of One Hundred (100) feet to a point (iron pin); thence in a Northwardly direction along other land of the said Grantors herein, a distance Two Hundred (200) feet to a point in the center of said State Highway Route No. 33; thence in a Westwardly direc- tion along the center of said State Highway Route No. 33, a distance of One Hundred (100) feet to a point, the Place of BEGINNING. Being known as 2560 Walnut Bot- tom Road, Carlisle, PA 17013. Tax Parcel Number: 31-11-0296- 020. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhePatriot•News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALt Vp Writ No. 2008-3178 Civif i 51 U.S. Bank National Assoc611%. ; as Trustee under Pooling and Servicing Agreement dated as of September 1, 2005 Wachovia Mortgage Loan Trust Mortgage Loan Asset-Backed Certificate Series 2005-WMC1 VS Dawn M.Shughart Attorney Mary Harbert-Bell LEGAL DESCRIPTION ALL that certain lot of ground situate in Penn Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of .Pennsylvania State Highway Route No. 33 leading from Carlisle to Shippensburg, which point is a comer of land-belonging to Harry Whistler; thence in a Southwardly direction along land of the said Harry Whistler; a distance of Two Hundred (200) fee to a point (iron pin); thence in a Estwardly direction along land of the Grantors herein, a distance of One Hundred (100) feet to a point (iron pin); thence in a Northwardly direction along other land of the said Grantors herein, a distance Two Hundred (200) feet to a point in the center of said State Highway Route No. 33; thence in a Westwardly direction along the center of said State Highway Route No. 33, a distance of One Hundred (100) feet to a point, the Place of BEGINNING. Being known as 2560 Walnut Bottom Road, Carlisle, PA 17013 Tax Parcel Number: 11-11-0296.020 This ad ran on the date(s) shown below: Sworn to and s? ibed before me this 25 day of February, 2009 A.D. Notary Public 01/21/09 01/28/09 02/04/09 ?t.,l^I?ISYLV?,¢v- hdt Sherrie L Kisne lagtary public CRY Of HamsNAM, Oat t(rhin County My Corrvrtissian Expires Nov. 26, 2011 Member. Pennsyl+ ! r, srciatlon of Notaries