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HomeMy WebLinkAbout08-3411PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ? JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 178725 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 34-11 C'ivi lerwt CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 178725 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 178725 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File #: 178725 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 178725 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 11/18/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1932, Page 2435. By Assignment of Mortgage recorded 06/19/2006 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 728, Page 176. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 178725 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 02/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $91,754.37 Interest $3,836.25 01/01/2008 through 06/02/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $454.53 11/18/2005 to 06/02/2008 Cost of Suit and Title Search 550.00 Subtotal $97,845.15 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $97,845.15 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 178725 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 178725 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $97,845.15, together with interest from 06/02/2008 at the rate of $23.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: WRENCE T. PHELAN, ESQUI FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178725 LEGAL DESCRIPTION ALL that certain tract of land situate in Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the Western edge of Water Street at corner of other land now or formerly of John L. Rine et ux, which point is approximately 52.51 feet from a railroad spike at the edge of Main Street; thence by property now or formerly of John L. Rine et ux herein, South 73 degrees 19 minutes West 106.73 feet to an iron pin at land now or formerly of Charles Leitzel; thence by Leitzel tract North 16 degrees 49 minutes 16 seconds West 130.31 feet to an iron pin at corner of 12 foot alley; thence by said 12 foot alley North 74 degrees East 108.25 feet to a railroad spike at the Western edge of Water Street; thence by Water Street South 16 degrees 9 minutes East 129.03 feet to a railroad spike at the place of BEGINNING. CONTAINING 0.320 Acres or 13,938.15 square feet, per survey of Boyer-Price Surveying. BEING that same real estate that John L. Rine and Ruth M. Rine, husband and wife, by their deed dated October 11, 1974, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'V' Volume 25 at Page 173 conveyed to Julia V. Bender, Grantor herein. PARCEL NO: 24-21-0390-057A PROPERTY ADDRESS: 2 NORTH WATER STREET File #: 178725 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. 'J"t4v-4z 901,3L/ ttorney for Plaintiff DATE: & ".1-05 06 R? S d D - U ;f } Col ,,.. "al 0 SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS BESECKER PAUL III ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to ;law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: BESECKER PAUL III AKA PAUL W BESECKER but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of FRANKLIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On June 26th 2008 , this office was in receipt of the attached return from FE4NKLIN Sheriff's Costs: So answers: Docketing 6 00 Out of County 9.:00 Surcharge 10.00 Thomas Kline Dep Franklin Cc 34.;05 Sheriff of Cumberland County Postage 2,36 61.41 ?/ 7/da1D8-, 06/26/20Q8 PHELAN HALLINAN SCHMIEG Sworn and subscribe to kefore me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-03411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS BESECKER PAUL III ET AL ; R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to flaw, says, that he made a diligent search and and inquiry for the within named DEFENDANT BESECKER AMY AKA AMY L; BESECKER but was unable to locate! Her in his bailiwick. He therefore deputized the sheriff of FRANKLIN serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On June 26th „ 2008 this office was in receipt of the attached return from FRANKLIN Sheriff's Costs: So answers, -a> Docketing 6.;00 '-% Out of County 0 0 ~` Surcharge 10.00 R. Thomas Tine .?00 Sheriff of Cumberland County 00 16 . 0 ? '710 21o F 06/26/2O C8 PHELAN H2$LLINAN SCHMIEG Sworn and subscribe to before me this day of A.D. , to wit: SHERIFF'S RETURN - REGULAR CASE NO: 2008-03411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS BESECKER PAUL III ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BESECKER PAUL III AKA P4UL W BESECKER DEFENDANT at 1520:00 HOURS, at 2 NORTH WATER STREET, the on the 9th day of June , 2008 NEWBURG, PA 17240 by handing to PAUL BESECKER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time diiecting His attention to the contents thereof. Sheriff's Costs: Docketing x.8.00 Service 20.00 Affidavit 1 .00 Surcharge .0.00 .00 1/0,16F 8.00 Sworn and Subscibed to before me this of day E By. ?. All Deputy Sheri f A.D. So Answers: R. Thomas Kline 06/26/2008 PEHLAN HALLINAN SCHMIEG SH'RIFF'S RETURN - REGULAR CASE NO: 2008-03411 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND a US BANK NATIONAL ASSOCIATION VS BESECKER PAUL III ET AL Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ROBERT BITNER Sheriff or Deputy Sheriff of BESECKER AMY AKA AMY L $ESECKER T at 2 NORTH WATER STREET; the DEFENDANT at 1520;:00 HOURS, on the 9th day of June 2008 NEWBURG, PA 17240 PAUL BESECKER by handing to ADULT IN CHARGE true and attested copy of COMPLAINT and at the same time directing His attention to the contents thereof. i i Sheriff's Costs: Docketing X6.00 Service .00 Affidavit .00 Surcharge .0.00 .00 a11f 16.0 0 710 Sworn and Subscibed to before me this (lay of - MORT FORE together with So Answers: R. Thomas Kline 06/26/2008 PHELAN HALLINAN SCHMIEG B . hl U Deputy S eri f A.D. In The Court of Common Pleas of Cumberland County, Pennsylvania us Bank National Association etc VS. Paul Besecker III et 41 SERVE: Paul Besecker III a/k/a; Paul W. Besecker No. 08-3411 civil Now, June 5, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. i Affidavit of Service Now, .? 20e7rr, at , o'clock M. served the within upon at by handing to a ; copy of the original _ and made known to So answers, the contents thereof. Sheriff of County, PA COSTS Sworn and subscribed before me this day of , 20 SERVICE _ MILEAGE _ AFFIDAVIT SHERIFF'S RETURN - NOT FOUND •? d? - ' ?-1 i i CASE NO: 2008-00125 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN US BANK NATIONAL ASSOCI4TION VS PAUL BESECKER III ET AL RICHARD NORTH 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: PAUL BESECKER III AKA PjUL W BESECKER but was unable to locate Him inn his bailiwick. He therefore returns the COMP MORT FORE NOT FOUND , as to the within named DEFENDANT , PAUL BESECKER III AKA PAUL W BESECKER 734 FAIRGROUND AVENUE CHAMBERSBURG, PA 17201 NEW TENNANTS OF 4 MONTH DON'T KNOW DEFENDANTS ; Sheriff's Costs: So answers: Docketing .00 Service 1.00 ,Wzz, ??ffiw Now Affidavit .00 RI HARD NORTH Surcharge .00 DANE M ANTHONY, Sheriff 00 0 PHELAN HALLINAN & SCHMIEG LLP 06/23/2008 Sworn and subscribed to;before me this QL 3 day of Obi A.D. RICHARD D. McCARTY, Notary Public Chembersburg Boro., Franklin County My Commission Expires Jan. 29, 2011 In The Court of Common Pleas of Cumberland. County, Pennsylvania ? s US Bank National Association etc vs. Paul Besecker III et al? nR-3411 civil SERVE: Amy Besecker a/k/a Amy L. Besecker No. Now, June 5, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Franklin County to execute this Writ, this i deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, ` /4,/ 20 , at a o'clock M. served the within upon at by handing to a and made known to Sworn and subscribed before me this day of 320 copy of the original So answers, the contents thereof. Sheriff of County, PA COSTS SERVICE _ MILEAGE _ AFFIDAVIT • SKERIFF' S RETURN - NOT FOUND ?"M pF +?? ?? ` J? r? CASE NO: 2008-00125 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN US BANK NATIONAL ASSOCIATION VS PAUL BESECKER III ET AL RICHARD NORTH 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: AMY BESECKER AKA AMY L BESECKER but was unable to locate Her ii? his bailiwick. He therefore returns the COMP MORT FORE i , i NOT FOUND , as to the within named DEFEND.,4NT AMY BESECKER AKA AMY L BESECKER 734 FAIRGROUND AVENUE CHAMBERSBURG, PA 17201 NEW TENANTS OF 4 MONTHSDO NOT KNOW DEFANDENTS Sheriff's Costs: So answers: Docketing L00 Service 00 Affidavit .00 RICHARD NORTH Surcharge .00 DANE M ANTHONY, Sheriff 00 .00 PHELAN HALLINAN & SCHMIEG LLP 06/23/2008 Sworn and subscribed to;before me this day of C9? A.D. RICHARD D. McCARTY, Notary Public Chambersburq 6pro., Franklin County My Commission Expires Jan. 29, 2011 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ, Id. No. 32227 FRANCIS S. HALLINAN, ESQ,, Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Iii. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 VIVEK SRIVASTAVA, ESQ., 10. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id.; No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 178725 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff NW COPY FROM RECORD In Teb tl + wtwed, I here ante set my hang t seat d said at come, Pa. "d. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08- 3µ11 0,iVit (erm v. CUMBERLAND COUNTY PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER We hereby certify the 2 NORTH WATER STREET within to be a true and NEWBURG, PA 17240 correct copy of the original filed of record Defendants CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 178725 9111 !t79J ?C/Si?l? 9?? blIA 907f a od of NOTICE You have been sued in Court . If you wish to defend against the claims set forth in the following pages, you must take a0tion 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 prbceed 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 p?aintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO ? O OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE {YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 178725 IF THIS IS THE ?IRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TOT= FAIR DEBT COLLECTION File #: 178725 PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(Sj MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S? WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. ;LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOI PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AN)D ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOGS NOT REQUIRE US TO WAIT UNTIL THE END OF TIE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU T COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT 19 TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIM. FURTHERMORE, NO REQUEST WILL BE MADE TO TIE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, 'T` HIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 178725 1. Plaintiff is U.S. BANK NATIONAL ;ASSOCIATION AS TRUSTEE 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, 1}A 19034 2. The name(s) and last known address(es) of the Defendant(s) are: PAUL BESECKER, III A/K/A PAUL W. BESEC"KER AMY BESECKER A/K/A AMY L. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240 who is/are the mortgagors) and/or real owner(s) of the property hereinafter described. 3. On 11/18/2005 mortgago#(s) made, executed and delivered a mortgage upon the premises hereinafter described to NEW CENTURY MORTGAGE CORPORATION which mortgage is recorded in tl' e Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1932, Page 2435. By Assignment of Mortgage recorded 06/19/2006 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. which ;Assignment is recorded in Assignment of Mortgage Book No. 728, Page 176. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing are, assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings iithose documents are of public record. 4. The premises subject to staid mortgage is described as attached. File #: 178725 5. The mortgage is in defauli because monthly payments of principal and interest upon said mortgage due 02/01/2008 ;and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. 6. The following amounts aree due on the mortgage: Principal Balance $91,754.37 Interest $3,836.25 01/01/2008 through 06/02/2008 Attorney's Fees ; $1,250.00 Cumulative Late Charges $454.53 11/18/2005 to 06/02/2008 Cost of Suit and Title Search 550.00 Subtotal $97,845.15 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $97,845.15 7. If the mortgage is reinstajed prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested ?re in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right; to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 178725 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is ih no way an attempt to reestablish such personal liability discharged in bankruptcy] but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pen>sylvania Law. 9. Notice of Intention to Fo?leclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the dote(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. File #: 178725 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTjFF demands an in rem Judgment against the Defendant(s) in the sum of $97,845.15, together with interest from 06/02/2008 at the rate of $23.25 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure ano sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP BV r 4 latz '4? WRENCE T. PHELAN, ESQUI FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178725 LEGAL DESCRIPTION ALL that certain tract of land situate in Borough of Newburg, Cumberland County, Pennsylvania, more fully boundeO and described as follows, to wit: BEGINNING at a railroad spike in the Western edge of Water Street at corner of other land now or formerly of John L. Rine et uxb which point is approximately 52.51 feet from a railroad spike at the edge of Main Street; thenc$ by property now or formerly of John L. Rine et ux herein, South 73 degrees 19 minutes Wept 106.73 feet to an iron pin at land now or formerly of Charles Leitzel; thence by Leitzel tract North 16 degrees 49 minutes 16 seconds West 130.31 feet to an iron pin at corner of 12 foot alley{; thence by said 12 foot alley North 74 degrees East 108.25 feet to a railroad spike at the Western' edge of Water Street; thence by Water Street South 16 degrees 9 minutes East 129.03 feet to a railroad spike at the place of BEGINNING. CONTAINING 0.320 Acres or 13,938.15 square feet, per survey of Boyer-Price Surveying. BEING that same real estate that John L. Rine and Ruth M. Rine, husband and wife, by their deed dated October 11, 1974, an ld recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book'V' Volume 25 at Page 173 conveyed to Julia V. Bender, Grantor herein. PARCEL NO: 24-21-0390-057A? PROPERTY ADDRESS: 2 NORTH WATER STREET File #: 178725 ` VERIFICATION I hereby state that am the attorney for Plaintiff in this matter, that. Plaintiff is i outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filling of the pleading, that I am authorized to make this verification pursuant to Pa{R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel inteqds to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 rel6ing to unsworn falsifications to authorities. 9013q t t orney for Plaintiff DATE:& -.1-0 D E C E 0 V E JUN 9 2008 FRANKLIN COUNTY SHERIFF'S OFFICE S f u E - f,C. ??n1 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff VS. PAUL BESECKER, III AMY BESECKER Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3411 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallman & Schmieg, LLP Attorney for Plaintiff By: Fran ' S. Hallman, Esquire Date: 7/9/08 PHS #: 178725 VERIFICATION Jeffrey Stephan Limited Signing Officer hereby states that he/she is So of HOMECOMINGS FINANCIAL, LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: V /o V Loan: 7440745578 Name: T' e: Jeffrey Stephan Limited Signing Officer Company: HOMECOMINGS FINANCIAL, LLC File #: 178725 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff VS. PAUL BESECKER, III AMY BESECKER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 08-3411 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: PAUL BESECKER, III 2 NORTH WATER STREET NEWBURG, PA 17240 AMY BESECKER 2 NORTH WATER STREET, PO BOX 242 NEWBURG, PA 17240-0242 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis . Hallinan, Esquire Date: 7/9/08 ?'' C7 t? ? c? ?? c .??' 'ti: ?? s" . ? ..?.=, . u ?ii ? ,? ., ?. '. "'? ?'?. ?.. FILED--CF-7ir F '-IF THE F1P0TH,",,;'v0TAPY 2010 MAR -9 °M 2: 31 CUMZJ_ 4 i y Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 ,knine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE VS. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-3411 CIVIL TERM *4.m PJD Ai Y e,09,209Q3 PT* a381o'1'7 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against PAUL BESECKER, III A/K/A PAUL W. BESECKER and AMY BESECKER A/K/A AMY L. BESECKER, Defendant(s) for failure to file an Answer to 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 $97,845.15 Interest - 06/03/2008 to 03/05/2010 $14,903.25 TOTAL $112,748.40 I hereby certify that (1) the Defendants' last known address is 2 NORTH WATER STREET NEWBURG, PA 17240, and (2) that notice as een given in accor t17 ith Rule 237.1, copy attached. L ence T. Phelan, Esquire F cis S. Hallinan, Esquire D iel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquir?i Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3 4 !0 PHS # 178725 PROTHONOTARY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE VS. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-3411 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant PAUL BESECKER, III A/K/A PAUL W. BESECKER is over 18 years of age and his last known residence is 2 NORTH WATER STREET, NEWBURG, PA 17240. (c) that defendant AMY BESECKER A/K/A AMY L. BESECKER is over 18 years of age and her last known residence is 2 NORTH WATER STREET, NEWBURG, PA 17240-0242. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. (-'\ U a ence T. Phelanesq., Id. No. 32227 ? r cis S. Hallinan,//Esq., Id. No. 62695 ? DIAniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Jud' T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE VS. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-3411 CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 3 !0 By: DEPUTY If you have any questions concerning this matter please contact: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Juqith T. Romano, Esq., Id. No. 58745 ? eetal R. Shah-Jani, Esq., Id. No. 81760 Jennie R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONL Y ENFORCEMENT OFA LIENAGAINST PROPERTY. ** IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: PAUL WILLIAM BESECKER, III AMY 1. BESECKER Debtors Bk. No. 1:08-bk-04682 MDF Chapter No. 13 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Movant V. PAUL BESECKER, III A/K/A PAUL BESECKER A/K/A PAUL WILLIAM BESECKER, III AMY BESECKER A/K/A AMY L. BESECKER Respondents 11 U.S.C. §362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 2 NORTH WATER STREET, NEWBURG, PA 17240, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, I)IAU, 04e-,?,,A&? - chw Banlplcy Judge NK1 Dated: January 8, 2010 Zh& document is electronically signed andfiled on the saute date. Case 1:08-bk-04682-MDF Doc 58 Filed 01/08/10 Entered 01/08/10 16:34:58 Desc Main Document Page 1 of 1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff v PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-3411 CIVIL TERM CUMBERLAND COUNTY TO: AMY BESECKER, A/K/A AMY L. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240 DATE OF NOTICE: February 22, 2010 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 APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 178725 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: Esq.,)Id. No. 32227 FraancA S. allinan, Esq., Ad. No. b2695 D1 G. hmieg, Es , Id. No. 62205 Michele M. bc4Af%&,-Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R- Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Yhrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 178725 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-3411 CIVIL TERM CUMBERLAND COUNTY TO: PAUL BESECKER, III, A/K/A PAUL W. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240 DATE OF NOTICE: February 22, 2010 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 APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. PHS # 178725 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. Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: - Lawrts'? e . Phelan, Es ., I . No. 32227 Fran .Hallinan, Es ., Id. No. 62695 Daniel G. chmieg, , Id. No. 62205 Michele M. radf , Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 4hrlsovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 178725 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/KIA AMY L. BESECKER Defendant(s) NO. 08-3411 CIVIL TERM CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/06/2010 to Date of Sale ($18.53 per diem) TOTAL s 4614. oo PD Arry 49,00 CBF lip. 00 lol . 41 a 1(0. DO 7$ 50 14.00 u 01.50 -, oZly 4 I - M -rW? $112,748.40 $1,649.17 ° -, _ c: $117,771.07 CO -< n for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Note: Please attach description of property. PHS # 178725 *a.CZ;' bue • 50 Lt' c4jPqa,l 3q3 R-* 0138 '7 I (P RE U)6t4WW_td ?W v ? N ? N 3 ?o ? d W e ¢ WW. N Q p4 c Q . W Q r ?WW W ?+ Qa 0 Qp , U 4 N? Q QN? p ., W H H Oy o U Oa z O? O 21 OVW a W ? U a? WWA OQ pq ad U lS w a O o a k 0 W d W? a ? OM (71 C) N?N??oorr..r?iN ?..o?o?Z NN o Cf) ?ED z1 z??N vri? zZZ°O a?zz vzbZZzo?`OOZ db W;d cs ^?N NW ?W o{a,?,b yWW'?WW d, ??''?WWdW•?WWW"?W U ?w ? ??' go, a ,,, .-, cd v y awA oo000000000000c ao IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: PAUL WILLIAM BESECKER, III AMY 1. BESECKER Debtors U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Bk. No. 1:08-bk-04682 MDF Chapter No. 13 11 U.S.C. §362 Movant V. PAUL BESECKER, III A/K/A PAUL BESECKER A/K/A PAUL WILLIAM BESECKER, III AMY BESECKER A/K/A AMY L. BESECKER Respondents ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 2 NORTH WATER STREET, NEWBURG, PA 17240, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage or take any legal or consensual action enforcement of its right to possession of, or title to, said premises (such actions may include but are not limited to the signing of a deed in lieu of foreclosure or entering into a loan modification agreement) and to allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further; ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the Court, chw Bankru"Judge (M) Dated: January 8, 2010 This document is electmnically signed and,Tled on the same date. Case 1:08-bk-04682-MDF Doc 58 Filed 01/08/10 Entered 01/08/10 16:34:58 Desc Main Document Page 1 of 1 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza _I FILEG- .4 rl J Philadelphia, PA 19103 TARY 215-563-7000 2068 MAl? ! 0 A U.S. BANK NATIONAL ASSOCIATION AS TEE Plaintiff V. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-3411 CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Atto y r Plaintiff PiSelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 i Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff i V. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3411 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2 NORTH WATER STREET, NEWBURG, PA 17240. 1. 2. 3. 4. 5 Name and address of Owner(s) or reputed Owner(s): Name PAUL BESECKER, III AIK/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 2 NORTH WATER STREET -4 NEWBURG, PA 17240 w :. 2 NORTH WATER STREET ' _.. ct,: NEWBURG, PA 17240-0242 r^ rte - ii Address (if address cannot be reasonably M ascertained, please so indicate) . iY Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) New Century Mortgage Corporation 18400 Von Karman; Suite 1000 Irvine, CA 92612 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: N me Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 2 NORTH WATER STREET NEWBURG, PA 17240 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. March 8, 2010 By: Atty r Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ?J Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE 01 VS. : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION : NO. 08-3411 CIVIL TERM PAUL BESECKER, III A/K/A PAUL W. BESECKER CUMBERLAND COUNTY AMY BESECKER A/K/A AMY L. BESECKER Defendant(s) ; NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PAUL BESECKER, III A/K/A PAUL W. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240 AMY BESECKER A/K/A AMY L. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240-0242 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 2 NORTH WATER STREET, NEWBURG, PA 17240 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $112,748.40 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-3411 CIVIL TERM U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE vs. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER owner(s) of property situate in the Cumberland County, Pennsylvania, being (Municipality) 2 NORTH WATER STREET. NEWBURG, PA 17240 Parcel No. 24-21-0390-057A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $112,748.40 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the Western edge of Water Street at corner of other land now or formerly of John L. Rine et ux, which point is approximately 52.51 feet from a railroad spike at the edge of Main Street; thence by property now or formerly of John L. Rine et ux herein, South 73 degrees 19 minutes West 106.73 feet to an iron pin at land now or formerly of Charles Leitzel; thence by Leitzel tract North 16 degrees 49 minutes 16 seconds West 130.31 feet to an iron pin at corner of 12 foot alley; thence by said 12 foot alley North 74 degrees East 108.25 feet to a railroad spike at the Western edge of Water Street; thence by Water Street South 16 degrees 9 minutes East 129.03 feet to a railroad spike at the place of BEGINNING. CONTAINING 0.320 Acres or 13,938.15 square feet, per survey of Boyer-Price Surveying. TITLE TO SAID PREMISES IS VESTED IN Paul Besecker, III and Amy Besecker, h/w, by Deed from Julia V. Bender, single person, dated 11/18/2005, recorded 11/29/2005, in Deed Book 272, page 604. PREMISES BEING: 2 NORTH WATER STREET, NEWBURG, PA 17240 PARCEL NO.: 24-21-0390-057A. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3411 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, Plaintiff (s) From PAUL BESECKER, III a/k/a PAUL W. BESECKER AMY BESECKER a/k/a AMY L. BESECKER (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 $112,748.40 L.L.$.50 Interest from 316110 to Date of Sale ($18.53 per diem) -- $1,649.17 Atty's Comm % Due Prothy $2.00 Atty Paid $260.41 Other Costs Plaintiff Paid Date: 3110/10 ADBuell., honotary (Seal) By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE PHS # 178725 DEFENDANT SERVICE TEAM/ 'in PAUL BESECKER, III A/K/A PAUL BESECKER A/K/A PAUL WILLIAM BESECKER, III COURT NO.: 08-3411 CIVIL TERM AMY BESECKER A/K/A AMY L. BESECKER SERVE AMY BESECKER A/K/A AMY L. BESECKER TYPE OF ACTION AT: XX Notice of Sheriffs Sale 2 NORTH WATER STREET SALE DATE: 06/02/2010 NEWBURG, PA 17240 SERVED Served and made known to fN BESIR 1`FRt Defendant on the ge&y of 4169 CW , 2010 , at oo , o'clock T. M., at 2 K. W /1:TE2 ST; Nfky4gRse PA , in the manner described below: 0 _ Defendant personally served. c Adult family membewith whom Defendant(s) reside(s). ??!.`. - r Relationship is Si3 Q - i _ Adult in charge of Defendant's residence who refused to give name or relationship. ` r_ _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). r- _Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company., Other: - Desccrription: Age 301 Height 5'ri" Weight :240 Race W Sex M Other CD 1, ,?N* -0 MD LL- , a competent adult, being duly sworn according to law, ddepose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CURTY before me this -s2 day NOTARY PUBLIC of 2p STATE OF NTW JERSEY Y COMMI£:ION EXPIRES MARCH 7, 2013 No By: NOT SERVED On the o , 20at o'clock _. M., Defendant NOT FOUND because: _ Vacant - Bad Address No Answer _ Service Refused Other: Sworn to and subscribed before me this _ day By: Notary: - Moved _ Does Not Reside (Not Vacant) ATTORNEY FOR PLAINTIFF Larawrencenck S. T.FlPhdlYeann Eaq., Id. No. 32227 Fanan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Mkhek M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., id. No. 56745 Sheetal R Shah-Jana, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mukahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jahne McGuinness, Esq., Id. No. 90134 Chrisovamote P. Fliskos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R Dunn, Esq., Id. No. 206779 Andrew C. Bnmblett, Esq., Id. No. 208375 one Penn Center at Suburban Station - i AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE PHS # 178725 DEFENDANT SERVICE TEAM/ _an PAUL BESECKER, III A/K/A PAUL BESECKER A/K/A PAUL WILLIAM BESECKER, III COURT NO.: 08-3411 CIVIL TERM AMY BESECKER A/K/A AMY L. BESECKER SERVE PAUL BESECKER, III A/K/A PAUL TYPE OF ACTION BESECKER A/K/A PAUL WILLIAM BESECKER, III XX Notice of Sheriffs Sale AT: 2 NORTH WATER STREET SALE DATE: 06/02/2010 NEWBURG, PA 17240 SERVED Served and made known to _PAUL BE SFCKf.A , Defendant on the 254$ay of ti14jR.c 0 20 ( at rl-' Qv ,o'clock . M. at 2 N. W C?D Afire :2r P A , in the manner described below ? Defendant personally served. 4 - Adult family member with whom Defendant(s) reside(s). Relationship is - ` - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. - Other: j Description: Age &S Height Q„ Weight 940 Race W Sex M Other I, -PAq4feQ . LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 1 .rn :.u Sworn to and subscribed K1tv1BBRLY CURTY before me this 2 ? day NOIARY PUBLIC of /IN Lc?, 2p to. STATE OF NFW 3ERSEY I? MY COMMISSIE3N EXPIRF.5 MARCH 7, 2013 No By. (NNO?T?-SERVED On the day o 20 at o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Bad Address - Moved _ Does Not Reside (Not Vacant) _ No Answer _ Service Refused Other: Sworn to and subscribed before me this day of By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, ?, Id. No. 32227 Frands S. Hadinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Ed. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R Shah-Jani, Esq., Id. No. 81760 Jenine R Davey, Esq., Id. No. 87077 Lauren R Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fllakos, Fsq., Id. No. 94620 Jashna i. Goklmaq Esq., Id. No. 205047 Coartenay R Dunn, Esq., Id. No. 206779 l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff, V. PAUL BESECKER, III A/K/A PAUL BESECKER A/K/A PAUL WILLIAM BESECKER, III AMY BESECKER A/K/A AMY L. BESECKER Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION w No. 08-3411 CIVIL TE Y AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or C 'fied Mail Return Receipt stamped by the U.S. Postal Service is attac to Exhib ' Date: 1'- 4 - !o LJ Lawrence T. PE-eTE Esgz:!?2227 ? Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff ?t IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 178725 f w ai r L Cd U v d L w E 0 a d 3 0 a o ? ? W `r O L .2 Z Q N p ,O ^" V Q O % d ? u 0 h 0 0 a °v cl ?+ Q Q Q, u 04 C C co? ' o M +L.' . O ti h 4 d 0 ? N y Q w it LL L d c0 00 ? O O ?aav??xx x ,?„? on M Cl. ?p u Ix 0 v Q zzza o z « * •? U ? Cb N ' z¢o a ? N 0 l6 L 3000 d'Z. WOSA a3lldW 01.OZ 01 28d. 9SZttV BOZO .' ZO $ oZ5` .may N.90d y5 a V W w Q ?I a a 3 a a U w to Qa ? Q ? a Qx ?a ? M rr vwi O ?Q Q? w? w? aV R R R R R R R R MIS*I`n I0It- I00 I0,I°I1.4 " """I."" e'er a tt O R C y C F C Al C G ? q = ?tdtd++ F C y 7 y Lx oetw° ?°==gam ?`??Yoo c d ° n w ?AgHo $o°ouo 0 ? C W ?w ?gee_ G -. V N C V -w•alcx ?u ? o a tE :? c > V ad u n. w a; z> Fa rn uO T A t°- a ?i Qr W i •, : 300a a+z waa? a???w gSZLtZb000 "r G4k1 ?08 Wt ZO 0111 z C °aa ay al d 0 A? •a' u ? vQ ?4 +^ (5 5: H W ? y G d ? o O y, ? v. O ?jV1 bO3?aax,?3?d;? O a d O w a? d y H ? M d V-4 b ? 04 °? o N h ? O ?, r.. ? ? O ? d ^ +' O ¢ v d d°od?dd?d??p, w of o. b vr3 w ?,•? v.? VI V? ? N w ??? y0 T+ tyxi V-k '.4 Cho a 1# d in O Q O U , oc L ? cd u aQ T `y y e•?n Y? ? y 0 ,oo?cw W bd wuc?y,w M? ? W O w l O Y? ???yyyyyy ? ° a W W N aW 4 a "? ?i d i? 0 iqq .GYM U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff V. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3411 CIVIL TERM CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2 NORTH WATER STREET, NEWBURG, PA 17240. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER 2. Name and address of Defendant(s) in the judgment: 2 NORTH WATER STREET NEWBURG, PA 17240 2 NORTH WATER STREET NEWBURG, PA 17240-0242 Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Newburg Hopewell Joint Authority P.O. Box 128 Newburg, PA 17240 Newburg Hopewell Joint Authority C/O Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) New Century Mortgage Corporation 18400 Von Karman; Suite 1000 Irvine, CA 92612 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7 , Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 2 NORTH WATER STREET NEWBURG, PA 17240 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. MU 3, 2010 By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ® Daniel G. Schmieg, Esq., Id. No. 62205 ?? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 FILED-Ot`FCE OF THE PP'T' 2010 MAY 14 PM 3: 06 Ct1I ITS ' ;rt 4Lj (,?;?FUIM i'cP ivS•,L\44I IA Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff vs PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/X/A AMY L. BESECKER Defendant : I Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. 08-3411 CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006NC2 as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006NC2 is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment has been executed and sent for recording in CUMBERLAND County on or about 05/13/2010. 4&00 P4 Army a V-'4429 RA ay a l alp PHS: 178725 Kindly amend the information on the docket accordingly. Date: May 12, 2010 PHELAN INAN & SCHMIEG, LLP By: L wrence T. Phelan ., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 /3heetal R. Shah-Jani, Esq., Id. No. 81760 Jennie R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff PHS: 178725 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff vs PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Defendant Court of Common Pleas Civil Division _ c o CUMBERLAND County ,_, No. 08-3411 CIVIL TERM Z `. i v W } L .. PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006NC2, located 1100 VIRGINIA DRIVE, P.O. BOX 8300, FORT WASHINGTON, PA 19034. Date: May _ 2010 PHELAN HA L N & SCHMIEG, LLP By: Lawrence T. Phelan, Es , I No. 32227 Francis S. Hallinan, Esq., . No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 -Weetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff rn m 4, ?z J PHS: 178725 bB-3411 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR RAMP 2006NC2, use plaintiff. Date: Ma , 2010 PH AN LINAN & SCHMIEG, LLP By: Lawrence T. Phelan Es Id. No. 32227 Francis S. Hallinan, sq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Ju ith T. Romano, Esq., Id. No. 58745 /oSheetal R. Shah-Jani, Esq., Id. No. 81760 Jenme R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff PHS: 178725 ,S~RfFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor :'r°. n: CLv,, ~ ' ..l'~!i U S Bank National Association vs. Paul Besecker, III (et al.) Case Number 2008-3411 SHERIFF'S RETURN OF SERVICE 04/06/2010 10:59 AM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1057 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 Paul Besecker, III and Amy Besecker, located at, 2 North Water Street, Newburg, Cumberland County, Pennsylvania according to law. 04/06/2010 10:59 AM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1057 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Paul Besecker, III, by making known unto, Amy Besecker,wife, at, 2 North Water Street, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/06/2010 10:59 AM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1057 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Amy Besecker, by making known unto, Amy Besecker, personally, at, 2 North Water Street, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 05/27/2010 Property sale postponed to 8/4/2010. 07/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 7/6/10 SHERIFF COST: $679.86 July 06, 2010 ~r j i r ~ ,~ .. ~ t1 ,1Y ~_ I .. ~ ~~ SO ANSWERS, ~~ RON ~ R ANDERSON, SHERIFF •- .5'~ !.~ mod, ~~ 7L 93S is GcuniySuit~ Sher~tt, iel~~soH. InG. U.S. INK NATION.AT~ ASSOCIATION AS TRUSTEE COURT OF COMMON PLEAS ,aintiff, , CIVIL DIVISION V• ~ N0.08-3411 CIVIL TERM PAUL BESECKER, III A/K/A PAUL W. BESECKER , AMY BESECKER A/K/A AMY L. BESECKER CUMBERLAND COUNTY Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 2 NORTH WATER STREET, NEWBURG, PA 17240. 1 2. 4. 5. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) PAUL BESECKER, III 2 NORTH WATER STREET A/K/A PAUL W. BESECKER NEWBURG, PA 17240 AMY BESECKER 2 NORTH WATER STREET A/K/A AMY L. BESECKER NEWBURG, PA 17240-0242 Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE `' '` `' -; 7 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) New Century Mortgage Corporation 18400 Von Karman; Suite 1000 Irvine, CA 92612 Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the~sale: , Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 2 NORTH WATER STREET NEWBURG, PA 17240 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 8, 2010 By: 6 Att y or Plaintiff Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ Sheetal R. Shah-Jani, Esq., Id. No. 81760 ^ Jenine R. Davey, Esq., Id. No. 87077 ^ Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 ~. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE vs. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION N0.08-3411 CIVIL TERM CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: PAUL BESECKER, III AMY BESECKER A/K/A PAUL W. BESECKER A/K/A AMY L. BESECKER 2 NORTH WATER STREET 2 NORTH WATER STREET NEWBURG, PA 17240 NEWBURG, PA 17240-0242 * *THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 2 NORTH WATER STREET, NEWBURG, PA 17240 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $112,748.40 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value'of your property: 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution N0.08-3411 CIVIL TERM U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE vs. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER owner(s) of property situate in the Cumberland County, Pennsylvania, being (Municipality) 2 NORTH WATER STREET NEWBURG PA 17240 Parcel No. 24-21-0390-057A (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $112,748.40 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land situate in Borough of Newburg, Cumberland County, Pennsylvania, more fully bounded and described as follows, to wit: BEGINNING at a railroad spike in the Western edge of Water Street at corner of other land now or formerly of John L. Rine et ux, which point is approximately 52.51 feet from a railroad spike at the edge of Main Street; thence by property now or formerly of John L. Rine et ux herein, South 73 degrees 19 minutes West 106.73 feet to an iron pin at land now or formerly of Charles Leitzel; thence by Leitzel tract North 16 degrees 49 minutes 16 seconds West 130.31 feet to an iron pin at corner of 12 foot alley; thence by said 12 foot alley North 74 degrees East 108.25 feet to a railroad spike at the Western edge of Water Street; thence by Water Street South 16 degrees 9 minutes East 129.03 feet to a railroad spike at the place of BEGINNING. CONTAINING 0.320 Acres or 13,938.15 square feet, per survey of Boyer-Price Surveying. TITLE TO SAID PREMISES IS VESTED IN Paul Besecker, III and Amy Besecker, h/w, by Deed from Julia V. Bender, single person, dated 11/18/2005, recorded 11/29/2005, in Deed Book 272, page 604. PREMISES BEING: 2 NORTH WATER STREET, NEWBURG, PA 17240 PARCEL NO.: 24-21-0390-057A. WRIT OF EXECUTION and/or ATTACHMENT 4 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3411 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, Plaintiff (s) From PAUL BESECKER, III a/Wa PAUL W. BESECKER AMY BESECKER a/Wa AMY L. BESECKER (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 $112,748.40 L.L.$.50 Interest from 3/6/10 to Date of Sale ($18.53 per diem) -- $1,649.17 Atty's Comm % Due Prothy $2.00 Atty Paid $260.41 Plaintiff Paid Date: 3/10/10 (Seal) Other Costs David D. Buell, Pr thonotary By: Deputy REQUESTING PARTY: Name: COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Newburg, Cumberland County, PA, Known and numbered, 2 North Water Street, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By• Real Estate Coordinator 0 ~ .~ 'd ~ 1 L~~n, O~~l ~~ ~ ~~ _ - ' ~ -The Patriot-News Co. 2020 Technolggy Plewy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Y2~e ~lahiot News Now you know CARLISLE PA 17013 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: ~ Wrlf Na. 2M11 CMI'Ibrrn td,8 BaMc ~ Awoal~on 1 Ys. P.a~lF~e~rlo~;`~ alk/a Patr~N. Bsr~darr atkbt A1~grL r .Atty: D~rtiila~°d Sc1r , By vutuo of a Wtit of Execution No. 08'3411 u.~. snxx rrn~lotvAi, AssociAZ>oN ns TRUSTEE ~~ PAUL EESECK$R, tTI aliJa PAUL 'W. BESECKER AMY BESECKBit a~/aA1-~n~~. BESECKER anner{s) of propeAy sia m the Glimberland County, Penasylvama, beq~(Mtwiapal„iq~}2 NORTH WATER ST11; NBWB(TRG, PA 17240 Parcel Nu. 24-21~d390,057A (AaN~1 t# gttwt.ti~naa} taoprovemcats t6~,eoa; sIIlEtV'ft,4t, DWELLING 'IUflt71~t~,iNT AAEOUNT: SI~,748.40 04/16/10 (votary Nublic COMMONWEALTH OF PENNSYLVANUI Nalartal Seal Sherrie 1. Klsner, Notary PubBc Lower Paxton TWp., Dauphki County My Commisslort Expires Nov, 26 2011 Member, Pennsylvania Asaociatton of Noprles 0 A.D. 04/23/10 04/30/10 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: April 16, Apri123, and Apri130, 2010 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. Writ No. 2008-3411 Civil U S Bank National Association as Trustee vs. Paul Besecker, III a/k/a Paul W. Besecker Amy Besecker a/k/a Amy L. Besecker Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 08-3411 CIVIL U.S. BANK NA- TIONALASSOCIATION AS TRUSTEE vs. PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECK- ER A/K/A AMY L. BESECKER owners of property situate in the Cumberland County, Pennsylvania, being 2 NORTH WATER STREET, NEWBURG, PA 17240. Parcel No. 24-21-0390-057A. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $112,748- .40. ~- yi~~ ' a Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 30 day of April. 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Comma:slop Expires Apr 28, 2014 ~, • « Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION AS Court of Common Pleas TRUSTEE Plaintiff Civil Division vs PAUL BESECKER, III A/K/A PAUL W. BESECKER AMY BESECKER A/K/A AMY L. BESECKER Defendant CUMBERLAND Coux r- - No. 08-3411 CIVIL Ttk- • V•' ' Cr PR A F('iPF TO THE PROTHONOTARY: -T: CD -r t _.E Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: 16 1 S PHS# 178725 By: HALLINAN & SCA41EG, LLP La en e T. Me' an,-Esq.,Tr o. 32227 Fr cis . Hallinan, Esq., Id. No. 62695 Da . Schmieg, Esq., Id. No. 6220 Miiee M. Bradford, Esq., Id. No. 6 849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 817 Jenine R. Davey, Esq., Id. No. 870777 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorneys for Plaintiff ( $?`dD?A a Ck-? ? i? as a3 PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Plaintiff vs PAUL BESECKER, III ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County A/K/A PAUL W. BESECKER No. 08-3411 CIVIL TERM AMY BESECKER A/K/A AMY L. BESECKER Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: PAUL BESECKER, III A/K/A PAUL W. BESECKER 2 NORTH WATER STREET NEWBURG, PA 17240 AMY BESECKER A/K/A AMY L. BESECKER 2 NORTH WATER STREET PO BOX 242 NEWBURG, PA 17240-0242 Date: U 1' By: L w ence r Phelan, esq., M. No. 3 27 F is S. Hallinan, Esq., Id. No. 6 695 205 a el G. Schmieg, Esq., Id. NJ69849 i hele M. Bredford, Esq., Id. J ith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 8?0 Jenine R. Davey, Esq., Id. No. 8707 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., I'd. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff