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HomeMy WebLinkAbout08-3559 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 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 179320 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ®r, 3 S9 C J? -?crM CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179320 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 #: 179320 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 #: 179320 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 #: 179320 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 11/24/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR SUPERIOR HOME MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1846, Page 2280. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2008 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. File #: 179320 6. The following amounts are due on the mortgage: Principal Balance $111,956.57 Interest $3,699.81 12/01/2007 through 06/11/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 11/24/2003 to 06/11/2008 Cost of Suit and Title Search 550.00 Subtotal $117,456.38 Escrow Credit ($374.91) Deficit $0.00 Subtotal 374.91 TOTAL $117,081.47 7. 8. 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 parry purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 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. File #: 179320 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $117,081.47, together with interest from 06/11/2008 at the rate of $19.17 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 LA N E T. PHE AN, ESQUIRE F NCI S. HALLINAN, ESQUIRE ANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE ? /VVIVEK SRIVASTAVA, ESQUIRE ?JAY B. JONES, ESQUIRE 0w14- PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 179320 LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Eastwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of File #: 179320 one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road. PREMISES: 156 NEWVILLE ROAD, NEWBURG, PA 17240 PARCEL: 11-08-0601-043 File #: 179320 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 unworn falsifications to authorities. orn for Plai iff 1 Jam. 146s ?- DATE: - I?-0la rti ?rzCa :-- s. P I T f 3 rt. low CASE NO: 2008-03559 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS BREHM WILLIAM C III WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BREHM WILLIAM C III the DEFENDANT , at 2016:00 HOURS, on the 17th day of June , 2008 at 156 NEWVILLE ROAD NEWBURG, PA 17240 WILLIAM BREHM III by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 20.00 Affidavit .00 Surcharge 10.00 . ylo? v1--48 .0 00 0 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 06/18/2008 PHELAN HALLINAN SCHMIEG By: Deputy Sheriff A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03559 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS BREHM WILLIAM C III R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT BREHM WILLIAM C III but was unable to locate Him in his bailiwick. He therefore returns the e1t-%T/fTIT T TATT Tff/IT m T'?/lT1T the within named DEFENDANT NOT FOUND , as to BREHM WILLIAM C III 5222 SIMPSON FERRY ROAD MECHANICSBURG, PA 17055 DEFENDANT HAS NOT LIVED AT GIVEN ADDRESS FOR 10 YEARS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 6/-7 q1o 21.00- 1.0 0 So ans So ?" R Thomas Kline Shf of Cumberland County PH HALLINAN SCHMIEG 06/18/2008 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff VS. WILLIAM C. BREHM, III Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3559-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. Date: [ o -0? Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, Es wire PHS #: 179320 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff VS. WILLIAM C. BREHM, III Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3559-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240 Date: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: -4\vy?u ?' V? ukoy-?' ?? Francis S. Hallinan, E quire VERIFICATION Nicole Miles hereby states that he/she is Vice President of Loan Documentation of WELLS FARGO BANK, N.A., 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. Na e: Nicole Miles DATE: 06/13/2008 Title: Vice President of Loan Documentation Company: WELLS FARGO BANK, N.A. Loan: 0191675883 File #: 179320 r 1l (( J' : y 1 . Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240 Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3559-CIVIL TERM 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 WILLIAM C. BREHM, III, 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 Plaintiffs damages as follows: As set forth in Complaint Interest - 06/12/2008 -11/04/2008 TOTAL $117,081.47 $2,798.82 $119,880.29 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy Daniel G. Sclunieg, E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: / ?nR PHS# 179320 PRO PROTHY Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center Plaza 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 320-0007 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3559-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM C. BREHM, III is over 18 years of age and resides at 156 NEWVILLE ROAD, NEWBURG, PA 17240. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. I, Daniel G. Schmieg, F Attorney for Plaintiff '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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff V. WILLIAM C. BREHM, III Defendant(s) TO: WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240 DATE OF NOTICE: October 21, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY IN)ORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND- SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 49-3166 i JASON RICCO Legal Assistant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-3559-CIVIL TERM CUMBERLAND COUNTY PHS # 179320 40- ?? O .,a D O V t`a C z -1 - C=) 771 .axe G.n ' =rc y ??` f a7 (Rule of Civil Procedure No. 236) - Revised US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI VS. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3559-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on k)pv sK , 2008. By: "a Ao If you have any questions concerning this matter ease cont t: "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRE VIOUSL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** iel G. Schmieg, Es ire Attorney or Party Filin 1617 JFK Boulevard, Ste. 1400 Philadelphia, PA 19103 (215) 563-7000 ?4. Y Y.,. ` . .4.. 'P:. x. (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI Plaintiff, V. WILLIAM C. BREHM III Defendant(s). TO THE PROTHONOTARY: No. 08-3559-CIVIL TERM Issue writ of execution in the above matter: Amount Due Interest from 11/05/2008 - 03/04/2009 (per diem -$19.98 ) TOTAL $119,880.29 $2,397.60 and Costs $ 122,277.89 IYA_I?ln G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a re resentative of the 1 ntiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the laintiff is not present at the sale. 179320 a O? A U Z 00 W c W V N W ,., ^ H O CC zG ? a en H (, ? W a W O 064 ?W F, ? ra a 0v m 90- . S0 -a 0 0 rO w 0 I a a un vA b d i N ` M 4 a H 9. ii? ?9, 00 . V{ O IA 0 4 O 0 0 0 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3559 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for GSMPS 2006-RPI, Plaintiff (s) From WILLIAM C. BREHM III (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 $119,880.29 L.L. $.50 Interest from 11105/08 - 3/04/09 (per them - $19.98) -- $2,397.60 and Costs Atty's Comm % Atty Paid $188.00 Plaintiff Paid Date: 11/26/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Ak . ME= is R. Lon Aroono y By: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-01 Plaintiff, V. . WILLIAM C. BREHM III Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3559-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X ) an FHA mortgage ( ) non-owner occupied ( ) vacant () Act 91 procedures have been fulfilled I This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Attorney for Plaintiff ?-y ra - ?. LAD cxa TI -? . ice US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. WILLIAM C. BREHM III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3559-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,156 NEWVILLE ROAD, NEWBURG, PA 17240. 1. Name and address of Owner(s) or, reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of very judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGASTERATION 8201 GREENSBORO DRIVE SYSTEMS, INC. SUITE 350 MCLEAN, VA 22102 MORTGAGE ELECTRONIC REGISTRATION 3300 SW 34`h AVENUE SYSTEMS, INC. SUITE 101 OCALA, FL 34474 MORTGAGE ELECTRONIC REGISTRATION P.O. Box 2026 SYSTEMS, INC. Flint, MI 48501-2026 BUREAU OF COMPLIANCE DEPARTMENT 280946 CAPITAL ONE BANK P.O. BOX 281230 HARRISBURG, PA 17128 6851 JERICHO TURNPIKE #190 SYOSSET, NY 11791 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 156 NEWVILLE ROAD NEWBURG, PA 17240 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare TPL Casualty Unit Estate Recovery Program DIANE G. RADCLIFFE C/O CINDY BREHM STACY B. WOLF C/O CINDY BREHM I verify that the statements knowledge or information and be penalties of 18 Pa. C.S.A. § 4904 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 3448 TRINDLE ROAD CAMP HILL, PA 17011 PA SUPREME COURT 4720 OLD GETTYSBURG ROAD # 405 MECHANICSBURG, PA 17055 in this affidavit are true and correct to the best of my personal at false statements herein are made subject to the I understan ne to un orn sification to authorities. r /1 r-, l , n 7 November 25, 2008 DATE DANIEL G. SCHM Fib A, ES Attorney for Plaintiff V US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. WILLIAM C. BREHM III Defendant(s). CUMBERLAND COUNTY No. 08-3559-CIVIL TERM November 25, 2008 TO: WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIEN AGAINST PROPERTY. ** Your house (real estate) at, 156 NEWVILLE ROAD, NEWBURG, PA 17240, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,880.29 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI (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 Sheriffs 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 at{orney's fees due. To find out how much you must pay, you may call: (215) 56377000. 2. You may be able to sto the sale by filing a petition asking the Court to strike or open the judgment, if the judgm nt was improperly entered. You may also ask the Court to postpone the sale for g od 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.) I . If the Sheriff s Sale is not istopped, 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 (717) 240-6390. 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 schedule of distribution of the money bid for yo house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiv ng that money. The money will be paid out in accordance with this schedule unless exceptions (reaso s why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the d stribution is filed. 7. You may also have other ri hts 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. IMPORTANT NOTICE: This prop rty is sold at the direction of the plaintiff. It may not be sold in the absence of a re resentative f the laintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. COUNTY ATTORNEY REFERRAL ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE ..AND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 V LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Ea twardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann a d Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southward along the said land and land now or formerly of Herman Keeseman, three hundred sixty-tight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) 'feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road. TITLE TO SAID PREMISES IS VESTED IN William C. Brehm 111, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w, dated 11/24/2003, recorded 11/26/2003, in Deed Book 260, page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, PA 17240 PARCEL NO. 11-08-0601-043 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-3559-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 hereby verify that true and correct copies of the Notice of Sheriff s sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: January 30, 2009 Hitorney for riainuu a W W Q r?fl a i y'CE 0.3 d1Z W08-4 0!3r" r ? 8ooz as otioatL°io . 4 . d ? a ° o ;r o p °o td r d „ pw U ' O ? `n " ?" H ^ r W P• ' `?' ? d r cd 7 ??, N y QCD > ? w, m Q Oo pG d W to NA 3 .,?::) a? w `L r ? `f' d O w ° Ad ad ?: " ? a3^ac4Ur' A m PI4 cch 0 p°?° a?'• ?'M Q r- 3 d oo?oO{t1 cW7?` Y ? *5 a 0 p7O E- p P ? Wd 7 p' C o03 p A??CC7 U O cU? .-A 064 a? ? a? y ya W p a W ?3O??,Fw``,pv?Oad?A? 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C` r' co Y o: W a U ?T b c4 v 0 A o ? x? na ..a ? s+? 23 f co FJJ si ^ t rv% W 1 z l Z A N N US Babk National'Association, as Trustee The Court of Common Pleas of For GSMPS 2006-RP1 Cumberland County, Pennsylvania VS Writ No. 2008-3559 Civil Term William C. Brehm, III Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 19, 2008 at 1635 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: William C. Brehm, III, by making known unto William C. Brehm, III personally, at 156 Newville Road, Newburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1911 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 William C. Brehm, III located at 156 Newville Road, Newburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William C. Brehm, III, by regular mail to his last known address of 156 Newville Road, Newburg, PA 17240. This letter was mailed under the date of January 9, 2009 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing 30.00 Poundage 21.60 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 34.20 Levy 15.00 n C Surcharge 20.00 7) t-f) = Postpone sale 40.00 F .-, X- T'd -¢ M Law Journal 449.00 r--., -n Patriot News 443.84 Share of bills 15.52 $ 1,101.66 ? s/?l a4 ?.rn So Answers: a' ?v - R. Thomas Kline, 4e e BY RCoordinator & US BANK NATIONAL ASSOCIATION, AS 'TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. WILLIAM C. BREHM III Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3559-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1, Plaintiff in the above action, by its attorney, DANIEL G. SCBMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,156 NEWVILLE ROAD, NEWBURG, PA 17240. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 2. Name and address of Defendant(s) in the judgment: 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTERATION 8201 GREENSBORO DRIVE SYSTEMS, INC. SUITE 350 MCLEAN, VA 22102 MORTGAGE ELECTRONIC REGISTRATION 3300 SW 34'h AVENUE SYSTEMS, INC. SUITE 101 OCALA, FL 34474 MORTGAGE ELECTRONIC REGISTRATION P.O. Boa 2026 SYSTEMS, INC. Flint, MI 48501-2026 BUREAU OF COMPLIANCE DEPARTMENT 280946 CAPITAL ONE BANK P.O. BOX 281230 HARRISBURG, PA 17128 6851 JERICHO TURNPIKE #190 SYOSSET, NY 11791 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower 156 NEWVILLE ROAD NEWBURG, PA 17240 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare ' TPL Casualty Unit Estate Recovery Program DIANE G. RADCLIFFE C/O CINDY BREHM STACY B. WOLF C/O CINDY BREHM P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 3448 TRINDLE ROAD CAMP HILL, PA 17011 PA SUPREME COURT 4720 OLD GETTYSBURG ROAD # 405 MECHANICSBURG, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal false statements herein are made subject to the knowledge or information and belief. I undersn penalties of 18 Pa. C.S.A. § 4904 relating to un sificat ion to authorities. November 25, 2008 DATE DANIEL G. SCHM F6, ES Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, V. WILLIAM C. BREHM III Defendant(s). CUMBERLAND COUNTY No. 08-3559-CIVIL TERM November 25, 2008 TO: WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 156 NEWVILLE ROAD, NEWBURG, PA 17240, is scheduled to be sold at the Sheriffs Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $119,880.29 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1(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 Sheriffs Sale, you must take immediate action: The sale will be cancelled 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. 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Eetwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road. TITLE TO SAID PREMISES IS VESTED IN William C. Brehm III, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w, dated 11/24/2003, recorded 11/26/2003, in Deed Book 260, page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, PA 17240 PARCEL NO. 11-08-0601-043 WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) ' NO 08-3559 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for GSMPS 2006-RP1, Plaintiff (s) From WILLIAM C. BREHM III (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 $119,880.29 L.L. $.50 Interest from 11/05/08 - 3/04/09 (per diem - $19.98) -- $2,397.60 and Costs Atty's Comm % Atty Paid $188.00 Plaintiff Paid Date: 11/26/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs urtis R. Lo , rothonota By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BLVD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #65 On December 15, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA Known and numbered as 156 Newville Road, Newburg 0) more fully described on Exhibit "A"1 filed with this writ and by this reference incorporated herein. Date: December 15, 2009 By: Real Estate ergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. is Marie Coyne, Edi or SWORN TO AND SUBSCRIBED before me this 13 day of February 13, Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28. 2010 FJM IWATS AMA NO. 65 Writ No. 2008-3559 Civil US Bank National Association as Trustee for GSMPS-RP1 VS. William C. Brehm III Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Town- *hip, Cumberland County, Penn- +q da, E ounded and described as BEGINNING at a point on State 1r 641 at line of land now or foemazly of Herold liner; thence along the said road Eastwardly two hundred (200) feet to line of land now or formerly of H. Vincent Esch- enmann and Florence A. Eschen- mann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said KitzmMer land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Nowrviile Read. TITLE TO SAID PREMISES IS ti?VMD IN William C. Breba III, a"t man, by Deed from M ael L. Cramer and Wendy S. Cramer, h/w, dated 11/24/2003, recorded 11/26/2003, in Deed Book 260, page 2701. PREMISES BEING: 156 NEW VILLE ROAD, NEWBURG, PA 17240. PARCEL NO. 11-08-0601-043. The Pat-riot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4ePatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 65 Writ No. 2008-3559 Civil Term US Bank National Association as Trustee for GSMPS-RP1 VS William C. Brehm, III Attorney Daniel Schmieg LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Eastwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at he of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction; a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road. TITLE TO SAID PREMISES IS VESTED IN William C. Brehm III, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w, This ad ran on the date(s) shown below: 01 /21 /09 01/28/09 f? d before me thiS'25%day of February, 2009 A.D. Sworn to and 44e' Notary Public WiVlMON1lt Ek _f- ;?cNl`cSYLVAN .',- RIOa Sherrie L. K: 7,, arotary Pubic City Of Martist,un-„ Dauphin County pp My Comrttissirs," ... x.u?s Nov. 28, 2011 E Member, Penns- yl r.;,. ;",.;?,ntkm of Noteriet, That he is the Assistant Con'rcller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its prircipal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY REAL ESTATE SALE NO. 65 Writ No. 2008-3559 Civil Term US Bank National Association as Trustee for GSMPS-RP1 VS William C. Brehm, 111 Attorney Daniel Schmieg LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller, thence along the said road Eastwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Mumiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Heenan K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road. TITLE TO SAID PREMISES IS VESTED IN William C. Brehm III, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w, dates 11/2412003, recorded 11/26/2003, in Deed Book 260, page 2701. PREMISES BEING: 156 NEWVII.LE ROAD, NEWBURG, PA 17240 .. PARCEL NO. 11-08-W 1-043 This ad ran on the date(s) shown below: 01/21109 01/28/09 02/04/09 r.. Sworn to and ubsc ed before me this 25/day of February, 2009 A.D. Notary Public ?%OMIVONVV v >T Nl`YLy'1,W N_Z, 'n; "P-" Sherrie L. k,rtary public CIly Of Hatt S0U-- , OauPhin County 1: My Cortnrttasia•° `.x,,rS Nov. 26, 2011 Member, Pennsyjv, ; % ', ::i»tlnn of Nota?iet+ 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff US Bank National Association, as Trustee for GSMPS 2006-RP1 Plaintiff vs William C. Brehm, III Defendant : I Court of Common Pleas : I Civil Division Cumberland County No. 08-3559-CIVIL-TERM PHS# 179320 TO THE PROTHONOTARY: PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date: August 18, 2009 PIkELAN HALLINAN & SCHMIEG, LLP By: Lawre T. Phelan, Es ., 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. 81]GO 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 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 Attorneys for Plaintiff FILEB 0 ?; ur . ,?RR1( OF THE 2009 SEP 16 All 9: 5 7