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HomeMy WebLinkAbout04-1549 MILSTEAD & ASSOCIATES, LLC By: Corina M. Connors, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cheny Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC 1750 Viceroy Drive Dallas. TX 75235 Plaintiff Vs. Bart K. Timmerman 101 N 2nd Street Wormleysburg, PA 17043 Kathy A. Timmerman 101 N 2nd Street Wormleysburg. PA 17043 The United States of America c/o US Attorney General Harrisburg Federal B1dg & Courthouse 228 Walnut Street, Ste 220 PO Box 11754 Harrisburg, P A 17108 Defendant( s) o. COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 0 'f - /S"'I'1 Cux; l~ CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages. you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)249-3166 800-990-9108 ********AAAA~AAAAAAA~AAAAAAAAAAAAAAAAAAAAAAAAAAA*AAAAAAAAAAAAAAAA****************AAAAAAAAAAAAAAAAk NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT AAAAAAAAAAAAAAAAAAAAAAAA4AAA4AAA4AAA4AAAAAAAAAAAAAA*********AAAAAAAAA*AAAAAAAAAA****************** 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgement will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC By: COlina M. Connors, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry HilI, NJ 08002 (856) 482- I 400 Attorney for Plaintiff Centex Home Equity Company, LLC 1750 Viceroy Drive Dallas, TX 75235 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY ; No.: 0'1- /S"'f9 Cu...;) lu- Vs. Bart K. Timmerman 101 N 2nd Street WormIeysburg, PA 17043 Kathy A. Timmerman 101 N 2nd Street Wormleysburg, PA 17043 The United States of America c/o US Attorney General Harrisburg Federal BIdg & Courthouse 228 Walnut Street, Ste 220 PO Box 11754 Harrisburg, PA 17108 Defendant(s) CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE I. Plaintiff, Centex Home Equity Company, LLC, is a mortgage company, having an office and place of business at 1750 Viceroy Drive, Dallas, TX 75235, 2, Defendants, Bart K. Timmerman and Kathy A. Timmerman, are the real owners of the premises hereinafter described, 3. Bart K. Timmerman, Defendant, resides at 101 N 2nd Street, Wormleysburg, PA 17043 and Kathy A. Timmerman, Defendant, resides at 101 N 2nd Street, Wormleysburg, PA 17043. 4. On January 25, 1999, Defendants, Bart K. Timmerman and Kathy A. Timmerman, executed and delivered to Centex Home Equity Corporation a note (the "Note") and mortgage (the "Mortgage"). The Mortgage was recorded on February 3, 1999 in the Department of Records in and for the County of Cumberland under Mortgage Book 1517, Page 835. Pursuant to Pa.R.C.P, 1019 (g) the mortgage is incorporated herein by reference. 5, The said Note and Mortgage were in the principal amount of $42,750.00, with interest thereon at 10.8% per annum, payable as to the principal and interest in equal monthly installments of $400.68 commencing March I, 1999. 6. The Mortgage covers the following real estate (the "Mortgaged Premises"): 101 N 2nd Street, Wornleysburg, PA 17043. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7, The mortgage is in default because payments of principal and interest due December 1, 2003, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees, 8. The following amounts are due on the Mortgage and Note: Balance of Principal $41,770.45 Accrued but Unpaid Interest from 11/1/03 through 4/6/04 @ 10.8% per annum ($12.36 per diem) $ 1,952.88 Acrrued Late Charges Title Search Fees Corporate Advance Reasonable Attorney's Fees TOTAL as of 4/6/04 $ 299.81 $ 250.00 $11,703.45 $ 1250.00 $57,226.59 Plus, the following amounts accrued after 4/6/04: Interest at the Rate of 10.8% per annum ($12.36 per diem); Late Charges of $20.03 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P.S.SI680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendants at 101 N 2nd Street, Wormleysburg, P A 17043 on February 27, 2004, the notice pursuant to S 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. I O. The United States of America is being sued pursuant to 28 U,S.c. Section 24 I 0 relating to Federal Tax Liens. A Copy of the Tax Lien(s) information pertinent thereto is attached hereto as Exhibit "c" and made a part hereof. The same is incorporated herein by reference as if fully set forth at length. WHEREFORE, Plaintiff demands an in rem judgment against the Defendants for foreclosure and sale of the mortgaged premises in the amount due as set forth in paragraph 8, namely, $57,226.59, plus the following amounts accruing after 4/6/04, to the date of judgment: (a) interest of $12.36 per day; late charges of $20.03 per month; plus interest at the legal rate allowed on judgments after the date of judgment, additional attorney's fees (if any) hereafter incurred, and costs of suit. Corina M. Connors, Esquire Attorney for Plaintiff VERIFICATION I, Corina M. Connors, hereby certifY that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf, I verifY that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authori Name: Corina M. Connors, Esquire Title: Attorney ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Wormleysburg, Cumberland County, Commonwealth of Pennsylvania, more particularly described in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated January 9, 1979, as follows, to wit: BEGINNING at a point at the Northeast corner of the intersection of Second and Chestnut Streets; thence along the Easterly line of Chestnut Street; North twenty-one degrees seventeen minutes zero seconds West, Twenty-five feet (N 21 degrees IT 00" W. 25') to an X-cut in concrete made at the dividing line between herein described property and the property known as 103 Second Street; thence along the dividing line between said properties and through the center of a partitioned wall and beyond, North sixty-eight degrees forty-three minutes zero seconds East, one hundred fifty feet (N 68 degrees 43" 00' E., 150') to a hub along the Western line of River Alley; thence along said Western line of River Alley, South twenty-one degrees seventeen minutes zero seconds East, twenty-five feet (S 21 degrees IT 00" E, 25') to a nail; thence along the Northern line of Chestnut Street, South sixty-eight degrees forty-three minutes zero seconds West, one hundred fifty feet (S 68 degrees 43' 00" W., 150') to a point, the place of beginning. HAVING THEREON ERECTED a two story frame dwelling house with detached block garage known as 101 North Second Street. BEING Lot No. 34, on Plan of V. H. Berghause, recorded in Deed Book "L", Volume 4, Page 1, in the Cumberland County Recorder's Office. Tax Parcel #47-20-1858-030 Michael J. Milstead, Esq mkhael@milsteadlaw.com MILSTEAD & ASSOCIATES, LLC Attorneys at Law Woodland Falls Corporate Park 220 Lake Drive East, Ste 301 Cherry Hill, New Jersey 08002 TEL (856) 482-1400 FAX (856) 482-9190 Philadelphia Address: 235South 13lb5treet Philadelphia, PA 19107 Corina M. Caniz, Esq. PA &: NJ ccaniZ@milsleadlaw.com Lisa Ann Thomas, Foreclosure Administrator IthomaS@milsleadlaw.com Please Reply To: NJ Office Our File No. 04.9-02401 FEBRUARY 27, 2004 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage of your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to Help save YOUr home. This notice explains how the pro(l1am works. To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies servicing your County are listed at the end of this Notice, If you have any questions. YOU may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearing can call (717) 780-1869. This Notice contains legal information. If you haye any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR V1VIENDO EN S1 CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIF1CAC10N OBTENGA UNA TRADUCCION 1MMEDIA T AMENTE LLAMANDO EST A AGENC1A (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENC10NADO ARRlBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO" HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DAL V AR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. MORTGAGOR'S NAME: MAILING ADDRESS: LOAN ACCT NO.: CURRENT LENDER/SERVICER: Bart K. Timmerman and Kathy A. Timmerman 101 North Second Street, Wormleysburg, PA 17043 245101076 Centex Home Equity Company, LLC YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WmCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOUR MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS IF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"). YOU MAY BE ELIGffiLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for tbirty (30) days from the date oftbis Notice. During that time you must arrange and attend a "face-to-face" meeting with one oftbe consumer credit counseling agencies listed at the end oftbis Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT' EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at tbe end of this notice, the lender may NOT take action against you for thirty (30) days after the date oftbis meeting. The names. addresses and telephone numbers of designated consumer counseling ag.encies for the cOunty in which tbe property is located are set forth at tbe end of this Notice, It is only necessary to schedule one face-to.face meeting. Advise your lender immediatelv of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face.to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after its receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILmG OF A PETITION m BANKRUPTCY, THE FOLLOWING PART IF TillS NOTICE IF FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN A ATTEMPT TO COLLECT THE DEBT. (Uyou have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 101 North Second Street, Wormleysburg, PA 17043 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: December 1, 2003 - February 1,2004 at $400.68 per month = $1,202,04 Late Charges. $279.78 Property Taxes - $3,051.71 Property Insurance - $1,133.31 Suspense Balance - ($101.00) TOTAL AMOUNT PAST DUE: $5,565.84 HOW TO CURE THE DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO, THE LENDER WHICH IS $5,565.84, PLUS ANY MORTGAGE PAYMENTS AND LA TE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either bv cash, cashier's check or monev order made pavable and sent to: Centex Home Equitv Companv 1750 Viceroy Dallas. TX 75235 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgaged debt If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be requ;red to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO THE SHERIFF'S SALE - If you have no cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage, Curing the default in the manner set forth in this uotice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months from the date of this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment of tile action will be by contacting the lender, HOW TO CONTACT THE LENDER: Name of Lender: Address: Centex Home Equity Company 1750 Viceroy Dallas, TX 75235 1-888-850-9398 Phone Number: Contact Person: Default Management EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You mayor XX may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to it at the sale and that the other requirements of the mortgage are satisfied. Please contact: Centex Home Equity Company 1750 Viceroy Dallas, TX 75235 1-888-850-9398 YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE TillS DEFAULT CURED BY ANY TillRD PARTY ACTING ON YOUR BEHALF TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEF AUL T HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE TillS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDER YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS TO ASSERT ANY OTER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. Michael J, Milstead, Esq. Milstead & Associates, LLC FEDERAL TAX LIEN I Federal Tax Lien #2000-7062, filed October 13,2000, United States Internal Revenue Service Versus Bart K. Timmerman and Kathy A. Timmerman in the amount of$399.28. 2, Federal Tax Lien #2000-7063, filed October 13, 2000, United States Internal Revenue Service Versus Bart K. Timmerman in the amount of$5,180.20. " "-' \:> ~ -:, ~-.) -;-1 :r:'" ---I [il "..l I )>.~ I ! f'v r ~ F (/\ ) C><'J (.l ., 0<} .. .....:.:..' lv, .. ~ l '" " Vi V 'd MILSTEAD & ASSOCIATES, LLC By: Corina M. Connors, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 222-1508 Attorneys for Plaintiff Our File: 04-9-02401 Centex Home Equity Company, LLC Plaintiff COURT OJ' COMMON PLEAS CUMBERLAND COUNTY Vs. Bart K. Timmerman Kathy A. Timmerman The United States of America Defendant No.: 04-1549 Civil Term AFFIDAVIT OF SERVICE I, Corina M. Connors, Esquire, of full age, being duly sworn according to the law, upon my oath, depose and say: On April 26, 2004, The United States of Americas, Defendant, was served with the Complaint in Mortgage Foreclosure at 10th & Constitution Avenue, Washington, DC 20530 by certified mail, return receipt requested. A copy of the executed c(:rtified card is attached hereto and made a part hereof as Exhibit "A". M. Connors, Esquire Attorney ID #83509 ~ SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: 'Iv.. lJ.~'ttcl. 5+1++es cf J4m,,-n<:.4, Q.luLl5 Mtw,~ CI.e.nwLl \\J~" cot CCf\f,+ltlL'hnt. J'\\I.L l~if\crn \ Uc.., rJ D6'JD 2. Article Number (Transfer from service fabelj PS Form 3811, August 2001 COMPLETE THIS SECTION ON DELIVERY A. Signature x o Agent o Addressl C. Date of Deliva B. Received by (Pn'nted Name) O. Is delivery address different from item 1? If YES, enter d~livery address below: ~-d' (.v /J ','~''':''''';;;'':''(.7;:;;,;{ DYes o No 'l) :f. 3,~serv{Ce Type ified Mail ~xpress Mail Registered ,-!LBeturn Receipt for Merchandi~ o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7001 1940 0000 3098 2585 102595.01-M-2' Domestic Return Receipt (') -.~;f~ n; ~;- r '" ~' ...,. U)": .-"':.:' !.=:: t,.. ~::> l._._' >~:: -;7 =2 r-> = = .r- :::E :::: I -J :s ~. ~ :r:n 1"11.- -CJm k36 ~:H ~o Om --4 ?-fj -- U'1 -J SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL 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 TIMMERMAN BART K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TIMMERMAN BART K 101 1'1 2ND STREET WORMLEYSBURG, PA 17043 PER NEIGHBOR, DEFENDANT MOVED OUT MONTHS AGO, MAIL IS STILL BEING DELIVERED TO GIVEN ADDRESS, Sheriff's Costs: Docketing Service Not Found Surcharge 18,00 11,04 5.00 10.00 .00 44.04 So;~~""-- R. Thomas Kline Sheriff of Cumberland County MILSTEAD & ASSOC 05/05/2004 Sworn and subscribed to before me this /3 a. day of "7'IJ? r ~_.'1 A.D. ~.:. ~./p~- U r-rothonotary Q ().~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL 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 TIMMERMAN KATHY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TIMMERMAN KATHY A 101 N 2ND STREET WORMLEYSBURG, PA 17043 PER NEIGHBOR, DEFENDANT MOVED OUT MONTHS AGO. MAIL IS STILL BEING DELIVERED TO GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 .00 21.00 So a~...er'~ ,'c.:':::"/"~_.c;?~ ~~~ R. Thomas J0'1ne Sheriff of Cumberland County MILSTEAD & ASSOC 05/05/2004 Sworn and subscribed to before me this /.1 -a. day of ~ ~ dotf A.D. ~b I~"'v m".J. - -J,r - J).-"'t;j; (j Prothonc!tary g r , SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2004-01549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K 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: UNITED STATES OF AMERICA THE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 5th , 2004 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 25.50 .00 50.50 05/05/2004 MILSTEAD & ASSOC ? So ~nswer ,: ~~:::>/.' ... ~.' /~,./ ) / // ..',/ , / >-~;::::",/ / V'.~ ".-z:~-"~-;~ R. Thomas Kline '" Sheriff of Cumberland County Sworn and subscribed to before me this /3 (;;/.. day of ~~'I A.D. 4. ~, ..: ?r)-.L-.-- ~ /L,-' \.. f P;;th~~y d ~-y In The Court of Common Pleas of Cumberland County, Pennsylvania Centex Hone Equity Canpany LLC VS. Bart K. Timnennan et al SERVE: The United States of ilmerica c/o US Attorney C;eneral No. 04-1549 civil Now, April 13. 2004 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ./"') "p;' 0" ~~"'~4~~-# Sheriff of Curnberland County, PA Affidavit of Service Now, ,20_, at o'clock M. served the within upon at by handing to a copy of the original and made known to the contents thereof So answers, Shoriff of County, PA Swom and subscribed before me this _ day of ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ $ @ilitt uf tqt ~4~J:iff Mary Jane Snyder Real Estate Deputy William T, Tully Solicitor J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 tax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CENTEX HOME EQUITY COMPANY LLC vs Sheriff's Return UNITED STATES OF AMERICA No. 3333-T - -2004 OTHER COUNTY NO, 04-1549 AND NOW:April 20, 2004 COMPLAINT IN MORTGAGE FORECLOSURE UNITED STATES OF AMERICA C/O US ATTORNEY GENERAL to PATRICIA WISCOUNT of the original at 9: 08AM served the within upon by personally handing 1 true attested copy(ies) COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at HBG FEDERAL BUILDING 228 WALNUT ST, STE. 220 HBG, PA 17101-0000 Sworn and subscribed to before me this 22ND day of APRIL, 2004 NO IAL SEAL MARY JANE SNYDER, Notary PublIc Hlghsplre, Dauphin Coul'lly My Commission Expires Sept. 1, 2006 jf~ '~P~ Deputy Sheriff Sheriff's Costs: $25.50 PD 04/16/2004 RCPT NO 192388 RH MILSTEAD & ASSOCIATES, LLC By: Corina M. Connors, Esquire Attorney ID# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Vs. Bart K. Timmerman Kathy A. Timmerman The United States of America Defendant(s) No.: 04-1549 Civil Term Praecipe to Reinstate Complaint in Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. ,/ D c: ?:. ut}3 1""":1" ~ Z.~-:;I ".- ~~~: ~C' ...,..,,; -,.~, :0:'::";1...., .......(--.,j :Pc: ~ ,.." = "'" .z:- 3 .".. -< N ~ o -n ~-n rl"lF -Om ~6 -:..J-r, 1:..,., ?');;- '=>::7.....-, om .-4 2~ :< -u 3' Cf! 0"> , Milstead & Associates, LLC By: Corina M. Connors, Esquire Attorney ID # 83509 Woodland Falls Corporate Park 220 Lake Drive E., Ste 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff Centex home Equity Company, LLC Plaintiff County: Cumberland vs, Bart K. Timmerman Kathy A Timmerman The United States of America Defendants No.: 04-1549 Civil Term STIPULATION It is hereby stipulated and agreed by and between Centex Home Equity Company LLC, plaintiff, and the defendant, United States of America, as follows; 1. The premises referred to in the Complaint in oWlli~d by the defendants, Bart K Timmerman and Kathy A. Timmerman. 2. The plaintiff filed an action in mortgage foreclosure to the above number and term, and named as defendants, Bart K. Timmerman, Kathy A. Timmerman and The United States of America. 3, The parties hereby agree that The United States of America shall, and hereby is, named as a party in the above action, in accordance with 28 U.S.C. S 2410 et~. 4. The United States of America hereby accepts servicl: of the Complaint and waives its right to file an answer or other responsive pleading thereto, and waives any objection it may have to the judgment entered against the defendants. 5. The United States of America has two tax liens against the property which are subject to the action of mortgage foreclosure, Federal Tax Lien #2000,7062 and Federal Tax Lien #2000-7063, totaling $5,579.48, both entered in the Prothonotary's office of Cumberland County, Pennsylvania. 6. The Federal tax liens referred to in paragraph JO in the amount of $339.28 and $5,180.20 are junior in time to the plaintiff's mortgage set forth in paragraph 4 of plaintiff's complaint. 7. That the defendant, United States of America, agre,es to the entry in this action of a judgment in favor of the plaintiff and against thl: United States of America for foreclosure and sale of the mortgaged property. 8. That the defendant, United States of America, is not indebted to the plaintiff. 9. That the aforesaid premises shall be sold at a judicial sale, notice of which was served on the defendant, United States of America. 10. That the judicial sale of said property shall discharge the Federal Tax Lien referred to in paragraph 10. I 1. That the proceeds of sale shaH be divided and distributed as the parties may be entitled and any funds due the United States shall be sent to the Internal Revenue Service, PO Box 1267, Harrisburg, PA 17108-1267. The check shall by made payable to "United States Treasury" and shaH include the name and social security number of the taxpayer, 12. That the defendant, United States of America, preserved its right of redemption as provided in Title 28, United States Code, Se(:tion 241 O( c). 13. The parties to this Stipulation shall bear their respective costs in the proceeding. Dated: By: Co . a M., Connors, squire 220 Lake Drive East Suite 301 Cherry Hill, NJ 08002 Attorneys for Plaintiff Thomas A. M.arino United States Attorney n(l By: 'V-~ Dennis Pfanne Chief, Civil Di sion Attorney for United States of America Date: S- -;;J,o..f -o'-f () c :1:: ~:;~~~ -7- ~.:'i ;rc-_ {O,,' ~ ~~t; ,~:C~, S~~;. ~3 ~ '" = 0= ",- <- c:: :;:.1:: o " -l ::r.:" f11- "hi 66 ::;1-r\ _,,-1'1 '?c") ::=::rn ,-) ......,f .,.~.. ~J:J -< ..,.- -U :3>: ...- <:) ..... MILSTEAD & ASSOCIATES, LLC By: Corina M. Connors, Esquire Attorney 10# 83509 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company. LLC Plaintiff : COURT OI~ COMMON PLEAS : CUMBERLAND COUNTY Vs. Bart K. Timmerman Kathy A. Timmerman The United States of America Defendant(s) : No.: 04-1549 Civil Term Praecipe to Reinstate Complaint in Mortgage Foreclosure TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. ~onn" "'IWre Attorney 10 No. 83509 {00007091} ...0 ';;:".:::1 C:.;" ~- () -n --4 rh;n ~~ -"q () fT; C0 C) -';"'> r--) (,J, SHERIFF'S RETURN - NOT SERVED CASE NO: 2004-01549 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL R. Thomas Kline , Sheriff who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: TIMMERMAN BART K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT SERVED , as to the within named DEFENDANT , TIMMERMAN BART K 5900 WERTZVILLE ROAD APT B ENOLA, PA 17025 DEFENDANT IS SUPPOSED TO BE LIVING AT THIS ADDRESS, HOWEVER WE WERE NOT ABLE TO MAKE SERVICE PRIOR TO EXPIRATION. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 10.35 .00 10.00 .00 38.35 So answers :____/' ',__--;~ ~~i~~" R. Thomas Kline Sheriff of Cumberland County MILSTEAD & ASSOC 06/24/2004 Sworn and subscribed to before me this 'l~ day of C)u, d-uvt-t.D. () ~ _ ~-yu- ,~ Prothonotary SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL 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 TIMMERMAN KATHY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TIMMERMAN KATHY A 5900 WERTZVILLE ROAD APT B ENOLA, PA 17025 DEFENDANT LIVES AT 1959 MARKET STREET CAMP HILL, PA 17011, Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 ,00 5.00 10.00 .00 21.00 So answers;/ /_~ '_ _/_~ y;2~~- R. Thomas Kline Sheriff of Cumberland County MILSTEAD & ASSOC 06/24/2004 Sworn and subscribed to before me this '1 t;;:;. day of ~2 JJ) ;[/}()'f A.D. rl '--- Q pr~otary . ~/~,.. ~ I SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL 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 TIMMERMAN BART K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT , TIMMERMAN BART K 146 W HIGH STREET CARLISLE, PA 17013 DEFENDANT'S ADDRESS IS BELIEVED TO BE 5900 WERTZVILLE ROAD ENOLA, PA Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 3.45 5.00 10.00 .00 24.45 So an~\\Te_rr/~o,"~ ./ ./ ~ ~..?" ,.." l' / ';zr/~-~=c. / i R. Thomas Kline ( Sheriff of Cumberland County MILSTEAD & ASSOC 06/24/2004 Sworn and subscribed to before me 7~ Il this day of~ clt'QA.D, Prot O~ryQ ~.~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL 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 TIMMERMAN KATHY A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TIMMERMAN KATHY A 146 W HIGH STREET CARLISLE, PA 17013 DEFENDANT'S ADDRESS IS 1959 MARKET STREET CAMP HILL, PA. Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 .00 5.00 10.00 ,00 21.00 So ans~ ....___/ .- ---.,.~" --------- ~ p~-=/~~=?~ I R. Thomas ~ne Sheriff of Cumberland County MILSTEAD & ASSOC 06/24/2004 Sworn andwsubscribed toiefore this .,~ day of ~ me dool( A.D. ~. {J Prot 0 otary ~A~. ~ ,~ SHERIFF'S RETURN - NOT FOUND CASE NO: 2004-01549 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL 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 TIMMERMAN BART K but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , TIMMERMAN BART K 1959 MARKET STREET CAMP HILL, PA 17011 DEFENDANT IS BELIEVED TO BE LIVING AT 5900 WERTZVILLE ROAD ENOLA, PA Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 10.35 5.00 10.00 .00 31.35 So answers :.__ __- -<:~---'----:_--_:-:~- -. - .-' - - - .- - ~;~-----=~~:~- -- ~:f!-~/~r'.. -;r-~' ..'=-'/ R. Thomas Kline/ Sheriff of Cumberland County .-------- MILSTEAD & ASSOC 06/24/2004 Sworn and subscribed to before me '7= day of q".., this .:uoy A.D. prot~ry Q ~LPJ~ ~ , SHERIFF'S RETURN - REGULAR CASE NO: 2004-01549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TIMMERMAN KATHY A the DEFENDANT , at 2114:00 HOURS, on the 23rd day of June 2004 at 1959 MARKET STREET CAMP HILL, PA 17011 by handing to KATHY TIMMERMAN a true and attested copy of COMPLAINT _ MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: r~~ R. Thomas Kline 06/24/2004 MILSTEAD & Sworn and Subscribed to before By: me this 7 e day of q_P'l 21YC> 'I A.D. C)'F' 0 )u,ep,., 1/ q",Z; Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2004-01549 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CENTEX HOME EQUITY COMPANY LLC VS TIMMERMAN BART K ET AL SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon TIMMERMAN BART K the DEFENDANT , at 1634:00 HOURS, on the 19th day of July , 2004 at 5900 WERTZVILLE ROAD APT B ENOLA, PA 17025 by handing to BART TIMMERMAN 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 Service Affidavit Surcharge 18.00 10.36 .00 10.00 .00 38.36 So Answers: ,f"~~-" R. Thomas Kline 07/20/2004 MILSTEAD & < Sworn and Subscribed to before By: = me this .:l7 - day of ~ . C)OO<{ A.D, n. Q~~ '-h6t;onotary . MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Centex Home Equity Company, LLC 350 Highland Drive Lewisville, TX 75067, Plaintiff, Attorneys for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 04-1549 Civil Term Vs. Bart K. Timmerman 5900 Wertzville Road, Apt. B Enola, P A 17025 Kathy A. Timmerman 1959 Market Street Camp Hill, PA 17011, Defendants. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against Bart K. Timmerman and Kathy A. Timmerman, Defendants for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest - 4/7/04 to 10/14/04 Late Charges TOTAL $57,226.59 2,360.76 120.18 $59,707.53 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accor~ Rl~::/Ji;J!;:hed'l_ I~ Pi~rt~erger, Esqu' 7' ------ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA TED (. /) DATE: rw- 1'J- ~{ ~~"" , W .;;x;...~ f PROTHONOTARY ~_~ {00021128} --J.[T \.. MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Centex Home Equity Company, LLC, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Vs. No.: 04-1549 Civil Term Bart K. Timmerman and Kathy A. Timmerman and The United States of America, Defendant( s). TO: Bart K. Timmerman 5900 Wertzville Road, Apt. B Enola, P A 17025 Kathy A. Timmerman 1959 Market Street Camp Hill, P A 17011 DATE OF NOTICE: AUf!Ust 12.2004 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with infonnation about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with infonnation about agencies that may offer legal services to eligible persons at a reduced fee or no fee. LA WYERS REFERRAL SERVICE LAWYERS REFERRAL SERVICE OF CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE. P A 17013 I.: (717) 249-3 I 66 '15433} MILSTEAD & BY: PINA S ~~~CIATES, LLC Attorney ID#' 77274 ZBERGER, ESQUIRE 220 Lak D. e nve East Suite 30 I Cherry Hill, NJ 08002 (856) 482-1400 Centex Home Equity C - 350 Highland Drive ompany, LLC Lewisville, TX 7506'7, Plaintiff, Attorneys for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY . . Vs. : No.: 04-1549 Civil Term . Bart K. Timmerman 5900 WertzviIle Road, Apt. B Enola, P A 17025 Kathy A. Timmerman 1959 Market Street Camp Hill, PA 17011, Defendants. - VERIFICATION fF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, herelv verifies that she is attorney for the Plaintiffin the above-captioned matter, and that on infonntion and belief, she has knowledge of the following facts, to wit: 1. that the defendants are ~o.t in \1'1 Military or Naval Service of the United States or ts Allies, or otherwise within the provlslOns oibe Soldier' and Sailors' Civil Relief Act of ~ongress of 1940, as amended. 2. defendant, Bart K. Timmerman i')ver 18 years of age and resides at 5900 'ertzville Road, Apt. B, Enola, P A 17025. 3. defendant, Kathy A. Timmerman iSver 18 years of age and resides at 1959 rket Street, Camp Hill, P A 17011. pjw. Pma ~ ertzberge Esquire \~ ~ ,I ~ I hp(J~ ~iI:'iB r ~Eft! ~ ~t ~ r f- (; r-....~ ~~ .;~ gg c) >.. ...._ -n , a --I r:, .,- _j ii1 :: ' , 1'.' -r I::, 1".,);' c <~ ;;,: ~, : ~~: J 0, a eJ " In the Court of Common Pleas of Cumberland County, P A Centex Home Equity Company, LLC Plaintiff CIVIL ACTION NO.: 04-1549 Civil Term Vs. Bart K. Timmerman Kathy A. Timmerman Defendant(s) Praecipe For Writ of Execution (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Bart K. Timmerman Kathy A. Timmerman 4. Real property involved: 101 N. 2nd Street Wornleysburg, PA 17043 AMOUNT DUE $59,707.53 INTEREST From 10/15/04 to Date of $ Sale at $9.81 per diem / TOTAL (Costs to be added) $ October 14, 2004 {00021128} ~ .r -J;:)() !:) jt" '-'f '- II ~ ~ r-- "- 6' ~ S ~t e. +- ~ t oIQ.. ....... V) () o -J p:. t -< .- \.~ !', I ,-" ~ 1-1 ~ (') ~, c-:> -II c::: ...t.- :-::J ~~. : \ I , ..--:~'; ~~~.:,. ~,.;~,) ;--,' ('~ ': .:.~ ~;: ~i,_~~ ~T~ ~:."'-~ c-:; o C) ) ( MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77472 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Vs. : No.: 04-1549 Civil Term Bart K. Timmerman Kathy A. Timmerman Defendants : AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 STATE OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) I, Pina S. Wertzberger, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, 1. On December 24, 2004, a copy of the Notice of Sheriff s Sale of Real Property was served upon the defendants, Bart K. Timmerman and Kathy A. Timmerman, by certified mail, returned receipt requested. Copies of the signed certified cards are attached hereto and made a part hereof as Exhibit "A". 2. On December 8, 2004 and December 10, 2004, a notice of Sheriff s Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". {OO032739} J . ,..........---....._--------~.._--------_.._.._-------.._-.._----------..- .. - : 2., Article Number -- m________n 7.LWl 3'm .1f6 51*7 rnlfD f 11111111111111II1 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: DYes Kathy A. Timmerman 1959 Market Street Camp HilI, NJ 170 I 1 9.02401 GW Domestic Return Receipt 7.LWl 3'1]1 .1f6 5bb 7 co.33 D Agent D Addre$8ee ; 'DYes DNo \.---2~--A-rti~i~-N~;;;~~------.-------------------------------------------- 11111111 II1IIIII1 3. Service "TYpe CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) DYes :- 1. Article Addressed to: Bart K. Timmerman 5900 Wertzville Road, Apt. B 9.02401 Enola, PA 17025 GW PS Form 3811, July 2001 Domestic Return Receipt .; , ..........-- ...--------------..------------------- -_..._- .----... .-- .... ----- ._---~-_.. 2. Article Number 1II111111111~11111 7J.bD 3cmJ. ."6 5bb7 co.J., 3. Service Type CERTIFIED MAil 4, Restricted Delivery? (Extra Fee) 1. Article Addressed to: DYes U.S. Dept. of Justice U.S. Arty-Western District ofPA Attn: Michael Colville, Esquire Assistant U.S. Attorney 700 Grant Street, Suite 400 Pittsburgh, PA 15219 x.~...?<... o Agent : o Addressee i OVes DNa 0, Is delivery address different from item 1? If VES, enter delivery address below: 9.02401 GW ,. PS Form 3811, July 2001 I~ Domestic Return Receipt 2:-A-rt;~i~-N~;;;b~~_...mmm----- __m_____.__."m ___'.m...__. 11111111111111111 III 7J.bD 3cmJ. ."6 51*7 co.2b 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) 1. Article Addressed to: Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 100 I Liberty A venue Pittsburgh, P A 15222 PS Form 3811, July 2001 DYes 9.02401 GW I~ Domestic Return Receipt - ~\~ . \to a E ~ ! ! ". , 'r:. enU. ! a . . == ~. 0 enU. 'i :e Iii ~o liU. - ...6 III. . ~'O 0 aio en,::: 8 8~ c::::J to'" ...c::: :J- tIl<i ,s1jS -0 \0. o.~ ,C~ ~~ 00 ~ , ) (. i: il \1 ~~ ~. '6> 'i~ \,) l~ ~-. 1> ~ .~ -rl.al <\\Ie: >- :::. ~& ~li in ..J < 'aQl u.c::: o~ ~ i 't~ ~ u. ~.e '0 ... ~ 'i C!! · _'::;"'O~ ell ~"E~OCD -' ~~.s(.)(.) ~ ~)(.ooo 0. 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":".,,:,, 'G) III ,... tf -----. ~ g' \---- ti2 '- ~~ ,-~:a ~ _/ ~e- - o J 8 cr 'O~ r- ~ '0 "''0 .., !s ..r t ..!l ~'!i !~ ZtIl'" 0 E< it u. :J ~. CD \~ ~ \~ \~ - r- llCl l-0.C/) ..r to llCl \5 · C'l .., - \ \ 20' 0' 8 0' ::lOO~d'tV'iot:l:ia311VV'J 0' 1. 0' f ., 0' 0' Z gO' J 3'0 cOZ a \,0 $ s: l ~ 1. 0' ~ 6 2 ~ ~ Ii e d 39V1SOd'S'0 0' g 9 \. ~f,3MOa^3Nli=='dd..-.!! L..S1!Jri~'.. ~ ~ .IJ!!!!!F A " ~_ ,,~ -!~_ 111. ~... ~ , ~ ~&. i% -;:>C/) SCD tIl .....(,) a III ~ _ c::: '""\\I ~ 'c otO 0 to II ~1€ l; ~ 0(.) ~.~~ EIll 0 .(8~cbil1(.)- CD'(O 'S ~ 0. c::: 0, ~ l~ l (") e; ~ r:. "" ....0.!!0l- 5~-0 0'::>' -r 1)0. 0.<0- 0'" s;:.'::>' "" !.. i~~f'O(')i~"ii'O~o. (;;~ ~(.) ~ -=-e~ ~< ,-eN g 'i.Q !'OO_~ ~~~o. c:::~~a~N.i % :J c::: .Q ~ ! :l: ~ % 1: CD tIl g.~ c::: ~nu~~~~!~H~~ t ~ ~ 4,~ ~ (~\ -r'\ '.1:: ('1"\ In (;1:1 .'<" r:i ~ , ce - -,'. ~ . \ ALL THA T CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Wormleysburg, Cumberland County, Commonwealth of Pennsylvania, more particularly described in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated January 9. 1979, as follows, to wit: BEGINNING at a point at the Northeast comer of the intersection of Second and Chestnut Streets; thence along the Easterly line of Chestnut Street; North twenty-one degrees seventeen minutes zero seconds West, Twenty-five feet (N 21 degrees IT 00" W. 25') to an X-cut in concrete made at the dividing line between herein described property and the property known as 103 Second Street; thence along the dividing line between said properties and through the center of a partitioned wall and beyond, North sixty-eight degrees forty-three minutes zero seconds East, one hundred fifty feet (N 68 degrees 43" 00' E.. 150') to a hub along the Western line of River Alley; thence along said Western line of River Alley, South twenty-one degrees seventeen minutes zero seconds East, twenty-five feet (S 21 degrees IT 00" E, 25') to a nail; thence along the Northern line of Chestnut Street, South sixty-eight degrees forty-three minutes zero seconds West, one hundred fifty feet (S 68 degrees 43' 00" W., 150') to a point, the place of beginning. HA VING THEREON ERECTED a two story frame dwelling house with detached block garage known as 101 North Second Street. BEING Lot No. 34, on Plan of V. H. Berghause, recorded in Deed Book "L", Volume 4, Page I, in the Cumberland County Recorder's Office. BEING KNOWN AS 101 N. 2nd Street, Wornleysburg, PA 17043 PARCEL ill NO: 47-20-1858-030 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO21128} @ p J ~ ~ ,<2 "J" r~ 'tS +- '<:)\ -k--'" . ~ * ~ ~ -kc-' ~<? _ ~ \> ~ --:- .>-> _~ k ~ b" -::- ~ --"'"' d\ 'd ~ c:;A - ~ fA:.. ~ OJ <"' s=-~ J'--" d ~ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1549 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTEX HOME EQUITY OMP ANY, LLC Plaintiff(s) From BART K. TIMMERMAN, 5900 WERTZVILLE RD., ENOLA PA 17025 and KATHY A. TIMMERMAN, 1959 MARKET ST., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 101 NORTH 2ND ST., LEMOYNE PA 17043 (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 gamishee(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) Ifproperty 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 $59,707.53 L.L. $.50 Interest from 10/15/04 to 3/2/05 @ $9.81 per diem Arty's Comm % Due Prothy $1.00 Arty Paid $388.05 Other Costs Plaintiff Paid Date: OCTOBER 22, 2004 CURTIS R. LONG (Seal) Proth~otary J-r ( . ByJ ~. Dep~ REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQ. Address: 220 LAKE DR. EAST, STE. 301 CHERRY HILL NJ 08002 Attorney for: PLAINTIFF Telephone: (856) 482-1400 Supreme Court ill No. 772724 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 04-1549 Civil Term Bart K. Timmerman Kathy A. Timmerman : AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Centex Home Equity Company, LLC, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 101 N. 2nd Street, Wornleysburg, PA 17043: 1. Name and address ofOwners(s) or Reputed Owner(s): Bart K. Timmerman 5900 Wertzville Road, Apt. B Enola, P A 17025 Kathy A. Timmerman 1959 Market Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Commonwealth of P A, Dept. of Revenue Bureau of Compliance, Clearance Support Section, Dept. 280946 Harrisburg, PA 17128-0946 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, P A 15222 {00021128} U.S. Dept. of Justice U.S. Atty-Western District of PA Attn: Michael Colville, Esquire Assistant U.S. Attorney 700 Grant Street, Suite 400 Pittsburgh, P A 15219 4. Name and Address of the last recorded holder of every mortgage of record: Centex Home Equity Company, LLC (Plaintiff herein) 350 Highland Drive Lewisville, TX 75067 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 101 N. 2nd Street W ornleysburg, P A 17043 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, P A 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to un1worn falsification to authorities. U ? () /1 I I Pi~~~ Attorney for Plaintiff Date: October 14.2004 {00021l28} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. : No.: 04-1549 Civil Term Bart K. Timmerman Kathy A. Timmerman Defendant(s) : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 101 N. 2nd Street, W ornleysburg, P A 17043 is scheduled to be sold at Sheriffs Sale on March 2, 2005 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $59,707.53 obtained by Centex Home Equity Company, LLC. 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 cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). {000211 28} 'VOU 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 bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 04-9-02401 {00021128 } , .. ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Borough of Wormleysburg, Cumberland County, Commonwealth of Pennsylvania, more particularly described in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated January 9, 1979, as follows, to wit: BEGINNING at a point at the Northeast comer of the intersection of Second and Chestnut Streets; thence along the Easterly line of Chestnut Street; North twenty-one degrees seventeen minutes zero seconds West, Twenty-five feet (N 21 degrees 17' 00" W. 25') to an X-cut in concrete made at the dividing line between herein described property and the property known as 103 Second Street; thence along the dividing line between said properties and through the center of a partitioned wall and beyond, North sixty-eight degrees forty-three minutes zero seconds East, one hundred fifty feet (N 68 degrees 43" 00' E., 150') to a hub along the Western line of River Alley; thence along said Western line of River Alley, South twenty-one degrees seventeen minutes zero seconds East, twenty-five feet (S 21 degrees 17' 00" E, 25') to a nail; thence along the Northern line of Chestnut Street, South sixty-eight degrees forty-three minutes zero seconds West, one hundred fifty feet (S 68 degrees 43' 00" W., 150') to a point, the place of beginning. HAVING THEREON ERECTED a two story frame dwelling house with detached block garage known as 101 North Second Street. BEING Lot No. 34, on Plan of V. H. Berghause, recorded in Deed Book "L", Volume 4, Page 1, in the Cumberland County Recorder's Office. BEING KNOWN AS 101 N. 2nd Street, Wornleysburg, PA 17043 PARCEL ID NO: 47-20-1858-030 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO21128} COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: o LI.; 1.5''19 I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby ce ify that the Sheriff's Deed in which Centex Home Equity Co is the grantee the same having been sol to said grantee on the 2nd day of March A.D., 2005, under and by virtue of a writ Execution issued 0 the 22nd day of October, A.D., 2004, out ofthe Court of Common Pleas of said County as of Civil Te , 2004 Number 1549, at the suit of Cent ex Home Equity Co against Bart K Timmerman & Kathy A i duly recorded in Sheriff's Deed Book No, 267, Page 45 I I. IN TESTIMONY WHEREOF, I have hereunto set my hand 'xl: and seal of said office this II! day of , A.D. .;)()()0 Recorder , Cumberland Cou Expi(ea \he Fir8l f Deeds C8I1I81e, PA of Jon. 2COI Centex Home Equity Company, LLC VS Bart K. Timmerman and Kathy A. Timmerman In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2004-1549 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that h made a diligent search and inquiry for the within named defendants, to wit: Kathy A. Timmerman, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Blair County, Pennsylvania, to serve the within Real Estate Writ, Notice of Sale and Description according to law. BLAIR COUNTY RETURN: Now, January 12, 2005 at 10:50 o'clock AM served the within Writ of Execution, Notice of Sale and Description upon Kathy A, Timmerman at 516 Mountain Road, Apt. B" Altoona P A 16601 by handing to Kathy A. Timmerman a true and attested copy of the original Writ of Execution, Notice and Description and made known to her the contents thereof. So answers: Larry D. Field, Sheriff of Blair County, P A. Ron Kerr, Deputy Sheriff, who being duly sworn according to law, states that on December 27, 2004 at 4:29 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Bart K, Timmerman, by making known unto Bart Timmerman, personally, at 5900 Wertzville Road, A pt. B, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 03, 2005 at 2:43 o'clock P.M., she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Bart K. Timmerman and Kathy A. Timmerman, located at 101 N, 2nd Street, Wormleysburg, 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: Kathy A. Timmerman, by regular mail to her last known address of 51 Mountain Ave., Apt. B, Altoona, PA 16601. This letter was mailed under the date of January 18, 2005 and never returned to the Sheriffs Office. 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: Bart K. Timmerman, by regular mail to his last known address of 5900 Wertzville Rd., Apt. B, Enola, PA 17025, This letter was mailed under the date of December 29, 2004 and never returned to the Sheriffs Office, R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse. Carlisle, Cumberland County, Pennsylvania on March 02, 2005 at 10:00 o'clock A.M, He sold the same for th sum of$1.00 to Attorney Pina Wertzberger for Centex Home Equity Company, LLC. It /. II ;)0 <)/. ,,~1IJJ . ~) (l I(p )- being the highest bid and best price received for the same, Centex Home Equity Company, LLC of350 Highland Ave., Lewisville, TX 48501, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $1,003.70, it being costs. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Out of County Dauphin County Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 20.37 15,00 15.00 30.00 10.00 .50 1.00 20,72 4,42 9.00 25.50 15.00 30.00 321.20 395,95 30.73 25,00 39.50 $ 1038.89 This 0(/ day of JPA('~ 2005 AD f~iho;"?:;- ~ So Answers: r:~--t:~--# R. Thomas Kline, Sheriff BY J~~~ RealEstate eputy Sworn and subscribed to before me f , MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney 10# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY VS. : No.: 04-1549 Civil Term Bart K. Timmerman Kathy A. Timmerman : AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYL V ANlA COUNTY OF CUMBERLAND Centex Home Equity Company, LLC, Plaintiff in the above entitled cause of actio , sets forth as of the date the praecipe for writ of execution was filed the following informatio concerning the real property located at 101 N. 2nd Street, Wornleysburg, PA 17043: 1. Name and address ofOwners(s) or Reputed Owner(s): Bart K. Timmerman 5900 Wertzville Road, Apt. B Enola, P A 17025 Kathy A. Timmerman 1959 Market Street Camp Hill, PA 17011 2. Name and address of Defendant(s) in the Judgment: Same as above 3, Name and address of every judgment creditor whose judgment is a record lien on th real property to be sold: Commonwealth of P A, Dept. of Revenue Bureau of Compliance, Clearance Support Section, Dept. 280946 Harrisburg, P A 17128-0946 Internal Revenue Service Federated Investors Tower 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 {00021128) , , U.S. Dept. of Justice U.S. Atty- Western District of P A Attn: Michael Colville, Esquire Assistant U.S. Attorney 700 Grant Street, Suite 400 Pittsburgh, PA 15219 4. Name and Address of the last recorded holder of every mortgage ofrecord: Centex Home Equity Company, LLC (P laintiff herein) 350 Highland Drive Lewisville, TX 75067 5. Name and address of every other person who has any record lien on the property: None Known 6. Name and address of every other person who has any record interest in the property d whose interest may be affected by the sale: None Known 7, Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 101 N. 2nd Street Wornleysburg, PA 17043 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verifY that the statements made in the Affidavit are true and correct to the best of personal knowledge or information and belief. I understand that false statements herein ar subject to the penalties of 18 Pa. C.S. Section 4904 relating to un worn falsification to authorities. Pi 'a S. Wertzberger, Attorney for Plaintiff Date: October 14,2004 (00021128) . , MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney 10# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff Centex Home Equity Company, LLC Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. No.: 04-1549 Civil Term Bart K. Timmerman Kathy A. Timmerman Defendant(s) : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 101 N. 2nd Street, Womleysburg, PA 17043 is scheduled to be sold at Sheriffs Sale on March 2. 2005 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, P A 17013 to enforce the Court Judgment of $59,707.53 obtained by Centex Home Equity Company, LLC. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find ou how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to po tpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings, You ma need an attorney to assert your rights, The sooner you contact one, the more chance you will ha e of stopping the Sale. (See Notice on next page and how to obtain an attorney). {00021128) 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. ou may find out the bid price by calling Milstead and Associates, LLC at 856,482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossl inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on th Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4, Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain the owne of the property as if the Sale never happened. 5, You have a right to remain in the property until the full amount due is paid to the Sh riff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to e ict you. 6. You may be entitled to a share of the money which was paid for your house. ASche ule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by e Sheriff not later than 30 days after the sale. This schedule will state who will be receiving that oney. The money will be paid out in accordance with this schedule unless exceptions (reasons why t e proposed distribution is wrong) are filed with the Sheriff within ten (10) days after. 7. You may also have other rights and defenses, or ways of getting your house back, if ou act immediately after the Sale, YOU SHOULD TAKE THIS PAPER TO YOU LAWYER AT ONCE. IF YOU DO NO A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. HAVE STED Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 (800) 990-9108 04-9-02401 {00021128} ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the orough of Wormleysburg, Cumberland County, Commonwealth of Pennsylvania, more particularly d scribed in accordance with a survey made by Michael C. D'Angelo, Registered Surveyor, dated Ja uary 9, 1979. as follows, to wit: BEGINNING at a point at the Northeast corner of the intersection of Second and Chestnut Streets; thence along the Easterly line of Chestnut Street; North twenty-one degrees seventeen minu es zero seconds West, Twenty-five feet (N 21 degrees 17' ()()" W. 25') to an X-cut in concrete ma at the dividing line between herein described property and the property known as 103 Second Street thence along the dividing line between said properties and through the center of a partitioned wall and eyond, North sixty-eight degrees forty-three minutes zero seconds East. one hundred fifty feet (N 68 degrees 43" ()()' E., 150') to a hub along the Western line of River Alley; thence along said Weste line of River Alley, South twenty-one degrees seventeen minutes zero seconds East, twenty-five fe t (S 21 degrees 17' ()()" E, 25') to a nail; thence along the Northern line of Chestnut Street. South s. -eight degrees forty-three minutes zero seconds West, one hundred fifty feet (S 68 degrees 43' ()()" " 150') to a point, the place of beginning. HAVING THEREON ERECTED a two story frame dwelling house with detached block garag known as 101 North Second Street. BEING Lot No. 34, on Plan of V, H. Berghause, recorded in Deed Book "L", Volume 4, Pel. in the Cumberland County Recorder's Office. BEING KNOWN AS 101 N, 2nd Street, Wornleysburg, PA 17043 PARCEL ill NO: 47-20-1858-030 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOO21128} WRIT OF EXECUTI~N.and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 04-1549 Civil CrvIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CENTEX HOME EQUITY OMP ANY, LLC Plaintiff(s) From BART K. TIMMERMAN, 5900 WERTZVILLE RD" ENOLA PA 17025 and KATHY A. TIMMERMAN,1959MARKET ST., CAMP HILL PA 17011. (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESTATE LOCATED AT 101 NORTH 2ND ST., LEMOYNE PA 17043 (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 fro paying any debt to odor the account of the defendant (s) and from delivering any property ofthe defenda t (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 himlher that he/she has been added as garnishee and is enjoined as above stated. Amount Due $59,707,53 L.L. $.50 Interest from 10/15/04 to 3/2/05 @ $9.81 per diem Ally's Comm % Due Prothy $1.00 Ally Paid $388.05 Other Costs Plaintiff Paid Date: OCTOBER 22, 2004 CURTIS R. LONG (Seal) By: . REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQ. Address: 220 LAKE DR. EAST, STE. 301 CHERRY HILL NJ 08002 Attorney for: PLAINTIFF Telephone: (856) 482-1400 Supreme Court ID No, 772724 Real Estate Sale # 18 On November 30, 2004 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA Known and numbered as 101 N, 2nd Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 30, 2004 BY:')OdJ ,lvuz~ Real Es~ Deputy (-) c::u;) ~ = r.:;:;:;-. \.:.."1 t~.1 &nro 111 :Z d I - AON ~OOl Vd '"HHi00 lJ,iVld3i.JI,Il:J .:HI~3HSI3IH .:10 3:J1.:i.:i0 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 ofthe Cumberland Law Journal, ofthe County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland aw Journal, a legal periodical published in the Borough of Carlisle in the County and State afo esaid, 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 regu arly 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 w Journal on the following dates, Vtz: January 14, 21, 28, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumbe Law Journal, a legal periodical of general circulation, and that he is not interested in the s 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. ~G)~ " Isa Marie Coyne Editor SW TO AND SUBSCRIBED before me his 28 day of January, 2005 k71lu ~). 1.. JdU I'PA../ Notary and ject REAL ESTATE SALE NO. 18 Writ No. 2004-1549 Civil Centex Home Equity Company. LLC vs. Bart K. Timmerman and Kathy A. Timmerman Atty.: Pina Wertzberger ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Borough of Wonnleyshurg, Cumberland County, Commonwealth of Pennsylvania, more particularly descnhed in ac- cordance with a survey made by Michael C. D'Angelo. Registered Surveyor, dated January 9. 1979. as foHows, to wit: BEGINNING at a point at the Northeast corner of the intersection of Second and Chestnut Streets: thence along the Easterly line of Chestnut Street; North twenty-one degrees seventeen minutes zero seconds West, Twenty-five feet (N 21 degrees 1 TOO" w. 25') to an x~ cut in concrete made at the divid- ing line between herein described property and the property known as 103 Second Street; thence along the dividing line between said prop~ erties and through the center of a partitioned wall and beyond. North sixty-eight degrees forty-three min- utes zero seconds East. one hun- dred fifty feet (N 68 degrees 43" 00' E.. 150') to a hub along the West- ern line of River Alley; thence along said Western line of River Alley, South twenty-one degrees seventeen minutes zero seconds East, twenty- five feet (8 21 degrees 17' 00" E. 25') to a nail; thence along the North- em line of Chestnut Street, South sixty-eight degrees forty-three min- utes zero seconds West, one hun- dred fifty feet (5 68 degrees 43' 00" W,. 150') to a point. the place of beginning. HAVING THEREON ERECTED a two story frame dwelling house with detached block garage known as 101 North Second Street. BEING Lot No. 34. on Plan of V. H, Berghause. recorded in Deed Book ML", Volume 4. Page 1, in the Cumberland County Recorder's Of- fice. BEING KNOWN AS 101 N. 2nd Street, Wormleysburg, PA 17043. PARCEL ID NO: 47-20-1858- 030. IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling. , 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 James L. Clark, being duly sworn according to law, deposes and says: That he is the Accounts Receivable Manager of The Patriot News Co., a corporation organized an existing under the laws of the Commonwealth of Pennsylvania, with iis principal office and place of business at 812 0818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of he Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 0818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News ere established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously publis ed ever SInce; That the printed notice or publication which is securely attached hereto is exactly as printed and pu lished in their regular daily and/or Sunday/ Metro editions which appeared on the 18th and 25th day(s) of January nd the 1st day( s) of February 2005. That neither he nor said Company is interested in the subject matter of said pr" ted notice or advertising, and that all of the allegations of this statement as to the time, place and character of plication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to ve ify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously p ssed and adopted severally by the stockholders and board of directors of the said Company and subsequently dul recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", :::::::::4,(m NOTARIAL Terry L. Russell, . City 01 Harrisburg, Dauphin cWRiV A My Commission ExPIIlltyJcQllfnii~ Membp.', Pennsylvania Assoclallon of Notarlts CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA. 17013 COPY SALE#l8 Sworn to and subscribed before m Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 395.95 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the s me have been duly paid. By..................................................... .... REAL ESTATE SALE No. 18 WrI No. 21104-1548 Civil Term CenI8x Home Equity Co., LLC Vs Il8rt K. T1mrnennsn,snd KaIhv A. TImrMmIsn Ally: Pins Wertzberger DESCRIPTION ALL THAT CEIITAIN tract or jlOlCcl 01 land and ~ situ-ate,lying and being in the Bor- ougil of WonnJeysilurg. Comber-land County, Commonwealth of Pennsylvania, more particuJarly describOO in accDlrlance with a SUl'I{ey made by Michael C. D' Aogelo, RegisIered Smveyor; _ Jaouary 9, 1979, as foil...., to wit: BEGINNING aI a IYint aI the Norlbeasl """"oldie ""'_00 of Second aodClrestnot Streets; then<:o aJoog the Easterly Iioe of Choatnor Streel;Nooh(WeDly-ooedegrees_miJl. otes zero seconds 1'1..... TweDly-five feel (N 21 degrees 17 minotesooseamdsW. 25reet)toao X-cut in concrete made at !be dividing line betwee, herein described proJHfly and the property known as 103 Second Street; thence along the dividing Iioe between said properties and tltrnugil the center of a partitioned wall and beyond, Nooh sixty. degrees forty-three _ ... seconds Bas~ one bundred fifty feet (N 68 de-grees 43 _ 00 seconds E., 150 feet) to a bub a1<mg the West..em'line of River Alley; thence along said Western Iioe of River Alley, Soothtweoty-ooe degrees seventeen minutes zero seconds East, twenty-five feet (8 2i de-greesl7 minotes 00 seconds E, 25 feet) 10 a nail; then<:o along the NortItem Iioe of Cbeslnul S"'~ Sooth sixty. deps forty-three _...secondsw.st.".._fiftyfeel (S 68 de-grees 43 _ 00 "'nods 1'1.., 150 feel)to ,point. theplaceoIBEGlNNING. HAVING THEREON erected a_ _ dwelling hoose with detacbed block garage known as 10\ North Second Street. BEING Lot No. 3j;, ou Plan of V. H. Bergbaose.reo:onledinDeedBooI:iLi, \bI_4, Page \, in the Combedaod County Recorder's 0Ilic0. , BEING known as 101 N. 2nd Street, WOnnJeyobotg. PA \7043. PareeI ID #47-l1l-18S8-lI30. IMPROvEMENTs tben:on ton-sist of: Residential~ ~/ """-,,,.