The URL can be used to link to this page

Home My WebLink About08-7440. 1 Leon P. Haller, Esquire Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 717.234.4178 mtg@pkh.com U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE VS. MEGUMI LOSCH AND MICHAEL C. LOSCH Defendants THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, Plaintiff vs. MEGUMI LOSCH AND MICHAEL C. LOSCH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof, is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, Plaintiff VS. MEGUMI LOSCH AND MICHAEL C. LOSCH, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Ax 0P- 7y1f0 6,,?Q -7z_4--- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, a corporation, acting through its servicing agent, Midfirst Bank whose address is 999 N.W. GRAND BOULEVARD OKLAHOMA CITY, OK 73118. 2. Defendants, MEGUMI LOSCH and MICHAEL C. LOSCH, are adult individuals whose last known address is 326 CHARLES ROAD MECHANICSBURG, PA 17050. 3. On or about, May 26, 2006, the said Defendants executed and delivered a Mortgage Note in the sum of $104,800.00 payable to QUICKEN LOANS, INC., which Note is attached hereto and marked Exhibit "A" 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendants made, executed, and delivered to Mortgage Electronic Registration Systems, Inc., a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1953, Page 1579 conveying to original Mortgagee the subject premises. The Mortgage was subsequently assigned to MIDFIRST BANK and will be sent for recording. The said Mortgage and Assignments are incorporated herein by reference. 5. The land subject to the Mortgage is: 326 CHARLES ROAD MECHANICSBURG, PA 17050 and is more particularly described in Exhibit "B" attached hereto. 6. The said Defendants are the real owners of the property. 7. The Mortgage is in default due to the fact that Mortgagors have failed to pay the installment due on August 01, 2008 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $19.74 per day From 07/01/2008 To 01/01/2009 ( based on contract rate of 6.8750%) Accumulated Late Charges Late Charges $30.02 From 08/01/2008 to 01/01/2009 Escrow Credit Attorney's Fee at 5% of Principal Balance TOTAL $104,800.00 $3,632.16 $228.33 $150.10 ($153.57) $5,240.00 $113,897.02 "Together with interest at the per diem rate noted above after January 01, 2009 and other charges and costs to date of Sheriff s Sale. The attorney's fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclose and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendants are not members of the Armed Forces of the United States of America, nor engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act No. 91 of 1983 (Homeowners' Emergency mortgage Assistance Payments Program) and Defendants have either failed to meet the time limitations as set forth therein or have been determined by the Housing Finance Agency not to qualify for assistance. A copy of said notices is attached hereto as Exhibit T". WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 6.8750% ($19.74 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PURCE ,KRUG & HALLER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) MIN: 1 90 9 7 4677922872P •' r s ?" t Losch, Michael ' A JUSTABLE RATE NOTE (LIBOR Six-Month Index (As Published in The Wall Street Journal)-Rate Caps-10Year Interest Only Period) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. May 26, 2006 Mechanicsburg PA [Date] [city) [state] 326 Charles Rd Mechanicsburg, PA 17050 [Property Address) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S.$104 , 800.00 (this amount is called "Principal"), plus interest, to the order of Lender. Lender is Quicken Loans Inc. , a Michigan corporation. I will make all payments under this Note in the form of cash, check or money order. I understand that Lender may transfer this Note. Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.875 %. The interest rate I will pay may change In accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will make a payment on the first day of every month, beginning on July 1. 2006 Before the First Principal and Interest Payment Due Date as described in Section 4 of this Note, my payment will consist only of the interest due on the unpaid principal balance of this Note. Thereafter, I will pay principal and interest by making a payment every month as provided below. I will make my monthly payments of principal and interest beginning on the First Principal and Interest Payment Due Date as described in Section 4 of this Note. I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date, and if the payment includes both principal and interest, it will be applied to interest before Principal. If, on June 1, 2036 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at P,O. Box 530483, Livonia, MI 48153-0483 , or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of U.S. s 600.42 until the first Change Date. After the first Change Date, my monthly payment will be in an amount sufficient to pay accrued interest, at the rate determined as described in Section 4 of this Note until the First Principal and Interest Payment Due Date. On that date and thereafter, my monthly payment will be in an amount sufficient to repay the principal and interest at the rate determined as described in Section 4 of this Note in substantially equal installments by the Maturity Date. The Note Holder will notify me prior to the date of changes in monthly payment. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 or 5 of this Note. ?? I? (? ?I I 2006/03 lodal.pcl Page 1 of 5 1111111140 983124489 A. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Charge Dates The initial fixed Interest rate I will pay may change to an adjustable interest rate on the first day of June 2011 , and the adjustable Interest rate I will pay may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable rate and each date on which my adjustable interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my adjustable interest rate will be based on an Index, The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR*), as published In The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index,* If the index is no longer available, the Note Hodder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest We by adding Two and One-Quarter percentage points ( 2,250%) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of my monthly payment. For payment adjustments " occurring before the First Principal and Interest Payment Due Date, the amount of my monthly payment will be sufficient to repay all accrued interest each month on the unpaid principal balance at the new interest rate, If I make a voluntary payment of principal before the first Principal and Interest Payment Due Date, my payment amount for subsequent payments will be reduced to the amount necessary to repay all accrued interest on the reduced principal balance at the current Interest rate. For payment adjustments occurring on or after the First Principal and Interest Payment Due Hate, the amount of my monthly payment will be sufficient to repay unpaid principal and interest that i am expected to owe in full on the Maturity Date at the current interest rate in substantially equal payments. (D) Limits on interest Rate Changes The interest rate i ram required to pay at the first Change Date will not be greater than 11.875 % or less then 2.250 %, Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than One and No-Thousandths percentage point(s) ( 1.000 %) from the rate of interest I have been paying for the preceding Six months. My interest rate will never be greater then 11.875 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date, I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question d may have regarding the notice. (G) Data of First Principal and Interest Payment The date of my first payment consisting of both principal and interest on this Note (the *First Principal and Interest Payment Due Date") shall be that date which is the 10 th anniversary date of the first payment due date, as reflected in Section 3(A) of the tote, 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Princip only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that) am dolr so. I may not designate a payment as a Prepayment If I have not made all the monthly payments due under tt Note. I may make a full Prepayment or partial Prepayments without paying any Prepayment charge. The N Holder will use my Prepayments to reduce the amount of Principal that i owe under this Note. However, the F Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before apps +•?.od PW 2 of 5 my Prepayment to reduce the Principal amount of this Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. If the partial Prepayment is made during the period when my monthly payments consist only of interest, the amount pf the monthly payment will decrease for the remainder of the terra when my payments consist only of interest. if the partial Prepayment is made during the period when my payments consist of principal and interest, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate Increase. S. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other ban charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me that exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of Fi fteen calendar days after the date it is due, I will pay a late charge to the We Holder. The amount of the charge will be 5.040% of my overdue payment of interest during the period when my payment is interest only, and of the principal and Interest thereafter. i will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, 1 will be in default. (C) Notice of Default If i am in default, the Note Holder may send me a written notice telling me that if i do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal that has not been paid and all the Interest that I owe on that amount, That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay Immediately in full as described above, the Note Holder will still have the right to do so If I am In default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay Immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. S. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Unless the Note Holder requires a different method, any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Note Holder at the address stated in Section 3 (A) above or at a different address if i am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of 20DW3 Wa3.pd Page 3 of 5 Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictlons. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Securely Instrument"), dated the same date as this Note, protects the Note Holder from possible losses that might result If I do not keep the promises that I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment In full of all amounts I owe under this Note. Some of those conditions read as follows: (A) Until my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument shall read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, Installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if sorrow is not a natural person and a beneficial interest in Borrower Is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shalt not be exercised by Lender if such exercise Is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. (B) When my initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section 4 above, Uniform Covenant 18 of the Security Instrument described in Section 11(A) above shall then cease to be in effect, and Uniform Covenant 18 of the Security Instrument shall instead read as follows: Transfer of the Property or.a Beneficial Interest in Borrower. As used in this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. if all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shag not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. 200GN3 ioda4.pd Page 4 of 5 To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. if Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower falls to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. A ?r7 e- 4?/ ? 05/261200 eal Michael C. Losch Borrower . 05/26/2006x1) Meguiff Losch Borrower (Seal) Borrower (Seal) Borrower WITHOUT RECOURSE Pay To the Order of (Seal) Borrower MUM g? (Seal) By Borrower SCOTT 4 WN APTUR R C (Seal) Borrower (Seal) Borrower Without recourse, pay to rile orciu: „t: Op Flroaucial So ces, Cas fMP, t dent [Sign Original Only] 2006103 loda5.pd Page 5 of 5 Land situated In the Township of Hampden In the County of Cumberland In the Stele of PA BEGINNING AT A POINT ON THE WESTERLY LINE OF CHARLES ROAD, WHICH POINT 18 80 FEET SOUTH OF THE SOUTHWESTERLY CORNER OF CHARLES ROAD AND DELBROOK ROAD; THRICE ALONG THE WESTERLY LINE OF CHARLES ROAD, SOUTH 8 DEGREES Q MINUTES WEST, 60 FEET TO A POINT; THENCE NORTH 61 DEGREES 0 MINUTES WEST. 120 FEET TO A POINT; THENCE NORTH 37 DEGREES 27 MINUTES EAST, 8623 FEET TO A POINT; THENCE SOUTH 81 DEGREES 0 MINUTES EAST, 87.5 FEET TO A POINT, THE PLACE OF BEGINNING. BEING LOT NO. 14, BLOCK °B" ON PLAT NO.1 OF DEL BROOK MANOR WHICH SAID PLAN IS RECORDED IN PLAN BOOK 6, PAGE 42, CUMBERLAND COUNTY RECORDS. Commonly known as: 325 Charles Rd, MachanlcsbuM PA 17050 ? ?611 6\"kbJ Dec-04-08 08:13am From-MIDLAND MORTGAGE REFERRAL M i.dian d NX P-0 . Sox 26648 T-802 P.02/13 F-722 ortgage C o. 0 klabom s C ity$ 0 191611oW a pbuas (600) 552-2000 Bra (405) 426-1739 DATE: 09/22/08 MICHAEL C LOSCH 326 CHARLES RD MECHANICSBURG PA 17050-3005 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM F ORECLOSURE INS is an Official node t the MMSIge on XW bg= is M &&W1, and t111ender into fotjcw. S • ific oMengQ a al, nature Q the default is Rd 4W the attached Daces T Hoiq'3 MORTG ASSIS A,iCF 'RAj (HFMAP-1-maY able to levee v ur h-qW. no notice =lain bow the p a{{1 wom. )0, y_Qu =gI with the 'naliQg Ate. 'i'dle name, Addness_ and }e nuMba of Constf Credit Coin g Ades servinst your a*o callsm m call 717 780-3940 [Pere with t hearij1>i cpcall (717) 780- This Notice contains ittlpm=t legal mformauon. If you have any questions, representatives at the Consumer Crcdu Counseling Agency may be able to help explain it. You tray also want to contact an amx=y in your area. The local bar association may be able to help you find a lawyer. ?k i(ii 6 1 1 ?14 , Dec-04-09 09:13am FrwM[DLAND MORTGAGE REFERRAL T-902 P.03/13 F-722 LA NOTWICACION EN ADJUNTO ES DE SOMA IMPORTANCIA, PUFS AFECTA STJ D&RECHO A CONTINUAR ViV]ENDO EN SU CASA. ST NO COMPRENDE EL CONTENM DE ESTA NOTWICACION ORTENGA UNA TRADUCCION INMEDTTAMENTE LL.AMANDO ESTA AGFNCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCI0NAD4 A JBA. PU`W S SER ELEGIBLE PARA UN PRESTAMO PR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" F4. CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A RF.DIMIR SU HIPOTECA. Homeowner's Name(s): Property Address: Loan Account No.: render/Servicer: MICHAEL C LOSCH MFGUMILOSCH 326 CHARLES RD MECIiANICSBURG PA 17050-3005 51506425 MidFirsi 13w*Udlmd MorEme Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WrM TIM PROVISIONS OF THE ROMEOWINER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TAE "ACT"), YOU MAY BE ELIGIBLE FOR EWRGENCY MORTGAGE ASSISTANCE: 17 YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MT+ RT OTHER ELIGIBILITY REQUIRI?:MENTS ESTARLISAED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. Ighitg Y IM QE fQj= S JU -- Under the Act, you arc entitled to a temporxy stay of foreclosure on your mortgage for hurry three (33) ckys from the date of this Notice. During that ume you must arrange and attend a "face-w-face- n==8 with one of the conaumer credit couroeling agencies listed at the end of this Nowe. THIS b=ING NMW OOCUR Dec-04-08 09:13am From-MIDLAND MORTGAGE REFERRAL T-802 P.04/13 F-722 CONSUMES Q OUNS"G, A"N S - If you meet with one of the consumer credit counseling agencies listed at the cud of this Nonce, the lender TMY NOT take action against you for thirty three (33) days after the date of This meeting. 'rnC DAM UWMM 0d te]?4lnr ,jumben of desiM=d conssuu ncr credit jig agm ies or the ems in and b The o?erty is ma& we set f_ or At the end Q f this Nonce. It is Only necessary to schedule one face-to-face meeting. Advise your lender iM=diately of your iatentions. ACMI Q= FMAORIPAGE AL%VMCE - Your mortgage is in defauh for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) if you have vied and are usable 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 Mortgage Assistance Program Application with one of tine designated consumer credit counseling agencies lisped at the end of this Nonce. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a eomplew application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty three (33) days of your face-wface meeting. YOU MST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO ISO $O OR IF YOU DO NOT FOLLOW THE OTIM TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IhOaDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL. BE DENIED. AG&NCX ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by tine Agency under tine eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have inlet the time requirements set forth above. You will be notitle i directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTSECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THUS NOTICE IS FOR INFORMATION 1PURPOSTS ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have tiled baalmiptcy you can sell apply for Emcrgeacy Mortgage AwIstaisce-) Dec-04-06 06:13am Fro"IDLAND MORTGAGE REFERRAL T-602 P.05/13 F-722 RQW TO CURE YOUR 11'dQ T± "G PEFAULI 01dal is H to date . NAB,lLIRE Ol DZ & 3W - The MORTGAGE debt held by the above lends on your property located sr. 326 CHARLES RD M"ECHANICSBURG PA 17050-3005 IS SEUOUSLY IN DEFAULT because YOU HAVE NOT MADE MONTRI.Y MORTGAGE PAYMENTS for the following months and the Wowing amounts are now past due: e Total Due $1725.05 which includes: (a) Monthly payments from 8/1/08 through 09/22/08 (at $724.38 per motntb) (b) Uncollected Late Charges and Other Allowable Fees gM TO gn 3Z=>41> LV&T -- You may cure the default within THIRTY TIDE (33) DAYS of the dam of this notice BY PAYING THE TOTAL AMOUNT PAST IOUE TO THE LENDER, WRICH Is 2 .05 PLUS ANY MORTGAGE PAS AND LATE CHARGES wwoi BECOME PAST DUE DURING TIME THIRTY THR£E (33) DAY PERIOD. Pavrt = MW be mWk a by cash. cis &s F cu d k or v o made tu}y b e IQ Mid Mangan Co. at tt ci it RAY= ssmg mown on you t couM. 1' XQ-U DO NO QM THE BMW - if you do not cure the default within THIRTY TfakU (33) DAYS of the date of dus Notice, fkkW# bW6 to IM019 19KWis to WdW the marsgs?e d t• This means that the entire outstanding balance of tins debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installmcnts. If full payment of the total amount past due is not made wathin THIRTY (33) DAYS, the lender also intends to instruct its attorneys To start legal action to &Md2se pan your JTAE_ Mme, ORTG&GE IS F=CLQSEU IM RN- - The mortpi ed propertry will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case m in 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, of 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 $$0.00. Any art me)es fees wan be added to the amount you owe the lender, which tray include other reasonable casts. It you cure the deta t within the THIRTY THYtEE (3 ,} DAY Rg", not be Fgquired 12 Ray 's g=R LE t;,& BEMLP_1E9 - Tlw lender may also sue you personally for the unpaid principal balance and all other sutras due under the mortgage. RIM TO QH = RU& .T ERM TO s , -S - If you have not cured the default within the: TURRTY THREE (33) DAY period and foreclosure proceedings have begun, M srill ve ft rig r M g ult XM= the all al mmX b= uo t one hour bef mils Shsnf's Sale. You may do Why M=g lk u al amQW then due. Wm any late or eda dwaes then due- =gamble Ws fm and ma wmtected wilt3ft fQl+tc, losure Uk and aav g1b" cats connected w% t SbCo s Salk as McciAgd iA mi§Sgty the tender and by m firming any giber uir in b1 adthe mw ace. Curln& your default in the mummer set forth in tbb notice will restore your mortgage to tho saim pos(tiau as V you iuad mover defaulted. Dec-04-08 08:14ae From-MIDLAND MORTGAGE REFERRAL T-802 P.06/13 F-722 M& M U $ , FIS U/?Tf - It is estimated that The earliesi date that such a Sheriffs Sale of the mortgaged property could be held would be approximtefy SIX (6) woubs !rout the date of this Notice. A notice of the actual date of the Sheriffs 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 exactly what the required payment or action will be by contacting the lender. aQM = CQWACT &X=R: Midland Mortgage Co. 999 NW Grand Blvd. Suite 110 Oklahoma City, OX 73119 Phone(800)552-3000 C/o Tammy Bragg 999 NW Orand Blvd, Suite 110 Oklahoma City, OK 73118 Phone (405)426-1132 Email: TammyJ m @MidfhsLcom MC OF WUM'j SA?..E - You should realize that a Sheriil's Sale will end your ownership of the =Mpged property and your right to occupy it. If you conrmw to live in the property after the Sbenfrs Sale, a lawsuit to remove you and your ftmiishings and other belongings could be started by the lender at any time. ASSjMIMON Off' MO „ TGAGE - You may or may not be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, depending on the terms and conditions outlined in your mortgage and provided that all iha o=auidtq payments, charges and attomey's fees and costs are paid prior to or at the sale and that the other requiremmits of the mortgage are satisfied. YOU MAY ALSO HWU In Jam: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENbING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE TM DEFAULT (HOWEVER, YOU DO NOT IiAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NON UxISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER TIM MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. Dec-04-09 09:14am Fran-MIDLAND MORTGAGE REFERRAL T-902 P.07/13 F-722 Enclosed is is list of coasw= credit cowseling agencies scrvft your county. please note *at if ft iaau was in Qafauit mt ibe time MuW4 began servww& it. we are required tQ advise you that dais communicaum is from a debt collector, this is an atzstrrpt to collect a debt, $04 any iaformnou obuR hvd will be uscd for that purpose. 7006 1300 000D 4534 2578 i Dec-04-09 09:15am Fro"IDLAND MORTGAGE REFERRAL T-902 P.00/13 F-722 LA NOTWICACION EN ADJUNTO ES Dfi SUMA IMPORTANCIA. PUSS AFECTA SU DERECHO A CON"TIN[JAR VIVMNW EN SU CASA. SI NO COMPRI+NDE F-L CONTRNIDO DE ESTA NOTWICACION OBTENGA UNA TRADUCCION INMMITAMENTE LLAMANDO ESTA AGBNCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDFS SER EL.EGIBLE PARA UN FRESTAMO PR EL PROGRAMA LLAMADO "IiOM -OWNFR'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" F.I. CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDAKIR SU HIPOTECA. Homeowner's Name(s): Property Address: Loan Account No.: Lcader/Servim: MICHAEL C LOSCH MEGUMI LOSCH 326 CHARLES RD MECHANICSBURG FA 17050-3005 51506425 MidFirn Bank Uidl=4 Mortgage Co. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE -ACT"), YOU MAY RE ELIGIBLE FOR. EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BRING AX TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGLBILTTY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. UMMXQUU 1W OF EM!Qf-0 - under the Am you are amded m a temporary stay of foreclosure on your mortgage for thirty three (33) days firm the date of this Notice. During that time you must armage and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR Dec-04-08 08:15am Front-MIDLAND MORTGAGE REFERRAL T-802 P.10/13 F-722 g0jQ[lE$ CREDIT CMSELINC AGENCIIES -1f you meet with one of the eousomer cnxht caunseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty three (33) days after the date of this meeting. Tt - and ZLQbone numb of iterated consumer credit ggutsafts agosia for ft 22M in RSA X is located ere set forth at the end of this Notice. It is only necessary to schKdule one face-to-fue meeting. Advise your lender immediately of your inunticros. APPI-.I = N FOR M=GA0,4081AN - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific mformarion about the nature of your default.) If you have tried and are unable w resolve this problem with the leader, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Progmrn. To do so, you must fill out, sign and file a completed homeowner's Emergency Mortgage Assistance Program Appl=tion with one of the desigpatod 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 three (33) days of your face-to-ft?ee meeting- YOU MUST FILE YOUR APPLICATION PROMPTLY. 17 YOU FAA. TO DO SO OR IF YOU DO NOT FOLLOW TIM OTHER TIME PERIODS SET FORTH IN THIS I ETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME V4NMI11ATnY AND YOUR. APPLICATION FOR MORTGAGE ASSISTANCE WILL BE 1IFNIED. AGENCY A , 'ION - Available funds for emergency mortgage assistance arc very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania liousmg Finance Agency has sixty (60) days to make a decision after it receives your application. During that ti=, no foreclosure proceedings will be pursued against you if you have met the rime requirements set forth above. You will be notified directly by the Painsylvanm Dousing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FA.ING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDEREA AS AN ATTEMPT TO COLLECT THE DEBT. (if you have filed bankruptcy you can still apply for Ertrorga:ncy Mortgage Assistance.) Dec-04-08 08:15u From-MIDLAND MDRTGAIE REFERRAL T-802 P.11/13 F-722 19QW TO CURE YOU MM-ORT_ [SAGE DEVAUL.T MBE it ua to date). Mn= OF THE F1?FAULT - The MORTGAGE debt held by the above lender on your property located at: 326 CHARLES RI) ME CSBURG PA 170SO-3005 IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MARE MONTHLY MORTGAGE PAYMENTS for the following tnanths and the following waouuus are now past due: e Total Due $1725.05 which includes: (a) Monthly payments from 8/1/08 through 09/22/08 (at $724.38 per month) (b) Uncollected Late Charges and Other Allowable Fees UQW TO Cj, In DUAULT - You may curt the dcAiuh within THIRTY THREE (33) DAYS of the data of this notice BY PARING THE TOTAL, AMOUNT PAST DUB TO THE UNDER, WHICH IS $1725.0 . PLUS ANY MORTGAGE PAYMF'S AND LATE CHARGES WHICH BECOME PAST DUE DURING THE THIRTY THREE (33) DAY PERIOD. ft)aWis mu t g made either by qamsL icr's cheer ccrtiflie3 C k er money g= marls payable to MidlandUorteare Ca at *a exiditrd amts-zing, jd4=z shown on y= R&l mrnt coupon. J9 YOU NOT C IM D>EF& T - if you do not cure the default within THIRTY THRIM (33) DAYS of the date of this Nouce, fifer JaWds to ea , Lts d k12 ggedsrate the mormM dot. This means that the entire outstanding balance of this debt vnll be considered due immediately and you may lose the chance to pay the mortgage in monthly mstallments. If full payment of the total amount past due is not made within TK RTY (33) DAYS, the lender also intends to instruct its attorneys to start legal action to &j.Wose unoa voar momma nrooerty. IF = A==&QE IS E=cL!U = I - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, butt you cure the delinquency before the leader 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 exc=4 $50.00. Any attorney's fees will be added to the amount you owe the lender, which may include other reasonable cam. U 0 !MAD 5 - The lender may also sue you personally for the unpaid balance and all other sums due under the mongage. [t It U TOE CEE = 2 R?,,iJ?'1j` PAR. OR TO SBE11tLFF'S MU - If you We not cured the default within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, yoU still have the rjUbt c 04 111dWY IUM Up to one hour hL4m the Shenff:g Me- Yag do so by Ming the total amunt then due- pled, any I= orewcbmm then de, nabla WLQM*s feet aed costs C202W, 4 With The fomlosure sale ad aDy otbcr g sus MOMIgd with f $bd,ff!s Sale as specified in ft ft by the lender a by g g Any other rem}iremertt-under the tt aaaC. Curing your detm* In the manner %a forth to this notice wM restore your anortgage to the same position as R you had never defaulted. Dec-04-06 00:16am From-MIDLAND MORTGAGE REFERRAL T-602 P.12/13 F-722 EAU= POD S IUMSS 3ALEP3 U - It is estimated that the earliest date that such a Shaffs Sale of the mortgaged property could be bald would be apprnslt utely SIX (d) waft from the date of this Notice. A notice of the actual date of the Sba f's Sale will be sent to your before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out exactly what the required payment or action will be by contacting the lender. AOW TO CON'&CT TAE I.ENAE 999 NW Grand Blvd, Suite 110 Oklalwma City, OK 73118 Phone (800)552-3000 C/O Tammy Brag$ 999 NW Grand Blvd, Suite 110 Oklahoma city, OK 73118 Phone (405)426-1132 Email: Tammy.Brag&@K4fransom JIUCT OF SAEM'S SALE - You should realwe that it Sheriffs sale will end your ownership of the mostgaged property and your right w occupy it. If you ccmrinue to live in the properry after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by die lender at any time. ASSUMPTION OL MAR g",6 - You may or may not be able to sell or transfer your home to a buyer or transferee who will assume the manpSe debt, 4epen4w8 on the wrars and corghtuous outlined m your aYmpgc and provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. XOU MA,X AUO HAVE GAT: 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 MST. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DRFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER. YOU DO NOT HAVE THIS RIGHT TO CURT: YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER FEDERAL BANKRUPTCY LAW. Dec-04-06 06:16am FrwMIIDLAND MORTGAGE REFERRAL T-602 P.13/13 F-722 Fnclosc4 is a list of consumer credit coumelms agencies serving your coUnty. please note that if the loan was m default at the time Munud begp servicing it, we are requurd to advtsc you that this co=numctttiou is from a debt collCCW. this is an attetngt to coned a debt, and arty mformaU tt obtained will be used for that purposo. 7008 13DO 0000 9534 2561 ---- _21 - i ir IIIII1I0 COMPANY NAME: MIDFIRST BANK, SERVICING AGENT FOR U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated DEC, 20 Title Vice President Nli SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-07440 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS LOSCH MEGUMI 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 OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT OCCUPANT 326 CHARLES ROAD MECHANICSBURG, PA 17050 THERE WERE NO OTHER OCCUPANTS. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 6.00 .00 /- 5.00 R. Thomas line 10.00 Sheriff of Cumberland County PURCELL KRUG HALLER 01/05/2009 Sworn and Subscribed to before me this day of A. D. Cr- C 7 i i. -`(- -?' C ? Ct"J r, SHERIFF'S RETURN - REGULAR CASE NO: 2008-07440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS LOSCH MEGUMI 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 LOSCH MEGUMI the DEFENDANT , at 1303:00 HOURS, on the 3rd day of January , 2009 at 326 CHARLES ROAD MECHANICSBURG, PA 17050 by handing to MICHAEL LOSCH HUSBAND 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 Sworn and Subscibed to before me this of 18.00 10.80 .00 10.00 .00 38.80 day So Answers: R. Thomas Kline 01/05/2009 PURCELL By. A. D. cc .rte . t ? r L}A .._, ?l _ ? ?? ?l SHERIFF'S RETURN - REGULAR CASE NO: 2008-07440 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS LOSCH MEGUMI 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 LOSCH MICHAEL C the DEFENDANT , at 1303:00 HOURS, on the 3rd day of January , 2009 at 326 CHARLES ROAD MECHANICSBURG, PA 17050 by handing to MICHAEL LOSCH 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 Sworn and Subscibed to before me this of 6.00 .00 .00 10.00 .00 16.00 So Answers: R. Thomas Kline 01/05/2009 PURCELL KRUAM By. day A. D. ccx,, L r3 LL C' yy co U 1 m ? . . - tl.- C7 (?v U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMILOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 MORTGAGE FORECLOSURE PRAECIPE TO THE PROTHONOTARY OF THE WITHIN COUNTY: Please enter JUDGMENT in rem in favor of the Plaintiff and against Defendant(s) MEGUMI LOSCH and MICHAEL C. LOSCH for failure to plead to the above action within twenty (20) days from date of service of the Complaint, and assess Plaintiff's damages as follows: Unpaid Principal Balance $104,800.00 Interest $3,632.16 Per diem of $19.74 From 07/01/2008 To 01 /01 /2009 Accumulated Late Charges $228.33 Late Charges $150.10 ($30.02 per month to 01 /01 /2009) Escrow Deficit $153.57 5% Attorney's Commission $5,240.00 TOTAL $113,897.02 "Together with additional interest at the per diem rate indicated above from the date herein, based on the contract rate, and other charges and costs to the date of Sheriff's Sale. PURCELL, KRUG & HALLER By Leon P. Flafler PA I.D. # 15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 7 r U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF Vs. MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237.1 I hereby certify that on January 28, 2009 I served the Ten Day Notice required by Pa. R.C.P. on the Defendant(s) in this matter by regular first class mail, postage prepaid, as indicated on the attached Notice. By Leon P. Haller 11A I.D. # 15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-H, Plaintiff VS. MEGUMI LOSCH AND MICHAEL C. LOSCH Defendants DATE OF THIS NOTICE: January 28, 2009 TO: MEGUMI LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7440 CIVIL ACTION LAW IN MORTGAGE FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 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 SERVICE TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 717-249-3166 PURCELL, KRUG & HALLEJV? LEON P. HALTER, Attorney for Plaintiff I.D. # 15700 1719 N. Front St., Harrisburg, PA 17102 (717) 234-4178 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMILOSCH MICHAEL C. LOSCH, Personally appeared before me, a Notary Public in and for said Commonwealth and County, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this'aday o? - 20 U /0 r LEON P ALLER, ESQUIRE wu DEFENDANT NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Aug. 8, 2010 " . v; . ,{ _ Ct? "-G "22 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NOTICE OF ENTRY OF JUDGMENT TO THE ABOVE-NAMED DEFENDANTS: You are hereby notified that on the following judgment has been entered against you in the above-captioned matter: T? $113,897.02 and for the sale and foreclosure of your property located at: 326 CHARLES ROAD MECHANICSBURG, PA 17050 Dated: February 12, 2009 PRO Attorney for Plaintiff: Leon P. Haller 1719 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4178 I hereby certify that the following person(s) and their respective addresses are the proper individuals to receive this Notice pursuant to PA R.C.P. No. 236 MEGUMI LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 / .• IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 08-7440 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Total Judgment Amount $113,897.02 ON BEHALF OF THE HOLDERS OF BANC OF Interest $3,158.40 AMERICA FUNDING CORPORATION MORTGAGE Per diem of $19.74 to sale PASS-THROUGH CERTIFICATES, SERIES 2006-H, date 6/10/2009 PLAINTIFF Late Charges $210.14 $30.02 per month to sale vs. date 6/10/2009 Escrow Deficit $1,697.50 MEGUMI LOSCH MICHAEL C. LOSCH, TOTAL WRIT $118,963.06 DEFENDANT(S) *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, June 10, 2009 (PROTHONOTARY'S USE) Pltf, Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned Date: February 12, 2009 Attorney for Plaintiff 1719 North Front Street P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 326 CHARLES ROAD MECHANICSBURG, PA 17050 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY t t p_ 40- D P -W U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMILOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 326 CHARLES ROAD MECHANICSBURG, PA 17050: Name and address of the Owner(s) or Reputed Owner(s): MEGUMI LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Midland Mortgage Co. 999 NW Grand Boulevard Oklahoma City, OK 73118 MERS P. O. Box 2026 Flint, MI 48501-2026 i 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 326 CHARLES ROAD MECHANICSBURG, PA 17050 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made s ject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. err PA I.D. # 15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: February 12, 2009 03 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriff s Sale of Real Property (real estate) will be held: DATE: Wednesday, June 10, 2009 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 326 CHARLES ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-7440 JUDGMENT AMOUNT $113,897.02 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MEGUMI LOSCH and MICHAEL C. LOSCH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 I ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the southwesterly corner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 minutes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF MEGUMI LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee on behalf of the Holders of BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-H, Plaintiff (s) From MEGUMI LOSCH and MICHAEL C. LOSCH (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 $113,897.02 L.L. $.50 Interest per diem of $19.74 to Sale Date 6/10/09 -- $3,158.40 Atty's Comm % Due Prothy $2.00 Atty Paid $194.80 Other Costs : Late Charges: $30.02 per month to sale date 6/10/09 - $210.14 Escrow Deficit: -- $1,697.50 - PLUS ADDITIONAL COSTS TO 6/10/09 Plaintiff Paid Date: 2/17/09 Curtis R. g, Prothon tary K (Seal) By: REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Deputy Supreme Court ID No. 15700 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that I have deposited in the U.S. Mails at Harrisburg, Pennsylvania on AJa4 lanoq , a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail, which mailing receipts are attached. Service addresses are as follows: MEGUMILOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 326 CHARLES ROAD MECHANICSBURG, PA 17050 Midland Mortgage Co. 999 NW Grand Boulevard Oklahoma City, OK 73118 MERS P. O. Box 2026 Flint, MI 48501-2026 By PU ELL, G & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES HOWARD B. KRUG LEON P. HALLER JOHN W.PURCELLJR. JILL M. WINKA BRIAN J. TYLER NICHOLE M. STALEY O'GORMAN MEGUMI LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT ? J aC 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 2344178 FAX (717) 234-1206 326 CHARLES ROAD MECHANICSBURG, PA 17050 Midland Mortgage Co. 999 NW Grand Boulevard Oklahoma City, OK 73118 MERS P. O. Box 2026 Flint, MI 48501-2026 HERSHEY (717)533-3836 JOSEPH NISSLEY (1910-1982) JOHN W.PURCELL VALERIE A. GUNNOF COUNSEL NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that you have an opportunity to protect your interest, if any, by being 'feed of said Sheriffs Sale. By: Leon P aller PA I.D.15700 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 10, 2009 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 326 CHARLES ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-7440 JUDGMENT AMOUNT $113,897.02 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MEGUMI LOSCH and MICHAEL C. LOSCH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the southwesterly corner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 minutes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF MEGUMI LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 7160 3901 9845 7318 8369 7b: MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 SENDER: NOS 06/10/09 REFERENCE: MIDLAND/LOSCH RETURN age RECEIPT Csrtitied Fee SERVICE Retum Receipt Fee -TOW PoetAe 3 Fees ' US Poster Service POS Receipt for API Certified Mail No Insurance Coverage Provided Do Not Use for International Mal 7160 3901 9845 7318 8376 7O: MEGUMI LOSCH 326 CHARLES ROAD j MECHANICSBURG, PA 17050 SENDER: NOS 06/10/09 REFERENCE: MIDLAND/LOSCH RETURN Postage RECEIPT Certified Fee SERVICE Retum Receipt Fes i TOW Postage 3 Few a A US Postal Service Receipt for Certified Mail No Insurance Coverage Provided Do Not Use ,r International Mail I MIDLAND MORTGAGE COMPANY v. MEGUMI LOSCH MICHAEL C. LOSCH Cumberland County Sale 6/10/2009 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: MEGUMILOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 n1y v a5n FFO? °? - b r? WCJ ?c OAP P?l"Q F PITN?Y BOWES 02 1A $ 01.100 0004353871 FEB24 2009 MAILED FROM ZIP CODE 1 710 2 MIDLAND MORTGAGE COMPANY v. MEGUMI LOSCH MICHAEL C. LOSCH Cumberland County Sale 6/10/2009 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: TENANT/OCCUPANT 326 CHARLES ROAD MECHANICSBURG, PA 17050 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Midland Mortgage Co. 999 NW Grand Boulevard Oklahoma City, OK 73118 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: MERS P. O. Box 2026 Flint, MI 48501-2026 a?l??z7i P' C4 '?Es Posr,4 mmo=W PITNEY BOWES 02 1A. $ 01100 0004353871 FEB24 2009 MAILED FROM ZIPGODE 1 71 02 OF THE PROTHONOTARY 2009 JUN -4 PM 3.4 S PENNSYLVANIA t c. rr 7HFft,ED-r' ;E In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7440 Civil Term 2009 JUL -7 AN 10: 11 f/?t if 5 1 `J Lj h6 ? t. w+lt,? ? U.S. Bank National Association as Trustee on Behalf of the Holders of Banc of America Funding Corporation Mortgage Pass-Through Certificates Series 2006-H VS Megumi Losch and Michael C. Losch Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on February 28, 2009 at 1010 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Megumi Losch and Michael C. Losch, by making known unto Gage Losch, son and as Adult in Charge, at, 326 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0858 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 Megumi Losch and Michael C. Losch, located at, 326 Charles Road, Mechanicburg, Cumberland County Pennsylvania, according to law. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Megumi Losch and Michael C. Losch, by regular mail to their last known address of, 326 Charles Road, Mechanicburg, PA 17050. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 16.49 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 21.60 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 355.00 Patriot News 305.85 Share of Bills 15.43 / ?p9 841.87 Ig So Answers, R. Thomas Kline, Shenff A By Real Estate Coordinator 1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 326 CHARLES ROAD MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): MEGUMILOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Midland Mortgage Co. 999 NW Grand Boulevard Oklahoma City, OK 73118 MERS P. O. Box 2026 Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 326 CHARLES ROAD MECHANICSBURG, PA 17050 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made s ject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. er PA I.D. 415700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE:February 12, 2009 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, June 10, 2009 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 326 CHARLES ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-7440 JUDGMENT AMOUNT $113,897.02 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MEGUMI LOSCH and MICHAEL C. LOSCH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the southwesterly corner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 minutes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF MEGUMI LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee on behalf of the Holders of BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2006-H, Plaintiff (s) From MEGUMI LOSCH and MICHAEL C. LOSCH (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 $113,897.02 L.L. $.50 Interest per diem of $19.74 to Sale Date 6/10/09 -- $3,158.40 Atty's Comm % Due Prothy $2.00 Atty Paid $194.80 Plaintiff Paid Date: 2/17/09 (Seal) Curtis R. Lon , rothonotar By: Deputy REQUESTING PARTY: Name: LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Other Costs : Late Char¢es: $30.02 per month to sale date 6/10/09 - $210.14 Escrow Deficit: -- $1,697.50 - PLUS ADDITIONAL COSTS TO 6/10/09 Supreme Court ID No. 15700 Real Estate Sale # 52 On February 26, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 326 Charles Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Oate: February 26, 2009 By. ' A ?i SS .E Cj 0z 01i 6001 y ?? , ?he Patriot-News Co. 812 Market St, Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 9 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisser, Notary Public City Of Hsniatwrg; Dauphin county My CamrrrbWm Expires Nov 28. 2011 Member, PennWvanle Association of Notarbs Real Estate Sale No 52 Writ No 2008-7440 Civil Term U.S. Bank National Association as Trustee on behalf of the Molders of Banc of America Funding Corporation Mortgage Pass-Through Certlfcates, Series 2006-H VS Meguml Losch Michael C. Losch Attorney Leon P. Haller LEGAL DESCRIPTION ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the southwesterly corner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 minutes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No.1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame, dwelling known as 326 Charles Road(f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD. AS THE PROPERTY OF MEGUMI LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 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: May 1, May 8, and May 15, 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. ,?Aisa Mane Coyne, E for SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL, ESTATE BALM NO. 52 Writ No. 2008-7440 Civil U.S. Bank National Association as Trustee on behalf of the Holders of Banc of America Funding Corporation Mortgage Pass- Through Certificates, Series 2006-H VS. Megumi Losch and Michael C. Losch Atty.: Leon P. Haller ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hamp- den in the County of Cumberland and Commonwealth of Pennsylva- nia, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the south- westerly corner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 min- utes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF Megumi Losch and Michael C. Losch on Judgment No. 08-7440. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 08-7440 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE Total Judgment Amount $113,897.02 ON BEHALF OF THE HOLDERS OF BANC OF Interest $7,214.10 AMERICA FUNDING CORPORATION MORTGAGE Per diem of $19.74 to sale PASS-THROUGH CERTIFICATES, SERIES 2006-H, date 03/03/2010 PLAINTIFF Late Charges $450.30 $30.02 per month to sale vs. date 03/03/2010 Escrow Deficit $1,894.40 MEGUMI LOSCH MICHAEL C. LOSCH, TOTAL WRIT $123,455.82 DEFENDANT(S) *Plus additional interest, late charges and other costs to date of sheriffs sale. SALE DATE: Wednesday, March 03, 2010 (PROTHONOTARY'S USE) Pltf. Paid Deft. Paid Due Proth/Clerk Other Costs PRAECIPE FOR WRIT OF EXECUTION - MORTGAGE FORECLOSURE TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned c Date: October 30, 2009 C? Attorney for Plaintiff 1719 North Front Street Leon aller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 326 CHARLES ROAD MECHANICSBURG, PA 17050 Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY 1 ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the southwesterly corner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 minutes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF MEGUMI LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 F!LE U ^t: -rp_ r, ` - Tr ?Y r. 2004 P 0V -3 I1(0: 32 P?. ?? err ?ast-s r- G `?3Sr?? cr g 1i. vo r q? 2 L . C d i? a ?k e0 r, ? 0 64 cfia 0 ;3 1? %G3 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed before me this?,,?day of 20 il' e???ALTH ?F PFt11r';. L: g+yq {?#Rt,L SEAL MARYLANG? K. ERgrlTl. Notary Public Lower Paxton LMyommission L piresaAugin8, 2010 LEON PAIALLER, ESQUIRE THE F D 1,;`P;,lTAPY 2009 NOV -3 AN 10: 32 d U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMILOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 326 CHARLES ROAD MECHANICSBURG, PA 17050: Name and address of the Owner(s) or Reputed Owner(s): MEGUMI LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Midland Mortgage Co. 999 NW Grand Boulevard Oklahoma City, OK 73118 MERS P. O. Box 2026 Flint, MI 48501-2026 t GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo, IA 50702 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANVOCCUPANT 326 CHARLES ROAD MECHANICSBURG, PA 17050 Gage Losch 326 Charles Road Mechanicsburg, PA 17050 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made bject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 30, 2009 r VI ,; 2009 NOV -3 1'M 13: 33 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF VS. MEGUMILOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, MARCH 03, 2010 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 326 CHARLES ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-7440 JUDGMENT AMOUNT $113,897.02 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MEGUMI LOSCH and MICHAEL C. LOSCH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the southwesterly corner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 minutes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF MEGUMI LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 FiGl;.. L 2 `99 Nu" V -3 Ail ifj: 3 3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7440 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, Plaintiff (s) From MEGUMI LOSCH AND MICHAEL C. LOSCH, (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$113,897.02 L.L. Interest PER DIEM OF $19.74 TO SALE DATE 03/03/2010 - $7,214.10 Atty's Comm % Atty Paid $1,058.17 Due Prothy $2.00 Other CostsLATE CHARGES $30.02 PER MONTH TO SALE DATE 03/03/2010 - $450.30 ESCROW DEFICIT - $1,894.40 *PLUS ASSITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE. Plaintiff Paid Date: November 3, 2009 (Seal) CurtiM Long, ry By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER, 1719 NORTH FRONT STREET, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy pt?ilp °C v:urrlLrr?4,14 f rat - py Z iO fr; i 3 r'?` ?2. 43 Fdward L Schorpp Solicitor US Bank National Association Case Number vs. Megumi Losch (et al.) 2008-7440 SHERIFF'S RETURN OF SERVICE 12/21/2009 08:01 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 2000 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 Megumi & Michael C. Losch, located at, 326 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 12/21/2009 08:01 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 2000 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: Megumi Losch, by making known unto, Michael C. Losch, husband of defendant, at, 326 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12/21/2009 08:01 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 21, 2009 at 2000 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: Michael C. Losch, by making known unto, Michael C. Losch, personally, at, 326 Charles Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 01/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Leon Haller on 1/25/10 SHERIFF COST: $739.11 SO ANSWERS, March 05, 2010 RON R ANDERSON, SHERIFF (0? ,ounfySWtc S^€:!r!ff. Te'eos.^,fl. In;. C2.00 p't, Cv a4ai 7 IV & y< M-f'a30'10 k U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P YLVANIA CIVIL ACTION LAW k", k NO. 08-7440 IN MORTGAGE FORECLOSURE MEGUMI LOSCH MICHAEL C. LOSCH, DEFENDANT(S) AFFIDAVIT PURSUANT TO RULE 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 326 CHARLES ROAD MECHANICSBURG, PA 17050: 1. Name and address of the Owner(s) or Reputed Owner(s): MEGUMI LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 MICHAEL C. LOSCH 326 CHARLES ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the Judgment, if different from that listed. in (1) above: SAME 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: UNKNOWN 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Midland Mortgage Co. 999 NW Grand Boulevard Oklahoma City, OK 73118 MERS P. O. Box 2026 Flint, MI 48501-2026 GMAC Mortgage, LLC 3451 Hammond Avenue Waterloo, IA 50702 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: DOMESTIC RELATIONS Cumberland County Courthouse 13 North Hanover Street Carlisle, PA 17013 TENANT/OCCUPANT 326 CHARLES ROAD MECHANICSBURG, PA 17050 Gage Losch 326 Charles Road Mechanicsburg, PA 17050 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made bject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: October 30, 2009 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, PLAINTIFF vs. MEGUMILOSCH MICHAEL C. LOSCH, DEFENDANT(S) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 08-7440 IN MORTGAGE FORECLOSURE NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.1 TAKE NOTICE: That the Sheriffs Sale of Real Property (real estate) will be held: DATE: Wednesday, MARCH 03, 2010 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 326 CHARLES ROAD MECHANICSBURG, PA 17050 THE JUDGMENT under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: No. 08-7440 JUDGMENT AMOUNT $113,897.02 THE NAMES OF THE OWNERS OR REPUTED OWNERS of this property is: MEGUMI LOSCH and MICHAEL C. LOSCH A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. 4 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc 8 Irvine Row Carlisle, Pennsylvania 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of -the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the southwesterly coiner of Charles Road and Delbrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 minutes west, 120 feet to a point; thence north 37 degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF MEGUMI LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-7440 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H, Plaintiff (s) From MEGUMI LOSCH AND MICHAEL C. LOSCH, (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$113,897.02 L.L. Interest PER DIEM OF $19.74 TO SALE DATE 03/03/2010 - $7,214.10 Atty's Comm % Due Prothy $2.00 Arty Paid $1,058.17 Other CostsLATE CHARGES $30.02 PER MONTH TO SALE DATE 03/03/2010 - $450.30 ESCROW DEFICIT - $1,894.40 *PLUS ASSITIONAL INTEREST, LATE CHARGES AND OTHER COSTS TO DATE OF SHERIFF'S SALE. Plaintiff Paid Date: November 3, 2009 (Seal) /_1 kq 4 W urtis R. Lon_&jWHrotaJ By: Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: PURCELL, KRUG & HALLER, 1719 NORTH FRONT STREET, HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: (717) 234-4178 Supreme Court ID No. 15700 On November 25 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered 326 Charles Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. _ Date: November 25, 2009 AY: eal Estate Coordinator - A w PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 22, JanpM 29, and February 5 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L' a Marie oyne, Editor SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 r Notary / NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2008-7440 Civil US Bank National Association as Trustee, on behalf of the Holders of Banc of America Funding Corporation Mortgage Pass-Through Certificates, Series 2006-H vs. Megumi Losch Michael C. Losch Atty: Leon P. Haller ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hamp- den in the County of Cumberland and Commonwealth of Pennsylva- nia, more particularly described as follows: BEGINNING at a point on the westerly line of Charles Road, which point is 80 feet south of the south- westerly corner of Charles Road and Deibrook Road; thence along the westerly line of Charles Road, South 9 degrees 0 minutes west, 60 feet to a point; thence north 81 degrees 0 min- utes west, 120 feet to a point; thence north 37degrees 27 minutes east, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B° on Plan No. 1 of Del Brook Manor which said Plan is recorded in Plan Book 6, Page 42, Cumberland County Records. HAVING thereon erected a one and one-half story frame dwelling known as 326 Charles Road (f/k/a 2 Charles Road) Mechanicsburg, PA 17050. TAX ID#: 10-22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schnaithmann and Stephanie N. Schnaithmann by deed dated 8/22/00 and recorded 8/24,/00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and Michael C. Losch. TO BE SOLD AS THE PROPERTY OF Megumii Losch and Michael C. Losch on Judgment No. 08-7440. PROPERTY ADDRESS: 326 Charles Road, Mechanicsburg, PA. ,The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4 e atn"o twNew s 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/22/10 01/29/10 02/05/10 ..??.. . - ...... Sworn to and suscribed before me this 24 dzfof e uar , 2010 A.D. -? Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L. Kisner, Notary Public City Of Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Docket Number: 2008!7440 Civil Term 9S Bank National Asset as Trustee, on behalf of he . Holders of Banc of America Funding Corporation Mortgage Pass-Throe . Certificates, $erlelt.20tl H vs. Msguml Losch MiChaOi C Losch Atty: Leon P. Heller ALL THAT CERTAIN tract of parcel of land and premises, situate, lying and being in the Township of Hampden in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly line of 'Charles Road, which point is 80 feet south of the southwesterly comer of Charles Road and Deibrook Road; thence along the westerly line of Charles Road, South 9 Agrees 0 minutes west, 60 feet to a point; thence'.$orth 81 degrees 0 minutes west, 120 feet io. a point; thence north 37degrees 27 minutes easi, 68.23 feet to a point; thence south 81 degrees 0 minutes east, 87.5 feet to a point, the place of Beginning. BEING Lot No. 14, Block "B" on Plan No.1 of Del Brook Manor which said Plan is recorded in Plan Book 6, ,Page 42, Cumberland County Records. HAVING thereon erected a one and one-hadstory framg;dwelling known as 326 Charles ?oad (f/kta 2 Charles Road) Mechanicsburg, PA 17050. TAX W. 10- 22-0525-048. BEING THE SAME PREMISES WHICH Peter K. Schmuthmarm and Stephanie N. Schnaithmann by deed dated 8/22100 and recorded 8124J00 in Cumberland County Record Book 227, Page 925, granted and conveyed unto Megumi Losch and, Michael C. Losch. TO BE SOLD AS THE PROPERTY OF MEGUMII, LOSCH AND MICHAEL C. LOSCH ON JUDGMENT NO. 08-7440 PROPERTY ADDRESS: 326 Charles Road, Mechanicsburg, PA F I I F D ? - „-.- r ty` 20M JUL 22 s„c 11: ?5 Cv?d _;1u'\T Y Leon P. Haller Purcell, Krug & Haller 1719 N. Front Street Harrisburg, PA 17102-2392 (717) 234-4178 lhallerftkh.com U. S. BANK, NATIONAL ASSOCIATION: AS TRUSTEE ON BEHALF OF THE HOLDERS OF BANC OF AMERICA FUNDING CORPORATION MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2006-H Plaintiff VS. MEGUMI LOSCH AND MICHAEL C. LOSCH, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 08-7440 IN MORTGAGE FORECLOSURE P R A E C I P E Please mark the judgment entered in the above case satisfied of record, because the Mortgage has been reinstated and the default cured. Date: July 2, 2010 By Leon P. Hal]ir ID #15700 Attorney f?°Jr Plaintiff *g.00 pa ATr4 e Tv 158910(0 P,*- ayst?33