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Home My WebLink About09-2306Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- BACKED CERTIFICATEST SERIES 2006-BC3 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 V. HENRY EARL FERGUSON, III 914 Brandt Avenue New Cumberland, PA 17070 Plaintiff Defendant 24447CFC-DD Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CA - aac(A 0,iV1l wr"M CIVIL ACTION - MORTGAGE FORECLOSURE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta a sentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea a visado que si usted no se defiende, la corte toma ra medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades o otros de rechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO VAYA EN PERSONA O TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEDE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTED NO TIENE EL DINERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE PODEMOS DAR INFORMACION SOBRE AGENCIAS QUE PROVEEN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVICIOS A COSTO REDUCIDO O GRATUITO CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED MAY BE USED FOR THAT PURPOSE IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15. U.S.C. §1692, et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANYT PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY(30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQQEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECFEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit #7 Secane, PA 19018 (610) 328-2887 Attorney I.D. #52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES 2006-BC3 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff V. HENRY EARL FERGUSON, III 914 Brandt Avenue New Cumberland, PA 17070 Defendant 24447CFC-DD Attorney for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NO. CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificatest Series 2006-BC3, a bank organized and existing under state law, with offices for the conduct of business at 14523 SW Millikan Way, Suite 200, Beaverton, OR 97005. 2. Defendant, Henry Earl Ferguson, III is the mortgagor and real owner of premises 914 Brandt Avenue, New Cumberland, PA 17070, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendant, mortgagor, and real owner, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendant, mortgagor, and real owner to Mortgage Electronic Registration Systems, Inc. as Nominee for Wilmington Finance, Inc. on April 14, 2006, which mortgage is recorded on April 21, 2006 in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1947, Page 3096 secured on premises 914 Brandt Avenue, New Cumberland, PA 17070 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made in conformity with the terms of the mortgage, from September, 2008 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance $ 154,148.50 Interest from 8/1/2008 to 4/8/2009 at $33.74 per diem $ 8,468.74 Accrued late charges $ 346.38 Accrued Escrow deficit $ Corporate Advances $ 293.00 Attorney's Fee (5% of unpaid Principal balance) $ 7,707.42 Title Information Certificate $ 515.00 Escrow Balance $ (339.48) Total $ 171,139.56 9. 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 Sheriffs sale. If the mortgage is reinstated prior to the Sheriffs sale, reasonable attorney's fees will be charged based on work actually performed. 10. Plaintiff sent to defendant, mortgagor, and real owner a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted, although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $171,139.56, plus per diem interest at $33.74 from April 9, 2009 to the date of judgment plus costs thereon. Von Rosenstiel Attorney for Plaintiff VERIFICATION MARTHA E. VON ROSENSTIEL, ESQUIRE, of full age, verifies that she is the attorney for the plaintiff in the foregoing action; that she is authorized to make this verification on behalf of plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. This verification is being executed by the attorney for plaintiff in accordance with Pa R.C.P. 1024( c ) as a signed verification could not be obtained by plaintiff within the time allowed for filing of the pleading. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CRTAIN piece or pastaed of laid goo in flee Som"It of New C umbedsutd, Cumberlmd Cowq, Polmolvala, mum put;cnlsuly baemndead and des Abod as follows, to wit; a a poke on do soudam Om eaf Bt'* Avu=, which polm Is 23Z.00 feet m"uW womudly Wmg the soudx=1m of Bsaadc Avemmt fl ern do soudme a earner of Btu* Avenue am Nxvh Sum/,??rr,,. ; donee aloft I vAs now or forme y of.}C.??ter C. Dn+u, Soudh 12 d8VW Sri mbm We x, i 110.00fM to a pciMo thence by On h sum Nanh 7I 4WW Of t p We*. e*. 65.00 to a pakt; dknoe by the am, NOM 12 degrees 54 minuet East, 110.00 feat to Brandt Avenue; donm by Ox soutum lifts of Brandt Avrrnm, South 77 dogs 06 tnlrmm Eant, 65-W that to Om poittt or piece: of BEGINNING. as xn eyed by D. P. RxYmttpeaW, R.S., on Mg 31, M4 and blown eW ttmlx m i as 914 Rx" Avw=. Now Gmttbsulaad, PA 17M. Wilshire" w Janua.tti 28, 2009 CERTIFIED RETURN RECEIPT AND REGULAR. FIRST CLASS MAIL - L178G FERGUSON.. HENRY EARL III 914 BRANDT AVE NEI W CUMBERLAND, PA 17070 RE: Lok?n No.: 2332498 ACT 91 NOTICE Phone 888.502.0100 Fax 503.952.7476 Website https: /lwww. wcc. ml, com TAKE ACTION TO SAVE YOUR HOME FROM F ORECLOSURE (Continued) YOU SH0( LI) CC N'SIDE:R 'EEIIS LE:T'TLA AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED BY YOU WILL B USED TO COLLL;CT THES DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS I)EC3T I'EI!S E.I'.'I°EI;R IS 40T AN ATTEMPT TO COLLECT'I'EIE DEBT. BUT NOTICE OF POSSIBLE ENi'ORCE;MI,N Of OUR LIEN AGAINST THE (,t?I.LATL R A?. PIZO PI RI" COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES ACT, SET ._atr le l_:i:.1uuuedcitiah? k tfm NEW YORK CETV: License 1032551. NOR I1 CAROLINA: Permit 3840 TENNESSEE: This collection agency is cc Board cat' the Department of Commerce and Insaranee. Wilshire Credit Corporation is licensed to do business at 14523 S.N'. S ii!&iu1 wayv Beavclivn. i'Ni Gvilsinrc s uilicu hour .ire MaaJag Friday 6axt ati7 to S:0(i Pm i'acific titne, holidaystxcludcd. Wilshire Credit Corporation Payments P.O. BOX 105344; Atlanta, GA 30348-5344 or P.O. Box 7195; Pasadena, CA 91109-7195 Correspondence P.O. Box 8517; Portland, OR 97207-8517 G/ f arr?r FERG1J SON, HENRY EARL III Loan Na.: 2332498 Page 2 lanuatti' 28, 2009 LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, DUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMR SCI HIPOTECA. H001MEOWNERS' NAME(S): PROPERTY ADDRESS: LOAN ACCT. NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: FERGUSON, HENRY EARL III 914 BRANDT AVE NEW CUMBERLAND, PA 170701564 2332498 WILMINGTON FINANCE, INC. Wilshire Credit Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOJJ MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE W HICH CAN SAVE YOUR HOME FROM ,FORECLOSURE AM HELP YOU MAKE FUTURE MORRIGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF 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 (Continued) YOU SIIOI I D C 'ONSI DE:R "PHIS L[ I"PE::R AS COMING PROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED f3Y YOl! WILL RE USED TO COLLECT THIS DEBT. HOWEVER. IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE? OF THIS IrI'.C? i . 1 IilS I I".I'I'€ R is NOT .AN ATTEMPT TO COLLECT TIME DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST "PHI? COL.L.AT11,,A1. I'EtON:R IA' COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRACTICES Ar:°h. SE - hrtp "s>'«?+ i'u st t ?. a.u>, sct ca tc;?a?;i ctin NEW YORK CITY: L.icen,e 1032551. NORTIi CAROLINA: Permit 3846- TE NN SSE L: this eol!c tion a-MICY is c,.t;ef h< Ii ?!_?tton ervicc Board ol'the D4pariment of Contmerce and Insurancc. VlTikhirc Credit Corporation is licensed to do business 3t 1452-3 S AV I ItIlsK.m Way, Bearveiloo. (M, k1?ikh r.'s office hours are Monday- Friday 6JR) am to 5:e(} pm Pacific time, holidaysexcluded LI'YG This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. FERGUSON. HENRY EARL Ill Loan No.: 2332498 Nme 3 JanUary 28, 2009 IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face -to-face" meeting with one of the consumer credit counsel ing agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN ..r. Tn vily r r%^ Ar/1T A DDI V VnD GIYI Gixt.,i r.a ??. a. i.. va?a BART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO f RING YOUR MORTGAGE UP TO DATE. You must have a face-to-face meeting with one of the designated consumer credit counseling agencies within thirty-three (33) calendar days. ?ON'SUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for thirty(30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling , sq-ies for the county in which the pronertv is located axe set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender Immediately of your intentions. APPLICATION FOR MORI AIASSISTANCE- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must till out, sign and file a completed Homeowner's Emergency Mortgage Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE. A HEMAPAPPLICATION ASSOONASP SS{?IBLE IF YOUHAVEA MEETING WITHA COC.','YSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE JLVR FILE AN APPLIC. it 77ON WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEAI POR•t RIL Y PREVENT ED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, LN THE SECTION CALLED "TEMPORARYSTAY OF FORCLOSURE'r. YOU 11A YE THE RIGHT TO FILE A HEIVAP i DDI I!'ATION EVEN BEYOND TFIF.SF. TIME PERIODS. A LATE APPLIC-1'1'ION WILL NOT PREVENT THE LENDER FROMSTARTINGA FORECLOSUREACTION, BUT IF YOUR APPLICI TION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE 11"ILL BE STOPPED. (Continued) YOU SIIOUI..1'. CO'\SIDER TI IIS I.ETTER AS( 'OMING FROM A DEBT COLLIaCTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDED 31' YUt W il.1, BE USED TO COLLECT THIS DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUPTCY DISCHARGE of THIS .3?'L':'. tills 1-1:1 TGR IS NOT AN A"11TMPT'TO COLLFCr THE DEBT', BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST THE COLLA I t ,,f 1 <r PIJZ t COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT' (OI I KTION PRACTICES ACT ` E {U.xll,r mincPm. NEW YORK CIT : License 1031,551 NORTH CAROLINA; Permit 3540. FENNFSSFE: This collec.ion agency is lr,cnzed b.% rLe C '.I, G c S_n r,:e Board of the 17ep:irtment of Commerce anti insurance. Wilshire Credit Corporation is licensed to do business at 14523 S W'- Millikan ttiae. I3eas crtnr,. t )lt :N di irc*s office hours are riondw, Friday ,100 am to 5;oO pm Pacific time, holidza s excluded. t;1 "St: FERGU SON, I-4ENRY EARL: 111 Loan N0.: 2332498 Pane 4 January 28, 2009 AC,-FN CY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency, has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notif led directly by the Pennsylvania Housing Finance Agency of its decision on your application. Nt)TE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date.l NATURE OF THE DEFAULT-- The MORTGAGE debt held by the above lender on your property located at: 914 BRANDT AVE NEVI' CUMBERLAND, PA 170701564 IS SE MOUSLY IN DEFAULT because: YOL.- I LAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Your loan is delinquent for the following months: September 2008, October 2008, November 2008, December Past I) ue Installments: Principal Interest 1;scrow Installment Othei- Open Charges: Prior Servieer Charge Late C harrgyes $0.00 Property Inspections 0.00 Valuations 0.00 Less Suspense (Balance) Totals $649.64 5,123.26 996.10 $6,769.00 WCC Charges $288.65 $288.65 11.00 11.00 130.00 130.00 $429.65 $0.00 (Continued) YOU SIiO(10 C N'sIDER 11115 t H-ITR AS COMING FROM A DEBTCOLLECTORAS wF. SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDEI) BY YOt: WII L. BE I I )To COLLECT THIS DEIST. HOWEVER, IF YOU ARE IN DANKRUP'rCY OR RECEIVED A BANKRUPTCY DISCHARGE OF THIS I)LU"i MI5 Ll t TER IS NO)T AN ATTEMPT' To COLLFcT,rF1F DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIL N AGAINST I"H(=. i'C)l.!.r\i'IItAi I'ROPFki'S O'OLORADO• FOR. INFORMATION ABOUT "rITF.. C'Oi.ORADO FAIR DEBT COLLECUON PRAC'IICTS ACT: SFf: httpj'A`tv,. uc ...,,rs"adc,..adc ain,crm INEW YORK CITY: License 1032551- NOR11 CAROLINA: Permit 3840 IENNESSEL: This colicctio n agenu is a ergs d h% 1 '_ c ,=,.:t:,,n cn=ice t't.a.d of the Ihpartment of t;vnunerce and Insurance. Wilshire Cradit Corporation is licensed to do business at 1=1+23 S AV Miltikxi bz'ay, Sc a? r€,tn, t )R A dshirc's officc liomr arc Monday - Friday (1:00 am to s 00 pm pac, fie time, holidays excluded. L i 718E FI RGU SON, HENRY EARL III Loan Nt)•: 2332498 Pave 5 January 28.2009 'rOTA L $7,198.65 HOW' TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $7.198.65, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURi NI G THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made navable and sent to: Wilshire Credit Corporation P.O. Box 7195 Pasadena, CA 91109-7195 IF YO U DO NOT CURE THE D FAAj,JLT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt, This means that the ent ire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments If full payment of the total amount past due is not made within THIR'T'Y (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaiged property IF THE MORTGAGE, IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off dtie mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $ 50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If Ygq cure the default within the THIRTY (301 DAY period you will not quired to pay attorney's fees. OTl i 1ER LENDER REMEDIE -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGfIT TO CURE THE DEFAULT PRI0R To SHERIFF'S SALE - If you have not cured the default within the "THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the . may do so by paying the deli. lit and prevent the sale at any time up to one hour before t(Lh,riffs Sale Y t(?tai_ari punt then past due. plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale an_d_ another costs connected with the Sheriffs Sale as specified in writing bjtitc tender and by performing any other requirements under the mortgage Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARIJEsT POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale o€' the mortgaged property could be held would be approximately eight (8) months from 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 amour t needed to cure the default will increase the longer you wait. You may find out at anytime exactly what (Continued) YOU Sit()(') 1) ( ' NSiD[R I HiS I IJTE_R AS COMING FROM A DEBT COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLLECTOR. ANY INFORMATION PROVIDFI) kY ` t it wu.t B6 usi,t) "ro C(?Lt.ECT'rhEls DEBT. HOWEVER, IF YOU ARE IN BANKRUPTCY OR RECEIVED A BANKRUVI'CY DISCHAROE OF TFItti DIES ; i l15 1-1:11-FR IS NOT AN ATTEMPT TO COLL ECT TI IF DEBT, BUT NOTICE OF POSSIBLE? ENFORCEMENT OF OUR LIEN AGAINST THE ' (,)LL.:4t!:R:°•.1, PROITRlY COLORADO: FOR INrORMATiON ABOUT THE' COLORADO FAIR DEBT COLLECTION PRACTICES ACE', SEE: TENNESSEE: I`his eoilcctian agetn:v is ttztp. ;wcsr ?xa,, ,r k;aclu adni. iit.cfnt NEW YORK CITN' License 103215l. NORTEI CAROLENA: Permit 3840, kt,?osed h i1 _ (:o. ,:;_tion S.a lee Board (4,01C Departnrcrr of Cr'mmer" and Insurance. Wilshity Credit Cerpvrntiim is licensed to do business at 14523 S W. dillik:m IN'ar, Beets rti •n. t t . N+iktiir,`'s of lax hours arc tidonday - Friday 6100 am to 5:00 pm Pacific time, holidays excluded. 117%yG FFRGU SON, HENRY EARL 111 Loati No.: 2332498 Page 6 January: 28, 2009 the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER: \a Inc of Lender/Servicer: Ad d ress: Phone Number: Fax Number: Contact Person(s): E:-Mail Address: Wilshire Credit Corporation P.O. Box 8517 Portland, OR 97207-8517 888.917.1050 503.946.3848 Holli Jennings or David Solomon loanworkoutgeneral@wcc.mLcom EFFECT OF O ERIFF'S SALE -You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. AS51IMPTION OF MORTGAGE - You X may or _ may not (CHECK ONE) sell or transfer your home to a buy er or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO AVE THE RIGHT: • TO SELL, THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO 1 LAVE 'ITHIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT I-IAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • O ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • "1"O ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION (Continued YOU S110( 1,1) CY)\SlD1 R TFIIS 1_I;T TER AS COMING PROM A DEIST COLLECTOR AS WE SOMETIMES ACT AS A DEBT COLEECTOR. ANY INFORMATION I'ROVIDFD BY YOt' WI1 131- 1 TO Col i.FcT TI11S DEBT_ ItOW VER, IF YOU ARE IN BANKRUPTCY OR. RECEIVED A BANKRUPTCY DISCHARGE OF TT1IS DF 10, '1 t+15 1.I,'iTER IS NOT AN AI-TEMPT "r0 COLLE,CT THE DEBT, Bli'r NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST TI If: COLLAIFT'l P(t,)M> RIY COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT C0I.i.E.C'TION PRACTICES AC^T; SFF http.::4wwal +.1,9a?l?,i.,r,%"nti_.t.adcna.iir.c6tn. NFW V'ORK CITY. Li*:ensc 1032531. iNORT11 CAROLINA: Pc€mA 384(} TENNESSEE: This collection agency is hk.ented 13o.n.I :?T Ilse Departnicnl o1Conarnerce and Ins!rrance. Wilshire Credit Corporation is licensed to. do husincss al 14523 S.W. % il4ikan Way, Beat :rt4,,: (W it d,hirc ? ollicc Iwurs xc vlondati - IYiday b. 011'1 am to 5:00 pm l'acrlic time; hot; days excluded ?.l 780 FERG ?SON, HENRY EARL III Loan. N co.: 2332498 Pa"yz Januarv- 28.2009 BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Enclosed is a list of Consumer Credit Counseling Agencies serving your county. Sincerely. Wilshire Credit Corporation Enclosures: PHFA list of HEMAP-approved agencies,How to Avoid Foreclosure YOU SHOULD C a') SI pF:F21 FAS l.a'' T'l LR A5 COMING FROM A DEBT' COLLECTOR AS WE SOMETIMES ACT AS A DEBT COIJ.EC'rOR. ANY INFORMATION PROVIDMD 13Y }'t l; WILI BE USI:D'r0 C0I,I.ECr'I'II1S DEBT. HOWEVER, IF YOU ARE IN BANKRUMVY OR RECEIVED A BANKRUPTCY DISCHARGE of THIS DI 'M , 111N LI-'!_.I'ER 15 NOT AN A'F"T'I MI' l' TO COLLECT THE DEBT, BUT NOTICE OF POSSIBLE ENFORCEMENT OF OUR LIEN AGAINST TI w C(A-LA]TftAlf1kol>F:RTY COLORADO: FOR INFORMATION ABOUT THE COLORADO FAIR DEBT COLLECTION PRAc-rwES w-r. SIT uttpa,iac.?t .?_:.'t,i<<4.it,, .adc'c<sd rnainJim_ NEW YORK CITY: License 1032.551. NORTH CAROLINA: Permit 3840. TENNESSEE: This wileetion akcnCY is cCnted h? s1,? 'C'? I _,.??7t Se rsiC,v BwVd ;,f the Juparir?tt.ni of Comrncree and Insurance. Wilshire Credit Cwporatzon is licensed to do business at 145113 S,W -Ijllrkan Wav. Beaoe-rion_ OW lshir i office hours aw Monday- Friday 6 00 am to 5:00 pin Pacific tune, holidays excluded 2009 APR i 3 PM 3: 26 * j%. 5o PO A`r'ty/ ce'V32% er*- aa3(0m Sheriffs Office of Cumberland County R Thomas Kline $?Ktr of cumbr",lfi Edward L Schorpp Sheri' Solicitor Ronny R Anderson Jody S Smith Chief Deputy OFFICE OF 7,E sK<aiFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/17/2009 10:26 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 17, 2009 at 1026 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Henry Earl Ferguson, III, by making known unto Henry Earl Ferguson, III personally, at 914 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania, 17070, its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $43.30 April 21, 2009 SO ANSWERS, 1, lae-011?' IFIC Ic ye&? R THOMAS KLINE, SHERIFF nin (Aj M I IL k ?61 WA I y puty eri Docket NO. 2009-2306 US Bank National Association v Henry Farl Ferguson, III c7n Q •'i CD j GJ CJ : fit? -G #24447CFJ-DN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES 2006-BC3 Plaintiff V. NO. 09-2306 HENRY EARL FERGUSON, III Defendant(s) PRAECIPE FOR DEFAULT JUDGMENT To the Prothonotary: (XX) Enter judgment in favor of Plaintiff and against: Henry Earl Ferguson, III for want of an answer. (X) Assess Damages as Follows Debt $ 171,139.56 Interest from 4/9/09 to 5/19/09 At $33.74 per diem $ 1,383.34 Total $ 172,522.90 I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this Praecipe was mailed or delivered to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of this Praecipe. A copy of the Notice is attached. R.C.P. 237.1 Attorney for Plaintiff Martha E. Von Rosenstiel Attorney I.D. #52634 Print/Type Name and ID Number Phone: (610) 328-2887 This djday of ?Iat , 2009 judgment is entered in favor of the Plaintiff and against Defendant(s), Henry Earl Ferguson, III by default for want of an answer and damages assessed at the sum of $172,522.90 as per the above certi ation. othono b rland County Maria E. Von Rosenstiel, P.C. #24447CTD - DD Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES COURT OF COMMON PLEAS CUMBERLAND COUNTY 2006-BC3 14523 SW Millikan Way, Suite 200 Beaverton, OR 97005 Plaintiff V. HENRY EARL FERGUSON, III 914 Brandt Avenue New Cumberland, PA 17070 Case No: 09-2306 Defendant TO: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 800-990-9108 r r F Marsha E. Von Rosenst el, Esq. Am-ney for Plaintiff Dated: May 8, 2009 #24447CFJ-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES 2006-BC3 Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 09L-2306, HENRY EARL FERGUSON, III Defendant S) NON MILITARY AFFIDAVIT Martha E. Von Rosenstiel, Esquire hereby certifies that: 1. I am the attorney for the plaintiff herein. 2. The individual involved in this action is the owner of the premises described in the mortgage underlying this action. 3. The procedures of the Law Office of Martha E. Von Rosenstiel, P.C. are designed to discover facts concerning the military status of the mortgagor(s) and/or real owner(s). 4. Said procedures were followed in connection with the instant foreclosure proceeding. 5. Inquiry made with the Department of Defense, has confirmed that the defendant(s) is/are not in the military. 6. On information and belief, named mortgagor(s) and real owner(s) is/are not incompetent nor a service member in military service as defined by the Servicemembers Civil Relief Act, 50 U.S.C. Appx. Section 501 et seq. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswornflsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 19, 2009 OF T}-E o ' j Y 2000M , ? ?2 N' t' 111: 5 i CUB -414.00 PA A'r'ty/ ft.,v 344 to 5 Z* u g 5®0 IJatcee. ?t? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Court House, 1 Courthouse Square, Carlisle, PA 17013 Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES: 2006-BC3 PLAINTIFF vs. HENRY EARL FERGUSON, III DEFENDANT(S) Curt Long, Prothonotary COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-2306 Notice Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indi ed b 1 i e amount of $172,522.90 on May 19, 2009. Curt L Prothonotary ?X Judgment by Default F] Money Judgment Judgment in Replevin Judgment for Possession ? Judgment on Award of Arbitration Judgment on Court Findings IWO If you have any questions concerning this notice, please call: Attorney Martha E. Von Rosenstiel, Esquire at this telephone number: 610-328-2887. Commonwealth of Pennsylvania COUNTY OF CUMBERLAND 24447CWE-DN U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES 2006-BC3 V. DOCKET NO. 09-2306 HENRY EARL FERGUSON, III ATTORNEY I.D. #52634 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE INTEREST from 5/20/2009 to 9/2/2009 At6% TOTAL* *Plus costs to be endorsed $ 172,522.90 $ 3,006.16 $ 175,529.06 Martha E. Von Rosenstiel Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 (610) 328-2887 PREM: 914 Brandt Avenue, New Cumberland, PA 17070 Q a to t? .. Q- $ a 0?.1? L7 ? O H o .,O o v ? ?rn W N r' P-+ O H y? r OV UHWdo ?.Z- 'mow v ,?A daU?o Z, ? ? v°', V ? ?N 0 a ?? Ox??H w '? 'jam o 0 d N o d v, U o x4 Va p H o ?cl O a C-A ley) d4W-H? Z ?`n`?H* o ??A?W x a p p, 7 .-o0 W ? ? v cn p Q et Mar4a E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 #24447CAM - DN Attorney for Plaintiff Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES: 2006-BC3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-2306 VS. HENRY EARL FERGUSON, III Defendant(s) AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 914 Brandt Avenue, New Cumberland, PA 17070: 1. Name and address of owners(s) or reputed owner(s) Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE 6.JName and address of every other person who has any record interest in the property and whose ' interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 914 Brandt Avenue New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statement a made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsificatio orit' Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 19, 2009 1L 4.2 P i2- A, Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 P.O. Box 822 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificatest Series 2006-130 14523 SW Millikan Way, Suite 200 Beaverton OR 97005 Plaintiff VS. Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 Defendants COURT OF COMMON PLEAS CUMBERLANDCOUNTY : No: 09-2306 AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Martha E. Von Rosens i - Attorney for Plaintiff 2 r03 I'it; i 2 ?' I t MaAa E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL Attorney for Plaintiff : COURT OF COMMON PLEAS ASSOCIATION, AS TRUSTEE FOR : CUMBERLAND COUNTY THE SPECIALTY UNDERWRITING : AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- : BACKED CERTIFICATEST SERIES : No: 09-2306 2006-BC3 Plaintiff VS. HENRY EARL FERGUSON, III Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: 24447CAM-DN The real estate and improvements, if any, located at and known as 914 Brandt Avenue New Cumberland, PA 17070 will be sold by the Sheriff of Cumberland County on Date of Sale: September 02, 2009 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 09-2306 in the Court of Common Pleas of Cumberland County by U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset- Backed Certificatest Series 2006-BC3, Plaintiff against Henry Earl Ferguson, III, Defendant(s). Judgment was entered on May 19, 2009 in the amount of $172,522.90. The property was seized and taken in execution as the property of Henry Earl Ferguson, III. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. Tax ID #26-24-0811-176 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 09-2306. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2306 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCAITION, as Trustee for THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES, Plaintiff (s) From HENRY EARL FERGUSON, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $172,522.90 L.L. $.50 Interest from 5/20/09 to 9/02/09 at 6% - $3,006.16 Atty's Comm % Due Prothy $2.00 Atty Paid $162.30 Other Costs Plaintiff Paid Date: 5/22/09 Curtis R. Long, Prothonotary (Seal) ??? Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: MARTHA E. VON ROSENSTIEL, PC 649 SOUTH AVENUE, UNIT 6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY #24447CAM - DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES: 2006-BC3 : NO: 09-2306 Plaintiff VS. HENRY EARL FERGUSON, III Defendant(s) AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on ;Tuna 9009 , true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 19, 2009 For Accountable Mall P1907 aft p0^? O w OD V CA CJi _N W N m 0 D m 7 O O Ot c 3 N ? y (D ?D N y 3 > 0 m m N y CD 441 _0 z -? (D 3 ° SvW? o c D 0 z?0 cD n ? mT0 N cD =TDOOT o c D 7 0 -T o 0o 2Cn? o -+SD TC-10> o?= y 0 !n x 0 0 000 w O c 0 m c ' Z > O? ( 0 w N N ( ?. 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D 7 3 wd,^°? n 0 C pm ID fD 6C O p. 0 °°° 3 0 ° 0 m n - r n? - - O 7 0 N o - O N CD a T a Ol 2' (a Co 0 N O N N C 0 m o 0 o -n m NITS 3 ° 0 = O n O d N "O to g? -7 Cr- so 0 N C j . 0_ 3 cD ?• N ' O° fi l? ? in fD ?• O 3 . n ay W fn a N t 0 a m n coo °m Z 0 F (Z) CD cs m m m ? m C) 0 0 m 10 Cf RED-OFFICE OF THE PROT -)NOTARY 2009 JUN -8 PM 4: 16 PEEN SYLb1,1 0. ~~_ AFFIDAVIT OF SERVICE {~{q p °y PLAINTIFF: 2n09 J1J~. + i ~ ~ ~ ' U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificatest Series 2006-BC3 COURT OF COMMON PLEAS G~.l~;,f ~.~;~ ~ '.'':..'1~~j C~~ DEFENDANT Cumberland COUNTY ~:'~f.,a,y,~.;`~;,il;"~.V~,I!?', COURT NO. 09.2306 Henry Earl Ferguson, II! SERVE UPON: Henry Earl Ferguson, lit TYPE OF ACTION 914 Brandt Avenue New Cumberland, PA 17070 XX WRIT OF EXECUTION and Notice of Sheriff's Sale 24447-AN SPECIAL INSTRUCTIONS: please serve defendant personally Sherfff"s Sate Date: 09/02/2009 or aduR in charge of premises SERVED Served sad made known to t•ENRI ~Rt- FE/~(TMSatii ~ Defendant, on the ~ST da of ~~ L 200 , at ~ o'clock, Lrl., at q L N Cti Commonwealth of Pennsylvania, is the manner described below: ~/ Defendant personally served. Adult family member with whom Defendant resides. Manager/Clerk of place of lodging in which Defendant resides. Relationship is Agent or person in charge of Defendant's office Adult in charge of Defendant's residence who or usual place Of business. refused _ Other to ive name/relationshi . Description: Age~Q~ Height ~ r~•. Weight !~3a Race ~ 5ex ~^ Other I, 20 NW-c-b M01-C_ , a competent adult, being duly sworn according to law, depose and state chat 1 personally handed to I ~ .~ 6usON. FZi a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Safe issued in the captioned case on the date and at the address indicated above. - -.~~-~= - Sworn to and subscribed ~~ before me his I sT day NOTARY RUF~I-.I~ of _~ , 20 ~ BTATE OF NEVIf JE~° N°~'~'' y ~rblfMfliiefOfl Expires Mnroh 7~ 2®9 ~ ~ NOT S£R On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Date of Attempt: before me this day of , 200_ Notary: By: ATTORNEY Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 6 Secane, PA 19018 610.328-2887 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~'! C'r~_.;~,~c,,,;- Sheriff _ , i r3;;s Jody S Smith _ Ff`'•°`~ , Chief Deputy 2~~~Jkl~! 1 ~ ~;"9 ~~ ~ Edward L Schorpp Solicitor C~ _ ~ . ~'~?' i ~- , US Bank National Association vs. Case Number Henry Earl Ferguson, III 2009-2306 SHERIFF'S RETURN OF SERVICE 06/26/2009 07:15 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 6/26/09 at 1910 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 Henry Earl Ferguson, III, located at, 914 Brandt Avenue, Cumberland County, Pennsylvania according to law. 08/25/2009 Property sale postponed to 11/4/2009. 11/03/2009 Property sale postponed to 1/6/2010. 01/05/2010 Property sale cancelled on 1/5/2010 01/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of instruction from Attorney Von Rosensteil. SHERIFF COST: $950.46 SO AN~.UVERS, -~; :. L January 07, 2010 O Y R ANDERSON, SHERIFF._,,.,~-:.~. ~,~.: ~ L' L~ 5"v Martha E.'Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES: 2006-BC3 Plaintiff VS. HENRY EARL FERGUSON, III Defendant(s) #24447CAM - DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-2306 AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 914 Brandt Avenue, New Cumberland, PA 17070: 1. Name and address of owners(s) or reputed owner(s) Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 914 Brandt Avenue New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements ~eiir~re made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification orit' ~.- __ "~' Martha E. Von Rosenstiel Attorney for Plaintiff Dated: May 19, 2009 24447CAM-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- BACKED CERTIFICATEST SERIES 2006-BC3 Plaintiff vs. HENRY EARL FERGUSON, III Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 09-2306 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 914 Brandt Avenue New Cumberland, PA 17070 will be sold by the Sheriff of Cumberland County on Date of Sale: September 02, 2009 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 09-2306 in the Court of Common Pleas of Cumberland County by U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset- Backed Certificatest Series 2006-BC3, Plaintiff against Henry Earl Ferguson, III, Defendant(s). Judgment was entered on May 19, 2009 in the amount of $172,522.90. The property was seized and taken in execution as the property of Henry Earl Ferguson, III. The property to be sold at Sheriff's Sale is described as follows: ALL THAT~CE,RTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. Tax ID #26-24-0811-176 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 09-2306. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 #24447-DN Martha E. Von Rosenstiel, P.C. Attorney for Plaintiff Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR THE SPECIALTY CUMBERLAND COUNTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- BACKED CERTIFICATEST SERIES 2006-BC3 Plaintiff NO: 09-2306 VS. HENRY EARL FERGUSON, III Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 1 10.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. IMPROVEMENTS: Residential dwelling Tax Parcel # 26-24-0811-176 TITLE TO SAID PREMISES IS VESTED IN Henry Earl Ferguson, III, single person, by reason of the following: BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Deed dated 8/12/1999 and recorded 8/i 3/1999 in the County of Cumberland in Deed Book 205, Page 866, conveyed unto Henry Earl Ferguson, III, single person, in fee. AND BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Corrective Deed dated 3/28/2002 and recorded 9/24/2002 in the County of Cumberland in Deed Book 253, Page 3471, conveyed unto Henry Eart Ferguson, III, single person, in fee. THIS DEED is to confirm and correct the deed from Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, to Henry Earl Ferguson, III, single person, dated August 12, 1999 and recorded August 13, 1999 with the Cumberland County Recorder of Deeds Office in Deed Book 205, Page 866 which deed erroneously excluded the buildings and improvements thereon erected as stated in the "ALL that certain" paragraph. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2306 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCAITION, as Trustee for THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATEST SERIES, Plaintiff (s) From HENRY EARL FERGUSON, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $172,522.90 L.L. $.50 Interest from 5/20/09 to 9/02/09 at 6% -- $3,006.16 Atty's Comm % Due Prothy $2.00 Atty Paid $162.30 Other Costs Plaintiff Paid Date: 5/22/09 Curtis R. Long, Prothon ar (Seal) By; Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: MARTHA E. VON ROSENSTIEL, PC 649 SOUTH AVENUE, UNIT 6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of New Cumberland, Cumberland County, PA Known and numbered as, 914 Brandt Avenue, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: Real Estate Coordinator _~-~ r--~ s~ ;nr `~ ~(J~ ' ~+ 611 -' the Patriot-News Co. 812 Market St. 'Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~he~latriot News NOw you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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: 07/24/09 07/31 /09 08/07/09 ~~~ ~ ~ 2 ~ ' .: " . ............... . Sworn to and.. ~bscribed before me this 14 ay' f At~ust, 2009 A.D. ~. '' ~,.~litiL ~ _ ~ •~ ~ ~ ~ ~~ ~ Notary Public _- COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public Cry Of Harrisburg; Dauphin County My Corrnnission Expires Nov 28, 2011 Member, Perinsvtv,~nia Association of Notaries Sale No. 31 Writ No. 2009-2306 Civil Term US Bank National Association vs. Henry Earl Ferguson, III Arty: Martha Von Rosenstiel LEGAL DESCRIPTION ALL THAT CERTAIN pieee or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particulazly bounded and described as follows, to wit: BEGINNING at a point on the Southem line of Brandt Avenue, which point is 232.00 feet measured Westwazdly along the Southern line of Brandt Avenue from the Southwest comer of Brandt Avenue and Ninth Streeu, thence along ]ands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes. East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. IMPROVEMENTS: Residential dwelling Tax Parcel # 26-24-0811-176 TITLE TO SAID PREMISES ~ VESTED IN Henry Earl Ferguson, III, single person, by reason of the following: BEING THE SAME PREMISES which Chazles F. Peters, Jr. and Jenrette A. Peters, husband and wife, by Deed dated 8112/ 1999 and recorded 811311999 in the County of Cumberland in Deed Book 205, Page 866, conveyed unto Henry Eazl Ferguson, III, single person, in fee. AND BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jenrette. A. Peters, husband and wife, by Corrective Deed dated 3!28/2002 apd recorded 9124/2002 in the County of Cumberland in Deed Book 253, Page 3471, conveyed unto Henry Eazl Ferguson, III, single person, in fee. THIS DEED is to confirm and correct the deed from Charles F. Peters, Jr. and Jenrette A. Peters, husband and wife, to Henry Earl Ferguson, III, single person, dated August 12, 1999 and recorded August 13, 1999 with the Cumberland County Recorder of Deeds Office in Deed Book 205, Page 866 which deed erroneously excluded the buildings and improvements !hereon erected as stated in the "ALL that certain" paragraph. PROPERTY ADDRESS: 914 Brandt Avenue, New Cumberland, PA 17070 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• July 24, July 31 and August 7, 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. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 31 Writ No. 2009-2306 Civil US Bank National Association Henry Earl Ferguson, III Atty.: Martha Von Rosenstiel LEGAL DESCRIPTION ALL THAT CERTAIN piece or paz- cel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the South- west corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. IMPROVEMENTS: Residential dwelling. Tax Parcel # 26-24-0811-176. TITLE TO SAID PREMISES IS VESTED IN Henry Earl Ferguson, III, single person, by reason of the following: BEING THE SAME PREMISES which Chazles F. Peters, Jr. and Jen- nette A. Peters, husband and wife, by Deed dated 8 / 12 / 1999 and recorded 8/13/1999 in the County of Cum- berland in Deed Book 205, Page 866, conveyed unto Henry Eazl Ferguson, III, single person, in fee. AND BEING THE SAME PREM- ISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Corrective Deed dated 3 / 28 / 2002 and recorded 9 / 24 / 2002 in the County of Cumberland in Deed Book 253, Page 3471, conveyed unto Henry Earl Ferguson, III, single per- son, in fee. THIS DEED is to confirm and cor- rect the deed from Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, to Henry Earl Ferguson, III, single person, dated August 12, 1999 and recorded August 13, 1999 with the Cumberland County Recorder of Deeds Office in Deed Book 205, Page 866 which deed erroneously excluded the buildings and improvements thereon erected as stated in the "ALL that certain" paragraph. PROPERTY ADDRESS: 914 Brandt Avenue, New Cumberland, PA 17070. ,.. ' 24447C WE-DN Commonwealth of Pennsylvania COUNTY OF CUMBERLAND U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC3 v. HENRY EARL FERGUSON, III COURT OF COMMON PLEAS DOCKET NO. 09-2306 ATTORNEY I.D. #52634 Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE $ 172,5 .90 INTEREST from 5/20/2009 to 12/8/2010 At 6 % $ ,108.48 TOTAL* $ 8,631.38 *Plus costs to be endorsed artha E. Von Rosenstiel Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 (610) 328-2887 PREM: 914 Brandt Avenue, New Cumberland, PA 17070 }- u C;) 4._;s ~1 J Z: .. L11 l~-- crr, w ~' -..a~,~- a 00 A O ,,~,,.~~ UW O~ ~ U v0~ O M N O~ 0 °z ~a CO ~ .,7 ~. M ~ : CL -~¢ SaRI Cl f11 o ~~~ ? d„ u '~ O H ¢~ wl DA~A ~ ~ ~ ~ U UH W<CP? O`-~U~o `,~ W~~~ d`~'~Q~ OxQ~~ zow~H wAOd H ~ ~ ~ ~~AO~ ~~~~U ~O C~7 W wl x Q. 1 7 l'n 0 W~ r.~1 O O ~ o ~+ w o°'n w o G. ~ .v c~ L V O -~- ~~ ~ ~ M N pp '""' N 0 N ~ ~ ~ .-~ 00 ~ ~ ~ a~ o O .~ 0 N ..~ N O N ~ .-. '~ o A ~, $ ~ O * N o ~ O Owo~olF-' ~E'"N.~O ~ m ~ a ~dH d * ~~ ~ a~ ~ ~~ ~, xo~~o? oa'' >~ o oQ~N w ;,~a°° ~ ~ ~ ~ M Oat U~ ~ 3 ~ _p~~ "Cj 4 ~ ~ ~~ Marth~E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney LD.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC3 Plaintiff VS. HENRY EARL FERGUSON, III Defendant(s) #24447CAM - DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY n NO: 09-2306 ~ ~ ,~ i_ .~~ µf J') _ , _• ,1 jl J a .- -L7 '..:~ i 7 ~~ oa AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 914 Brandt Avenue, New Cumberland, PA 17070: 1. Name and address of owners(s) or reputed owner(s) Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE ~. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 914 Brandt Avenue New Cumberland, PA 17070 ~I verify that the statements made in this affidavit are true and cc knowledge or information and belief. I understand that false statements of 18 Pa. C.S. Section 4904 relating to unsworlsification to authorit Martha E. Von Rosenstiel Attorney for Plaintiff to the best of my personal n are made subject to the penalties Dated: June 28, 2010 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 6 P.O. Box 822 Secane, PA 19018 610 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates Series 2006-BC3 14523 SW Millikan Way, Suite 200 Beaverton OR 97005 Plaintiff vs. Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 Defendants COURT OF COMMON PLEAS CUMBERLANDCOUNTY ~ ~ ._~ ~' o , --,~ `~ ~~ ~ rrt ~ ~.- te- = e't -~ .. ~ ~ r ` r _ ~ No: 09-2306 { - ` ~ '' ~I; ~- ;.. ~. -, , -Er -- - .i--~ ~ C.J { n C~.3' r ao ~ AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, sets forth as of the date the praecipe for the Writ of Execution was filed the following information concerning the last known addresses of the defendants are: 1. Name and address of owners(s) or reputed owner(s) and/or defendant(s) in the judgment: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statement~.l'ierein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to autha~tities. . Von Rosenstiel for Plaintiff ,/' Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL Attorney for Plaintiff COURT OF COMMON PLEAS 24447CAM-DN ASSOCIATION, AS TRUSTEE FOR CUMBERLAND COUNTY THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- BACKED CERTIFICATES SERIES 2006-BC3 Plaintiff VS. HENRY EARL FERGUSON, III Defendant(s) No: 09-2306 ~ ^' • ~,' ~ 1 } `~. ~ ~ t~ ~ y .. . ~-, ~ ~{ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 914 Brandt Avenue New Cumberland, PA 17070 will be sold by the Sheriff of Cumberland County on Date of Sale: December 08, 2010 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 09-2306 in the Court of Common Pleas of Cumberland County by U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset- Backed Certificates Series 2006-BC3, Plaintiff against Henry Earl Ferguson, III, Defendant(s). Judgment was entered on May 22, 2009 in the amount of $172,522.90. The property was seized and taken in execution as the property of Henry Earl Ferguson, III. The property to be sold at Sheriff s Sale is described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberand County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. Tax ID #26-24-0811-176 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 09-2306. You should check with the Sheriff's Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 .... .. Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS COURT OF COMMON PLEAS TRUSTEE FOR THE SPECIALTY CUMBERLAND COUNTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- BACKED CERTIFICATES SERIES 2006-BC3 ' Plaintiff NO: 09-2306 VS. HENRY EARL FERGUSON, III ' Defendant(s) LEGAL DESCRIPTION #24447-DN N G~ _ ( i 'n t~ ~ c_ ~ ~ ~. f£ r ~ ~~ =, ~ ~. -v -~ - . • ~ ~ ~ ._.V "c ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. IMPROVEMENTS: Residential dwelling Tax Parcel # 26-24-0811-176 TITLE TO SAID PREMISES IS VESTED IN Henry Earl Ferguson, III, single person, by reason of the following: BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Deed dated 8/12/1999 and recorded 8/13/1999 in the County of Cumberland in Deed Book 205, Page 866, conveyed unto Henry Earl Ferguson, III, single person, in fee. AND BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Corrective Deed dated 3/28/2002 and recorded 9/24/2002 in the County of Cumberland in Deed Book 253, Page 3471, conveyed unto Henry Earl Ferguson, III, single person, in fee. THIS DEED is to confirm and correct the deed from Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, to Henry Earl Ferguson, III, single person, dated August 12, 1999 and recorded August 13, 1999 with the Cumberland County Recorder of Deeds Office in Deed Book 205, Page 866 which deed erroneously excluded the buildings and improvements thereon erected as stated in the "ALL that certain" paragraph. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-2306 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 for THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC3, Plaintiff (s) From HENRY EARL FERGUSON, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $172,522.90 L.L. Interest from 5/20/09 to 12/8/10 at 6% -- $16,108.48 Atty's Comm % Due Prothy $2.00 Atty Paid $1,134.26 Other Costs Plaintiff Paid Date: 7/1/10 avid D. Buell, Prothonotary (Seal) By. Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: MARTHA E VON ROSENSTIEL, PC 649 SOUTH AVENUE, UNIT 6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 } r Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC3 Plaintiff VS. #24447CAM - DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-2306 cz c S~ ~i ~-, ; , 7~ ._a;~_ --=-~jj "'C a r -- w za c~ -~ -~ ~~ ~. ,_~ HENRY EARL FERGUSON, III Defendant(s) -.<: AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, hereby verifies that on ~ ~ ,true and correct copies of the Notice of Sheriff's Sale were served upon recorded lienholders and any known interested parties by regular first class mail, postage prepaid with Certificate of Mailing evidencing said service attached hereto as Exhibit I. I verify that the statements made in this affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements herein are made~dubject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authori Martha E. Von Rosenstiel Attorney for Plaintiff l~. 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U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed ?/??/ Certificates Series 2006-BC3 COURT OF COMMON PLEAS DEFENDANT Cumberland COUNTY Henry ran Ferguson, 111 COURT NO. 09-2306 SERVE UPON: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 TYPE OF ACTION XX WRIT OF EXECUTION and Notice of Sheriff's Sale SPECIAL INSTRUCTIONS: please serve defendant personally or adult Sherfrs Sale date: 12/8/2090 in charge of premises SERVED described below: 20- at o'clock . M., Defendant NOT FOUND beca")use:? C:.] cs # nknown No Answer Vacant --- Defendant personally served. Adult family member with whom Defendant Manager/Clerk of place of lodging in which Defendant resides. resides. Relationship is Adult in charge of Defendant's residence Agent or person in charge of Defendant's office or usual place of business. Other who refused to give name/relationship. Description: Age Ohs Height Weight 225 Race w Sex µ Other l'-, N L,(,. , a competent adult, being duly sworn according to law, depose and state that I personally handed to F420-4= 'A&M o JU a true and correct copy of the WRIT OF EXECUTION and Notice of Sheriffs Sale issued in the captioned case on the date and at the address indicat above. Sworn to and subscribed KIMBERLY CUP-Ty before me this R'h• day NOTARY WRSEY sTAn OF Ne\ MARCH 1, 2013 of _ t 20 , MY COMMIsS10N 6X ..--- Notary: By: --- _'V 17 NOT SE On the of Moved Time of Attempt: Result: O Date of Attempt: ?- r-M --4 o C'7 before me this M?vv ?vv day of 200_ Notary: By: 4- 41u- ATTORNEY SCANNED Martha E. Von Rosenstiel, P.C. 649 South Avenue, Unit 7 e Secane, PA 19018 a 610-328-2887 IFS 0 92010 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY L 77 f i,m 4'" 1 US Bank National Association Case Number vs. Henry Earl Ferguson, III 2009-2306 SHERIFF'S RETURN OF SERVICE 10/12/2010 07:04 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-12-10 at 1904 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 Henry Earl Ferguson, III, located at, 914 Brandt Avenue, New Cumberland, Cumberland County, Pennsylvania according to law. 11/29/2010 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 12/22/2010 As directed by Martha E. Von Rosenstiel, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 02/28/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 2/28/11. SHERIFF COST: $952.28 February 28, 2011 SO ANSWERS, 22 RON ? R ANDERSON, SHERIFF 0 -Ile) e - (4e . 2 -? ?D77a V ik Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esg4ire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC3 Plaintiff VS. HENRY EARL FERGUSON, III Defendant(s) #24447CAM - DN Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: 09-2306 AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 MARTHA E. VON ROSENSTIEL, ESQUIRE, attorney for the Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 914 Brandt Avenue, New Cumberland, PA 17070: 1. Name and address of owners(s) or reputed owner(s) Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 2. Name and address of defendant(s) in the judgment: Henry Earl Ferguson, III 914 Brandt Avenue New Cumberland, PA 17070 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: NONE i 6. Name and address of every other person who has any record interest in the property and whose interest may be affected, by the sale: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim 1 Courthouse Square Carlisle, PA 17013 Cumberland Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the U.S. C/O Assistant Attorney General Tax Division U.S. Department of Justice P.O. Box 227 Washington, DC 20044 PA Dept of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128 Family Court/Domestic Relations 1 Courthouse Square Carlisle, PA 17013 PA. Department of Revenue Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA. 17128-1230 Dept of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 Pennsylvania Department of Revenue Bureau of Individual Taxes PO Box 280603 Harrisburg, PA 17128-0603 Occupant 914 Brandt Avenue New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and co ect to the best of my personal knowledge or information and belief. I•understand that false statements erein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworlsification to authoriti s. Martha E. Von Rosenstiel Attorney for Plaintiff Dated: June 28, 2010 j 24447CAM-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- BACKED CERTIFICATES SERIES 2006-BC3 Plaintiff VS. HENRY EARL FERGUSON, III Defendant(s) COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 09-2306 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO ALL PARTIES IN INTEREST AND CLAIMANTS: The real estate and improvements, if any, located at and known as 914 Brandt Avenue New Cumberland, PA 17070 will be sold by the Sheriff of Cumberland County on Date of Sale: December 08, 2010 Time of Sale: 10:00 a.m. Place of Sale: Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. This sale is being held on a Judgment in Mortgage Foreclosure filed under Docket No. 09-2306 in the Court of Common Pleas of Cumberland County by U.S. Bank National Association, as Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset- Backed Certificates Series 2006-BC3, Plaintiff against Henry Earl Ferguson, III, Defendant(s). Judgment was entered on May 22, 2009 in the amount of $172,522.90. The property was seized and taken in execution as the property of Henry Earl Ferguson, III. The property to be sold at Sheriff's Sale is described as follows: ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. Tax ID #26-24-0811-176 IMPROVEMENTS: Residential Dwelling A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff no later than 30 days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of the filing of said schedule. Judgment was recovered in the Court of Common Pleas of Cumberland County Civil Action No. 09-2306. You should check with the Sheriff s Office by calling (717) 240-6390 to determine the actual date of the filing of the schedule. No further notice of the filing of the Schedule of Distribution will be given. R. Thomas Kline, Sheriff of Cumberland County ATTORNEY FOR PLAINTIFF: MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff 649 South Avenue, Unit #6 Secane, PA 19018 Phone: (610) 328-2887 Fax: (610) 328-2875 #24447-DN Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel, Esquire 649 South Avenue, Unit 6 Secane, PA 19018 610-328-2887 Attorney I.D.# 52634 Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET- BACKED CERTIFICATES SERIES 2006-BC3 Plaintiff VS. COURT OF COMMON PLEAS CUMBERLAND COUNTY : NO: 09-2306 HENRY EARL FERGUSON, III Defendant(s) LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. IMPROVEMENTS: Residential dwelling Tax Parcel # 26-24-0811-176 TITLE TO SAID PREMISES IS VESTED IN Henry Earl Ferguson, III, single person, by reason of the following: BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Deed dated 8/12/1999 and recorded 8/13/1999 in the County of Cumberland in Deed Book 205, Page 866, conveyed unto Henry Earl Ferguson, III, single person, in fee. AND BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Corrective Deed dated 3/28/2002 and recorded 9/24/2002 in the County of Cumberland in Deed Book 253, Page 3471, conveyed unto Henry Earl Ferguson, III, single person, in fee. THIS DEED is to confirm and correct the deed from Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, to Henry Earl Ferguson, III, single person, dated August 12, 1999 and recorded August 13, 1999 with the Cumberland County Recorder of Deeds Office in Deed Book 205, Page 866 which deed erroneously excluded the buildings and improvements thereon erected as stated in the "ALL that certain" paragraph. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2306 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 for THE SPECIALTY UNDERWRITING AND RESIDENTIAL FINANCE TRUST MORTGAGE LOAN ASSET-BACKED CERTIFICATES SERIES 2006-BC3, Plaintiff (s) From HENRY EARL FERGUSON, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $172,522.90 L.L. Interest from 5/20/09 to 12/8/10 at 6% -- $16,108.48 Atty's Comm % Due Prothy $2.00 Atty Paid $1,134.26 Other Costs Plaintiff Paid Date: 7/1/10 (Seal) 'aw David D. Buell Prothonotary By: Deputy REQUESTING PARTY: Name: MARTHA E. VON ROSENSTIEL, ESQUIRE Address: MARTHA E VON ROSENSTIEL, PC 649 SOUTH AVENUE, UNIT 6 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 On September 22, 2010" the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA, Known and numbered as, 914 Brandt Avenue, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 By: Real Estate Coordinator 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: October 22, October 29, and November 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. v?- isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 5 day of November, 2010 J_ - (Zi Notary NOTARIAL SEAL >V44? DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-2306 Civil US Bank National Association, Trustee for the Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset-Backed Certificates, Series 2006-BC3 VS. Henry Earl Ferguson, III Atty.: Martha E. Von Rosenstiel ALL THAT CERTAIN piece or par- cel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more par- ticularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line of Brandt Avenue, South 77 degrees 06 min- utes East, 65.00 feet to the point or place of beginning. BEING as surveyed by D.P. Raf- fensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. IMPROVEMENTS: Residential dwelling. Tax Parcel # 26-24-0811-176. TITLE TO SAID PREMISES IS VESTED IN Henry Earl Ferguson, III, single person, by reason of the following: BEING THE SAME PREMISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Deed dated 8/ 12/ 1999 and recorded 8/ 13/ 1999 in the County of Cumberland in Deed Book 205, Page 866, conveyed unto Henry Earl Ferguson, III, single person, in fee. AND BEING THE SAME PREM- ISES which Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, by Corrective Deed dated 3/ 28/ 2002 and recorded 9/24/2002 in the County of Cumberland in Deed Book 253, Page 3471, conveyed unto Henry Earl Ferguson, III, single per- son, in fee. THIS DEED is to confirm and cor- rect the deed from Charles F. Peters, Jr. and Jennette A. Peters, husband and wife, to Henry Earl Ferguson, III, single person, dated August 12, 1999 and recorded August 13, 1999 with the Cumberland County Recorder of Deeds Office in Deed Book 205, Page 866 which deed erroneously excluded the buildings and improvements thereon erected as stated in the "ALL that certain" paragraph. 40 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050. Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Jh(Pahiot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain.. 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: 10/15/10 10/22/10 r. 10/29/10 Sworn to and subscri efore me this 10 days of l bvember, 2010 A.D. - Notary Public COMMONWEALTH OF PENNSYLVANIA Notarlel Seal Sherrie L. Klsner, Notary Public Lower Paxton Twp., Dauphin County My Commission 150res Nov. 26, 2011 Member. Pennsylvania Association of Notaries 2004-2306 civil Term US Bank NatIOMI AssocI8111011, Trust" for the Specialty Underwriting and Regtkal Finance Trust Mortgage Loan Asset-Backed Certificates, Sodas 2006.80 Vs Henry Earl Ferguson, III Atty: Martha E Von Rosepnstlel ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern line of Brandt Avenue, which point is 232.00 feet measured Westwardly along the Southern line of Brandt Avenue from the Southwest corner of Brandt Avenue and Ninth Street; thence along lands now or formerly of Chester C. Davis, South 12 degrees 54 minutes West, 110.00 feet to a point; thence by the same, North 77 degrees 06 minutes West, 65.00 feet to a point; thence by the same, North 12 degrees 54 minutes East, 110.00 feet to Brandt Avenue; thence by the Southern line ofBrandt Avenue, South 77 degrees 06 minutes East, 65.00 feet to the paint or place of beginning. BEING as surveyed by D.P. Raffensperger, R.S., on May 31, 1954 and known and numbered as 914 Brandt Avenue, New Cumberland, PA 17070. IMPROVEMENIS: Residential dwelling Tax parcel # 26.24-0811-176 TITLE TO SAID PREMISES IS VESTED IN Henry Earl Ferguson, III, single person, by reason of the following: BEING THE SAME PREMISES which Charles E Peters, Jr. and Jennette A. Peters, husband and wife, by Deed dated 81141999 and recorded S113f1999 in the County of Cumberland in Deed Book 205, Page 865, conveyed unto Henry Earl Ferguson, III, single person, in fee. AND BEING THE SAME PREMISES which Charles E Peters, Jr. and Jennette A Peters, husband and wife, by Corrective Deed dated 312812002 and recorded 9/24/2002 in the County of Cumberland in Deed Book 253, Page 3471, conveyed unto Henry Earl Ferguson, 111, single person, in fee. THIS DEED is to confirm and correct the deed from Charles E Peters, Jr. and Jennette A. Peters, husband and wife, to Henry Earl Ferguson, 111, single Person, dated August 11 2, 1999 and recorded August 13, 1999 with the Cumberland County Recorder of Deeds Office in Deed Book 205, Page 866 which deed erroneously excluded the buildings and improvements thereon erected as stated in the 'ALL that certain' paragraph.