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HomeMy WebLinkAbout10-4786SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor US Bank National Association vs. William C. Brehm, III ~~~~,tr of ~~t,nbrtf,~ ~P y ~ ¢~Fi ~^: 7r,E $~ERIFR ~F!_f_:~ ,~,., _ ,~ bus's ~ pm ~ ~-~ t- ~~'~ Case Number 2010-4786 SHERIFF'S RETURN OF SERVICE 07/29/2010 05:50 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on July 29, 2010 at 1750 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: William C. Brehm III, by making known unto himself personally, at 156 Newville Road, Newburg, Cumberland County, Pennsylvania 17240 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $46.00 August 03, 2010 ROB RT B NER, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft. Inc. PLED-0-MCE ,1)T% 1? 41 24 CtN;K."! w COUNTY PENNS MANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4786-CIVIL TERM 14.00 P 0 Airy elr9"/78 of as???l go4ic a Mum 244013 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLIAM C. BREHM, III, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $123,352.55 Interest - 07/07/2010 to 09/01/2010 $1,050.63 TOTAL $124,403.18 1 hereby certify that (1) the Defendant's last known address is 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. Xaencc? elan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 244013 c PROTHONOTARY 244013 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-4786-CIVIL TERM 244013 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM C. BREHM, III is over 18 years of age and his last known residence is 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. _ Date: r ence . Phelan, q., Id. No. 32227 ancis S. Hallinan, Esq., Id. No. 62695 aniel G. Schmieg, Esq., Id. No. 62205 V chele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff 244013 (Rule of Civil Procedure No. 236) - Revised US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR GSMPS 2006-RPI COURT OF COMMON PLEAS VS. CIVIL DIVISION WILLIAM C. BREHM, III . No. 10-4786-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: If you have any questions concerning this matter please con act: ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? mel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORIKATIONOBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE INBANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" 244013 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff v WILLIAM C. BREHM, III Defendant(s) TO: WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 DATE OF NOTICE: August 19, 2010 COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-4786-CIVIL TERM CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. PHS 4 244013 Office of the Prothonotary Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Cnay R. Dunn, Esq., Id. No. 206779 =drew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS 9 244013 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006- COURT OF COMMON PLEAS RP1 . Plaintiff CIVIL DIVISION v WILLIAM C. BREHM, III Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due ~a~f.oo 4~0. o0 Qa.oo l~•00 a.so ~ I?8.5o Interest from 09/02/2010 to Date of Sale ($20.73 per diem) TOTAL Pn A7>r/ CsF" a - PQ A-11"/ $a.oo ~~ •50 LL Note: Please attach description of property. PHS # 244013 ~ toac~g3 ~~ ~31q NO.: 10-4786-CIVIL TERM CUMBERLAND COUNTY $124,403.18 3 772.86 -?-r ...~ f"~ G'~ ,- !mil ~~ ~~~ r-c- tlry ~~ ~F^ f~ P -< Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judi T. Romano, Esq., Id. No. 58745 ^ S etal R. Shah-Jani, Esq., Id. No. 81760 ^ nine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 r_~ ~' ~7 ~~ --r -.~ ~~ L..'" c~ 0 --1 f'r7 -'o r~'t c_-x ~ _._~ ~ :_~ c; -~ ~L ~ ~1 rrl 2~ u~ ~se~J O~ ~a W~ a o~ O O~ O~ ~~ ~U pay a ~D 0 0 N a 0 w w w F 0 Fri U O O F z ~a ~~ M~ y M (~ V A ~~ O W W a O o H W O~ ~1 ~ W -d a~ p, .n c~ ~ ~ M O~ a x0~ a. u~ rx .~ a~~i ~aa a~ U •-~ C7 3 ¢~~ ~z~ 3~~ 0 N y~ N~pN~~~~~M ~-.~V.M-~ p~bN M~~ p~ OMN ~~COizoN C a p O Cz~Za~o~Ny~j~ O pb ~ C.~ ,azZZv~'zti d c °~ ozZ czz~ '~~~~ ~ ~zzz~zbb Nb~ '~ W y ~, yi' W .. ., ~ °~ ~, o y J7 WW•~Wy yW~ yWW'~W W ~ ~~~p,y p~WW ~,~W v~w~ ~~ cpi v~ ~ d ~ '~ o ~ 3 ~ > ~ ~ U .~ ~ ~ Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ~~~aLT ~ ~ ~: w -~ ... ~ US BANK NATIONAL ASSOCIATI(A'~, ~ TEE FO~t GSMPS 2006-RPl ~~ Plaintiff v. WILLIAM C. BREHM, III Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4786-CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of ~ 8 Pa. ¢'S~. § 4904 relating to unsworn falsification to authorities. / .AxEorney for Plaintiff - ----~ Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T. Romano, Esq., Id. No. 58745 ^ She 1 R. Shah-Jani, Esq., Id. No. 81760 ^ ine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 US B NATIONAL ASSOCIATION, AS TRUSTEE FOR GIPS 2006-RPl ~'laintiff v. WILLIAM C. BREHM, III Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4786-CIVIL TERM CUMBERLAND COUNTY PHS # 244013 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPl, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. Name and address of Owner(s) or reputed Owner(s): Name WILLIAM C. BREHM, III 2. 3 4. 5 Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 Address (if address cannot be reasonably ascertained, please so indicate) n ~..~ ~~ :-~ ~, "~ ~~ -+ ~-,~ . ,. 3 rTi " ~ T y . -~~ . ,~ L~ ~_ ~--;~~ -+c~... r-~ ~: ° ~.c~ .~ ~ ~~ ~-; ~ t~ c.^~ ~ "'` --~ ~ -< Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Bureau of Compliance Capital One Bank Capital One Bank C/o: James C. Warmbrodt, Esquire Department 280946 Harrisburg, PA 17128-0946 6851 Jericho Turnpike # 190 Syosset, NY 11791 436 Seventh Avenue; Suite 1400 Pittsburgh, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Newburg-Hopewell Joint Authority 60 West Pomfret Street C/o: Matthew A. McKnight, Esquire Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. ATame and address of every other person of whom the plaintiff has knowledge who has any interest in the property which rhay ~ L'is affected by the sale: ~ Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Cindy Brehm C/o: William C. Vohs, Esquire P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4720 Old Gettysburg Road; #405 Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand at fal e s tements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification au orities. October 2~ 2010 1kEtorney for Plaintiff - - Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judith T omano, Esq., Id. No. 58745 ^ Shee R. Shah-Jani, Esq., Id. No. 81760 ^ Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. No. 61791 ^ Andrew L. Spivack, Esq., Id. No. 84439 ^ Jaime McGuinness, Esq., Id. No. 90134 ^ Chrisovalante P. Fliakos, Esq., Id. No. 94620 ^ Joshua I. Goldman, Esq., Id. No. 205047 ^ Courtenay R. Dunn, Esq., Id. No. 206779 ^ Andrew C. Bramblett, Esq., Id. No. 208375 i~S BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS ~SMPS 2006-RPl CIVIL DIVISION Plaintiff NO.: 10-4786-CIVIL TERM vs. WILLIAM C. BREHM, III CUMBERLAND C~QU1~Y o Defendant(s) `' ~ ~; --+ ::a =~ -n NOTICE OF SHERIFF'S SALE OF REAL PROPERTY °~~ ~~ ~ -~~ -~; -;.-y -.,..~ TO: WILLIAM C. BREHM, III r = `:; ~.., ~ 156 NEWVILLE ROAD ~"' ~ = = -°~' NEWBURG, PA 17240-9379 ,,~ _,~ .. ~ ~;~ ~ -~ -..,, **THIS FIItM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBT~TED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $124,403.18 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPl (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your. house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. T'he money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4786-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPl vs. WILLIAM C. BREHM, III owner(s) of property situate in HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 Parcel No. 11-08-0601-043. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $124,403.18 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Eastwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the. following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road. TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, III, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w. dated 11/24/2003, recorded 11/26/2003 in Book 260, Page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 PARCEL NO. 11-08-0601-043. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4786 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for GSMPS 2006-RPl, Plaintiff (s) From WILLIAM C. BREHM, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $124,403.18 L.L.$.50 Interest from 9/2/10 to Date of Sale @ ($20.73 per diem) -- $3,772.86 Atty's Comm Due Prothy $2.00 Atty Paid $178.50 Other Costs Plaintiff Paid Date: 10/27/10 vid D. Buell, Prothonotary (Seal) By; Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS IRS # 244013 4'3 rv CD 2006-RP1 SERVICE 7'F?11? late 47>s6-CIVIL TERM 10 C C; rnC0 o l =-n . DEFENDANT COURT NO.: WILLIAM C. BREHM, III ` t r1 -O TYPE OF ACTION REHM, Ell AT: XX Notke of Sheriff's Sale SERVE r .< ' rr, ? 156 SALE DATE: 03/py2011 ROAD C O -t NEVtiBURG, PA 17240-9379 ?. ? 3s a W 20 of bAk& ?`da 7 E :? ? -?-i _ y L Defendant on the known to Served and maw r A It, y 1 C D N£[ ! `( AIn the manner described below: --- i C :;U lock M at oc P__ .1 ved ? . nt personally ser da en Adult family member with whom Defendant(s) reside(s). _ Relationship is ,_ name or relationship. f Defendant's residence Adult in charge o which Defendant(s) reside(s). Manager/Clerk of place of lodging lace busine s. ffice or usual p ' - s o - Agent or person in charge of Defendant officer of said Defendant's company- an - Other e ge Height ?o `b Weight 0 0 Race W Sex M Other n: A ti i g o p Descr tent adult, being duly swom according to law, depose and state that I personally a comp issued in the captioned lea i h ? q ct , n, ere axh No :- ?f aheriffs Sale in the manner as set forth y of the ect co d h a corr p handed a true e an At. and at the address indicated above. th e case on sworn to and s scFibed KIMBERLY CURTY before me this day NOTARY PUBLIC of W2%- 04 STATE OF NEW JERSEY NotaN91 SERE MY COMMISSION EXPIRES MARCH 7,1013 On t20_., at o'clock _• M., Defendant NOT FOUND WME: t Exist Moved _ Does Not Reside (Not Vacant) at ---' _ at No Answer on Service Refused Other. Sworn to and subscribed before ice this day BY of s= rnte PL&2= Notary. ms ENI, Nor,, IL F,?a.s? ?iw OW Dr1d G 9"ft 167•. 14.1'M• CM Jd1Y7 awrr,6?.Id.N?lr/45 ]eitt R D4w). F49+1i• I;o.570T1 Lwow L TOM 0%. IL Ns- 9= v *Sdwdw4.Zj9+rLW31= Jq & j=ek 5%.1i Nw Wffl >? J• +arrrr. ds. ii Nw am P Z., IL Ns. WN Odrarr P. Fair. F?q, li Nwf4C10 Jrrr L GdMMOti Bell, IL Nw 3"M Cask" R D=% Sell, Ii N- WM A.&MC.D q =1U3 poom 1 OarPe?Crdr4 lin Jia F. wady BML. 50k 1410 !: pbomWpW PA 8143-1914 MM 561780 FILED-OFFiCE t-'' I HE PR0TN0NP, r, f 3 -,' "010 DEC 2 7 AM D C C CUMBERLAND couCj-j- A' PENNSYLVANIA, Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP 1 : Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES 244013 Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 20, 2010. 2. Judgment was entered on September 7, 2010 in the amount of $124,403.18. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "A". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 2, 2011. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $119,603.90 Interest Through March 2, 2011 $7,307.11 Per Diem $18.69 Late Charges $31.14 Legal fees $1,300.00 Cost of Suit and Title $1,005.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $95.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $88.16 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit _ $1,296.45 TOTAL $130,726.76 244013 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 15, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "B". 10. No judge has previously entered a ruling in this case. 244013 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: L By: Z6 awrence T. P elan, Esq., I o. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 U-4 Ison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 244013 I. BACKGROUND OF CASE WILLIAM C. BREHM, III executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase 244013 Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp v Grillo, 827 A.2d 489 (Pa.Super. 2003). Moran Guaran ty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh V. Ciong_oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal 244013 and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be 244013 charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. Vl. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicom v. Morrisville 244013 Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff's sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its 244013 foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. 244013 WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Sch ieeg, LLP DATE: 12 1721W By: ? ence T. de? n, Esq., 1. o. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 QAUilson F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff 244013 0000kolo 7/ Exhibit "A" 244013 FlLED-Off"=iCE ry, CUMBERLAND Phelan Hallman &c Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III µ, Y 1 l? ??. F", CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 1047WCIVIL TERM Attorney for Plaintiff 244013 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLIAM C. BREHM, In, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $123,352.55 Interest - 07/07/2010 to 09/01/2010 $1,050.63 TOTAL Uvrence I. Aelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? aniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff I hereby certify that (1) the Defendant's last known address is 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 1n n ?A, L. DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PHS # 244013 $124,403.18 PROTHONOT 244013 TZ Exhibit "B" 244013 N A 0 w ro° cn A w N ? `O o o J Q? to A w N -- r N w rz ? a? N n A ? o z w ? C < z G ?? r o. C eb a a x m ro o `-. fD -o ``, ? 1 >v C17 R ? d r o r !* O ? o < y ? v y o ?? o o ^0_ t o= [ ' : o : rn 3 N 3 "ty - o io o? d N _ -3 ?. o o C ? n fD ? ? ? w o a ? =g a o Li I AP Sp?T S q?, n h ? Zff jamum ? ? O o O O 7 /// J WENEY it 'MMMMMW 02 , $ 01 260 0 . 004277256 N DEC15 2p1C, MA ILED FROM ZiPCODE 191,03 ? y x o ago. o ? a.o o- w ? D w . oaz ate' 0 b O A O O x Y z r r a z x C) r r b PHELAN HALLINAN & SCHWEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 15, 2010 WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 v. WILLIAM C. BREHM, III Premises Address: 156 NEWVILLE ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10-4786-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 20, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, L e T. elan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquir? Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & DATE: By: `?fence T. Phelan,-Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 E31Cllison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP1 : Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant CERTIFICATION OF SERVICE 244013 I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 Phelan Hallinan & Schmieg, LLP DATE: Z By: La ?w=-f Phel sq., Id. No. 32227 _jzmet rancis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 C].44ffson F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 f= ILED-OF 1 2011 AN -3 PM 3: DEC 2 8 20101 CUMBERLAND ("OUN'T'i" PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff V. WILLIAM C. BREHM, III Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4786-CIVIL TERM 1 RULE AND NOW, this3 b T day of 2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. Allison F. Wells , Oilliam C. Brehm,-X, J)eCf 244013 f? N [JIGO 244013 FILED-OFFICE OF THE PROTHONOTARY 2011 j:°,''`?, TY : . ? Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP I Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL 'T'ERM Defendant CERTIFICATION OF SERVICE 24401 3 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 19, 2011 was sent to the following individual on the date indicated below. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 Phelan Hallinan ieg,, I L4--, DATE: B . awrene helan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? A rew C. Bramblett, Esq., Id. No. 208 375 llison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 OF (LED-TFFIC F THE PROTHONOTAR`f 2011 JAN 24 AM 9: 53 CUMBERLAND COUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant MOTION TO MAKE RULE ABSOLUTE 244013 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP I, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 27, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on December 15, 2010 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. True and correct copies of Plaintiff's letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable J. Wesley Oler on or about December 30, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on January 10, 2011, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 19, 2011. 244013 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. DATE: By: Phelan U Lawrence'f'Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je ' R. Davey, Esq., Id. No. 87077 ? uren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP I Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 244013 A Motion to Reassess Damages was filed with the Court on December 27, 2010. A Rule was entered by the Court on or about December 30, 2010 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 10, 2011 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 19, 2011. 244013 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. DATE: Phelan Hallam Schmieg, LLP By: LJ LaWfence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je ' e R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 Exhibit "A" 244013 0 0 W o a Q ? C z ro? yg?Cd u W ? ax. 0 a b E b ? rd0 ? N C O U ? r ? V ? py^¢?^yp#^?{?; dVJ£3S4YHSF ? CN' F ?' L 41 r yg S,yB..i i9?Xq ., W v Jd"' ?• f V L t: 'd x' v u N` r v C o F. u r y U .4 V u N W 0 O1 .d ? O t-a' G H f R - G W C ? C d' v ° c Ea ? V ?. ro 4 N r, c .n TJ n O N LI ? N w v U5 Ri a n a Q W n y .a N a b 3 vs '" ? m V a; U O N a Vy ? U ? '! z 3 r U zi C ? Q rT+ v' ` 0. Q -- - 1J K i 7 ,-• N C11 vl I"? 00 pl (?7 f?l •c?' in }?^ a ftl C. f`J PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey December 15, 2010 WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 v. WILLIAM C. BREHM, III Premises Address: 156 NEWVILLE ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10-4786-CIVIL TERM. Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by December 20, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, L n e T. a an, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquire Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire/ Andrew C. Bramblett, Esquire Allison F. Wells, Esquire Enclosure Exhibit "B" 244013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant RULE AND NOW, thisday of Aw__2010, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 244013 244013 Exhibit "C" 244013 FIEEC?CFFIC OF THE PROT;fC CTARY nI t: 3 CL.M'3 f .fi TY F r" ' . r I V" 7t A0fINEY ?RN Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq.,, Id. No. 62695 Daniel G. Schmeg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. ;°?I;? Joshua I. Goldman, Esq., Id. No. 20 OCT Courtenay R. Dunn, Esq., Id. No: 2067 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant i3 CERTIFICATION OF SERVICE 24401> I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 19, 2011 was sent to the following individual on the date indicated below. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 l h an O DATE: -(? Luwrcnc%I-'lhelar?, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ?' Daniel. G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R Davey, Esq., Id. No. 87077 ?Lauren R. Tabas, Esq., Id. No. 93337 ?] Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 [] Peter J. Mulcahy, Esq., Id. No. 61791 ndrew L. Spivack, Esq., Id. No. 84439 1 ,CGLIitiness, Esq., Id. No. 90134 ? hrisovalant+ P. 1 liakos, Esq., Id. No. 94620 Joshua 1. Goldman, Id. No. 205047 ? Courtenay R.. Dunn, Esq., Id. No. 206779 ?' Aodrew C. Bramblett, Esq., Id. No. 208375 rg-'A.Ilison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. DATE: Phelan Hallin Schmieg, LLP By: LJ Lawrence"f"Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ?? Je ' e R. Davey, Esq., Id. No. 87077 en R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff v. WILLIAM C. BREHM, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4786-CIVIL TERM CERTIFICATION OF SERVICE 244013 I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individual on the date indicated below. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 Phelan Halli hmieg, LLP DATE: By: ? Lawrenc elan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je ' R. Davey, Esq., Id. No. 87077 uren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 244013 FILED-OFFICE OF THE PRDTHONO BAR 2011 JAN 27 Aft 9: 25 CUMBERLAND COUNT `r PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant ORDER AND NOW, this day of :2r7 , , 2011, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $119,603.90 Interest Through March 2, 2011 $7,307.11 Per Diem $18.69 Late Charges $31.14 Legal fees $1,300.00 Cost of Suit and Title $1,005.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $95.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $88.16 Private Mortgage Insurance 244013 Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,296.45 TOTAL $1303726.76 Plus interest from March 2, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COUR v. 244013 %/Vivek Srivas-bu??Q, LML Wi Ilion C. &ehm ,-X, n0-^, Ma'l? tlg4 l ? 1 Ja1 Jl/ 1 L)f8 244013 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION = ? WILLIAM C. BREHM, III No.: 104786-CIVIL TER11P Cron m Defendant(s) =? co AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 ra COMMONWEALTH OF PENNSYLVANIA ) =C) PHILADELPHIA COUNTY ) SS: 5' _ CO As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set fort "n e Affidavit and as amended if applicable. A copy of the Certificate of Mailinor 381 and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is a ache h eto Exhibit "A". 1 Date: ?fbWwrence T. Phelan, Esq., Id. No--n227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Je a R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Q CD` ? rD =-n C:)-i CD? Q 1 J ya PHS # 244013 USNANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff V. WILLIAM C. BREHM, III Defendant(s) CUMBERLAND COUNTY PHS # 244013 AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) WILLIAM C. BREHM, III 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 Address (if address cannot be reasonably ascertained, please so indicate) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Capital One Bank Capital One Bank C/o: James C. Warmbrodt, Esquire 6851 Jericho Turnpike # 190 Syosset, NY 11791 436 Seventh Avenue; Suite 1400 Pittsburgh, PA 15219 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Newburg-Hopewell Joint Authority 60 West Pomfret Street C/o: Matthew A. McKnight, Esquire Carlisle, PA 17013 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4786-CIVIL TERM None. 7 ' Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Cindy Brehm C/o: William C. Vohs, Esquire CINDY BREHM C/O DIANE G. RADCLIFFE, ESQUIRE WILLIAM C. BREHM, III C/O STACY B. WOLF, ESQUIRE 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4720 Old Gettysburg Road; #405 Mechanicsburg, PA 17055 3448 TRINDLE ROAD CAMP HILL, PA 17011 10 W HIGH STREET CARLISLE, PA 17013-2922 I verify that the statements made in this affi knowledge or information and belief. I understand of 18 Pa. C.S.A. § 4904 relating to unsworn falsify are and correct to the best of my personal 1 sta ments herein are made subject to the penalties January, , 2011 ( By: ,Worn"y for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? nme R. Davey, Esq., Id. No. 87077 [Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq.;, Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 r e0 Vs ? 3a0oa?z w08-4 aaudw OI.OZ 9Z1a0 9SZLLZw`OZO 0OZ-100 $ o w a$ [ a ?~ rri a? C o °?•°g o ~ Wow 0 6 o ?? AG? ;I eA A C4 eq Gr , no y .r O ? .. V V ,y w V .. .r a a a s w q pa a..r ova V py rAp" am - x ,r? o f V a .a a •' .a ? v pqU.? R? ?a yN a i1 1.? O o a O TrA.ia G w ? 8. i4 ? m y m? - V a s N g r? ??Cr? 2 L a .r O a '" y ^" EO p '$ Im a W 1 9 ? o ?p Go ? o ? a win 'a o ?,g Al en axF ZC?Vw 1 z # ?? f « ? i Cy w y b V p? ? w ? ? N M ? N ?p h 00 O? ? zao a S .SIN ..i rr a? z ?$ a h i ao a°v a°Ai $ Fi C a x w a a ti T y "d z¢0 2016 L 9 000d1Z W0 8:1 091 M N LLOZ 9yZ Z5" NV 99 O $ ZLL Zb VU 00 Z 0 0 X25 - Vf 4 O V 53M09 A3H1Id AWWIWM? C Z ? QI s '?S Od Ste' y ? ° ?' w C .? 0 •^? y h s ? ,F o5 c b y p N O N ? yN W Q' p"Op ? A 'O 1 -14 u A v'i 1 o i? M O .. o (n o ?w O C. G.a T u ? u en salax Q w H z ? d o ? o d W U o m ro, w w 0' N a s ;To ? r r U W ) aa U°q?'a ? y? ?? rb ?d ?w ? ?xa a °y ? a°? ?" a?xa 3 3 zs Z UUe+?U "3U.-?U C? Hx i Z # « « V. w V1 O ? z ..r N M ? V) r0 h 00 O? ? ti .N.r .M-i ? ? ~' o F SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?Aay?cr o1 t?u+tt???.f??? !'?.. kix OFFICE OF T14E SHERIFF FILED-CFFiu,- Ci THE PPWHOJjo, T r i +,. '011 JUL -5 P,-! 2: ) 2 CUMBERLAUO COONTY PENNSYLVANIA US Bank Trust National Association Case Number vs. William C. Brehm, III 2010-4786 SHERIFF'S RETURN OF SERVICE 12/29/2010 07:10 P - Deputy Robert Bitner, being duly sworn according to law, states service was performed by posting true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon th property located at 156 Newville Road, Newburg, PA 17240, Cumberland County. 02/18/2011 As direct ed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 04/27/2011 As direc ed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/6/2011 07/01/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: July 01, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF 1) •41'() fcJ CQ . s& C,Z- ref C,?3? (c) GountySulte Sheriff, Telecsoft Inc. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relati ns of Cumberland C unty Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney f r the Middle District of PA Cindy Brehm ' C/o: William C. Vohs, Esquire I verify that 1 knowledge or inforr of 18 Pa. C.S.A. § 4 October 25 2010 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 4720 Old Gettysburg Road; #405 Mechanicsburg, PA 17055 statements made in this affidavit are true and correct to the best of my personal on and belief. I understand that fal e s tements herein are made subject to the penalties I relating to unsworn falsification au orities. .Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T.,Romano, Esq., Id. No. 58745 ? Sheet R. Shah-Jani, Esq., Id. No. 81 0760 ? Je ' e R. Davey, Esq., Id. No. 87077 auren n R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS GSMPS 2006-RPI CIVIL DIVISION Plaintiff : NO.: 10-4786-CIVIL TERM VS. WILLIAM C. BRE M, III : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM C BREHM, III 156 NEWVI LE ROAD NEWBURG, A 17240-9379 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (re estate) at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 is scheduled to be sold at the Sheriffs Sae on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 1 013 to enforce the court judgment of $124,403.18 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI (the mortgagee) against you. In the event the sale is continued, an announ ment will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS OU MAY BE ABLIJ TO PREVENT THIS SHERIFF'S To prevent this Sheriff's Sale, you must: take immediate action: 1. The sale wi 1 be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's es due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was i properly entered, You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the s e. (See notice on page two on how to obtain an attorney.) YOU MAY STILL B ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHE141 FF'S SALE DOES TAKE PLACF._ 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 211-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you m1ty call 215-563-7000. 4. If the amount due !from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the b er. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitl d to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also hav? other rights and defenses, or ways of getting your home back, if you act immediately after the sale. i YOU SHOULD TA THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CAN OT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WH ,RE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of aj Writ of Execution NO. 10-4786-CIVIL TERM US BANK N?TIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 vs. WILLIAM CI. BREHM, III owner(s) of p perty situate in HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) PA 17240-9379 (Acreage or street address) thereon: RESIDENTIAL DWELLING JUDGMENT MOUNT: $124,403.18 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulev rd, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the follow?ng described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING a a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Eetwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann an Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Nouthwardly thme hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING a a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the me joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmill r; thence along land of the said Harold Kitzmiller in aNortherly direction, a distance of one hundred forty (l 0) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wif ; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (20 ) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a. dwelling commonly known as 156 Newville Road. I11LB I U 5A D PREMISES IS VESTED IN William C. Brehm, III, adult man, by Deed from Michael L. Cr er and Wendy S. Cramer, h/w. dated 11/24/2003, recorded 11/26/2003 in Book 260, Page 2701. PREMISES BE G. 156 NEWVLL,LE ROAD, NEWBURG, PA 17240-9379 PARCEL NO. 1 -08-0601-043. i WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-4786 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To s?lisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for GSMPS 006-RP1, Plaintiff (s) From W WILLIAM C. BREHM, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNIS? EE(S) as follows: and to no ify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying an debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or oth rwise 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 ue $124,403.18 L.L.$.50 Interest from 9/2/10 to Date of Sale @ ($20.73 per diem) -- $3,772.86 Atty's Co m % Due Prothy $2.00 Atty Paid $178.50 Plaintiff Paid Date: 10/27!10 (Seal) Other Costs David D. Buel , Prothonotary By: Deputy REQUES ING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: HELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 617 JFK BOULEVARD HILADELPHIA, PA 19103 Attorney f )r: PLAINTIFF Telephone 215-563-7000 Supreme ourt ID No. 93337 TRUE COPY FROM RECORD In Testimony wheel, I hen unto sst my Iwid and the seal Of sold Court at Carllsle, Pa. dayd N?? On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, Known and numbered as, 156 Newville Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 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 COMMO WEALTH OF PENNSYLVANIA ss. COUNTY F CUMBERLAND : Lis 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 f r the publication of all legal notices, and has, since January 2, 1952, been regularly issued wee ly 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: F y 4, and Februar, 11, 2011 Affi? nt further deposes that he is authorized to verify this statement by the Cumberland Law J matter of statements a legal periodical of general circulation, and that he is not interested in the subject aforesaid notice or advertisement, and that all allegations in the foregoing to time, place and character of publication are true. -7? Asa MaACoyn , ditor SWORN TO AND SUBSCRIBED before me this 11 day of February 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-4786 Civil US Bank National Association vs. Williain C. Brehm, III Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-4786-CIVIL TERM, US BANK NATIO AL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP L vs. WILLIAM C. BREHM, III, owner(s) of property situate in HOPEWELY, TOWNSHIP, Cumberland County, Pennsylvania being 156 NEWVILLE ROAD, NEW URG, PA 17240-9379. Parcel No. 11-08-0601-043. Improvements thereon: RESIDEN- TIAL DWELLI G. JUDGMENT AMOUNT: $124,403- .18. If j,,. -he Patriot-News Co. 2020 Technology Pkwy Suite :300 Mechanicsburg, PA 17050 Inquiries - 711-255-8213 CUMBERLAND CO. SHERIFF=S OFFICE CUMBERLAND COUNTY COURT HOUSE J4( Patriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 2020 Technology Pkwy, Suite 300, in the Tcwnship of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said C : mpany 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 benalf of The Patriot-Newel, Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the sty:ckholders 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: 1/28/11 Iii go* NaNoead 214/11 Wah Vs r 11YM1gt?+?C- ;u.. 2/11/11 Attyp bartlN lit BY virnre of a V1rit of Faau NO. ti l C.. 10.47*CMLTERM US BANK NATIONAL TION, AS TRUSTEEVORGSMPS RPl Sworn to and `scribed ore'me this-?2 f February, 2011 A.D. VS.. WILL LW C. BREHM, I1I owner(s) of ptoperrY sititate HOPEWELL TOWNSHIP, !Cumberland - - ?GL County,Penn*mia,being -Notefi Public 156 NEWV1? ROAD, NE ? , PA 17240-9379 Pmml No. i1a-0601-043. improvements eats s thereon: thereon: street RESIDENTIAL Im COMMONWEALTH OF PENNSYLVANIA prov DWEU24G i NotarHN Seel JET AMOUNT. $124,0 03.18 Sherrie L. Kisner, Notary Public Lower Paxton Twp, Dauphin County L My Commi9slon BOW Nov. 26, 2011 Member. Pennsylvania Association of Notaries WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-4786 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1, Plaintiff (s) From WILLIAM C. BREHM, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $130,726.76 L.L.: Interest FROM 3/3/2011 TO DATE OF SALE ($21.79 PER DIEM) Atty's Comm: % Due Prothy: $2.00 Atty Paid: $883.42 Plaintiff Paid: Date: DECEMBER 1, 2011 Other Costs: avid D. Buell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006- COURT OF COMMON PLEAS RP1 : Plaintiff CIVIL DIVISION v WILLIAM C. BREHM, III Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 03/03/2011 to Date of Sale ($21.79 per diem) TOTAL Note: Please attach description of property. PHS # 244013 CD JSr. o(? - ? .r r ??.oV ? r/ 8g? jq ;L , I Attorney for eo' NO.: 10-4786-CIVIL TERM CUMBERLAND COUNTY $130,726.76 0.00 t CL 1+11 sa s3-? e*20 4 e? IN?;? ? ??fss?l 0 coa. to t7 O w w d w H a? H p"` U d O w? o U O *W ? as U ? N U a Ti a `Z a?W d 3 ? z, a? a° ?3Wr a t3 ? O PHELAN HALLINAN & SCHMIEG, LLP Allison F. Wells, Esq., Id. No.309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 r , 215-563-7000 ya h ; US BANK NATIONAL ASSOCIATION, AS TRUSTS GSMPS 2006-RP1 Plaintiff V. WILLIAM C. BREHM, III Defendant(s) CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4786-CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to authorities. to Allison F. Wells, Esq ,, Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff V. 0 WILLIAM C. BREHM, III Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4786-CIVIL TERM CUMBERLAND COUNTY PHS # 244013 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI, Plaintiff in the above &tiot4-;by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following informgian conarning,the real property located at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. " -q rl 1. Name and address of Owner(s) or reputed Owner(s): c : v Name Address (if address cannot be reasonably - ascertained, please so indicate) _= William C. Brehm, III 156 Newville Road =::a c Newburg, PA 17240-9379 W 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Capital One Bank Capital One Bank, N.A. Capital One Bank, N.A. Capital One Bank C/o James C. Warmbrodt, Esquire Commonwealth of Pennsylvania Bureau of Compliance Commonwealth of Pennsylvania Bureau of Compliance 6851 Jericho Turnpike #190 Syosset, NY 11791 15000 Capital One Drive Richmond, VA 23238 1680 Capital One Drive McLean, VA 22102 Weltman, Weinberg & Reis, Co., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Department 280946 Harrisburg, PA 17128-0946 Department 280948 Harrisburg, PA 17128 Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Newburg-Hopewell Joint Authority Irwin & McKnight, P.C. ' C/o Matthew A. McKight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Newburg-Hopewell Joint Authority P.O. Box 128 Newburg, PA 17240 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Cindy Brehm C/o Stacy B. Wolf, Esquire 156 Newville Road Newburg, PA 17240-9379 Wolf & Wolf 10 West High Street Carlisle, PA 17013-2922 William C. Brehm, III C/o Diane G. Radcliff, Esquire Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA 3448 Trindle Road Camp Hill, PA 17011 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: Phelan Hall' aneg, LLP Allison F. We s, Esq., Id. No.309519 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS GSMPS 2006-RP1 CIVIL DIVISION Plaintiff : : NO.: 10-4786-CIVIL TERM VS. WILLIAM C. BREHM, III : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY u'tr? TO: WILLIAM C. BREHM, III 156 NEWVILLE ROAD -- `?' NEWBURG, PA 17240-9379 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 is scheduled to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $130,726.76 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. '3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4786-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III owner(s) of property situate in the HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 Parcel No. 11-08-0601-043 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $130,726.76 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Eastwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to a point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of one hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca K. Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance of two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundred (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road. TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, III, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w, dated 11/24/2003, recorded 11/26/2003 in Book 260, Page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 PARCEL NO. 11-08-0601-043 PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ? f????voTAi? Attorney for P1.4 jj ftF L Ai4/0: IWIBEILAND !')ritqjS COUNTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR GSMPS 2006-RP1 Plaintiff, COURT OF COMMON PLEAS V. WILLIAM C. BREHM, III Defendant(s) CIVIL DIVISION No.: 10-4786-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 381 ) and/or Certif Mail Return Receipt stamped by the U.S. Postal Service is atta ed her to Exhibit "A ?. ssa J. Cantwell, Esquire Attorney for Plaintiff Date: IMPORT NT OTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS # 244013 E)("11310of «A„ =uv 8 C 4? N m O C K C°b Cos: ?gxE v .a V o ?3 p. ? a aN" is's O u w 0 }? y F h G r? ? p O e w c?^Agc N? ??5,• O f y' H ? r a I ? O a i. Aly 'O w c° S•u °? Ga a °U d .? c+~' O., ron ?N c0+ ?,c °° y .? a ?„ Th?yy C a? W y, ,.a ?, VJ o+ yd p a? +' p a: 1''. 3k ?-'! ? V T U u ++ .p O p ?' rr ° 7 3 > G i." 6 +ti,+ • .7 cn " ?". v o?`no+ „NO.+ °?^' .+?e7 E eat` o dp t d °dd °' T;ov?? yea cn o ? c. .y ? of ? ? w ? ?..? a ? v •°? ,. c o r' „ o r o v? P+ u 0, E w . .+ U •cj' r •a C? ?? ° y.. ° d cr ?r e: r+ Y ° .. .+ o a d yy ' ?r .. reL3pv G.0e? + e+ es re" C y° ? ry ...py L v t 46 '0 W ?+g Do .. OG? 3 u _ o ea 44 ° ? > ?.. ? r ° m r a ? > d a ^ a o ., v o d •o ': G+ as ° a .. d ? ? Q o aE.~. W d dU C i,. . G+U C "f. ?+ u o @ 0.0., cC3 P. USL+ ?cc ° ap s o.°?? w 4 6 L. L°g ?W i L ti v? L* at I H V o .. w V1 ?N 03 G4U d ?'Q ° ? Oa: 40) L °pG,Y3 EZ odQe, eoypDwea -° G 3yC'yoi a oCT?lii a G. v 3 c'' a'°.?GZoM•C.3UGW •- 44 ?tnU3dp.U * * ? ?? O Zwalei t +' x x x •? x x x x x x x x ? x x x x x * x x x x x ? k x x x ar ? r c I a u E ?. W b a dS la a w b A u !a o., o GA y a: cn ? a r zao u b T?q 9? u'p ' G 1 V ?'D w N pp W A G. ? A o, w o C p u O O m y 9 ?o o ?? O ? p gq C .o ? 81 N ' N .? ? ? COY ti o'Ev ?5 Y 60 u o t?7 7i t-° ?° 'S F° a Q ?? 0 w o a.C I t ? I r.i ? '-' e a a W. .? Q ? y e W O w ? w d o ? ? ? y •z oao d ?w ca y ?> ? ? $ p L p a» p?? ,?L1, w Oe? (? O d O W LS '^o ??-C ?? z, z Br w zar o 7 w vccA n aa o W a u . oo u v? z * 49 ? x ? w z? ? I I 1 1 e-.,± C:. :X - Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP I Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on July 20, 2010. 2. Judgment was entered on September 7, 2010 in the amount of $124,403.18. A true and correct copy of the praecipe for judgment is attached hereto. made part hereof, and marked as Exhibit "A". 3. Plaintiff filed a prior Motion to Reassess Damages, which was granted by Order dated January 26, 2011, amending the judgment amount to $130,726.76. A true and correct copy of the Order is attached hereto, made part hereof, and marked as Exhibit B. 244013 4. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. The Property is listed for Sheriffs Sale on June 6, 2012. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through June 6, 2012 Per Diem $18.43 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit Suspense/Misc. Credits TOTAL $119,603.90 $15,777.58 $31.14 $1,300.00 $1,234.00 $683.42 $370.00 $4,027.79 ($2,000.00) $141,027.83 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 25, 2012 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. 244013 A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) is attached hereto, made part hereof, and marked as Exhibit "C". 11. No judge has previously entered a ruling in this case. 12. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Wesley Oler, Jr. entered an order for Motion to Make Rule Absolute dated January 26, 2011 . WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 3 DATE: ? Phelan RATthVn & Schmieg, LLP By: usick, Esquire Rob VW ATT EY FOR PLAINTIFF 244013 Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE WILLIAM C. BREHM, III executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 156 NEWVILLE ROAD. NEWBURG, PA 17240-9379. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. 244013 Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality 244013 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157.390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer 244013 Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. 244013 VL ATTORNEY'S FEES The Plaintiffs foreclosure fees are very modest. They cover all of the legal work done throughout the course of the foreclosure action to date, including reviewing the Act 6 or Act 91 letters, loan documents, account records, title reports and supporting documents, preparing and reviewing the mortgage foreclosure complaint, filing and service of the complaint, Rule 237.1 Notice, Department of Defense search, entry of judgment, the writ of execution process, lien holder notices, and all of the other legal work that goes into handling the mortgage foreclosure lawsuit. The Mortgage specifically provides for Plaintiff s recovery of its attorney fees. The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). The Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Plaintiff s legal fees are not a percentage but are significantly less than what is permitted by Pennsylvania law. 244013 VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriff s sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property. whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff s sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. 244013 VIII. PROPERTY INSPECTIONS AND PRESERVATION The terms of the mortgage provide for property inspections and property preservation charges. The lender or its agent may make reasonable inspections of the property pursuant to the terms of the mortgage. When a borrower defaults under the terms of the mortgage, the lender may do, or pay for, whatever is reasonable to protect its interest in the collateral, including property maintenance. Any amounts disbursed by the lender for property inspections and preservation become additional debt of the borrower secured by the mortgage. The lender may charge the borrower for services performed in connection with the default, for the purpose of protecting the lender's interest in the property, including property inspections and valuation costs. When a loan is in default, the lender's risk increases. Mortgage companies typically have a vendor visit the premises to determine if any windows need to be boarded up, if the property is vacant, if the grass needs to be cut, or the snow shoveled. If the property inspection reveals any problems at the mortgaged premises, then the mortgage company may proceed to take whatever steps are necessary to secure the collateral, such as boarding windows, winterizing, removing hazards or debris, etc. The mortgage company generally pays a vendor to handle these tasks, which are referred to in the industry as "property preservation". These services avoid code violations and avoid the property becoming an eyesore in the neighborhood. Property preservation helps maintain property values in the neighborhood. Accordingly, line items included in Motions to Reassess Damages for property inspections and property preservation represent amounts which the mortgage company has paid out of its pocket to preserve its collateral, consistent with the terms of the mortgage contract. 244013 Since the terms of the mortgage provide that such expenses by the mortgage company become part of the borrower's debt secured by the mortgage, those expenses are properly included in the Plaintiff's Motion to Reassess Damages. IX. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: ?.3 f/ By: Phel & Schmieg, LLP Roe W. Cusick, Esquire Attorney for Plaintiff 244013 Exhibit "A" FILED-c-'? n- CE t1F ?Ne P. i4 5?4' -7 A? Ej' ?? CUMp??n? ?NfY Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI VS. WILLIAM C. BREHM, III ,r Attorney for Plaintiff ?'Vt CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 104786-C1VIL TERM kjC ()919 ' QL?C?S 244013 PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against WILLIAM C. BREHM, III, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $123,352.55 Interest - 07/07/2010 to 09/01/2010 $1.050.63 TOTAL $124,403.18 I hereby certify that (1) the Defendant's last known address is 156 NEWVILLE ROAD, NEWBUR.G, PA 17240-9379, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. 1/ 1 1 n1 '7-A I In a enc0. Aielan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? amel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: l71'?0? PHS X1244013 PROTHONOT Y 244013 Exhibit "B" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS Court of Common Pleas TRUSTEE FOR GSMPS 2006-RP1 Plaintiff Civil Division V. CUMBERLAND County WILLIAM C. BREHM, III No.: 10-4786-CIVIL TERM Defendant ORDER AND NOW, this Xik day of , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tune as follows: Principal Balance Interest Through March 2, 2011 Per Diem $18.69 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance $119,603.90 $7,307.11 $31.14 $1,300.00 $1,005.00 $0.00 $95.00 $0.00 $88.16 ?yUbl3 '1 n n AI7 Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from March 2, 2011 through the date of sale at six percent per annum. $130,726.76 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT $ 0.00 ($0.00) $1,296.45 244013 '%A AA1'I Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey April 25, 2012 WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 WILLIAM C. BREHM, III 400 CHERYL AVE MECHANICSBURG, PA 17055-3319 RE: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 v. WILLIAM C. BREHM, III Premises Address: 156 NEWVILLE ROAD NEWBURG, PA 17240 CUMBERLAND County CCP, No. 10-4786-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by April 30, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very Daba 0, vsky, Esquire Att0mc r Plaintiff Enclosure 244013 Phelan Hallinan & Schmieg, LLP Robert W. Cusick, Esq., Id. No.80193 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff V. WILLIAM C. BREHM, III Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4786-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individual on the date indicated below. WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 DATE: ? v WILLIAM C. BREHM, III 400 CHERYL AVE MECHANICSBURG, PA 17055-3319 Phelan Hallinan & Schmieg, LLP By: _ Q'i Robe W. sick, Esquire ATTO Y FOR PLAINTIFF 244013 rj F. (IL V r v ? ? ?? ?! r -N S' LV,4MA , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP 1 Plaintiff Court of Common Pleas : Civil Division v. WILLIAM C. BREHM, III Defendant CUMBERLAND County No.: 10-4786-CIVIL TERM RULE AND NOW, this -314t day of 2012, a Rule is entered upon the Defendant V to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant shall have twenty (20) days from the date of this Order to file a response to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 4. L J. 244013 -- -I Robert \ V" Phelan H; 1617 JFK Philadelp TEL: (21 FAX: (2 usick. Esq., Id. No.80193 inan & Schmieg. LLP 3oulevard, Suite 1400 a, PA 19103 ) 563-7000 ,) 563-3459 i/WILLP 4 C. BREHM, III 156 NE` 'VILLE ROAD NEWBI ZG, PA 17240-9379 ?.? itta. )eL G /WILLIAM C. BREHM, III 400 CHERYL AVE MECHANICSBURG, PA 17055-3319 244013 244013 s ? t ¢C tla 2 .JUN -.8 AP1 9: 4 v AUMBERLAND COUNT;' Phelan Hallinan & Schmieg, LLPPENNSY!_VANIA Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP I Plaintiff vs. WILLIAM C. BREHM, III Defendant Court of Common Pleas Civil Division CUMBERLAND County No.: 10-4786-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's June 1, 2012 Rule directing the Defendant to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individual on the date indicated below. WILLIAM C. BREHM, III WILLIAM C. BREHM, III 156 NEWVILLE ROAD 400 CHERYL AVE NEWBURG, PA 17240-9379 MECHANICSBURG, PA 17055-3319 helan H inan & Sc e , LLP DATE: ` By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 244013 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r.., Sheriff tit r x?xt?ttn o[ b ?aifx,rt/?. T??? Jody S Smith Chief Deputy i Y 12 JU 12 A. t1 8: Richard W Stewart i Solicitor CUMBD-; AWD COON P E N N S Y i.VA i1 r US Bank Trust National Association vs. Case Number William C. Brehm, III 2010-478SHERIFF'S RETURN OF SERVICE 12/29/2011 06:19 PM - Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 156 Newville Road, Newburg, Cumberland County, PA 17240. 12/29/2011 06:19 PM - Deputy Shawn Gutshall, being duly sworn according to law, served the requested Real Es ate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: William C. Brehm, III, pursuant to Order of Court by "Posting" the premises located at 156 Newville Road, Hopewell Township, Newburg, Cumberland County, PA 17240, with a true and correct copy according to law. 01/30/2012 Affidavit of Service on William C. Brehm, III filed in the Sheriffs Office 02/21/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 03/06/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/6/2012 06/05/2012 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 07/11/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed" 11, per letter of instruction from Attorney. SHERIFF COST: $687.16 SO ANSWERS, July 11, 2012 RON RANDERSON, SHERIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE COURT OF COMMON PLEAS FOR GSMPS 2006-RP1 Plaintiff CIVIL DIVISION V. NO.: 10-4786-CIVIL ARM WILLIAM C. BREHM, III Defendant(s) CUMBERLAND COUNTY PHS # 244013 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1, Plaintiff in the above action, the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information conce ing the real property located at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) William C. Brehm, III 156 Newville Road Newburg, PA 17240-9379 2. Name and address of Defendant(s) in the judgment: • Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to b? sold: Name Address (if address cannot be reasonably ascertained, please indicate) Capital One Bank Capital One Bank, N.A. 6851 Jericho Turnpike #190 Syosset, NY 11791 15000 Capital One Drive Richmond, VA 23238 Capital One Bank, N.A. Capital One Bank C/o James C. Warmbrodt, Esquire Commonwealth of Pennsylvania Bureau of Compliance Commonwealth of Pennsylvania 13ureau of Compliance 1680 Capital One Drive McLean, VA 22102 Weltman, Weinberg & Reis, Co., L.P.A. 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Department 280946 Harrisburg, PA 17128-0946 Department 280948 Harrisburg, PA 17128 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and'address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Newburg-Hopewell Joint Authority Irwin & McKnight, P.C. C/o Matthew A. McKight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Newburg-Hopewell Joint Authority P.O. Box 128 Newburg, PA 17240 Name and address of every other person who has any record interest in the property and whose interest may be affocted by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Cindy Brehm C/o Stacy B. Wolf, Esquire William C. Brehm, III C/o Diane G. Radcliff, Esquire Domestic Relations of Cumberland County 156 Newville Road Newburg, PA 17240-9379 Wolf & Wolf 10 West High Street Carlisle, PA 17013-2922 3448 Trindle Road Camp Hill, PA 17011 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. ??- Date: 01 t Phelan Hall' an 8.S?g, LLP Allison F. We S, Esq., Id. No.309519 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 . Plaintiff VS. WILLIAM C. BREHM, III Defendant(s) : COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4786-CIVIL TERM CUMBERLAND COUN?Y NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION O TAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BAN UPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 is schedule to be sold at the Sheriff's Sale on 03/07/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $130,726.76 obtained by US BANK NATI NAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 (the mortgagee) against you. In the event t e sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1430. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the j if the judgment was improperly entered. You may also ask the Court to postpone the sale for good ce 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance ITou will have of stopping the sale. (See notice on page two on how to obtain an attorney YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGH?1 S EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find ?)ut the price bid by calling 215-563-7000. 2. You may be able to, petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the ?heriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule Of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection i his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with th Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA E A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED B LOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4786-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 vs. WILLIAM C. BREHM, III owner(s) of property situate in the HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 Parcel No. 11-08-0601-043 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $130,726.76 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Townsh Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along the said road Eastwardly two hundred (200) feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman, three hundred sixty-eight (368) feet to point; thence along said land, Westwardly two hundred (200) feet to a point; thence by said Kitzmiller land Northwardly three hundred sixty-three (363) feet to the place of BEGINNING. EXCEPTING AND RESERVING the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, hi wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land of Harold Kitzmiller; thence along land of the said Harold Kitzmiller in a Northerly direction, a distance of on hundred forty (140) feet to a point at line of other land now or formerly of Chester H. Cramer and Rebecca Cramer, his wife; thence along land now or formerly of said Creamers, in an Easterly direction, a distance c two hundred (200) feet to a point at line of land now or formerly of said Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of one hundred thirty-one (131) feet to a point; thence by the same in a Westerly direction, a distance of two hundr (200) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling commonly known as 156 Newville Road TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, III, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w, dated 11/24/2003, recorded 11/26/2003 in Book 260, Page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 PARCEL NO. 11-08-0601-043 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-4786 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI, Plaintiff (s) From WILLIAM C. BREHM, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $130,726.76 L.L.: Interest FROM 3/3/2011 TO DATE OF SALE ($21.79 PER DIEM) Any's Comm: % Atty Paid: $883.42 Plaintiff Paid: Date: DECEMBER 1, 2011 (Seal) Due Prothy: 52.00 Other Costs: vid uell, Prothonotary By: Deputy REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE "OOPY FROM RECORD In Testimony whereof, 1 here unto set m hand and the seal of said Cc`d atCarlisie, Pa This ? Jay of _? 201 P' Oth On December 14, 20 11 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA, Known and numbered as, 156 Newville Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date December 14, 2011 By: Ve C l Estate Coordinator r CUMBERLAND LAW JOURNAL Writ No. 2010-4786 Civil Term US Bank National Association, As Trustee for GSMPS 2006-RP1 VS. William C. Brehm, III Atty.: Daniel Schmieg By virtue of a Writ of Execu- tion NO. 10-4786-CIVIL TERM, US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 vs. WILLIAM C. BREHM, III owner(s) of property situate in the HOPEWELL TOWNSHIP, Cumberland County, Pennsylvania, being 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. Parcel No. 11-08-0601-043. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $130,- 726.76. 27 C 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 anc State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Lav Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesa 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 regularl3 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: 27, February 3, and February 10, 2012 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 subjec 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. isa Marie Coyne, Edi SW01?V TO AND SUBSCRIBED before me this 10 day of Februar 2012 (, 12 Notary NJTARIAL SEAL DEBORAH A COLLINS Notary Public FCAARL?IISLE H, CUMBERLAND COUNTY BOROUGH. My Commission Expires Apr 28, 2014 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 i4ePatriot hews 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true, and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/27/12 2010.4786 CNN Tenn 02/03/12 s Bank National Association, a Trustee for GSMPS 2006.RP1 02/10/12 vs W118am C. Brehm, III Atty. Daniel Schmisg By virtue of a Writ of Execution NO. 104786-OVELTERM US BANK NATIONAL ASSOCIATION Sworn to and subscribed before me this, '24),?Ky of February, 2012 A.D. , AS TRUSTEE FOR GSMPS 2006.RPl ` VS. WILLIAM C. BREHM, III i owner( s) of property situate in the Notary Public HOPE WELL TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) COMMONWEALTH OF PENNSYLVANIA 156 ROAD, NEWBURG, PA Notarial Seat 172 -9379 Sherrie L. Owens, Notary Public I Paz 1 No. 11-08-0601-043 ° Lower Paxton Twp., Dauphin County ( age or street address) My Commission Expires Nov. 26, 2015 Improvements thereon: RESIDENTIAL MEMBER, FENNSYLVANIA ASSOCIATION OF NOTARIES DWELLING JUDGMENT AMOUNT. $130,726.76 c-? IN THE COURT OF COMMON PLEAS -OX CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP I Plaintiff vs. WILLIAM C. BREHM, III Defendant Court of Common PI s. r- ? Civil Division' ? ea CUMBERLAND Countq N 0 a? c;a G•, No.: 10-4786-CIVIL TERM ORDER AND NOW, this &-i,,, day o" 2012, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED G...' -' ? R^ c. •w.7 to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through June 6, 2012 Per Diem $18.43 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Escrow Deficit Suspense/Misc. Credits $119,603.90 $15,777.58 $31.14 $1,300.00 $1,234.00 $683.42 $370.00 $4,027.79 ($2,000.00) TOTAL $141,027.83 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: ? ?e(,ssa? «. ?, Pak 0; ff,6 11^ e4in M- J. V. '51 ce" r -w emu./- , 1? 7// 244013 X?c PRAECIPE TO REASSESS DAMAGES P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff v. WILLIAM C. BREHM, III Defendant(s) COURT OF COMMON c:;,} PLEAS ~ ~ ~ `:.~: ~ CIVIL DIVISION ~~' 10-4786-CIVIL TEI~ "° NO ° -•- . A~ ~ G~~ Za' ~ ~. CUMBERLAND COUN1~#~ c, ~ ~., ._ PRAECIPE TO REASSESS DAMAGES To the Prothonotary: Kindly Reassess the Damages per the Court Order dated 07/10/2012 in favor of the Plaintiff and against L ``~-- an ,defendant(s). As Set Borth in the Order $141,027.83 [allinan & Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff ayu~~\~o.~~l a ~ i~~s~ Q-~' ~' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS : Court of Common Plea, r,, TRUSTEE FOR GSMPS 2006-RP1 ~- ~-~~ Plaintiff ~~ C'7vi1 D3Vlsic~n n~'~ ~:.:, ~._ vs. ..,_rfr ~~~ CUMf3F,Rl.A1'~ly C'd4t ~ ..... r-~' r,,, ~, ~~~'~-- _, <... WILLIAM C. BREHM, III No.: l(}-4786-C1VIL~~A '~ Defendant ~`' +~ s_. ORDER AND NOW, this /Q~` day of L~~~ , 2012, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance $119,603.90 Interest Through June 6, 2012 $15,777.58 Per Diem $18.43 . Late Charges $31.14 Legal fees $1,300.00 Cost of Suit and Title $1,234.00 Sheriffs Sale Costs $683.42 Property Inspections $370.00 Escrow Deficit $4,027.79 Suspense/Misc. Credits ($2,000.00) TOTAL $141,027.83 Plus interest from June 6, 2012 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT: ,• J 244013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-4786 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff (s) From WILLIAM C. BREHM, III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $141,027.83 L.L.: Interest Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1,615.58 Other Costs: Plaintiff Paid: Date: 8/31/12 baA David D. Bu 11, Prothonot (Sea)) Deputy REQUESTING PARTY: Name: JOHN MICHAEL KOLESNIK, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215563-7000 Supreme Court ID No. 308877 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006- COURT OF COMMON PLEAS RP1 Plaintiff CIVIL DIVISION V. NO.: 10-4786-CIVIL TERM WILLIAM C. BREHM, III Defendant(s) CUMBERLAND COUNTY To the Prothonotary: Issue writ of execution in the above matter: 2 Amount Due $141,027.83 r - _` (yj 0 w - "o -r, ) TOTAL $141,027.83 C*?' xw G C . P,kefA Hallinan & Schmieg, LLP o Michael Kolesnik, Esq., Id. No.308877 ttornev for Plaintiff Note: Please attach description of property. PHS # 244013 CSD ?."'.ab, - Q U6 OD Lo 4,, qa• ?ti?u • 1?• Nv ??'. Sb "u a i4a.as -Doe C. (?CLr aaa?s?p P#Qaol 9( w"+ r?{ j2???surd PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 PROTHOINOTAF, 2012 AUG 3( PM 3: U 3 Attorneys for Plaintiff 'CUMBERLAND COUNT` OcWW US BANK NATIONAL ASSOCIATION, AS TRUSTE>LVANIA COURT OF COMMON PLEAS GSMPS 2006-RPI Plaintiff CIVIL DIVISION V. NO.: 10-4786-CIVIL TERM WILLIAM C. BREHM, III Defendant(s) CERTIFICATION : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the: premises are not subject to the provisions of Act 91 because: (X) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant ( ) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. By: Phan Hallinan & Schmieg, LLP ,? Michael Kolesnik, Esq., Id. No.308877 Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 Plaintiff V. WILLIAM C. BREHM, III Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-4786-CIVIL TERM CUMBERLAND COUNTY PHS # 244013 AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379. I . Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) - WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 ?t . k-": "' a , 2. Name and address of Defendant(s) in the judgment: :g' C-) -?, Name Address (if address cannot be reasonably - ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real p roperty to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Capital One Bank 6851 Jericho Turnpike #190 Syosset, NY 11791 Capital One Bank C/O James C. Warmbrodt, Weltman, Weinberg & Reis, Co., L.P.A. Esquire 436 Seventh Avenue, Suite 1400 Pittsburgh, PA 15219 Capital One Bank, N.A. 15000 Capital One Drive Richmond, VA 23238 Capital One Bank, N.A. 1680 Capital One Drive McLean, VA 22102 Commonwealth of Pennsylvania Bureau of Compliance Department 280946 Harrisburg, PA 17128-0946 Commonwealth of Pennsylvania Bureau of Compliance Department 280948 Harrisburg, PA 17128 CAPITAL ONE BANK KOPPERS BUILDING C/O PATRICK T. WOODMAN, ESQUIRE 436 SEVENTH AVENUE PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Newburg-Hopewell Joint Authority P.O. Box 128 Newburg, PA 17240 Newburg-Hopewell Joint Authority C/O Matthew Irwin & McKnight, P.C. A. McKnight, Esquire 60 West Pomfret Street Carlisle, PA 17013 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Cindy Brehm C/O Stacy B. Wolf, Esquire William C. Brehm, III C/O Diane G. Radcliff, Esquire Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building Commonwealth of Pennsylvania, Bureau of Individual Tax, Inheritance Tax Division Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program CINDY BREHM 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 Wolf & Wolf 10 West High Street Carlisle, PA 17013-2922 3448 Trindle Road Camp Hill, PA 17011 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 6th Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 22606 N 20TH PLACE PHOENIX, AZ 85024 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. T understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: lZ By: faliinan & Schmieg, LLP hael Kolesnik, Esq., Id. No.308877 for Plaintiff US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR COURT OF COMMON PLEAS GSMPS 2006-RPI CIVIL DIVISION Plaintiff NO.: 10-4786-CIVIL TERM VS. WILLIAM C. BREHM, III CUMBERLANH tTTV ?, ; :j Defendant(s) r NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ? Ca w ?r` TO: WILLIAM C. BREHM, III 156 NEWVILLE ROAD NEWBURG, PA 17240-9379 "THIS FIRM I$ A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 is scheduled to be sold at the Sheriff's Sale on 12/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of 5141,027.83 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RPI (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attor'ney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STALL BE ABLE TO SAVE YO] EVEN IF TAKE 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR ;CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-4786-CIVIL TERM US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR GSMPS 2006-RP1 VS. WILLIAM C. BREHM, III owner(s) of property situate in the TOWNSHIP OF HOPEWELL, Cumberland County, Pennsylvania, being (Municipality) 156 NE)YVILLE ROAD, NEWBURG, PA 17240-9379 Parcel No. 11-08-0601-043 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $141,027.83 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 HKI Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along said road Eastwardly 200 feet to line of land now or formerly of H. Vincent !Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence S!outhwardly along the said land and land now or formerly of Herman Keeseman 368 feet to a point; thence along said land, Westwardly 200 feet to a point; thence along said land, Westwardly 200 feet to a point; thence by said Kitzmiller land Northwardly 363 feet to the place of BEGINNING. LESS HOWEVER, the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land now or formerly of Harold Kitzmiller; thence along land now or formerly of said Harold Kitzmiller in a Northerly direction, a distance of 140 feet to a point at line of other land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife; thence along land now or formerly of the said Chester H. Creamer and Rebecca K. Creamer, his wife, in an Easterly direction, a distance of 200 feet to a point at line of land now or formerly of the said Herman K. Kesseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of 131 feet to a point; thence by the same in a Westerly direction, a distance of 200 feet to a point, the place of BEGINNING. TITLE T O SAID PREMISES IS VESTED IN William C. Brehm, III, adult man, by Deed from Michael 'L. Cramer and Wendy S. Cramer, h/w, dated 11/24/2003, recorded 11/26/2003 in Book 260, Page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 PARCEL NO. 11-08-0601-043 LEGAL DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; thence along said road Eastwardly 200 feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No. 2 described; thence Southwardly along the said land and land now or formerly of Herman Keeseman 368 feet to a point; thence along said land, Westwardly 200 feet to a point; thence along said land, Westwardly 200 feet to a point; thence by said Kitzmiller land Northwardly 363 feet to the place of BEGINNING. LESS HOWEVER, the following described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land now or formerly of Harold Kitzmiller; thence along land now or formerly of said Harold Kitzmiller in a Northerly direction, a distance of 140 feet to a point at line of other land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife; thence along land now or formerly of the said Chester H. Creamer and Rebecca K. Creamer, his wife, in, an Easterly direction, a distance of 200 feet to a point at line of land now or formerly of the said,, Herman K. Keeseman and Mildred M. Keeseman, his wife; thence along the said Keesemjan land in a Southerly direction, a distance of 131 feet to a point; thence by the same in a Westerly direction, a distance of 200 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, III, adult man, by Deed from Michael L. Cramer and Wendy S. Cramer, h/w, dated 11/24/2003, recorded 11/26/2003 in Book 260, Page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, PA 17240-9379 PARCEL NO. 11-08-0601-043