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Home My WebLink About10-7103i McCABE, WEISBERG AND CONWAY, P.C. BY: "~ TERRENCE J. McCAI3E, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE- ID # 34419 123-South Broad Street, Suite 2080' Phla'delphra, Pennsylvania 19109 215 790-1010 Deutsche Bank National Trust Company, as Cumberland. County Trustee for Equifirst Mortgage Loan Trust Court of Common Pleas zoos-l 4708 Mercantile Drive. Number ~ ®_ ~ '~ b~ North Fort Worth; Texas 76137 v. Credie F. Windemaker, III 200 Willow Mill Park Road.. Mechanicsburg, Pennsylvania 17050 CIVIL ACTION/MORTGAGE FORECLOSURE - s --~~, a ~~ °~ a.~a- .~~ NOTICE You have been sued. in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that ifyou fail to do so the case may proceed without you and a judgment may be entered against you by the court without fin-ther notice for any money claimed in the complaint or fore any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to'you. YOU SHOULD TAKE 'T'HIS 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. Cumberland County Bai• Association 2,Libet`ty Avenue Carlisle;Pennsylvania 17013 (800) 990-9108 AVISO Le hen demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dies de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia esrrita o en persona o con uri abogado y entregar a la corte. en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuer la demanda erg contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades uotros derechos importantes Para usted. USTED LE DEBE TOMAR ESTE PAPEL A, SUABOGADOINMEDIA~'AMENTE. SIUSTEDNO TIENE A UN ABOGADO, VA A O TELEFONEA LA, OFICINA EXPUSO ABAJO. ESTA OFICINA LCI PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABO'GADO. SI USTED NO PUEDE PROPORCIONAR: PARA EMPLEAR UN ABOGADO, ESTA OFICIN~?. PUEDE SER CAPAZ DE PROPORCIONARLO CO7`l INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES' EN UN HONORARIO REDUCID'O NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania I70A3 (&00)990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE - 1. Plaintiffis Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1, a corporation duly. organized and doing business at the above captioned address. 2. The Defendant is Credie F. Windemaker, III, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 200 Willow Mi11 Park Road, Mechanicsburg, Pennsylvania 17050. 3. On January 7, 2005, Credie F. Windemaker, III made, executed and delivered a tnorfgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee four EquiFirst Corporation which mortgage is recorded in the Office of the Recorderof Cumberland County in Mortgage Book 1894, Page 3214. 4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for EquiFrst Corporation to Deutsche. Bank National Tn~st Company, as Trustee: for Equifirst Mortgage Loan Trust 2005-1, by Assignment of Mortgage, whicfi will be duly recorded in the; Office. of the Recorder of Cumberland County. 5. The premises subj ect to said mortgage is described in the legal description attached as Exhibiit "A" and is known as 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. 6. The mortgage is in default because; monthly payments of principal and irteresf upon said mortgage due May 1, 2010 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 7. The following amounts are due on the mortgage: Principal Balance $ 124,545.97 Interest through September 28, 2010. $ 1,451.3 i (Plus $8.10 per diem thereafter) Attorney's Fee $ 1,25.0.00' Late Charges $ 16i':16 Corporate Advance $ 80.92 Escrow Advance $ 1,746.26 GRAND TOTAL $ 129,241.62 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, eit seq.,: commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular maul with a certificate of mailing and by certified mail, return receipt requested. WIIEREFORE, Plaintiff demands an in rem Judgment against the Defendant in the sum of $129,241.62, together with interest at the rate of $8.10 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG A CO~ AY,P.C. ~~ BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE v VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative,'who is out of jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AN ONW Y,P.C. ~_..,. BY: !~ _ __ Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S: WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 v. Credie F. Windemaker, III COMMITMENT FOR TITLE INSURANCE SCHEDULE A (continued) File No. 201.0-8595 LEGAL DESCRIPTION ALL THOSE FOUR CERTAIN lots of ground situate in Silver Spring Township, Cumberland County; Pennsylvania, bounded and described. as follows: . No. L Lot No. 45, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Office of Recorder of Deeds in and for said Cumberland County in Plan Book No. 2, page 103. No. 2. Lot No. 46, in a. Plan of Cottage Lots known as Willow Mill Park, which Plan. of Lots is recorded in the Office of the Recorder of Deeds, aforesaid, in Plan Book 2, page 103. Having thereon erected a one story dwelling. No. 3. Lot No. 47, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid; in Plan BooklVo. 2, page 103. No. 4. Lot No. 48, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds `Office, aforesaid; in Plan Book No. 2, page 103. Being, the same property. acquired by Credie F. Windemaker, lII, by Deed recorded 02/06/2001, of record in Deed Book 239, Page 130, in the Office of the .Recorder of Cumberland County, Pennsylvania, Schedule A -Page 2 of 2 File #:2010-8595 - REO America Abstract Co. ALTA Commitment (6-17-06) - TIRBOP & STG modifications (4-1-07) stew~rf "--~-~f~tle guaranty company SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy C b n Richard W Stewart 6103 Solicitor ZM ,co -,r- C3 C Deutsche Bank National Trust Company vs zo am . Credie F. Windemaker, III mi "101 SHERIFF'S RETURN OF SERVICE 11/18/2010 04:11 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on November 18, 2010 at 1611 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Credie F. Windemaker III, by making known unto himself personally, at 200 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 November 19, 2010 RONALD HOOVER, DEPLIT'Y SO ANSWERS, ('Z' W, - Z2 RON R ANDERSON, SHERIFF McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 Plaintiff V. Credie F. Windemaker, III Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-7103 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: M w e C._ 111 rn 72. F te ? - inr rv ? - .r.- C-) n 7 C:? t : r7 ? --< c? Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 09/29/10 to 01/20/11 Total $ 129,241.62 $ 923.40 $ 130,165.02 TE NCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff r% i (y to day of sAi IA -0. 1 AND NOW, this , 2011, Judgment is entered in favor of Plaintiff, Deutsche Bank National Trust Company, as Trustee for Equifirs Mortgage Loan Trust 2005-1, and against Defendant, Credie F. Windemaker, III, and damages are assessed in the amount of $130,165.02, plus interest and costs. BY THE PROTHONOTARY: 0*4,g 1q, to t?l a el LA 131 V1 124 a5 04y McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 Plaintiff V. Credie F. Windemaker, III Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 10-7103 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendant, Credie F. Windemaker, III, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Credie F. Windemaker, III, is over eighteen (18) years of age, and reside as follows: Credie F. Windemaker, III 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 SWORN AND SUBSCRIBED BEFORE ME THIS -24th _ DAY OF-January, 20 1 NOTARY PUBLIC JMMONWEALTH OF PENN5YWAt: NOTARIAL SEAL Barbara I Moyer- Notary Public City of Philadelphia, Philadelphia Coo* MY WMMISSION EXPIRES JAN. 12, 2014 TERR NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 Plaintiff V. Credie F. Windemaker, III Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-7103 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS -24th _ DAY OF January , 2011 NOTARY PUBLIC NOTARIAL SEAL Barbara J. Moyer- Notary?blic I City of Philadelphia, Philadelphia CON* - 'AY COMMISSION EXPIRES JAN. 12, 20141 TERRENCE J. McCAB , ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ?Ici2 9 OFFICE OF THE PROTHONOTARY I 0 COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 CurtLong Prothonotary December 10, 2010 /- To: Credie F. Windemaker, III 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 vs. Credie F. Windemaker, III Cumberland County Court of Common Pleas Number 10-7103 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A ,%"ZrTT6X'APPEARANCE PERSONALLY, OR BY ATTORNEY AND FILE, IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTII AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY. BE ENTEM.). AGAINST TOUWITHOUTAHEARINGANMUMAY 06.9XOVR-PRQPERTY OR OTHER IMPORTANT RIGHTS. YOU SiIOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 00 TO OR TELEPHONE THE OFFICE SET FORTI I BELOW. 'n{IS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITI I INFORMATION ABOUT AGENCIF:S'PHAT MAY OFFER LEGAL SERVICES TO FLIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESF,NTADO UNA COMPARECENCIA ESCRiTA, YA 'SEA PERSONALMENTE 0 FOR ABOGADO Y FOR NO I IABER RADICADO FOR ESCRITO CON ESTE TRIBUNAL SUS DEFBNSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA AQCIGN DEB16A DENTRO DE DIEZ (10.) DIAS DE I A.FECHA DE ESTA NOTIFICACION, EL TRIBUNAL • PODRA, SIN NECESIDAD DE COMPARF.CER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA RN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTEDNO PUEDEPROPORCIONAR PARA EMPIY..AR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRKER LOS SERVICJOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO RHDUCIDO NI NINGON HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 4MWS EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE ly"NWJ. McCABE, ESQUIRE . WEISBERG, ESQUIRE sb WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-7103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL COMPANY, AS TRUSTEE FOR EQUIFIRST MORTGAGE LOAN TRUST 2005-1 Plaintiff (s) From CREDIE F. WINDEMAKER, 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 $130,165.02 L.L.$.50 Interest FROM 01/21/11 -- $2,803.40 AT $21.40 Atty's Comm % Due Prothy $2.00 Atty Paid $169.50 Other Costs Plaintiff Paid Date: 2/4/11 ;avid PDBuell, Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 V. Credie F. Windemaker, III FILE NO.: 10°7103 Civil Term AMOUNT DUE: $130,165.02 C_- INTEREST: from 01/21/11 zrn rn M -= $2,803.40 at $21.40 cnr ` r M ATTY'S COMM.: -V_ c6 C > ' CD COSTS: - C ; Z G CA) TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 200 Willow Mill Park Road Mechanicsburg Pennsylvania 17050 (More fully described as attached) PRAECIPE FOR ATTACI-IMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: January 26, 2011 CS) "ay-GG '4#'t'l q2. 60 /`/. oo < < tt??U Luc. SO Pd( A4l CXk# 131&&y Signature: Print Name: MCC BE, WEIS BERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. __ 1$ °- GU ?l l'D ? . ? CLCC? l L • • 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GA1RO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 Plaintiff V. Credie F. Windemaker, III Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON. PLEAS s a ,, -z t NO: 10-7103 c -c rn r cn ? 4, C.? s ' 3 -rt - t > ? c..y AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050, as of the date the Praecipe for the Writ of Execution was tiled. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Credie Windemaker Iii 200 Willow Mill Park Rd Mechanicsburg, Pennsylvania 17050-176 2. Name and address of Defendant in the judgment: Name Address Credie F. Windemaker, III 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mortgage Electronic Registration P.O. Box 2026 Systems, Inc. acting solely as nominee Flint, Michigan 48501 for EquiFirst Corporation Gateway Funding Diversified Mortgage Services, L.P. Fleet Mortgage Corporation Mortgage Electronic Registration Systems, Inc. 500 Office Center Drive, Suite 325 Fort Washington, Pennsylvania 19034 2210 Enterprise Drive Florence, South Carolina 29501 P.O. Box 2026 Flint, Michigan 48501 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Address 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 l Iarrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of l larrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and I larrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 1arrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 26, 201 1 DATE TER RE: E J. McCABE, ESQUIRE MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Deutsche Bank National Trust Company, as Trustee for COURT OF COMMON PLEAS Equifirst Mortgage Loan Trust 2005-1 CUMBERLAND COUNTY V. Credie F. Windemaker, III Number 10-7103 -i = 1-nC0 r*t ;u -n r r, CV rrt-- rn r-- - NOTICE OF SHERIFF'S SALE, OF REAL PROPERTY = r- - " 0M C=) CD e - -4 To: Credie F. Windemaker, III ? -= Rt ?-° } 200 Mill Park Road C,3 C,3 C:) Mechanicsburg, Pennsylvania 17050 -- Your house (real estate) at 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050 is scheduled to be sold at Sheriffs Sale on June 1, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $130,165.02 obtained by Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. 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 the following notice 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 If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting ofthe schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate 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, 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 ABOUTAGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THOSE FOUR CERTAIN tots of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: No. 1. Lot No. 45, in a Plan of Cottage Lots known as Willow Milt Park, which Plan of Lots is recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan Book. No. 2, page 103. No. 2. Lot No. 46, in aPlan ofCottage Lots known as Willow Mill Park, which Plan ofLots is recorded in the Office of the Recorder of Deeds, aforesaid, in Platy Book 2, page 103. Having thereon emted a one story dwelling. No. 3. Lot No. 47, in a Plan ofCottage Tats :known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plant Book No. 2, page 103. No, 4. Lot No, 48, in a Plan ofCottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deals Office, aforesaid, in Plan Book No. 2, page 103. 20 0 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. BEING the same premises which MARJORIE A. TANGER, N/K/A MARJORIE A. REYNOLDS, EXECUTRIX OF AND UNDER TI-11? LAST WILL AND TESTAMENT OF MYRA B. "TANGER, DECEASED by deed dated January 31, 2001 and recorded February 6, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 239, Page 130, granted and conveyed to Credie F. Windemaker, III in fee. TAX MAP PARCEL NUMBER: 38-16-1072-005 McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 Plaintiff V. Credie F. Windemaker, III Defendant Attorney for Plaintiff n : 7 r- CUMBERLAND COUNTY, rrj COURT OF COMMON PLEAS? ' _ Cd T?? ° - o Number 10-7103 D w - ' rr --) Z AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 31 st day of March, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIB BEFO ME THIS DAY OF,A, , A9 2011 lo, McCABE EISBE ONWAY, P.C. OBLIC Attorne ??' r nt* H H nF P ENN$YLVANIH NOTARIAL SEAL B J. Moyer-Notary Public E. NCE J. c ABE, ESQU # 16496 'HW 0) v: City of Philadelphia, Philadelphia courtly MARC S. WEISBERG, ESQUIRE 01 # 17616 MY COMMISSION E IRES JAN,12, 2014 EDWARD D. CONWAY, ESQUI - ID #34687 MARGARET GAIRO, ESQUIRE - ID # 34419 • McCABE, WEISBERG & CONWAY, P.C. TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 Plaintiff V. Credie F. Windemaker, III Defendant Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 10-7103 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Credie Windemaker Iii 200 Willow Mill Park Rd Mechanicsburg, Pennsylvania 17050-176 2. Name and address of Defendant in the judgment: Name Address Credie F. Windemaker, III 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mortgage Electronic Registration P.O. Box 2026 Systems, Inc. acting solely as nominee Flint, Michigan 48501 for EquiFirst Corporation 5. 6. Gateway Funding Diversified Mortgage Services, L.P. Fleet Mortgage Corporation Mortgage Electronic Registration Systems, Inc. 500 Office Center Drive, Suite 325 Fort Washington, Pennsylvania 19034 2210 Enterprise Drive Florence, South Carolina 29501 P.O. Box 2026 Flint, Michigan 48501 Name and address of every other person who has any record lien on the property: Name Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Address 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States U.S. Dept. of Justice Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. McC Y, P.C. March 31, 2011 _ Attorne or at // DATE By:? TEP&ENerJ`-WcC% , MMI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 COURT OF COMMON PLEAS Plaintiff V. Credie F. Windemaker, III Defendant DATE: March 31, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 10-7103 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Credie F. Windemaker, III PROPERTY: 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 1, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. 00 J O? V1 A W N ?r n ?C d e • a a lD O A ? R' ? , ~C ? C rt y rt m ?"??O C o ?C ?.a n Yp.";bbdCC? ??,'a? '?J';C7? '?JN'?J 'sJ?L7 '?7;Uo '•? 3 axto „``-*•9 Zy bd? ?5 ? ?a Woa ? t? O? Cy`<ao ??°a0] bo04, p°o A do°soa°a °-? a°earo Ago ??e cym rt 0 eb a f7 cr O O lsJ Rcf ' Oil N° rJ rt a ?Nm to Q > '•?. Y! < a' y H? b V] m rt IS CTp ?• but O. i„ M ? A C yn "S ?? QQ ar0 N? to C? n a O C m „C,r Mcm 40 A • C 7 n r d A C m O\ ,.. A 00? ? ^rt71 Y! CD ¦° O p b 1" Cpl = y a ft O rt... a "sOQ a rt eD ..G? d? . MO N?+ w ? ?o ! '.. plb m C O""' dO "Ct C.b A y a 14 00 a O n• dp .t . -e ddd Oo MO ? p cagy C `! y `< ?° A `C ?o < m 7Q. a m m rt EA A`? t..! y .°? 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A ?i fD QQ • we ft ^S UQ bon C 4 ppO (IQ b p' .7 AT .r o Mo ., doe ° o rn sJy ro? ?' o ? v m °*o nD?D i b? ti o c 0 I ro.d e'D'* m a a 'S7N° o >w WO Fto a C y ` ?? rA n_ -.. ''a eD m „v a ° y •w a o ° s a"' 27o C '"+ b y C 0-1 ova ' 0-1 _ ' IV - M a 12 IV ?< ?` a? ?A ?• =? p,Q O fD ap `C ^ 0-4 ., MJ fD D NdnA N A ~ O oQ• trJ_• wp om O C wC OC ° Go r. ?. F+ m a d ti s ? O Ay 't ? C •m• ~? rn OOfD p p ~+m " y 00 fD A w.. f<D to u? r' 0 0 A D OE 0 9 06 0 °pfD @ a? NO+ v4 o D a-1 f M ? f D C 0 o ft no ??'AC/10 OZcV?V]O A ? p W G O? #; < O fD O\ A y i.7' QQ ?• V i C S ? N TJ W A9 O r+ O C H fD ? ., M O ?.? 0 C" m y d ?? AA ? i A O ? ? A 'S A n A y O A Az a= ?3 '. ? ?v o? To Oro ?? n A y SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson d r t •. ?? t rti p2 Sheriff Jody S Smith Chief Deputy _ PH b : ?Up Richard W Stewart ERLit"Jr, COQ! L Solicitor Deutsche Bank National Trust Company vs. Case Number Credie F. Windemaker, III 2010-7103 SHERIFF'S RETURN OF SERVICE 03/14/2011 09:05 PM - Deputy Ryan Burgett, 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 200 Willow Mill Park Road, Mechanicsburg, PA 17050, Cumberland County. 03/14/2011 09:05 PM - Deputy Ryan Burgett, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Credie F. Windemaker, III at 200 Willow Mill Park Road, Silver Spring Township, Mechanicsburg, PA 17050, Cumberland County. 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Deutsche Bank Trust Company Americas, et. al., 10790 Rancho Bernardo Road, San Diego, CA 92127, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $859.68 SO ANSWERS, July 07, 2011 RON R ANDERSON, SHERIFF 6 Y) d• ? C 4 . T Attorneys for Plaintiff eu ac e an National Trust Company, as Trustee for CUMBERLAND COUNTY COURT OF COMMON Equifirst Mortgage Loan Trust 2005-1 PLEAS Plaintiff McCABE, WEISBERG AND CONWAY, Y.C. BY: TERRENCE J. McCABE, ESQUIRE - ID It 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARETCAIRO, ESQUIRE - 11) It 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215 790-1010 D t hB k Credie F Windemaker, III NO: 10-7103 Defendant AFFIDAVITPURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050, as of the date the Praecipe for the Writ of Execution was tiled. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Credie Windemaker Iii 200 Willow Mill Park Rd Mechanicsburg, Pennsylvania 17050-176 2. Name and address of Defendant in the judgment: Name Address Credie F. Windemaker, 111 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 3. Name and last known address ofcwery judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mortgage Electronic Registration Systems, Inc. acting solely as nominee for Equil-irst Corporation Gateway Funding Diversified Mortgage Services, L.P. P.O. Box 2026 Flint, Michigan 48501 500 Office Center Drive, Suite 325 Fort Washington, Pennsylvania 19034 Fleet Mortgage Corporation Mortgage Electronic Registration Systems, Inc. 2210 Enterprise Drive Florence, South Carolina 29501 P.O. Box 2026 Flint, Michigan 48501 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person oi'whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name "Tenants/Occupants Address 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 1larrisburg, PA 17105 ATTN: Dan Richard 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 llarrisbnrg, PA 171,28 Willow Oak Buildino P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 llarrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of 1 larrisburg, PA 17128-1230 Compliance ATTN. Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations P.O. Box 320 Cumberland County Carlisle, PA 17013 United States of America c/o United States Attorney for the Middle District of 1'A William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and I larrisburg Federal Building & Courthouse '28 Walnut Street, Ste. 220 l larrisburg, PA 17108-1754 United States of America c/o U.S. Dept of Justice, Room 511 1 Atty General of the United States 950 Pennsylvania Avenue N\V Washington, DC 20530-0001 United States of America c/o U.S. Dept of Justice, Room 1400 Atty General of the United States 950 Pennsylvania Avenue N \K Washington, DC 20530-0001 8. Name and address of Attorney of record: Name Address None 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 MIS Pa.C.S. Section 4904 relating to unsworn falsification to authorities. January 26, 201 1 DATE '11, RRE. 'E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff -1^ 4 . 1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL AC'T'ION LAW Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 v. Credie F. Windemaker, 111 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 10-7103 NOTICE Ol' SHERIFF'S SALE OF REAL PROPERTY To: Credie F. Windemaker, III 200 Willow Mill Park Road Mechanicsburg, Pennsylvania 17050 Your house (real estate) at 200 Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050 is scheduled to be sold at Sheriffs Sale on June 1, 2011 at 10:00 a.m. in the Commissioner's Bearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Cal'IiSIC, Pennsylvania 17013 to enforce the court judgment of$130,165.02 obtained by Deutsche Bank National Trust Company, as Trustee for I"quifirst Mortgage Loan Trust 2005-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ho prevent this Sheriffs Sale you must take immediate action: l . The sale will be canceled if you pay to Deutsche Bank National Trust Company, as Trustee for Equifirst Mortgage Loan Trust 2005-1 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. You may also be able to stop the sale through other legal proceedings. YOU may need an attorney to assert your rights. "I'he sooner?'ou contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain all attorney.) YOU MAY STILL. BE ABI E TO SAVE, YOUR PROPERTY AND YOU HAVE OTtIER RIGHTS EVEN IF THE SHERIFF'S SALE, DOES "TAKE PLACE l . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., 'squire at (2I5) 790-1010. 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. ?. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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. ?. You have a right to remain in the property until the full amount due is paid to the Sher iffand 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who N ill be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Shu iff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT IIAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT TIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOtjT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL, DESCRIPTION ALL THOSE FOUR CERTAIN lots of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: No. 1. Lot No. 45, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan Book No. 2, page 103. No. 2. Lot No. 46, in aPlan of Cottage Lots tmown as Willow Mill Park, which Plan of Lots is recorded in the Office of the Recorder of Deeds, aforesaid, in Plan Book 2, page 103. Having thereon erected a one story dwelling. No. 3, Lot No. 47, in a Plan ofCottage Lots known as Willow Mill Park, Which Plan oi'Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Hook No. 2, page 103. No. 4, Lot No. 48, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Dceds Office, aforesaid, in Plan Book No. 2, page 103. 0 Willow Mill Park Road, Mechanicsburg, Pennsylvania 1705(). BEING the same premises which MARJORIE; A. TANGFR, N/K/A MARJORIE A. REYNOLDS, EXECUTRIX OF AND UNDER TEIF' LAST WILL AND TESTAMENT OF MYRA B. ']'ANGER, DECEASED by decd dated January 31, 2001 and recorded February 6, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 239, Page 130, granted and conveyed to Credie F. Windemaker, III in fee. "TAX MAP PARCEL NUMBER: 38-16-1072-005 CUMBERLAND LAW JOURNAL Writ No. 2010-7103 Civil TAX MAP PARCEL NUMBER: 38- 16-1072-005. Deutsche Bank National Trust Company vs. Credie F. Windemaker, III Atty.: Margaret Gairo ALL THOSE FOUR CERTAIN lots of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: No. I. Lot No. 45, in a Plan of Cot- tage Lots known as Willow Mill Park which Plan of Lots is recorded in the Office of the Recorder of Deeds in and for said Cumberland County in Plan Book No. 2, page 103. No. 2. Lot No. 46, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Office of the Recorder of Deeds, aforesaid, in Plan Book 2, page 103, Having thereon erected a one story dwelling. No.3. Lot No. 47, in a Plan of Cot- tage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No. 2, page 103. No 4 Lot No 48, in a Plan of Cot- tage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No 2, page 103. 200 Willow Mill Park Road, Me- chanicsburg, Pennsylvania 17050. BEING the same premises which MARJORIE A. TANGER, n/k/a MARJORIE A. REYNOLDS, EXECU- TRIX OF AND UNDER THE LAST WILL AND TESTAMENT OF MYRA B. TANGER, DECEASED by deed dated January 31, 2001 and recorded February 6, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 239, Page 130, granted and conveyed to Credie F. Windemaker, III in fee. 93 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coy e, Editor SWORN TO AND SUBSCRIBED before me this da of Mav. 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 _ ie -atr`ot-News Co. 20 20 1 et:hno ogy Pkwy Suite :100 Me :hanicshurq, PA 17050 In,wir os - 7'17•255-8213 CL_'MBERLAND CO SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE i4fPatriot 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 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: 04/22/11 Sworn to and subscribed befoo? me this 23 day, of May, 2011 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarlat Seal -___ Sherrie L Klsner, Notary Public Lower Paxton Twp., Dauphln Count). j My Commission Expires Nov. 26, 2011 Member, Perms anla Associatlo, o NNotanc, 04/29/11 05/06/11 2010-7103 Ctirll Term 1?eN h"o 9W* b811eapti TAISt Company VS Credo Fi WNtde raker, III Atty; Margaret Qalro ALL THOSE FOUR CERTAIN lots of ground situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows: No. 1. Lot No. 45, in a Plan of Cottage Lots known as Willow Mill Park which Plan of Lots is recorded in the Office of the Recorder of Deeds in arid for said Cumberland County in Plan Book No. 2, page 103. No. 2. Lot No. 46, in a Plan of Cottage Lots known as Willow Mill Park, which Plan of Lots is recorded in the Office of the Recorder of Deeds, aforesaid, in Plan Book 2, page 103, Having thereon erected a one story dwelling. No.3. Lot No. 47, in a Plan of Cottage Lots known as WdlowM llPark which Plan ofLots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No. 2, page 103. No 4 Lot No 48, in a Plan of Cottage Lots known as Willow Mill Park, which Plan ofLots is recorded in the Recorder of Deeds Office, aforesaid, in Plan Book No 2, page 103 200 , Willow Mill Park Road, Mechanicsburg, Pennsylvania 17050. BEING the same premises which MARJORIE A. TANGER, N/K/A MARJORIE A. REYNOLDS, EXECUTRIX OF AND UNDER THE LAST WILL AND TESTAMENT OF MYRA B. TANGER, DECEASED by deed dated January 31, 2001 and recorded February 6, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 239, Page 130, granted and conveyed to CredieF Windemaker, III infee. TAX MAP i?ARCEL NUMBE : 38-16- 1072.M COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Equifirst Mortgage is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 4 day of February, A.D., 202011, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 7103, at the suit of Equifirst Mortgage Loan Trust 2005-1 against Credie A. Windemaker III is duly recorded as Instrument Number 201119110. IN TESTIMONY WHEREOF, I have hereunto set my hand an seal of said office this _ day of X?t of Deeds Recorder of Deeds, Cumberland County, Carlisle, PA My Commission Expires the Fast Monday of Jan. 2014