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HomeMy WebLinkAbout05-0884PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 V. SHIRLEY A.ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 6S l tr,?l? CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 108709 IF THIS 1S THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File 4: 109709 Plaintiff is FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 2. The name(s) and last known address(es) of the Defendant(s) are: SHIRLEY A.ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/31/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MARYLAND FINANCIAL RESOURCES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1571, Page: 719. By Assignment of Mortgage recorded 9/21/99 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 625, Page 540. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. FileN 108709 6. The following amounts are due on the mortgage: Principal Balance $141,166.88 Interest 4,892.10 07/01/2004 through 02/15/2005 (Per Diem $21.27) Attorney's Fees 1,250.00 Cumulative Late Charges 129.57 08/31/1999 to 02/15/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 147,988.55 Escrow Credit 93.30 Deficit 0.00 Subtotal $- 93.30 TOTAL $ 147,895.25 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 147,895.25, together with interest from 02/15/2005 at the rate of $21.27 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff F&4: 109709 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, known as Lot 1 of the Final Subdivision/Lot Addition Plan and Survey for the Nora M. Eser Estate, prepared by Statler-Brehm Associates, Inc. dated February 1, 1996 revised February 14, 1996 and recorded in Cumberland County Plan Book 71, Page 131, as follows, to wit: BEGINNING at a point in the centerline of Wolfs Bridge Road (T-508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or formerly of Walter and lands now or formerly of Emey, North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degree 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr. North 10 degrees 50 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: 1)North 08 degrees 10 minutes 35 seconds East 376.90 feet: 2) a curve to the right with a radius of 700,00 feet, delta of 10 degrees 49 minutes 46 seconds, arc of 132.31 feet, chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East: 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGINNING. Containing a gross area of 17.222 acres. Being known AS 229 Wolfs Bridge Road File 4 : 108709 JabtJ / 014-, e hereby states that he/she is JA Vlce 1O1eJ'-V-!r-"of fLqIe1rN- 445'a4- mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. See. 4904 relating to unworn falsification to authorities. DATE: J HN P. MAR CKI n ? o a w J :... w V , t., ?.a ;?a 9 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE, SUITE 200 TROY, MI 48098 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SHIRLEY A. ESER Defendant(s). CIVIL DIVISION NO. 2005-884-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SHIRLEY A. ESER, Defendant(s) for failure to file an Answer to Plaintiffs 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 Interest from 2/15/05 to 3/31/05 TOTAL $147,895.25 $957.15 $148,852.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. A441',Qp (s. tea DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICAT D. DATE: k4 (&Q 2 1 . PRO PROTHY SHERIFF'S RETURN - REGULAR CASE NO: 2005-00884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGSTAR BANK VS ESER SHIRLEY A HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ESER SHIRLEY A the DEFENDANT at 1635:00 HOURS, on the 18th day of February , 2005 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to SHIRLEY A ESER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 , Service .00 Affidavit 00 Surcharge 10.00 R. Thomas Kline .00 28.00 02/18/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this day of Deputy eriff A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE, SUITE 200 Plaintiff, v. SHIRLEY A. ESER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-884-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he 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 its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SHIRLEY A. ESER is over 18 years of age and resides at 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, E 'QUIRE Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situato in Middlesex Township, Cumberland County, Pennsylvania described as follows: BEGINNING at a point in the centerline of Wolfs Bridge [toad (T-508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or formerly of Walter and lands now or formerly of Briley, North 87 degrees 42 minutes 55 seconds East 726.62 foot to a set iron pin; thence along lands now or formerly of Had W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degrees 42 minutes 55 seconds West 1024,00 feet to a set iron pits; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr. North 10 degrees 50 minutes 06 seconds East 14550 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 31150 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: l) North 08 degrees t0 minutes 35 seconds East 376.90 feet 2) a curve to the tight with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, are of 132.31 feet chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East 3) North 18 degrees 35 minutes 00 seconds East 30297 feet to a point, the place of BEGINNING. TITLE TO SAID PREMSIES JS 3 M M IN Shirley A. Eser, single woman by Deed from Farmers Trust Company, Exautor of the Estate of Nora M. Escr, dated 9-27-96 and recorded 9- 27-96 in Deed Book 146, Page 660. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: # 21-07-0467-001 ? ? 0 J ?? ?_? s, _ _ ? ? ?-' ? ? =,_ ?,, :i'1 C, 1 ?' fV (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE, SUITE 200 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SHIRLEY A. ESER Defendant(s). CIVIL DIVISION NO. 2005-884-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . B: DEPUTY If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA., PA 19103-1814 (215) 563-7000 "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 AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FLAGSTAR BANK, FSB Plaintiff, V. No. 2005-884-CIVIL TERM SRIRLEY A. ESER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/31/05 to SEPTEMBER 7, 2005 (per diem -$24,47) TOTAL $148,852.40 $3,915.20 and Costs $152,767.60 &-.id G.. DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative the plaintiff at the Sheriff's Sale. The sale must be postponed stayed in the event that a representative of the plaintiff is not present at the sale. of or to ? a z ?a U ? {/may V v? H U cn w 7 rAa w Q w cn Q v^ w? o? d Ho ?w w O a? w `RI O 0 Ln in t M O C- a w r v 6 a a co o _d N Y ? .d . w d G7 y Q N U1 J. LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania described as follows: BEGINNING at a point in the centerline of Wolfs Bridge Road (17-508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or formerly of Walter and lands now or formerly of Emey, North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degrees 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr, North 10 degrees 50 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: 1) North 08 degrees 10 minutes 35 seconds East 376.90 feet 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, an of 132.31 feet chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East 3) North 18 degrees 35 minutes 00 seconds Fast 30197 feet to a point, the place of BEGINNING. TITLE TO SAID PREMSIES fS VESTED IN Shirley A. Eser, single woman by Deed from Farmers Trust Company, Executor of the Estate of Nora M. Eser, dated 9-27-96 and recorded 9- 27-96 in Deed Book 146, Page 660. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: # 21-07-0467-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-884 Civil COUNTY OF CUMBERLAND) CIVIL ACTION- LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK, FSB, Plaintiff (s) From SHIRLEY A ESER (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 $148,852.40 L.L. $.50 Interest FROM 3/31/05 TO 9/7/05 (PER DIEM - $24.47) - $3,915.20 AND COSTS Arty's Comm % Due Prothy $1.00 Atty Paid $110.00 Other Costs Plaintiff Paid Date: APRIL 4, 2005 CURTIS R. LONG Prothonot? (Seal)y; fi(/1 p?Q /Jf Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center MAR-31-2005 09:44:00 Military Status Report Pursuant to the Servicemen's Civil Relief Act of 2003 -+4Last Name First Middle Begin Date Active Duty Status Service/Agency ESER SHIRLEY A. Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Robert J. Brandewie, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please fax your response to 703-696-4156 or call 703-696-6762 and further research will be done. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non- match. https://www.dmde.osd.mil/udpdri/owa/sscra.prc_Select 3/31/2005 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. SHIRLEY A. ESER CIVIL DIVISION NO. 2005-884-CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?rtiuzP G .8.c?...u.ea DANIEL G. SCHMIEG, LFSQUIRE Attorney for Plaintiff N 1'? ''--' `i i ??? ' _ 1 -- ' -- - ?, ' F` _ i ? i'J , . s FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Defendant(s). NO. 2005-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 229 WOLFS_ BRIDGE ROAD, CARLISLE PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: None 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DRIVE, SUITE 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. March 31. 2005 DATE DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY No. 2005-884-CIVIL TERM March 31, 2005 TO: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 *"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 AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $148,852.40 obtained by FLAGSTAR BANK, FSB (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania described as follows: BEGINNING at a point in the centerline of Wolfs Bridge Road (T-508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or formerly of Walter and lands now or formerly of Emey, North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degrees 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr. North 10 degrees 50 minutes 06 seconds East 14550 feet to an existing iron pit; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: 1) North 08 degrees 10 minutes 35 seconds East 376.90 feet 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, are of 132.31 feet chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGINNING. TITLE TO SAID PREMSIES 15 VESTE:D IN Shirley A. Eser, single woman by Bead from Farmers Trust Company, Executor of the Estate of Nora M. Eser, dated 9-27-96 and recorded 9- 27-96 in Deed Book 146, Page 660, PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: # 21-07-0467-001 r-? C ) ? T':i _ c : ,, . _? ?? ??-' = \_ Tf t ?U SHERIFF'S RETURN - REGULAR CASE NO: 2005-00884 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FLAGSTAR BANK FSB VS ESER SHIRLEY A HAROLD WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn accordin says, the within COMPLAINT - MORT FORE was served upon ESER SHIRLEY A DEFENDANT , at 1635:00 HOURS, on the 18th day of at ERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE CARLISLE, PA 17013 SHIRLEY A ESER by handing to a true and attested copy of COMPLAINT - MORT FORE and at the same time directing Her attention to the contents to law, 2005 with Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 .00.. r.?zP 10.00 R. Thomas Kline .00 28.00 02/18/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: me this day of?V?tcY? b?? -d' I A.D. Prothonotary L=? ty PLAINTIFF DEFENDANT(S) I AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PJT FLAGSTAR BANK, FSB SMRI,EY A. ESER SERVE SBIRLEY A. ESER AT 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 No. 2005-884-CIVIL TERM ACCT. #981147700 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 7, 2005 C SERVED Served and made known to J i y- I Q , F5 Defendant, on the /7- I9 day of r' I 200 at 7;;z7 o'clock f.m., at a a 1 ?` 1, 51 4!- Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is_ -Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendaut(s)'s office or usual place of business. an officer of said Defendam(s)'s company. Other: Descri lion: Age Height s6 Weight A06 Race W ? Sex F Other 5°6-%5cp I, r v w e t ?, ?, a competent adult, being duly sworn according to law, depose and state that I personally handed a true d correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the ad ess indicated above. ENOMMENEEMMMME and subscribed :,ts ?' dam zoo --->. By: ASE ATTEMPT SERVICE AT LEA NOTSERVED On the day of I st 3rd Swomj o and subscribed before me this day of 200 Unknown an* caimb Nov. 4W & TIMES OF SERVICE ATTEMPTED. 200_, at o'clock - m, Defendant NOT FOUND because: No Answer Vacant Time: 2nd Attempt: Time: Time: By. Schmieg, Esquire - I.D. No. 62205 j ?? ? ?s -.?i'P1 =i_ t ' ? t s... ,? f't'i - _ =? IV r. yt N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FLAGSTAR BANK, VS. SHIRLEY A. ESER CIVIL ACTION CIVIL DIVISION NO. 2005-884-CIVIL AFFIDAVIT OF SERVICE PURSUANT'CO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for FLAGSTAR BANK, FSB hereby verify that on 4/12/05 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 2, 2005 DANIEL G. Attorney for FLAGSTAR BANK, FSB V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS SHIRLEY A. ESER CIVIL DIVISION Defendant(s). NO.. 2005-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its ,attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 229 WOLF'S BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY A. ESER 229 WOLFS ]BRIDGE ROAD CARLISLE, ]PA 17013 2. Name and address of Defendant(s) in the judgment: None 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DRIVE, SUITE 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the bes, o ['my personal knowledge or information and belief. I understand that false statements herein are in i.),. sibject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. March 31, 2005 DATE 2.i S•, Jlk-1?4? DANIEL G. SCIQvHEG, ESQUIRE Attorney for Plaintiff n' ?, p w m ?o S g $ ? rC m; 1 0 n^ 3 0 ?d 8n d!R2 w Q?QO O [?7 c??FO r?sas $>; n gg a. dd mtiwa a E ?IZ z i C M n 3 a z N CC C ?R r z ? e ? a O ? n !i t n ` n ? w ? N a trn N ,T 'O x r ro 0 O O ? t%-f O b ? ?a 9 r a 0 w ro O O rn J H r 0 n C) C) 0 x z r ts7 ro 9 J O W fD .ti--'pro w '.T1n? no w `? C C ? c. F _ fin, ti r ?~ r b o `.b y 4ePOSTp .ec ?01 ??Q3 P AP 1 10 pAAIL?fl FROMNNZtP GODS i ?% 11 ? ? ?u' ?' ?, 2 z' ? i' ?? r ? ? :.c Flagstar Bank, FSB VS Shirley A. Eser The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-884 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2005 at 5:26 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Shirley A. Eser, by making known unto Shirley Eser, personally, at 229 Wolfs Bridge Road, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2005 at 5:15 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shirley A. Eser, located at 229 Wolfs Bridge Road, Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Shirley A. Eser, by regular mail to her last known address of 229 Wolfs Bridge Road, Carlisle, PA 17013. This letter was mailed under the date of July 01, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 17.42 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 7.70 Certified Mail 4.15 Levy 15.00 Surcharge 20.00 Postpone Sale 20A0 Law Journal 407.00 Patriot News 317.36 Share of Bills 18.20 $888.33 Sworn and subscribed to before me This -Mday of 2005, A.D. Prothonot b 5 (, Po' So Answers R. Thomas Kline, heriff By?p_ Real Estate -U-AL r r FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SHIRLEY A. ESER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-884-CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: None 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained„ please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DRIVE, SUITE 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. March 31, 2005 DATE DANIEL G. SCHMIEG IRE Attorney for Plaintiff FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY No. 2005-884-CIVIL TERM March 31, 2005 TO: SHIPLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, 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 229 WOLFS BRIDGE ROAD, CARLISLE PA 17013, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $148,852.40 obtained by FLAGSTAR BANK, FSB (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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 Courtto 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania desenbed as follows: BEGINNING at a point in the centerline of Wolf's Bridge Road (17-508); thence through Wolf's Bridge Road and passing through a set iron pin and the line of lands now or formerly of Walter and lands now or formerly of Erney, North 87 degrees 42 minutes 55 seconds Last 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degrees 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pits; thence akmg lands now or formerly of William Nailor, Jr. North 10 degrees 50 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a paint in the centerline of Wolf's Bridge Road; thence along the same the following three courses: 1) North 08 degrees 10 minutes 35 seconds East 376.90 feet 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, arc of 132.31 feet chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGINNING. 'TITLE TO SAID FEEMSIES 1S VESTED IN Shirley A. Eser, single woman by Deed from Farmers Trust Company, Executor of the Estate of Nora M. Eser, slated 9-27-96 and recorded 9- 27-96 in Deed Book 146, Page 660. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: 9 21-07-0467-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-884 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK, FSB, Plaintiff (s) From SHIRLEY A ESER (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 $148,852.40 L.L. $.50 Interest FROM 3/31/05 TO 9/7/05 (PER DIEM - $24.47) - $3,915.20 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $110.00 Other Costs Plaintiff Paid Date: APRIL 4, 2005 CURTIS R. LONG Prothonota (Seat) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBRUBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #17 On May 05, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 229 Wolfs Bridge Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 05, 2005 By: J ocio ? Real Estate Deputy 0 J 'i. V 1' L 6 V }vU? O? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Misce11 neous Book "M", Volume 14, Page 317. n PUBLICATION COPY SALE #17 Sworn to and suTpscri d before me is 16th day of O,?C NOTAkY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 r 44 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 317.36 REAL ESTATE SALE No.17 Wrh No. 2006-M ClvllTerm Ftagstar Bank, FSB vs Shlttey A. Eser Atty: OanlW Schmleg DESCRIPTION ALL THAT CERTAIN tract of land situate is Niddlesex Township, Cumberland County, Pesssyl-vama dcsaihed as follows: BEGINNING at a point in the cenrrafit a of Wolfs Bridge Rod (T--508); (hence through Wolfs Bridge Road and Pawn through a set into pis and the line of lands now or formerly of Walter and lands now m formerly of fancy, North 87 degrees 42 minutes 55 seconds Eau 726.62 feet to a set nton pin; ftme along lands now a formerly of Esd W. Myers ao lauds now or formerly of Eagles Aerie 1299, South 01 degrees 42 minutes 55 seconds West 1024.00 feet m a set icon pin; thence along lob now or formerly of leasie B. Campbell, North 86 degrees 16 minutes 30 secoads West 592.70 feet to a set iron plo; thence d* hutch now or fdtmedy of Wfthma Nador, Jr. North 10 degmav 50 mimes 06 eaosds East 145.5D feet to an existing into pin; thence eandw* orb{ ie sre ad Pon *N* a set ism On Nadi 95 dWm 32 a- 31 armada West 312.50 -feat to a poet is the aete?eofai?s lti?aRaak iexeabjlhe same the following three courses: 1) North 03 degrees 10 minutes 35 seconds East 376.90 fed; 2) 4 curve to the r* with a radius of 70D.00 fat, delta of 10 degrast49 minutes 46 seconds, are of 132.31 feet chord and chord bearing of 132.11 for[, North 13 degrees 10 minutes 07 seconds East; 3) North 18 degrees 35 minutes 00 aaonds East 302.97 feet to a food, the place of BEGINNING. TITLE TO SAID PREMISES is vested in Shirley A. I= single woman,. by Deed from Farmers Trust Company, Rwator of the Estate of Nom M Eva, dated 927/96 and recorded 9/27/96 in Iked Back 146, Page 660. PROPERTY ADDRESS: 229 Wolfs Bridge Road, Carlisle, PA 17013. TAR PARCEL st21-07-W7-001. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, July 15, 22, 29, 2005 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. Coyne, SWORN TO AND SUBSCRIBED before me this 29 day of July. 2005 LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 17 Writ No. 2005-884 Civil Flagstar Bank, FSB VS. Shirley A. Eser Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County Pennsylvania described as follows. BEING at a point in the centerline of Wolfs Bridge Road (T-508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or for- merly of Walter and lands now or formerly of Emey, North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 de- grees 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Natlor, Jr. North 10 de- grees 50 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses; 1) North 08 degrees 10 minutes 35 seconds East 376.90 feet 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, are of 132.31 feet chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGIN- NING. TITLE TO SAID PREMISES IS VESTED IN Shirley A. Eser, single woman by Deed from Farmers Trust Company, Executor of the Estate of Nora M. Eser, dated 9-27-96 and recorded 9 27-96 in Deed Book 146, Page 660. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. TAX PARCEL: #21-07-0467-001. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 FLAGSTAR BANK, FSB Plaintiff, V. No. 2005-884-CIVIL TERM SHIRLEY A. ESER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $148,852.40 Interest from 3/31/05 to DECEMBER 6, 2006 $15,049.05 and Costs (per diem -$24.47) TOTAL $163,901.45 Aamij U, L ' 2 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. d OQ da a? zz a oz 00 V ?z o? r L: ra-. cc? ; _ f C.D Lid ca is , w w W a x O H a W a O w an O o w a w a. 0 M 0 r a w a d V d O W A ova rn a 3 N v 3 10 ri r O r'_ _ C,1 ca, 'o I 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-884 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK, FSB, Plaintiff (s) From SHIRLEY A. ESER (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 $148,852.40 L.L. Interest FROM 3/31/05 TO 12/6/06 (PER DIEM - $24.47) -- $15,049.05 AND COSTS Atty's Comm % Atty Paid $1,010.83 Plaintiff Paid Date: AUGUST 30, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $1.00 Other Costs CURTIS 11. LONG Prothonotary By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, FSB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION SHIRLEY A. ESER NO. 2005-884-CIVIL TERM Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, "ESQUIRE Attorney for Plaintiff 0 0 ? _ -n C m `T_t - C, i y , FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SHIRLEY A. ESER Last Known Address (if address cannot be reasonably ascertained, please indicate) 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMUNITY BANKS 201 SAINT JOHNS CHURCH RD CAMP HILL, PA 17011-4048 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DR., STE. 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. August 28, 2006 '041M?Qv M. Adym??) DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 0 a-J <(Y 1 . CD rr, FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY No. 2005-884-CIVIL TERM August 28, 2006 TO: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $148,852.40 obtained by FLAGSTAR BANK, FSB (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 Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled 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. 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. -14 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of hutd situate m Middlesex Township, Cumberland County, Pennsyiwaia, docrs"beid as Bellows: BEOPU 0 at a point in the centerline of Wolfs Bridge Road (r-50U ft m through Wolfs Bridge Road and passing through a set um pin and the line of lainda now or formerly of Walter and lands new or formerly of Erney, North 87 degrees 42 >zt notes 55 smonds Bast 726.62 feet to a sat hors pirc, %enc a along lands now or formerly of Earl W. Myers and lands now or forawly of Eagles Aerie 1299, Swath 01 deVves 42 minutes 55 ids West 1,024.00 feet to a set iron pin; theme along lands now or formerly of Jessie B. Campbell, North Std degrees 16 n mites 30_ seconds Nest 592.70 feet to a set iron pin; thence along lands now or formerly of William N$ilor, Jr. North 10 degrees 50 minutes 06 seconds Bast 145501'pet to as tag ken. pin; thence continuing along the saute and passing through a act iron pin North 85 degrees 32 minutes 31 amends `Nest 312.50 felt to a point. in the cent rrlinc of Wolfs Bridge Road; theme along the saute the following sheet: courses: l) North 08 de rees910 minutes 35 seconds Best 376-90 feet 2) a curve to the right with a radius of 70090 fuss, delta of 10 degrees 49 mnYetces 46 seconds, we of 132.31 fact chord and chord bearing of 132.11 feet, North 13 de firms 10 mimacs 07 seconds Bast 3) North 18 degrees 35 minutes 00 seconds Fast 3012.97 feet to a point; the place of BEGINNING. STD SAID El IES IS VFMD IN Shidey A. Esers single woman by Decd f tom Fa rners Trust Comppany, Executor of ft Estate ofNora ht Em, dated 9?-27-96 and recorded 9- 27-96 in Deed Book 146, gage 660.. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: # 21-07-0467-001 r :n C3 ct AFFIDAVIT OF SERVICE PLAINTIFF FLAGSTAR BANK, FSB DEFENDANT(S) SHIRLEY A. ESER SERVE: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY CQS No. 2005-884-CIVIL TERM q ACCT. #981147700 PHS* 01o l Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to A, P I r W E5e/` , Defendant, on the /S4- day of sP Pa ems. ber- 200 1 .2 at f o'clock ,.m., at 2 2 ° ?g I`? dye ?d Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 3S t(S` Height 5`)711 weight /&0 Race LJ Sex ? Other I, L,,?A Bober- S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sw to and subscribed bef re i -a rd Zy 200 Et 0 -By: EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. c 16, NOT SERVED v' 1 ?.,..:: are On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of ,200 _. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2nd Attempt: Time: OZ9 r- z r.._ - raw, u? •?-! t? -- CIO °? AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DEFENDANT(S) CORY L. SHOTZBERGER BARBARA A. BAER SERVE CORY L. SHOTZBERGER AT 137 SOUTH ENOLA DRIVE ENOLA, PA 17025 #496 CUMBERLAND COUNTY No. 05-1687 CIVIL TERM ACCT. #26130825 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 6, 2006 SERVED Served and made known to 60 r Y G . S?t o +Z btC2e r, Defendant, on the l (Y day oQ f4J / • 204, at 5- O ry , o'clock -m., at _t 37 .50cufyl r o (4 Dr. Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is (N 1 e Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Descri tion: Age Z Height S it ti Weight / 6 6 Race L--) Sex P Other I, - Q d- &berff a competent adult, being duly swom according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. S)CA,?' 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED i;'i1r116 On %, 2008 200 Comm+ss+? IC a _, at Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 1200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - T.D. No. 62205 o'clock _.m., Defendant NOT FOUND because: Vacant 2nd Attempt: / / Time: F M 1 PLAINTIFF DEFENDANT(S) #496 CUMBERLAND COUNTY No. 05-1687 CIVIL TERM ACCT. #26130825 Type of Action SERVE BARBARA A. BAER AT - Notice of Sheriffs Sale 28 MALLARD COURT MECHANICSBURG, PA 17055 Sale Date: DECEMBER 6, 2006 SERVED / Served and made known to _?CL(` 6czC9 X 2 G ef^ , Defendant, on the day of 1u94C Sy` , 2001 , at , o'clock e_.m., at 2$ ? A G 0 G /' d C O L f k Commonwealth of Pennsylvania, in the manner described below: / t? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age __??Ao Height E!EV Weight I K0 Race ,! Sex F Other I, ?) G u,'6 RO b Vr-f J a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. AFFIDAVIT OF SERVICE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CORY L. SHOTZBERGER BARBARA A. BAER T? By: ? s - SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Commission cxp,res Jung 16, 2008 On the day of NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1 s` Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of 200 Notary: By: Vacant 2°d Attempt: Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 .+? L_ ?: r-?? c`..7 4 } : .. ?? . ._. ? { S..'1 r-? "'?'? ?'r, ?? - ?.? ? -!? _ t +?y ? ?. SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, FSB VS. SHIRLEY A. ESER No.: 05-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUIE Attorney for Plaintiff November 14, 2006 FLAGSTAR BANK, FSB Plaintiff, . V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-884-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMUNITY BANKS 201 SAINT JOHNS CHURCH RD CAMP HILL, PA 170114048 JAMES C. COSTOPOULOS 10 COURTHOUSE AVENUE, SUITE 103 CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY Last Known Address (if address cannot be reasonably ascertained, please indicate) 3401 HARTZDALE DR., STE.126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM Last Known Address (if address cannot be reasonably ascertained, please indicate) 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 61" FLOOR, STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105-8486 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. Sec. 4904 relating to unsworn falsification to authorities. November 14, 2006 DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff x ? w as 00 -a r ? I? 1 Q s w M V r.e alit Al 8 a 2?1 n ? ? nom" Y ?• cA t tb 9 ? O cn ? SS ? VV? x p` 9 w a ? r 7' t?A ?r1 a ? .r+ O ? s o?$ 2QQ6 :000421801Q ?Uogt* tStQ? Mp,I?eQ fR SIP A z r ? a N .r ? ? ? W ?z ci a „ tD c W ?. r?e?? ?r?d NoC-,?rOron w ?? A ?d ?+'"]cC??? w `d ° wed O ?~ YO >' 7z '? •? tr1 to i b? ?y? O w ° tdd N r? ???? ?n C 0 A ,b zg ??s?¢ w wqq ? ?, 0+. O C o'? °a N Qua. 2255 N w_ ?d r fi ? 01.26 2 0004218010 NO'4 07 2006 M,UED FROM ZIP GODS 19103 n-a _ Gn a C) Flagstar Bank, FSB VS Shirley A. Eser In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-884 Civil Term Cpl Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on September 26, 2006 at 1734 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Shirley A. Eser by making known unto Shirley A. Eser personally, at 229 Wolfs Bridge Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 2058 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shirley A. Eser located at 229 Wolfs Bridge Rd., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Shirley A. Eser, by regular mail to her last known address of 229 Wolfs Bridge Road, Carlisle, PA 17013. This letter was mailed under the date of October 10, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per verbal instructions from Jody Conrad, representative for Attorney Daniel Schmieg, on January 10, 2007. Sheriff s Costs: Docketing 30.00 Poundage 17.00 Posting Bills 15.00 Advertising 15.00 Certified Mail 3.52 Prothonotary 1.00 Mileage 8.80 Levy 15.00 Surcharge 20.00 Law Journal 389.00 Patriot News 316.97 Share of Bills 15.94 Postpone Sale 20.00 $ 867.23 ?/'S?b So e R. Thomas Kline, Sheriff BYJG" Q L A. -? Ak L4 Real Estate ergeant ?I 1 f ' FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). W CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name SHIRLEY A. ESER Last Known Address (if address cannot be reasonably ascertained, please indicate) 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMUNITY BANKS 201 SAINT JOHNS CHURCH RD CAMP HILL, PA 17011-4048 f 4. Name and address of last recorded holder of everyy mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DR., STE. 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. August 28, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff b fi :ZI d I E 9nV 4OOZ FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY No. 2005-884-CIVIL TERM August 28, 2006 TO: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 "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 BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, 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, 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $148,852.40 obtained by FLAGSTAR BANK, FSB (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 Sheriffs Sale, you must take immediate action: The sale will be cancelled 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. 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION M-L TH&T CMTAIN trwA ofland sitow in Middlesex Townsbip, Cumberland County, Fenosyhronia duoibe l as fell; BEGI OW0 at a paint is the centerline, of Wolfs Bodge Road ('17-508); dmos tr*UO Wolfs Fridge Read and passing through a set iron pin and 0* liue of lauds now or formcdy orWalter and lands now or fmaerly of Emcy, North 87 degrees 42 mittuW 55 seconds Had 725.62 feet to sad ism pia; tlum along lands now or formerly of Fart W. Myers and lauds nowr or armarly of Eagles Acde 1299, South 01 degrees 42 mutates 55 ids West 1024.00 feet to a at hvn pin; theme along lands now or formerly of Jessie B. Cv pbell, Naatb 86 degrees 16 minutea 30. saw& West 592.70 feet to a at km 04 thence along bads now or formerly of William Ntu'ior, It. North 10 degrcw 50 na>uubes 06 seconds Bast 14550 fiat to on eansting lava pin; thence continuing aloft the saute and passing through a set irm pun North 85 degrees 32 minutes 31 seconds Wrest 312.30 feet to a' tin the centalinc of Walf's Bridge Real thewe along the same the fallowing tuft courses: l) North 08 degrees 10 =how 35 seconds East 376.90 feet 2) a carve to the ri& with a radius of700 00 fit, delta of 10 degrees 49 minutes 46 $w nds, on of 132.31 fed abord and dkmd bearing of 132.1 feet, North. 13 depm 10 mbwtn 07 s East 3) North 18 degrees 35 mint u ADO seconds East 302517 feet to a poinh The place of BEGMMNG. Tnu ig mm Eumm is VEmp IAi Shirley & Eaer, single w+aman by Reed from Farmers Trust Company, Ex«sotar of the Estate om*ta M.1 ! dated 9-27-% and memded 9- 27-96 ie. Did Book 146, Page 6W. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: # 21-07-0467-001 WRIT OF EXECUTION and/or ATTACHMENT t COMMONWEALTH OF PENNSYLVANIA) NO 05-884 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK, FSB, Plaintiff (s) From SHIRLEY A. ESER (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 $148,852.40 L.L. Interest FROM 3/31/05 TO 12/6/06 (PER DIEM - $24.47) - $15,049.05 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1,010.83 Plaintiff Paid Date: AUGUST 30, 2006 Other Costs ? " ?- CURT .LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 b ? =Zl d 11 9nV 9091 ?gd 'a,lE:k i1 , 4 j- 11 ??i ?f S -111+-1_ Ao loijq Real Estate Sale # 69 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 229 Wolfs Bridge Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. ° Date: September 11, 2006 By. jo Real Esta Sergeant THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE #69 .............. 1.............................. 'V/ ?-_ __ > Sworn to and b d before me this 15th day of N cOMMONW EA! TH WN§2-M Notariai Seal Terry L. Russell, Notary Public City Of Harri sb v^Dauphin ' e 2010 pones vania A :.oci n of Notaries Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, `viz: October 20, October 27 and November 3, 2006 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. Li a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NUTARIAL SEAL V - LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 69 Writ No. 2005-884 Civil Flagstar Bank, FSB VS. Shirley A. Eser Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania described as follows: BEGINNING at a point in the centerline of Wolfs Bridge Road (T- 508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or for- merly of Walter and lands now or formerly of Erney, North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 de- grees 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr. North 10 de- grees 50 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: 1) North 08 degrees 10 minutes 35 seconds East 376.90 feet 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, arc of 132.31 feet chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGIN- NING. TITLE TO SAID PREMISES IS VESTED IN Shirley A. Eser, single woman by Deed from Farmers Trust Company, Executor of the Estate of Nora M. Eser, dated 9-27-96 and recorded 9-27-96 in Deed Book 146, Page 660. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. TAX PARCEL: # 21-07-0467-001. PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 FLAGSTAR BANK, FSB Plaintiff, V. . No. 05-884-CIVIL TERM SHIRLEY A. ESER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add' I cost Interest from 03/31/05 to JUNE 13, 2007 (per diem -$24.47) TOTAL $148,852.40 $19,673.88 and Costs $175,248.28 MNIELW SCHMIEG, E UIRE One Penn Center at Sub Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. Od ?> W ? z ow ?a OH Uz Qa U ?Z O? U? U O U w d VH1 w w w d W w? o D 0 0 U a M D t'a w a U W -o i a N ? En w CL i ! 4 1 Q M c i 3 . 11?3 %. Y b 3 U a G LEGAL DESCRIPTION ALL TKAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania de mied as follows: DEGR4NII G at a point in the centerline of Wolfs Bridge Road (F-508); tlmee tli ugh Wolf's Bridge Road and passing through a set iron pin and the line of land's now or fomerly of Walter and lands now or formerly of Prney, North 87 degrees 42 minutes 55 seconds FAA 726.62 feet to a set iron pint; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degrees 42 minutes 55 suds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jmie B. Campbell, North 96 degrees 16 minutes 30. seconds West 592.70 feet to a set iron pint; thence along lands now or formerly of William Nailor, Jr, North 10 degrees 50 minutes 06 seconds East 145.50 fit to an costing itua pin; thence continuing along the sme and passing through a set iron pin. North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: 1) North 08 degrees 10 minutes 35 seconds East 376.90 feet 2) a cave to the right with a radius of 7,00.00 feet, delta of 14 degrees 49 minutes 46 seconds, are of 132.31 fief chord an chord bearing of 132,11 feet, North 13 degrees 10 mbmtes 07 soconds East 3) North 18 degrees 35 minutes 00 seconds East 30297 feet to a point, the plow of BEGINNING. TIT X Tt} M EUMs= j II*P Shirley A. Eser, she woman by Deed from Partners Trust Company, Executor of the Estate of Non K Eser, dated 9-27-96 =d recorded 9- 27-96 in. Deed Book 146, page 660. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: # 21-07-0467-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-884 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK, FSB, Plaintiff (s) From SHIRLEY A. ESER (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 $148,852.40 L.L. Interest FROM 3/31/05 TO 6/13/07 (PER DIEM - $24.47) -- $19,673.88 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1,893.06 Other Costs Plaintiff Paid Date: MARCH 14, 2007 _ Curtis R. Long, (Seal) Q By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SHIRLEY A. ESER Debtor(s) CHARLES J. DeHART, III, TRUSTEE, Objectant VS. YORK WASTE DISPOSAL Claimant CHAPTER 13 CASE NO.: 1-05-bk-05924 OBJECTION TO CLAIM ORDER AND NOW, at Harrisburg, Pennsylvania, in said District, upon consideration of the Trustee's Objection to Claim No. 4 of York Waste Disposal, and following Notice to Claimant Re Filing of Objection to Claim allowing an opportunity to respond, no response having been filed, it is hereby ORDERED that Claim No. 4 of York Waste Disposal shall be disallowed and dismissed. By the Court, Dated: March 8, 2007 / '/I- 'dom., , - lilt ' J edge (CIP This document is electronically signed and filed on the same date. PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-884-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. AANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff n C°ti ?. ` Y. -r ,, B t..? ? ,4. ; - % - .? r ' ' } " ? . . r '" ? ' „ ?.i ?? _ - ?'C`e .?'".`., _ - . ! ?.....1 .?4?.. ?.s FLAGSTAR BANK, FSB . CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS SHIRLEY A. ESER CIVIL DIVISION Defendant(s). NO. 05-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMUNITY BANKS JAMES C. COSTOPOULOS 201 SAINT JOHNS CHURCH RD CAMP HILL, PA 17011-4048 10 COURTHOUSE AVENUE, SUITE 103 CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DRIVE, STE 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURRAY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 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. Sec. 4904 relating to unworn falsification to authorities. March 13, 2007 DATE DANIEL G. SCHMIEG 0 SQUIRE Attorney for Plaintiff ?.,,, ?'?' ; -?' -- -rt ?.- ?;. ? ?' t ...::? t ?? r ?,. " E f - 1 ? ^?"Ta ?1?? 'i ? - ? ? . "".`4 t'LAG ?- 7AR BANK, FSB Plaintiff, `a' SIIIRt_F'Y A. ESER Defendant(s). CUMBERLAND COUNTY No. 05-884-CIVIL TERM March 13, 2007 TO: ? i1:1 RL,EY A. ESER WOLFS BRIDGE ROAD A R1,1SLE, PA 17013 ' r ,' -5 FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION Obi t 1, BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN t 'f ' r' ; a ND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE C )LLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ?List' (real estate) at, 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, is v tI.'c°ai tn sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County oLith Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $148,852.40 obui"l,,.J LAGSTAR BANK, FSB (the mortgagee) against you. In the event the sale is continued, i? ttit will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS "'t::?? 4A ABLE TO PREVENT THIS SHERIFF'S SALE .-ent this Sheriff s Sale, you must take immediate action: Tlie sale will be cancelled if you pay to the mortgagee the back payments, late charges, -osts and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 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 Sheriffs 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT c> TAIN tt of I=d mtuft in Mid Townbip, Cumberland Cbmty. Pemmemia daasa'W a foum": I1`UMG at a paint in the cm*whw of Wolfs Brick Rood (T-508X d M0 *WO WOM Bride Rced and passing dwough a set inm pan and t* iii ofhn6 mw or f Qr ? of Walkr and lords naw or f ly of PAW, Notih 87 &Vws 42 mbwka 33 smonck l 726.62 fed to a m i"m pin; benm along I= & Amer fom=ly of W. Mym and Inds now or f surly of Eagles Aerie 1299, h 01 dam 42 mhu*s 33 mm& Wee 1024.00 ,foot to a wt iron pan; lbence along 1w& now or broadly of Ieie B. CaMbe% Nodh 96 dep=16 mieut m 30. seemdsWest 59170 feet too 4 wt iron din; ? along 1 now or fwmcrly otVird iam No lor, R. Dearth 10 dcgmea 30 routs 06 seconds Banat 115.50 fpct I* sm cdxdng ism pity theme - nondming along taw saw and passing thmo a st irm pin Xmih 85 de 32 mhmtes 31 seems West 312.50 feet to a plait. jn the c entcribm of Wolf's Bridge Road along tim smw the Mowing *zm courses: l) Mouth 08 degme s 10 minutes 35 seconds Fast 37&90 feet 2) a curve to do tight with, a radius of 700.00 feet, delta of 10 degrees 49 mimam 46 a ,ds, am of 132.31 fed ova and dwrd hewing of 132,11 f=4 North 13 dqpm 10 mhwtw 07 acconft East. 3) WMb 1$ degrees 35 mifluft Ott mconds Fast 30297 feet to a paint, to place ofBEUII NAG. Mix 10 = IS ?Fx?°i'11D IN 8hi&y A. Em, single wo mn by Deed fiam Far mm That may, I1000tcrr Of of NOM AC F.sm dmkd 9R-2.7- and mmdW 9- 27-96 in. Ded Book 146, Page . PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013 TAX PARCEL: # 21-07-0467-001 ._a C" l 1. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Flagstar Bank, FSB Court of Common Pleas vs. Shirley A. Eser Plaintiff : Civil Division : Cumberland County No. 2005-884 Civil Term Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, 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 February 16, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on April 4, 2005 in the amount of $148,852.40. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 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. A Sheriff s Sale of the mortgaged property at 229 Wolfs Bridge Road, Carlisle, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reasons: a) The Defendant filed a Chapter 13 Bankruptcy at docket number 05-05924 on September 6, 2005. Plaintiff obtained relief from the bankruptcy to proceed with foreclosure by order of court dated June 5, 2006. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 6. Additional sums have been incurred or expended on Defendant' 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 $140,072.51 Interest Through 06/13/07 26,529.42 Per Diem $33.10 Late Charges 1,442.50 Legal fees 2,525.00 Cost of Suit and Title 2,107.00 Sheriffs Sale Costs 1,755.56 Property Inspections 508.50 Appraisal/Brokers Price Opinion 85.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient. Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 3,837.84 TOTAL $1789863.33 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. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief I 0. 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 18, 2007 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 postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "D". 11. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date: helan Hallinan $chmieg, LLP By: j 1A Mich e M.-Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG-, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 21( 5) 563-7000 Flagstar Bank, FSB Plaintiff vs. Shirley A. Eser Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County : No. 2005-884 Civil Term MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant 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 229 Wolfs Bridge Road, Carlisle, PA 17013. The Mortgage indicates that in the event 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 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 Frust Co. of N.Y. vs. 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 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 mortgagors 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 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 Partnershp 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 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, Plaintiff s 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. VI. A'TTORNEY'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. Citicorp v. Morrisville 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. 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 germs 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:- ill elofi Phelan Hallinan & Schin , LLP By: Michele . Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE. 200 TROY, MI 48098 V. SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. ©s tut'L n CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against thT cWTOPWR C following pages, you must take action within twenty (20) days after this com^Ue served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service ` Cumberland County Bar Association `r"" PLEASE Fl'UN File ti: 108709 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 } C.>J r f rd ,a C -r? ?, r PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 Plaintiff V. SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 'YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, 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- Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Oje hereby COOdy h within to be aof the co; rect copy original filed of fecofcf File 4- 108709 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT,15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 108709 I . Plaintiff is FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 2. The name(s) and last known address(es) of the Defendant(s) are: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/31/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises :hereinafter described to MARYLAND FINANCIAL RESOURCES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in :Mortgage Book No. 1571, Page: 719. By Assignment of Mortgage recorded 9/21/99 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of :Mortgage Book No. 625, Page 540. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. file #: 108709 6. The following amounts are due on the mortgage: Principal Balance $141,166.88 Interest 4,892.10 07/01/2004 through 02/15/2005 (Per Diem $21.27) Attorney's Fees 1,250.00 Cumulative Late Charges 129.57 08/31/1999 to 02115/2005 Cost of Suit and Title Search $ 550.00 Subtotal $ 147,988.55 Escrow Credit - 93.30 Deficit 0.00 Subtotal $- 93.30 TOTAL $ 147,895.25 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 147,895.25, together with interest from 02/15/2005 at the rate of $21.27 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEGI LLP? . By: /Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #t: 108709 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, known as Lot I of the Final Subdivision/Lot Addition Plan and Survey for the Nora M. Eser Estate, prepared by Statler-Brehm Associates, Inc. dated February 1, 1996 revised February 14, 1996 and recorded in Cumberland County Plan Book 71, Page 131, as follows, to wit: BEGINNING at a point in the centerline of Wolfs Bridge Road (T-508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or formerly of Walter and lands now or formerly of Emey, North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degree 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr. North 10 degrees 50 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: 1)North 08 degrees 10 minutes 35 seconds East 376.90 feet: 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, arc of 132.31 feet, chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East: 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGINNING. Containing a gross area of 17.222 acres. Being known AS 229 Wolfs Bridge Road File #1: 108709 Jjt'a / JI '-Cxe hereby states that he/she is JA V/rQ l 64! rte'-of f LO,-eJr*- mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: T.. kO N P. MA RECKI SE VI CE P E EDENT Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN' CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE, SUITE 200 CUMBERLAND COUNTY TROY, MI 48098 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. , NO. 2005-884-CIVIL TERM SHIRLEY A. ESER Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SHIRLEY A. ESER, Defendant(s) for failure to file an Answer to Plaintiffs 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 $1471,895.25 Interest from 2/15/05 to 3/31/05 $957.15 TOTAL $1481,852.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. copy attached. DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: SHIRLEY A. ESER, Debtor CHAPTER l3 CASE NO: 1-05-bk-05924 MDF FLAGSTAR BANK, FSB, Movant V. SHIRLEY A. ESER, Respondent 11 U.S.C. §362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY 1Jpon Consideration of the Motion of FLAGSTAR BANK, FSB (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 1 I U.S.C. 362 is modified with respect to premises, 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further I ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and FLAGSTAR BANK, FSB may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the cI otu-t. Ban rup . Judge Dated: June 5, 2006 This document is electronically signed and filed on the same date. 2 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 .John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 18, 2007 Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 RE: Flagstar Bank, FSB vs. Shirley A. Eser Premises Address: 229 Wolfs Bridge Road, Carlisle, PA 17013 Cumberland County CCP, No. 2005-884 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 five days, by Monday, April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Ve ly our he . Brad rd, Esquire For Ph an Hallinan & Schmieg, LLP Enclosure r N r r ,p ? •e o cr • n o KW o a 'o G a? w ro ti 00 ?o r ro O_ 7 N n COj ?.J d O y a ? w 0 0 ? 7 o ? a? o 'o S h 6 •c3p ? O Q' ?•o c v+ O n ?• (Y ? y N P• C, N ?z oQ rji n r to OVA ?' J ? Q K ?d OO x 'sj rd C.., =? cD o G 'Z v? co a ?' r 0 0 ?. r* ?y Q o N ? O v' W b O W R tt? CD VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is 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 her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Ha in Ug, LLP DATE:- 41 (? 6 By; Mc e . Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Flagstar Bank, FSB Plaintiff vs. Shirley A. Eser Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division : Cumberland County No. 2005-884 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. Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 DATE: ?1e ofi Phelan Ha in . g, LLP By: Michele M. radford, squire Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF FLAGSTAR BANK, FSB DEFENDANT(S) SHIRLEY A. ESER SERVE SHIRLEY A. ESER AT 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY CQS No. 05-884-CIVIL TERM ACCT. #981147700 ? TypeofAction FH1'O$N 1 - Notice of Sheriff's Sale Sale Date: NNE 13, 2007 SERVED Served and made known to -<;h) lr'l2m SE'Y , Defendant, on the day of , Vl CV, 2007 '1= 5 ?p at _?y o'clock P.m., at d??q W OLD DRI D6 E? ?A?QL(SC? Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height f r' Weighta-51-0 Race W Sex Other klk b I MOLL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. subscribed o2? 2007 s ICIA E. HARRIS Exp m June 18, On the day of NOT SERVED 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown _ No Answer 1'' Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ?-u By: cgu4 VRVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Vacant 2nd Attempt: / / Time: CD r-- r '•.. {? r, - te y + +{ W * ? r f APR 8 7 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Flagstar Bank, FSB : Court of Common Pleas Plaintiff : Civil Division vs. : Cumberland County Shirley A. Eser : No. 2005-884 Civil Term Defendant RULE AND NOW, this 3v ?- day of c c 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Gam! t''?? vr!'? J 2fG i tlS- QJ der Rule Returnable 7, at - in thi., BY THE COURT, 0 1-0 7108709 "Y V," ki-Nn 6 E :1 ! WV f- I W LGQZ :JIHI JO PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Flagstar Bank, FSB Court of Common Pleas Plaintiff : Civil Division VS. Shirley A. Eser : Bucks County : No. 2005-884 Civil Term Defendant CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent to the following individuals on the date indicated below. Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 DATE: - 5?4 I Phelan Hallinan & c ieg, LLP yy is ele adf r , squire Attorney for Plaintiff ? G3 _;? d`f'? ?:. S i _. 1 i._ •_ `"+ ? 7 `? X . e . •? 4.1 "'? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Flagstar Bank, FSB Plaintiff vs. Shirley A. Eser Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2005-884 Civil Term MOTION TO MAKE RULE ABSOLUTE Flagstar Bank, FSB, by and through its attorney, Michele M. Bradford, Esquire, 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 April 26, 2007. 3. A Rule was entered by the Court on or about April 30, 2007 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 "A". 4. The Rule to Show Cause was timely served upon all parties on May 4, 2007, 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 "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. r? Date PHELAN HALLINAN & SCHMIEG, LLP ache e . Bradford, squire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Flagstar Bank, FSB Plaintiff vs. Shirley A. Eser Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2005-884 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 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 May 4, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. L HWB'radtor(A, CHMIEG, LLP ?\v4pr Date chele M. re Attorn ey for the Plaintiff Exhibit "A" APR E7 2007 it IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Flagstar Bank, FSB : Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Shirley A. Eser : No. 2005-884 Civil Term Defendant RULE AND NOW, this 3 o LL- day of 2007, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. W;4-ti ? ,j 1'-f d A y s o? fAe d A te- OP order Rule Returnable e > Penmyhw?a. BY THE COURT, TRUE COPY FROM RECORD 14 TO" MOW. I nee unto set nrr M #e SOW a said court at Cade, PC h -? v? 108709 Exhibit "B" C') N_ C O -? PHELAN HALLINAN & SCHNUEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Flagstar Bank, FSB Plaintiff vs. Shirley A. Eser Defendant ATTORNEY FOR PNTIFF w Court of Common Pleas Civil Division : Bucks County : No. 2005-884 Civil Term CERTIFICATION OF SERVICE 0 TI - T1 n -T3 F qrn I hereby certify that a true and correct copy of the , 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent W. . individuals on the date indicated below. 0 +?? ? • . Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 DATE: Phelap Hallinan & c ieg, LLP ty- c ele r squire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is 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 her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S l?. Date §4904 r5aMithele'M'. ' ation of authorities. , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEQ LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Flagstar Bank, FSB Plaintiff vs. Shirley A. Eser Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2005-884 Civil Term CERTIFICATION OF SERVICE 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 individuals on the date indicated below. Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 DATE: ts- ?s 1 R Phelan Hallman & Schmie LLP B Michele M. Bradford, Esquire Attorney for Plaintiff V 5 ? MAY 18 2007 v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Flagstar Bank, FSB : Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Shirley A. Eser No. 2005-884 Civil Term Defendants ORDER AND NOW, this 22Jday of M.;-? , 2007, 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 $140,072.51 Interest Through 06/13/07 26,529.42 Per Diem $33.10 Late Charges 1,442.50 Legal fees 2,525.00 Cost of Suit and Title 2,107.00 Sheriffs Sale Costs 1,755.56 Property Inspections 508.50 Appraisal/Brokers Price Opinion 85.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 s r'? 1: 11 r t ..? 7 `y113 L "IIu Z Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 06/13/07 through the date of sale at six percent per annum. 0.00 3,837.84 $178,863.33 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COUR' J. Mic le M. Bradford, Esquire ,'W elan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 108709 s SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FLAGSTAR BANK, FSB VS. SHIRLEY A. ESER No.: 05-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given 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 attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, E Attorney for Plaintiff May 23, 2007 s FLAGSTAR BANK, FSB Plaintiff, v. SHIRLEY A. ESER Defendant(s). CIVIL DIVISION NO. 05-884-CIVIL TERM Amended AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name COMMUNITY BANKS JAMES C. COSTOPOULOS COMMUNITY BANKS CUMBERLAND COUNTY COURT OF COMMON PLEAS Last Known Address (if address cannot be reasonably ascertained, please indicate) 201 SAINT JOHNS CHURCH RD CAMP HILL, PA 170114048 10 COURTHOUSE AVENUE, SUITE 103 CARLISLE, PA 17013 P.O. BOX 6280 HARRISBURG, PA 17112 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DRIVE, STE 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known 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 Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 COMMONWEALTH OF PENNSYLVANIA CH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURRAY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 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. Sec. 4904 relating to unsworn?alsification to authorities. May 23, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ch q rn oo o. °. r ° , ] f+ o ev rz ? ? s C) "0 aCi "°woCna?' b.n cn ao ,?C? b rn°d?,ar ?9p z 00 p0 pC? 75 ? p 9ca ^?, ?o rn p ?tTyy r?r,y ?o ?P* 70 IV) a a ? a OIL :,o?yz• G C? -,i G nxu'.Ctj"c 9???Gx2' x ° -y Y y °' a ? 9 G tss y 7c a u o' ? C7 G ',b? .fl m n '?' n ° tT3 N p to ts1 00 C a ?' C d d d n p 8 ° ro r? a O '? p ? x v r Cl- n z9 r r? ? o. r x O G ? . 4, C. O N 7 O< M r Y} ail si`s8 J p g% v G n r' o ° o g o > oho t? *C n ?p, ? a O ? ??t6EY 605NF5 . n 50 Y: o 02 1M $ 036a 7 $ y 000421801 0 w ' n -o. S MAILED FROM ZIPGODE 1910 0co v k S?o ?? n o r w N r ? .P o r r 00 Cr1 LA 0 1w f: w 10 .d k R A ro A no W? Ip .W p. .n r 5K ?9 H V 0 m ? ? 0 m3k"j?' to *° c ? N o G? b J N tip ?t o? ?? b r ? c " ? ?cl ? J 9? r ? p d "C M, g 6 , Vl 00 c: d rQ?- O n r 0 w ?11,010P03T"tt ?av-- 0 2 I m ??4 j 9+)03 • 000421g010 ZIPGO(7E MAILED f ROM - ?7 r- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Flagstar Bank, FSB Plaintiff VS. Shirley A. Eser Defendant Court of Common Pleas : Civil Division Cumberland County : No. 2005-884 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 22, 2007 Order was sent to the following individuals on the date indicated below. Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 DATE: Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 h la a i Sc g, LLP By: 11 M chele M. Bradford, uire Attorney for Plaintiff Q N d ^ g, 13 ,? ol? <Jri cn fn Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Flagstar Bank, FSB Plaintiff Vs. Shirley A. Eser Defendant(s) Attorney for Plaintiff Court Of Common Pleas Civil Division : Cumberland County, Pennsylvania :05-884 CIVIL Term EXCEPTIONS TO SHERIFF'S SALE DISTRIBUTION PURSUANT TO PA.R.C.P. RULE 3136(d) And now comes Plaintiff, Flagstar Bank, FSB, by and through its counsel, Phelan Hallinan & Schmieg, LLP, and prays that this Honorable Court grant Plaintiff's Exceptions to Sheriff's Sale Distribution of Proceeds for the following reasons: 1. The Plaintiff is Flagstar Bank, FSB, the holder of that certain Mortgage dated August 31, 1999 and recorded September 21, 1999 at Mortgage Book 1571 , Page 719 in the Cumberland County Recorder's Office. Mortgage was subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded September 21, 2007 at Mortgage Book 625, Page 540. 2. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on February 16, 2005. Attached hereto, made a part hereof, and marked as Exhibit "A" is a true and correct copy of the Complaint in Mortgage Foreclosure. 3. Plaintiff obtained a Default Judgment on April 4, 2005, in the amount of $148,852.40. Attached hereto, made a part hereof, and marked as Exhibit "B" is a true and correct copy of the Praecipe for Default Judgment. 4. On May 22, 2007, this Honorable Court issued an order reassessing damages in the amount of $178,863.33. Attached hereto, made part hereof, and marked as Exhibit "C" is a true and correct copy of the May 22, 2007, Order. 5. On June 13, 2007, the premises located at 229 Wolfs Bridge Road, Carlisle, PA 17013 (hereinafter "Property"), was sold at the Cumberland County Sheriff s Sale pursuant to Writ of Execution issued out of the captioned case. 6. The Property was struck down to a third-party bidder for the amount of $183,800.00. 7. On or about July 13, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $178,863.33. Attached hereto, made a part hereof and marked as Exhibit "D" is a true and correct copy of the Sheriff's Schedule of Distribution. 8. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. 9. The total debt owed to Plaintiff at the time of the Sale was $181,533.00, the amount Plaintiff bid at sale. 10. According to Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (2002), amounts expended by Plaintiff to protect its collateral since the time of default judgment are recoverable and relate back to the date of the Mortgage for priority. 11. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $181,533.00. The Sheriff has funds available to pay the amount Plaintiff is seeking. 12. Plaintiff requests this Honorable Court enter an Order directing the Sheriff to pay Plaintiff the balance due as follows: Principal: $140,072.51 Interest: $ 26,529.42 Late Charges: $ 1,442.50 Escrow Defecit $ 4,296.77 Property Inspection $ 509.00 Appraisal $ 85.00 Assessed Fees $ 82.50 Sheriff s Deposit $ 1,500.00 Corporate Advance $ 7,015.30 Balance due: $181,533.00 WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $181,533.00, and directing the Sheriff to pay the Plaintiff the balance due of $181,533.00. Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, LLP Date: July 20, 2007 Michael E. Carleton-,Esq. Attorney for Plaintiff 14 j N, ?i'f 'i , i7 LUJI, --"i ED Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 Flagstar Bank, FSB : Court Of Common Pleas Plaintiff : Civil Division Vs. Cumberland County, Pennsylvania Shirley A. Eser Defendant(s) :05-884 CIVIL Term BRIEF IN SUPPORT OF PLAINTIFF'S EXCEPTIONS TO DISTRIBUTION 1. FACTUAL BACKGROUND The Plaintiff is Flagstar Bank, FSB, the holder of that certain Mortgage dated August 31, 1999 and recorded September 21, 1999 at Mortgage Book 1571 , Page 719 in the Cumberland County Recorder's Office. Mortgage was subsequently assigned to Plaintiff by virtue of that certain Assignment of Mortgage recorded September 21, 2007 at Mortgage Book 625, Page 540. The underlying loan became delinquent and Plaintiff initiated foreclosure proceedings in execution on the Mortgage on February 16, 2005. Plaintiff obtained a Default Judgment on April 4, 2005, in the amount of $148,852.40. On May 22, 2007, this Honorable Court issued an order reassessing damages in the amount of $ 178,863.33. On June 13, 2007, the premises located at 229 Wolfs Bridge Road, Carlisle, PA 17013 (hereinafter "Property"), was sold at the Cumberland County Sheriff's Sale pursuant to Writ of Execution issued out of the captioned case. The Property was struck down to a third-party bidder for the amount of $183,800.00. On or about July 13, 2007, in accordance with Pa.R.C.P. 3136(d), the Sheriff provided Plaintiff with a copy of its Schedule of Distribution, which distribution listed the Plaintiff as receiving $178,863.33. Since the entry of the Default Judgment, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the Property to protect its collateral. The total debt owed to Plaintiff at the time of the Sale was $181,533.00, the amount Plaintiff bid at sale. Plaintiff is requesting that the Schedule of Distribution be amended to reflect payment to Plaintiff in the amount of $181,533.00. The Sheriff has funds available to pay the amount Plaintiff is seeking. II. LEGAL AUTHORITY Pennsylvania Rule of Civil Procedure 3136(d) allows a party to file Exceptions to the Sheriff's proposed Schedule of Distribution within ten days of the date of posting of the proposed schedule. In the instant case, Plaintiff has filed timely exceptions. The Superior Court of Pennsylvania held in the case of Extraco Mortgage v. Williams, 2002 Pa. Super. 246, 805 A.2d 543 (Pa. Super. 2002), that payments for taxes and insurance, and through implication, other costs collectable under the Note and Mortgage, made by a senior lienholder following the entry of default judgment on its Mortgage relate back to the date of mortgage for the priority. In the instant matter, Plaintiff has expended additional sums, including taxes, property maintenance fees, and insurance premiums, relative to the mortgaged property to protect its collateral. In accordance with the holding in Extraco Mortgage, these amounts are recoverable upon the distribution of sale proceeds and take priority over any amounts owed to junior lienholders. Additionally, this Court has plenary power to administer equity according to well settled principles of equity jurisprudence cases under its jurisdiction. Cheval v. City of Philadelphi, 116 Pa. Super. 101, 176 A. 779 (Pa. Super. 1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them without encouraging technical niceties in the modes of procedure and forms of pleading. Gunnett v. Trout, 380 Pa. 504, 112 A.2d 333 (Pa. 1955). Plaintiff submits that this Court should exercise its equity and discretion to allow the instant motion to be heard as it was promptly filed in anticipation of the distribution of proceeds of sale in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order amending the Schedule of Distribution to the executing Plaintiff in the amount of $181,533.00, and directing the Sheriff to pay the Plaintiff the balance due of $181,533.00. Respectfully submitted, PHELAN HALLINAN AND SCHMIEG, LLP Date: July 20, 2007 By: Michael E. Carleton, Esq. Attorney for Plaintiff EXHIBIT "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 V. SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM No. D5 -v?y ?cut'L CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against th7cl SO following pages, you must take action within twenty (20) days after this come served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW . THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. C 3 -n Lawyer Referral Service r ?'t Cumberland County Bar Association ` 0;) T 32 South Bedford Street s Carlisle, PA 17013 ATMRWY FILE W, (800)990 9108 - c ?' Y' 3 - t ?? bill Z 5 1 /// ??? W we nereby certify the M KI to ba a true and et Copy Of t File #: 108709 dt Ojrial filed of record IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 108709 . 1. Plaintiff is FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE SUITE 200 TROY, MI 48098 The name(s) and last known address(es) of the Defendant(s) are: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 08/31/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MARYLAND FINANCIAL RESOURCES, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1571, Page: 719. By Assignment of Mortgage recorded 9/21/99 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 625, Page 540. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 108709 6. The following amounts are due on the mortgage: Principal Balance $141,166.88 Interest 4,892.10 07/01/2004 through 02/15/2005 (Per Diem $21.27) Attorney's Fees 1,250.00 Cumulative Late Charges 129.57 08/31/1999 to 02/15/2005 Cost of Suit and Title Search 550.00 Subtotal $ 147,988.55 Escrow Credit - 93.30 Deficit 0.00 Subtotal $- 93.30 TOTAL $ 147,895.25 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 147,895.25, together with interest from 02/15/2005 at the rate of $21.27 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIIEG,,L ?.. Jr- By: Is/Francis S. Halligan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 108709 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania, known as Lot 1 of the Final Subdivision/Lot Addition Plan and Survey for the Nora M. Eser Estate, prepared by Statler-Brehm Associates, Inc. dated February 1, 1996 revised February 14, 1996 and recorded in Cumberland County Plan Book 71, Page 131, as follows, to wit: BEGINNING at a point in the centerline of Wolfs Bridge Road (T-508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or formerly of Walter and lands now or formerly of Emey, North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 degree 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr. North 10 degrees 50 minutes 06 seconds East 145.50 feet to an existing iron pin; thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road; thence along the same the following three courses: 1)North 08 degrees 10 minutes 35 seconds East 376.90 feet: 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, are of 132.31 feet, chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 seconds East: 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGINNING. Containing a gross area of 17.222 acres. Being known AS 229 Wolfs Bridge Road File #t: 108709 Joll,? hereby states that he/she is d/L/ce AXJ',- of fI'le - 10VIOf- mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: 5?:22? T` kO N P. MARECKI ^F VI CE PRESIDENT EXHIBIT "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 FLAGSTAR BANK, FSB 5151 CORPORATE DRIVE, SUITE 200 TROY, MI 48098 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. SHIRLEY A. ESER Defendant(s). CIVIL DIVISION NO. 2005-884-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against SHIRLEY A. ESER, Defendant(s) for failure to file an Answer to Plaintiffs 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 Interest from 2/15/05 to 3/31/05 TOTAL $147,895.25 $957.15 $148,852.40 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. &Ilud w.14 DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY EXHIBIT "C" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Flagstar Bank, FSB : Court of Common Pleas Plaintiff : Civil Division VS. : Cumberland County Shirley A. Eser No. 2005-884 Civil Term Defendants n d RD AND NOW, this "u day of , 2007, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby OR ERED 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 $140,072.51 Interest Through 06/13/07 26,529.42 Per Diem $33.10 Late Charges 1,442.50 Legal fees 2,525.00 Cost of Suit and Title 2,107.00 Sheriffs Sale Costs 1,755.56 Property Inspections 508.50 Appraisal/Brokers Price Opinion 85.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 3,837.84 TOTAL $1781863.33 Plus interest from 06/13/07 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. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 108709 EXHIBIT "D" SCHEDULE OF DISTRIBUTION SALE NO. 97 Date Filed: July 13, 2007 Writ No. 2005-884 Civil Term Flagstar Bank, FSB VS Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Sale Date: June 13, 2007 Buyer: Green Ridge Leasing LLC Bid Price: $183,800.00 Real Debt: $140,072.51 Interest: 26,529.42 Misc. Costs: 12,261.40 Total: $178,863.33 (per order of court) DISTRIBUTION: Receipts: Cash on account (03/16/2007): Cash on account (06/13/2007): Cash on account (06/29/2007): $ 1,500.00 18,380.00 172,722.24 Total Receipts: $192,602.24 Disbursements: Sheriff s Costs $4,643.19 Legal Search 200.00 Transfer Tax, Local 1,713.12 Transfer Tax, State 1,713.12 Penny Davis, Tax Collector 1,314.74 Middlesex Township 1,132.83 Attorney Daniel Schmieg 1,500.00 Flagstar Bank, FSB 178,863.33 Citifinancial, Inc. 1,521.91 Total Disbursements: ($192,602.24) Balance for distribution: So Answers: 0.00 R. Thomas Kline Sheriff VERIFICATION I, Michael E. Carleton, Esquire, hereby state that I am the attorney for the Plaintiff herein and am authorized to make this verification. I hereby verify that the information contained in Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P., 3136(d) is true and correct to the best of my knowledge, information and belief. I am aware that this verification is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, PHELAN HALLINAN ANDS HMIEG, LLP -- Date: July 20, 2007 g Michael E. Carleton, Esq. Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Flagstar Bank, FSB Plaintiff Attorney for Plaintiff Court Of Common Pleas Civil Division Vs. Shirley A. Eser Defendant(s) : Cumberland County, Pennsylvania :05-884 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that true and correct copies of the Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), and Brief were served upon the following: Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Dated: July 12, 2007 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Respectfully submitted, PHELAN HALLINAN & SC IEG, LLP Michael E. Carleton, squire Attorney for Plaintiff ;Z ?d CZ Ei" LOU FLAGSTAR BANK, FSB, Plaintiff V. SHIRLEY A. ESER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-884 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of July, 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. Rule 3136(d), a Rule is hereby issued upon all interested parties, including the Cumberland County Sheriff, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PLAINTIFF SHALL be responsible for service of this rule upon all interested persons. BY THE COURT, ichael E. Carleton, Esq. One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff :rc J. Wesley Oler, Jr., J. 0? :I wa tz Inr {aoz AW10NORIOW 3Ht 30 30L±40-g? Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Flagstar Bank, FSB Plaintiff Attorney for Plaintiff : Court Of Common Pleas : Civil Division Vs. Shirley A. Eser Defendant(s) : Cumberland County, Pennsylvania 05-884 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that a true and correct copy of the July 26, 2007 Rule to Show Cause with respect to Plaintiff s Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d) and this Certification were served by regular mail on the date listed below on the following: Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Dated: August 2, 2007 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Michael E. Carleton, Esquire Attorney for Plaintiff t FLAGSTAR BANK, FSB, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHIRLEY A. ESER, Defendant NO. 05-884 CIVIL TERM ORDER OF COURT AND NOW, this 26t" day of July, 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. Rule 3136(d), a Rule is hereby issued upon all interested parties, including the Cumberland County Sheriff, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PLAINTIFF SHALL be responsible for service of this rule upon all interested persons. BY THE COURT, / --- /A / J. NVesley Oler, Jr., J. Mic ael E. Carleton, Esq. O e Penn Center Plaza uite 1400 Philadelphia, PA 19103 Attorney for Plaintiff :rc In T :y land and h 's7?t 2 7n D ? ??_? cri ut cr+ -c Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Flag Star, FSB 5151 Corporate Drive, Suite 200 Troy, MI 48098 Plaintiff vs. Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Defendant(s) Attorney for Plaintiff : Court of Common Pleas Civil Division Cumberland County, Pennsylvania 05-884 Civil Term MOTION TO MAKE RULE ABSOLUTE AND now comes Plaintiff, by and through its attorney, Phelan Hallinan & Schmieg, LLP and hereby petitions this Honorable Court to make the Rule to Show Cause issued on July 26, 2007, absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1) Plaintiff filed Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 97 held on June 13, 2007, with the Court on or about July 23, 2007. 2) This Honorable Court issued a Rule upon Defendants and all interested parties on July 26, 2007, to show cause why the Plaintiffs Exceptions should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked as Exhibit "A." 3) The Rule to Show Cause was forwarded to all parties at their last known address as evidenced by Plaintiff's Certificate of Service filed on or about January 14, 2008. A true and correct copy of the Certificate is attached hereto, made part hereof, and marked as Exhibit "B." 4) Defendants and all interested parties have failed to respond or otherwise plead to the Rule Returnable date of January 28, 2008. 5) In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Exceptions to Sheriff's Sale Distribution and Order to the Defendant on February 21, 2008 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) is attached hereto, made part hereof, and marked as Exhibit "C." WHEREFORE, Plaintiff prays this Honorable Court make the Rule issued on July 26, 2007, absolute and enter an Order granting Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 97 Held on June 13, 2007. Respectfully Submitted, Phelan Hallinan & Schmieg, L Date: Michael E. Carleton, Esquire Attorney for Plaintiff ?X?libl7 /' r? FLAGSTAR BANK, FSB, Plaintiff V. SHIRLEY A. ESER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-884 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of July, 2007, upon consideration of Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa. R.C.P. Rule 3136(d), a Rule is hereby issued upon all interested parties, including the Cumberland County Sheriff, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. PLAINTIFF SHALL be responsible for service of this rule upon all interested persons. BY THE COURT, / /A/ J. Fesley Oler, Jr., J. Michael E. Carleton, Esq. O e Penn Center Plaza uite 1400 Philadelphia, PA 19103 Attorney for Plaintiff :rc hand !and h n ?J Sao /? Th ...... rotho toy ??,?6i+ Q ??f4•? ?a. Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Identification No. 203009 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Flagstar Bank, FSB Plaintiff ? i 0 Y Ilk S W 5r1.sMi ?. ? _ { c oo Attorney for Plaintiff ??- Court Of Common Pleas Gr : Civil Division Vs. Shirley A. Eser Defendant(s) : Cumberland County, Pennsylvania 05-884 CIVIL Term CERTIFICATE OF SERVICE I, Michael E. Carleton, Esquire, hereby certify that true and correct copies of the July 26, 2007 Rule to Show Cause with respect to Plaintiff's Exceptions to Sheriff's Sale Distribution Pursuant to Pa.R.C.P. Rule 3136(d), Plaintiff's Exceptions, and this Certificate were served by regular mail on the date listed below on the following: Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Tenant/Occupant 229 Wolfs Bridge Road Carlisle, PA 17013 Community Banks 201 Saint Johns Church Road Camp Hill, PA 17011 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Internal Revenue Service Federated Investors Tower 1001 Liberty Avenue 13'' Floor, Suite 1300 Pittsburgh, PA 15222 Community Banks P.O. Box G280 Harrisburg, PA 17112 James C. Costopoulos 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 Dated: Citifinancial, Inc. 3401 Hartzdale Drive, Ste 126 Camp Hill, PA 17011 Pennsylvania Housing Finance Agency 2101 N. Front Street Harrisburg, PA 17110 Respectfully submitted, PHELAN HA LINAN & EG, LLP By: Michael . ?- ECarleton, Esquire Attorney for Plaintiff fxjjb;t G PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd. Philadelphia, PA 19103-11814 215-563-7000 Fax: 215-567-0072 michael.Carleton@fedphe.com Michael Carleton, Esquire Representing Lenders in Pennsylvania and New Jersey February 22., 2008 Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Tenant/Occupant 229 Wolfs Bridge Road Carlisle, PA 17013 Community Banks 201 Saint Johns Church Road Camp Hill, PA 17011 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Internal Revenue Service Federated Investors Tower 1001 Liberty Avenue 13th Floor, Suite 1300 Pittsburgh, PA 15222 Community Bank, P.O. Box G280 Harrisburg, PA 17112 James C. Costopoulos 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 Citifinancial, Inc. 3401 Hartzdale Drive, Ste 126 Camp Hill, PA 17001 Pennsylvania Housing Finance Agency 2101 N. Front Street Harrisburg, PA 17110 RE: Flag Star, FSB v. Shirley A. Eser Premises Address: 229 Wolfs Bridge Road, Carlisle, PA 17013 Cumberland County CCP, No. 05-884-CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Make Rule Absolute 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 distribution to the Plaintiff. Pleas respond to me within 5 days of receipt of this letter. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly your Michae C n 14 For Phelan Hallinan & Schmieg, LLP Enclosure VERIFICATION Michael E. Carleton, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is 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 his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Respectfully Submitted, Phelan allinan leg, L Date: IVOL Michael E. C on, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Michael E. Carleton, Esquire Atty. I.D. No. 203009 One Penn Center Plaza at Suburban Station 1617 John F. Kennedy Blvd., Ste 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Flag Star, FSB 5151 Corporate Drive, Suite 200 Troy, MI 48098 Plaintiff VS. Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Defendant(s) Attorney for Plaintiff Court of Common Pleas : Civil Division Cumberland County, Pennsylvania : 05-884 Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served by regular mail on the following on the date listed below: Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Tenant/Occupant 229 Wolfs Bridge Road Carlisle, PA 17013 Community Banks 201 Saint Johns Church Road Camp Hill, PA 17011 R. Thomas Kline Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Internal Revenue Service Federated Investors Tower 1001 Liberty Avenue 13th Floor, Suite 1300 Pittsburgh, PA 15222 Community Bank, P.O. BOX 6280 Harrisburg, PA 17112 James C. Costopoulos 10 Courthouse Avenue, Suite 103 Carlisle, PA 17013 3? Date: Citifinancial, Inc. 3401 Hartzdale Drive, Ste 126 Camp Hill, PA 17001 Pennsylvania Housing Finance Agency 2101 N. Front Street Harrisburg, PA 17110 Respectfully Submi d, Phelan Hallin Michael E. Carleton, Esquire Attorney for Plaintiff C) c r.,), C= < rn rr ? 27 - y :. ? C rn CJ C 'i CJ ? CJ ". y f t MAR 0 72008M? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) ORDER AND NOW, this 41- day of (M V L? , 2008, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule issued upon Defendants and all interested parties on July 26, 2007, shall be and is hereby made absolute; Plaintiffs Exceptions Pursuant to Pa.R.C.P. 3136(d) to Amended Schedule of Distribution of Sale No. 97 held on June 13, 2007, are GRANTED; and the Sheriff shall forthwith issue a revised Schedule of Distribution reflecting distribution to Plaintiff in the sum of $181,533.00. Flag Star, FSB 5151 Corporate Drive, Suite 200 Civil Division Troy, MI 48098 Plaintiff vs. 05-884 Civil Term Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 r C LLJ Cl t f L=:4 LLJ .L..J <....e Lx- hj COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Green Ridge Leasing LLC is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 14th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 884, at the suit of Flagstar Bank FSB against Shirley A Eser is duly recorded in Deed Book No. 281, Page 501. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D.,;,o07 Recorder of Deeds Rscada of Deada, CumbeA?nd County, CorYt?, pa My ZTeNR7bn t.xpi?ae the Fkat Monday of Jan. 2010 Flagstar Bank, FSB VS Shirley A. Eser In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-884 Civil Term Dawn L. Kell, Deputy Sheriff, who being duly sworn according to law, states that on March 22, 2007 at 1743 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Shirley A. Eser, by making known unto Shirley Eser, personally, at 229 Wolfs Bridge Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1312 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Shirley A. Eser located at 229 Wolfs Bridge Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Shirley A. Eser, by regular mail to her last known address of 229 Wolfs Bridge Road, Carlisle, PA 17013. This letter was mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $183,800.00 to W. Wayde Kelly on behalf of Green Ridge Leasing LLC. It being the highest bid and best price received for the same, Green Ridge Leasing, LLC of 6375 Basehore Road, Mechanicsburg, PA 17050, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $191,102.24. Sheriff s Costs: Docketing $30.00 Poundage 3,676.00 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 9.60 Levy 15.00 Surcharge 20.00 Law Journal 383.00 Patriot News 339.92 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 19 J/1 $4 643 , . So Answers: R. Thomas Kline, Sheriff BY r? co Real Estate Sergeant 0-';jot q ?`? FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 05-884-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) FLAGSTAR BANK, FSB, Plaintiff in the above action, by its attorney, DANIEL G. SC11MI G, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the f011owins, information concerning the real property located at,229 WOLFS BRIDGE ROAD, CARLISLE, llzk 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) COMMUNITY BANKS JAMES C. COSTOPOULOS 201 SAINT JOHNS CHURCH RD CAMP HILL, PA 17011-4048 10 COURTHOUSE AVENUE, SUITE 103 CARLISLE, PA 17013 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. PENNSYLVANIA HOUSING FINANCE AGENCY 3401 HARTZDALE DRIVE, STE 126 CAMP HILL, PA 17011 2101 N. FRONT STREET HARRISBURG, PA 17110 5. .Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and 'vhose interest may be affected by the sale. Name Last Known 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 intea cs€ i the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 COMMONWEALTH OF PENNSYLVANIA 6TH FLOOR, STRAWBERRY SQUARE BUREAU OF INDIVIDUAL TAX DEPT 280601 INHERITANCE TAX DIVISION HARRISBURG, PA 17128 ATTN: JOHN MURRAY INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 1001 LIBERTY AVENUE 13TH FLOOR, SUITE 1300 PITTSBURGH, PA 15222 DEPARTMENT OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 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. Sec. 4904 relating to unswom falsification to authorities. March 13, 2007 &h?BAM41V DATE DANIEL G. SCHMIEG SQUIRE Attorney for Plaintiff . 1% FLAGSTAR BANK, FSB Plaintiff, V. SHIRLEY A. ESER Defendant(s). CUMBERLAND COUNTY No. 05-884-CIVIL TERM March 13, 2007 TO: SHIRLEY A. ESER 229 WOLFS BRIDGE ROAD CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE A,VA TTE.?IFT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County C.nurthouse, South Hanover Street, Carlisle, PA 17013, to enforce the courtjudgment of $148,852.40 obtained by FLAGSTAR BANK, FSB (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 Sheriffs Sale, you must take immediate action: The sale will be cancelled 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. 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. . N 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 (717) 240-6390. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 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 distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 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. 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-884 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FLAGSTAR BANK, FSB, Plaintiff (s) From SHIRLEY A. ESER (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 $148,852.40 L.L. Interest FROM 3/31/05 TO 6/13/07 (PER DIEM - $24.47) - $19,673.88 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $1,893.06 Other Costs Plaintiff Paid Date: MARCH 14, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 -'F-'y LWAS Real Estate Sale # 97 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 229 Wolfs Bridge Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2007 By: , Real Estal Sergeant AMENDED SCHEDULE OF DISTRIBUTION SALE NO. 97 Date Filed: March 19, 2008 Writ No. 2005-884 Civil Term Flagstar Bank, FSB VS Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Sale Date: June 13, 2007 Buyer: Green Ridge Leasing LLC Bid Price: $183,800.00 Real Debt: $181,533.00 Interest: Misc. Costs: Total: $181,533.00 (per order of court on March 18, 2008) DISTRIBUTION: Receipts: Cash on account (03/16/2007): Cash on account (06/13/2007): Cash on account (06/29/2007): $ 1,500.00 18,380.00 172,722.24 Total Receipts: $192,602.24 Disbursements: Sheriff s Costs $4,643.19 Legal Search 200.00 Transfer Tax, Local 1,713.12 Transfer Tax, State 1,713.12 Tax Claim Bureau 1,516.10 Middlesex Township 1,132.83 Attorney Daniel Schmieg 1,500.00 Flagstar Bank, FSB 180,183.88 Total Disbursements: ($192,602.24) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SCHEDULE OF DISTRIBUTION SALE NO. 97 Date Filed: July 13, 2007 Writ No. 2005-884 Civil Term Flagstar Bank, FSB VS Shirley A. Eser 229 Wolfs Bridge Road Carlisle, PA 17013 Sale Date: June 13, 2007 Buyer: Green Ridge Leasing LLC Bid Price: $183,800.00 Real Debt: $140,072.51 Interest: 26,529.42 Misc. Costs: 12,261.40 Total: $178,863.33 (per order of court) DISTRIBUTION: Receipts: Cash on account (03/16/2007): Cash on account (06/13/2007): Cash on account (06/29/2007): $ 1,500.00 18,380.00 172,722.24 Total Receipts: $192,602.24 Disbursements: Sheriff s Costs $4,643.19 Legal Search 200.00 Transfer Tax, Local 1,713.12 Transfer Tax, State 1,713.12 Penny Davis, Tax Collector 1,314.74 Middlesex Township 1,132.83 Attorney Daniel Schmieg 1,500.00 Flagstar Bank, FSB 178,863.33 Citifinancial, Inc. 1,521.91 Total Disbursements: ($192,602.24) Balance for distribution: 0.00 So Answers: R. Thomas Kline Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 97, held June 13, 2007 EFFECTIVE DATE: June 18, 2007 PREMISES: 229 Wolfs Bridge Road, Carlisle, Pennsylvania (the "Premises"), tax parcel No. 21-07-0467-001. RECITAL: Being the same premises which Farmers Trust Company, Executor of the Estate of Nora M. Eser by its Deed dated September 27, 1996 and recorded September 27, 1996 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 146, Page 660, granted and conveyed unto Shirley A. Eser, single woman. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All real Estate taxes on the Premises assessed but not billed, including, but not limited to, those Real Estate taxes accruing on and after July 1, 2007. 20. Mortgage in the amount of $150,000.00 from Shirley Eser to Maryland Financial Resources, Inc. dated August 31, 1999 and recorded September 21, 1999 in Mortgage Book 1571, Page 719, assigned to Flagstar Bank, F.S.B. on September 21, 1999 in Misc. Book 625, Page 540. -2- 21. Mortgage in the amount of $19,769.55 from Shirley A. Eser to Citifinancial, Inc. dated April 6, 2000 and recorded April 10, 2000 in Mortgage Book 1605, Page 492. 22. Mortgage in the amount of $12,000.00 from Shirley A. Eser to PA Housing Finance Agency dated July 20, 2001 and recorded August 29, 2001 in Mortgage Book 1731, Page 4168. 23. Mortgage from Shirley A. Eser to PA Housing Finance Agency in the amount of $11,500.00 dated July 27, 2004, recorded August 13, 2004 in Mortgage Book 1877, Page 1176. 24. Judgment against Shirley Eser in the amount of $4,499.94 in favor of Community Banks entered July 26, 2005 to No. 2005-3795. 25. Judgment against Shirley A. Eser in favor of Flagstar Bank, F.S.B. in the amount of $148,852.40 entered April 4, 2005 to No. 2005-884. 26. All building setback lines, easements, notes, conditions and all matters appearing in Plan Book 71, Page 131. 27. Easements and rights-of-way appearing in Deed Book 146, Page 660. 28. Rights granted to ARCO Pipeline Co. in Misc. Book 230, Page 448 and Misc. Book 232, Page 451. 29. The rights of others in and to any portion of the Premises adjoining or within Wolfs' Bridge Road (also known as Wolfs Bridge Road). 30. Under and subject to the dedicated right-of-way and pipeline easement as made reference to in Deed Book 146, Page 661. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -3- REAL ESTATE SALE NO. 97 Writ No. 2005-884 Civil Fiagstar Bank, FSB VS. Shirley A. Eser Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania described as follows: BEGINNING at a point in the centerline of Wolfs Bridge Road (T- 508); thence through Wolfs Bridge Road and passing through a set Iron pin and the line of lands now or for- merly of Walter and lands now or formerly of Emey. North 87 degrees 42 minutes 55 seconds East 726.62 feet to a set iron pin; thence along lands now or formerly of Earl W. Myers and lands now or formerly of Eagles Aerie 1299, South 01 de- grees 42 minutes 55 seconds West 1024.00 feet to a set iron pin; thence along lands now or formerly of Jessie B. Campbell, North 86 degrees 16 minutes 30 seconds West 592.70 feet to a set iron pin; thence along lands now or formerly of William Nailor, Jr. North 10 de- grees 50 minutes 06 seconds East 145.50 feet to an existing iron pin: thence continuing along the same and passing through a set iron pin North 85 degrees 32 minutes 31 seconds West 312.50 feet to a point in the centerline of Wolfs Bridge Road: thence along the same the following three courses: 1) North 08 degrees 10 minutes 35 seconds East 376.90 feet 2) a curve to the right with a radius of 700.00 feet, delta of 10 degrees 49 minutes 46 seconds, arc of 132.31 feet chord and chord bearing of 132.11 feet, North 13 degrees 10 minutes 07 second East 3) North 18 degrees 35 minutes 00 seconds East 302.97 feet to a point, the place of BEGIN- NING. TITLE TO SAID PREMISES IS VESTED IN Shirley A. Eser, single woman by Deed from Farmers Trust Company, Executor of the Estate of Nora M. Eser, dated 9-27-96 and recorded 9-27-96 in Deed Book 146, Page 660. PROPERTY ADDRESS: 229 WOLFS BRIDGE ROAD, CARLISLE, PA 17013. TAX PARCEL: # 21-07-0467-001. EXHIBIT A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 2007 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. REAL ESTATE SALE NO. 87 Writ No. 2005-884 Civil Flagstar Bank, FSB VS. Shirley A. Eser Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in Middlesex Township, Cumberland County, Pennsylvania described as follows: BEGINNING at a point in the centerline of Wolfs Bridge Road (T- 508); thence through Wolfs Bridge Road and passing through a set iron pin and the line of lands now or for- isa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 SEAL Ccun?y s 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#97 Nutarial Seal Terry L Russell, Notary Public City Of Harrisburg, Dauphin County *)Commission Expires June 6, 2010 Mem r, Penn v nia ,Association of Notaries Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Sworn to and subscribcdikohnnu a i$EI1DO&yjQ?M?X1?A007 A.D.