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Home My WebLink About05-1173 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 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE P ASS- THROUGH CERTIFICATES, SERIES 200l-HE22 3815 SOUTH WEST TEMPLE SALT LAKE CITY. UT 84115-4412 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. OS-/t7:6 CI~d_~~ CUMBERLAND COUNTY v. EDWARDG. SCHWALM AlKJ A EDWARD A SCHWALM NKJ A EDWARD H SCHWALM NKJ A EDWARD SCHW ALM JR GAIL M. SCHWALM A/KJ A GAIL M LEADER 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 Defendants 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 Fite #: 1126 to Hie #: 112610 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. 1. Plaintiff is US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 2, The name(s) and last known address(es) of the Defendant(s) are: EDWARDG. SCHWALM NK/ A EOW ARO G SCHWALM NK/ A EDWARD A SCHWALM MK/ A LOW ARD H SCHWALM NK/ A EDWARD SCHWALM JR GAIL M SCHWALM MK/A GAIL M LEADER 2245 CANTERBURY DRlVE MECIIANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3, On 05/04/200] mortgagor(s) made. executed and delivered a mortgage upon the premises hereinafter described to ALLIANCE FUNDING which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. Book: 17]7. Page: 277, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same, 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 09/09/2004 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 #: 112610 6, Thc following amounts are due on thc mortgage: Principal Balance Interest 08/09/2004 through 03/02/2005 (Per Diem $53.29) Attorney's Fees Cumulative Late Charges 05/04/2001 to 03/02/2005 Cost of Suit and Title Search Subtotal $219,154.68 10,977.74 1,250.00 269.73 $ 550,00 $ 232,202.15 Escrow Credit Deficit Subtotal 0,00 629.23 $ 629.23 TOTAL $ 232,83] .38 7, The attorney's fees set forth above are in confonnity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. ]fthe 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 I 983, as amended in ] 998. 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 $ 232,831.38, together with interest from 03/0212005 at the rate of $53.29 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 ~ALLINAN & ~CHMIEG, L'-; / _ ./ _ _ ~. 5. /~_____ By: /slFrancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff F;!e#. 112610 .-"".-.' _"~-'~_.~..-".Fc-.':.~.c..r-,_r~~~~~ -,.. -'^ ~ --_--..,,.. - _,.. ..,.,.,...;..< -~_ _... =cpr;./~.r -~/"";~~~~;",,:;,~,--:_-~"'~~~:"/'~~_",,::-r:~?,""c.-;-~-:-_--:_,":-"":_-_--:-.?::_-~,":~_""_--."'...._.../-:--:.__.,.<_"::!;r:?')'"?"~-:-_~.=:..A'_"':"~??rr:,.;: · All THA.TClRTAtC_It"""~I&q*, 1M rG'_"~'" Caaalrtf r~" L.b....., C....u...... ""'*it lJlb, ."IIlf......IJ."UIIICt.. u... ....11_ ..Lot...... a H..... OIl IIItfin/Rf-.a.lI.J . J "III' c.kl.t./If....."'... t .~..... 'rllnlrr J. FW.. P.LS.. ,.E.... ".~ I. .., In ....If tt.1Itt_.. u..r. illlld t. c.td..., Ctanty. "....,IQni.. Ill...... f'IIll SlIt 54,,,.. ..... "" ....., Ill' ..... It rd..... Ie aoft .... It. IIint.IhI........._., WIf Ate...... ....fiO tHe *. _ Wla It. ..." lit it. It....... Lot.. ~ SMl40 .....14 -A.-13 _nilE... ........r 117.83 fMt1t.,.,.....otlti.. ',.......,.,...,..lJt..18......I.G,... It ....a..... ...as ~'rrfl" ......., 130._"" 11...... hit,. Lt. It. ~~,., ~ln6o, "1.1II.24" 21"_28 "11II h..... Wm . 6'.." If 14Ul'lIC II. JIllliIf III lit .......... t9d II WIt''' c...." _ fIIIw 110. Ctllldatr DrlvI aa dlI tn: .r . tircll """'" t. tilt 11ft ... · ,...".. 220.88 reet. MII1I_fth If 8U.U fflt to. fIlI/lIt, t1II /l1.c1 olIEGlNMNa. , --"-- .-;_. ,-,,- :-c-, -. -, _>--."," .;O;-_~~~~__~ Cllll'A_ .... 'J.!S3 ...1IIt 11I4.... ............IIIll..224I CIIIIIIfIuty Drift. _AND SUIJIC1'. A.-lllt.1. !I"UtlU,. ".1IfI, _If...,.. .........".... . ... PfMI....... A. ...... 'n~ "'........,... -....~~-:::..~.."...1tln,.. .,..... ~ttuMr.. Dill.. :: A.~.. ....,.,.... "III LI . ft 1Illl,...,........ .............. ClArmIIS - VERIFICATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the court and or the verification could not be obtained within the time allowed for the filing of the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c), and that the staternents rnade in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of its knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification frorn Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsifications to authorities. ~~~ :;;;; /#/. Francis S. Hallinan, Esquire Attorney for Plaintiff DATE:~ \ 8- \ DS (0 .lq. N U) G rt ~ .<.1'1 B .-..> 0 -I:::.. 0 C4' C;::;,:) 'T1 -- -- C .;:;,1'1 -I ~ ':;-c." ::,tl: :::r.;-n "'- ~ I,'i' :;:1:,,1<0 f'\tr:: - ;;:0 :>18 ..z:: ~ I ;5(:, IN ~- ~;'.i .n () t -0 ~_,L "'J (:~(~ :;!:: Ben '/ 5~ '-P. ~,~-\ -t"" ~ (.n ':'0 ::.<.: a:> SHERIFF'S RETURN - REGULAR , CASE NO: 2005-01173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SCHWALM EDWARD G ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according t law, says, the within COMPLAINT - MORT FORE was served upon SCHWALM EDWARD G AKA EDWARD A SCHWALM AKA EDWARD H SCHWALM the DEFENDANT , at 2027:00 HOURS, on the 7th day of March , 2005 at 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 by handing to EDWARD SCHWALM a true and attested copy of COMPLAINT - MORT FORE together w th and at the same time directing His attention to the contents the eof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.66 .00 10.00 .00 34.66 c~""-/'7","~~ ~/A ____1ff- "~"'" M""" ,c' '" ../ ..,;q-~-, >/r ""':'i-i"~';"'t::'~''''',,,,,,,-,,:.,,,,,., ~-1" ~r_ R. Thomas Kline 03/08/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to this ( J -l.~ day of J. 0; before By: "\ 1. . L./ D~uty /-;7 1:.) /~: Sheriff A.D. v SHERIFF'S RETURN - REGULAR . CASE NO: 2005-01173 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SCHWALM EDWARD G ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according 0 law, says, the within COMPLAINT - MORT FORE was served upon SCHWALM GAIL M AKA GAIL M LEADER t e DEFENDANT , at 2027:00 HOURS, on the 7th day of March , 2005 at 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 by handing to EDWARD SCHWALM, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together ith and at the same time directing His attention to the contents t ereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6,00 .00 ,00 10.00 .00 16,00 ---/") 4:<1'" ;:;YKJ ""- ':-t'{~<":" , ~,,,,,;.:.,.~,,. R. Thomas Kline .(/4 ,-,~.~~,.e{;r:..I'.~-.I' 03/08/2005 PHELAN HALLINAN SCHMIEG Sworn and Subscribed to before By: ./) /::XI me this day of // D.eputy Sheriff - (- 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" SillTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 3815 SOUTH WEST TEMPLE SALT LAKE CITY, UT 84115-4412 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-01173 PlaIntiff, v. EDWARD G. SCHWALM A/KJA EDWARD A. SCHWALM A/KJA EDWARD H. SCHWALM A/KJA EDWARD SCHWALM, JR. GAIL M. SCHWALM A/KJA GAIL M. LEADER 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 EDWARD G. SCHWALM AJK/A EDWARD A. SCHWALM AJK/A EDWARD H. SCHWALM AJK/A EDWARD SCHWALM. JR. and GAIL M. SCHWALM AJK/A GAIL M. LEADER, Defendant(s) for failure to file an Answer to Plaintiffs Cornplaint within 20 days from service thereof and for Foreclosure and Sale of the rnortgaged premises, and assess Plaintiffs darnages as follows: As set forth in Complaint Interest from 3/3/05 to 5/2/05 TOTAL $232,831.38 $3,250.69 $236,082.07 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DAMAGES ARE HEREBY ASSESSED AS INDTCATED. ~. DATE: (r1,;::/" f; ~D&r a'{/2 L/? ,A! f ' PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 3815 SOUTH WEST TEMPLE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 2005-01173 Plaintiff, v, EDWARD G. SCHWALM AIKIA EDWARD A. SCHWALM AIKIA EDWARD H. SCHWALM AlKlA EDWARD SCHWALM, JR, GAIL M. SCHWALM AIKIA GAIL M. LEADER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on (Yl';l, ( ~ C; 200$. --By: -4r7~ (/ 2. JJe4~ DEPUTY If you have any questions concerning this matter, please contact: ...--- '. (I) ~-1,Q Q ~'~'hYvuf'U~ - orney for Plaintiff ONE PENN CENTER AT SUBURBA T ATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA ]9103-18]4 (215) 563-7000 ""THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA nON 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."" PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (? I '\) '\01-7000 US BANK NA TIONAL ASSOCIATION, AS TRUSTEE : COURT OF COMMON PLEAS FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 200]- : CML DIVISION HE22 Plaintiff : CUMBERLAND COUNTY Vs, : NO. 2005-01173 EDWARD G. SCHWALM NKlAEDWARD A. SCHWALM NKlA EDWARD H. SCHWALM NKlA EDWARD SCHWALM, JR. GAIL M. SCHWALM NKlA GAIL M. LEADER Defendants TO: EDWARD G. SCHWALM AlKJA EDWARD A. SCHWALM AlKJA EDWARD H. SCHWALM A!KIA EDWARD SCHWALM, JR. 2245 CANTERBURY DRIVE MECHANICSBURG, PAl 7055 DATE OF NOTICE: MARCH 29 200S THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR N~. ,..." ~ ., .,. .,J \ , '.J "j.;v) CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATlON 32 SOUTH BEDFORD STREET CARLISLE, P A 17013 (800)990-9108 FRANCISS.HALLINAN,ESQUlRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., [d. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. HaHinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19[03 (71 'i) 'i1i1-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE : COURT OF COMMON PLEAS FOR THE HOLDERS OF THE CSFB MORTGAGE P ASS- THROUGH CERTIFICATES, SERIES 200 [- : C[VIL DIVIS[ON HE22 Plaintiff : CUMBERLAND COUNTY Vs. : NO. 2005-01173 EDWARD G. SCHWALM AlKJA EDWARD A. SCHWALM AIKJ A EDWARD H. SCHWALM AlKJAEDWARDSCHWALM,ffi. GAIL M. SCHWALM AIKJ A GAIL M. LEADER Defendants TO: GAIL M. SCHWALM A/K/A GAIL M, LEADER 2245 CANTERBURY DRIVE MECHANICSBURG, P A 17055 DATE OF NOTICE: MARCH 29, 200, TH[S FIRM [S A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE [S SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION ~1S0UTHBEDFORDSTREET f"\" CARLISLE, PA 17013 ,~ \i:J. ('OO)99~9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PffiLADELPHIA, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB CUMBERLAND COUNTY MORTGAGE PASS-THROUGH CERTIFICATES, COURT OF COMMON PLEAS SERIES 2001-HE22 3815 SOUTH WEST TEMPLE CIVIL DIVISION NO. 2005-01173 Plaintiff, v. EDWARD G. SCHWALM A/KJA EDWARD A. SCHWALM A/KJA EDWARD H. SCHWALM A/KJA EDW ARD SCHWALM, JR. GAIL M. SCHWALM A/KJA GAIL M, LEADER Defendant(s). 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 ofthe following facts, to wit: (a) that the defendant(s) islare 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 EDWARD G. SCHWALM AlKJA EDWARD A. SCHWALM AlKJA EDWARD H. SCHWALM AlKJA EDWARD SCHWALM, JR is over 18 years of age and resides at , 2245 CANTERBURY DRIVE, MECHANICSBURG, PA 17055. (c) that defendant GAIL M. SCHWALM AlKJ A GAIL M. LEADER is over 18 years of age, and resides at , 2245 CANTERBURY DRIVE, MECHANICSBURG, P A 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. '---- DANIELG. SCHMIE Attorney for Plaintiff \-' --9 ....' 0 l 'P c-:::';) ;a c? ,'n ~ ,J' 1t- ::r: ..-\ \) :C-n )Y', tl"tf;c:::. C> -. .",'r71 \ '.,;\.:) F - -:t: <J'I -<;-;{~, ~ -0 ,,_...,., W ~ ~ ~)~')) G:, P- -"".. i ~ \,,0 (~~~\-l\ II'- --c:: ~ :.:? ,)1 '::0 1- - ,""", - [ - ~ . CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20Ol-HE22 Plaintiff, No. 2005-01173 v. EDWARD G. SCHWALM AlKJA EDWARD A. SCHWALM A/KlA EDWARD H. SCHWALM A/KlA EDW ARD SCHWALM, JR. GAIL M, SCHWALM A/KJA GAIL M, LEADER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above rnatter: Amount Due $236,082.07 Interest frorn 5/2/05 to SEPTEMBER 7, 2005 (per diern -$38.81) $4,967.68 and Costs TOTAL $241,049.75 c C 'i) '4;' DANIEL G. SCH I G, ESQUIRE One Penn Center at Suburban Statio 1617 John F. Kennedy Boulevard, Sui 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. < "'z 0< ~~ ~~ ~ifl zZ O~ ~~. O~ U';;l ~O U ~~ ~~ ~~ ~~ ~';;l U N 7: t..0 S~. '/'"'" r:2 ~ 0' r::~ ~~:~ t~ U.H'.' 'z"-jI;~,,~. \..t') '.,"- \ .......,:.,..- ~_.;...\C._, '''''- 2\.\1 ~,,:;. \.1-" ~ .,:.- p ~ c? 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COVNTY OI'ClJIIfIIEIlLAND AND COMMONWEALTH 01' l'ENNSYJ.VANlA, W1TS.A'NY IMPR~ ERECTEIl 'I"IlEttEOl'l, BEING KNOWN AS LOT NO.. 23 ASSHOWN Of( TBE mAL ~ PJ...UI QJi' CAN'lDBlJII.l' FSTA'l'ES.1'HASE I, AS PllEI'ARfD BY ROlIDT J, PlSBER, P.L.S. PA, .\1'01> }U!C()JlDf:D IN TBE OFFICE OF TBE IUtCOlUl1tll. OF DEEDS IN ANI) FOIl CUMIIEIILAND COllNn'. P.l!I'INSYLV AlOA, IN SVII.DlVISmN I"LAN 11001; 54. l'AGE .. BElNG MOU FULLY BOlJNllED AND IlESCRIBED AS FOLLOWS. 'to WIT, HGJNNlNG AT A l'OIN'r ON THE m: sotrIHEASTl!IIllUGRt OF WAY OF CAN'Il!RBUllY IlllIVE ~ RET W1Dl!), SAID POINT lllllNG AT TIlE C01lNElt OF LOT NO. 2:1; TWlNCE ALONG t<n' NO. :n 800m'" DEGUES 14 MJNt1l1lS 5J SECONni EMf A DIStAJoK;;l; OF llU3 FEET TO A f'OlNT IN TID: LINE or LOr NO. .'1 'XSNCE EX'l'ENJ)J!(G l'ARTIALLY AI.ONG LOT NO. I'.om PAa'llALL Y AL~G LOr NO. 15, !iOl1l'B 45 DJIlGIIUS 39 t\fJNtJTl'.S 05 SECONDS ~ A lllSTANa: aT 1JO,80 J1!XT TO A POIN'l' IN LJNJIl OF L<n' NO. %4; 1'IIENCE Elt'I'El'IDING ALONG LOT NO. 24l'lO'am 2lI1JEG1lEI!S Zd r.tINtI'mS 55 SECONDS weST A DtsrANCl! 01' 1-49.911'EET TO J>. l'01N'I' IN TIlE SOUJ.'HEAS'l1!ItN RlGllT OF WAY OF CANTDllVRY l>1UVB; TRIlNC\I'. ALONG CAN'l.'I!lUllll)! DJUVE ON Tm: ARC 01' A cmcu: ctJRVlNG TO TIlE LEFI' HAVING A RADroS 01' %30.09 n:E1', AN ARC LENGTH 01'80.2:2 nn TO A 1'OJNT. TID: PLACE OF BEGINNING. Commonly known as: 2245 Canterbury Drive, Title is vested in: Edward G. Schwalm and Gail M. Schwalm, husband and wife, by Deed From Rao M. Inaganti and Prameela Inaganti, husband and wife, dated 1/29/00, recorded 2/1100, Book: 215, page 740. Parcel: 42-29-2458-041 Premises: 2245 Canterbury Drive, Mechanicsburg, P A 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1173 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE P ASS-THROUGH CERTIFICATES, SERIES 2001-HE22, Plaintiff (s) From EDWARD G. SCHWALM A/K1A EDWARD A. SCHWALM A/K1A EDWARD H. SCHWALM A/K1A EDWARD SCHWALM, JR., AND GAIL M. SCHWALM A/K1A GAlL M, LEADER (I) You are directed to levy upon the property of the defendant (sland 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 attaclunent 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 atlaclunent is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $236,082.07 LL $.50 Interest FROM 5/2105 TO 917105 (PER DIEM - $38.81) - $4,967.68 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $132.66 Plaintiff Paid Date: MAY 5, 2005 Other Costs CURTIS R. LONG (Seal) ProthO~y ~ ~..~P.7f('P/?./}I;J Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 . . US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION EDWARD G. SCHWALM A/KJA EDWARD A. SCHWALM A/KJA EDWARD H. SCHWALM AlKJA EDWARD SCHWALM, JR. GAIL M. SCHWALM A/KJA GAIL M. LEADER NO. 2005-01173 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) US BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2001-HE22, 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.2245 CANTERBURY DRIVE. MECHANICSBURG. P A 17055 . I. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD G. SCHWALM AlKJA EDWARD A. SCHWALM AlKJA EDWARD H, SCHWALM AlKJA EDWARD SCHWALM, JR, 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 GAIL M. SCHWALM AlKJA 2245 CANTERBURY DRIVE GAIL M. LEADER MECHANICSBURG, PA 17055 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 BANK OF AMERICA N.A. 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410 . . 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) BENEFICIAL CDC, D/B/A BENEFICIAL MORTGAGE CO. OF PA 1634 S. MARKET STREET ELlZABETHTOWN, PA 17022 PA HOUSING FINANCE AGENCY 2101 N. FRONT STREET P,O. BOX 15530 HARRISBURG, PA 17105 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 rnay be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the staternents rnade in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false staternents herein are rnade subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 29. 2005 DATE ~~r;),;\, Q C0 ~ di:JIV\vwQJJ~ DANIEL G. SCHMIE , E"SQUIRE . Attorney for Plaintiff ,-> r? c::..'> cJt c:-r. '>-';',J -. r'J ':::'1"\ 1 (j'1 --l -, ':<1 [\1;::::, ';'}I_l_.j -'.) ".'~ .~(S~)\ '~.,:~\ r~~ ~ .'.:.;>'" ~'~ -c:" :.::; ~9 el1 N PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SIDTE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 2005-01173 EDWARD G. SCHWALM A/KJ A EDWARD A. SCHWALM A/KJA EDWARD H. SCHWALM A/KJA EDWARD SCHWALM, JR. GAIL M. SCHWALM A/KJA GAIL M. LEADER 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. --- ._~. I r-' -'-} ~-~ "" -" -o~~ ::" \ c.n C) -n ...... :.c~ C1.1r= '\1~ ..c,o ,> , ;.:')<::) ......-)-, f~~~f~~ c, :::~ ..... c~i; :-<. ~~:: _,.;a '-.9 eJ'l rV US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE22 Plaintiff, CUMBERLAND COUNTY No. 2005-01173 v. EDWARD G. SCHWALM NKJA EDWARD A. SCHWALM NKJA EDWARD H. SCHWALM NKJA EDWARD SCHWALM, JR. GAIL M. SCHWALM NKJA GAIL M. LEADER Defend.nl(s). April 29, 2005 TO: EDWARD G, SCHWALM AIKIA EDWARD A. SCHWALM AIKIA EDWARD H. SCHWALM AIKIA EDWARD SCHWALM 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 GAIL M, SCHWALM AIKIA GAIL M. LEADER 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND 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, 2245 CANTERBURY DRIVE, MECHANICSBURG. PA 17055, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 atl 0:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $236.082.07 obtained by US BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2001- HE22 (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 MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you rnust take immediate action: I. 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 rnust 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 irnproperly 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 ifthe 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. Ifthe amount due from the Buyer is not paid to the Sheriff, you will remain Ihe 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 tirne, 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 ofthe 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 imrnediately 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 mav 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 ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE 8EIl'IG KNOwN ANI) IlESIGlfATEJl AS ALL TUAT CEll.TAIN TRACT OlI.PAllCEL OF UN!) sn:tIA.Tl! ll'I'tllUl>WNSml'O'FU....EUUJtN. cotlNl'Y<lrCOl4JlaU.AND AND COMMQI'ffi'E.U.TB OJ! fPNSYLYANl.\, W1Tll AN\' lMPRCM':MBNTS!lRrer!'JI 'l'BE'ItroN. JIBING IINOwN AS LOT NO. 2J AS SHOWN ON TBEJ'lNAL JtE.Sl:IJlI)l\'QN l'1.AK or CAl'll.UJJOltl'm'ATES, PlIA.SE 1, Alll'ilEl'AImlllYR08ERTJ. nSlBjl,p.L.$. f.E., ""1) JlECOllDED IN TBR 0l'FlCE Of TIm 1UlCOlUllm OP DE&llS IN ANI) FOR CVMIIEllUND COUNTY. rmlNSVLV.oU!JA, IN SVJI)nlSJON l"LMi:llQOX 54. fAGE" BEING MllIlE FULLY BOUNDEll AND JlESCRIllEl) AS fOLLOWS, TO WID BiGINl'lING AT A )'OINT ON nDI lIE ~ lUGHr or WAY OJ' CANT1!RJlURY DlUWi (,SO JEW WlDl!), SAm l'O!NTJl):ING AT TIlE OOltND. OF LOt' NO. n; TfIJi:NCE ALONG LOT NO. 22 800m <It DlmUJlS 14 MlNUI'I!S9llECONDS fJI$f A JIIS1'~ Of' 117-'l FEE't TO A POINT IN 'l'IlELlNE Q"I' LOT NO. 1~1 'J'lmN(;J& 1;lI:11!:NI)1If(I fAll'iIALl.l' ALONG LOT NO.1' AM> P.umAU,l' .ALONG LOT 1'10.15, SOOTI1<l5 DEGRSm 39 MlNUrES IlSSBCONDS WEST A DJSTANQ; or UO.IIOFEln'TOA POINT IN LINE OF LOT NO. 24; TliENCll EX'mID1NG ALONG LOr NO. 24 NOll.TH 2. ~ 10 !IIlNtl'tIlS $S SECONDS WUT A DtsrANCl! Of 14M1 na'TO A l'01N'l' m THE SOU'I1IEASl'2RNIU<an' OF WAY OF CAN'l'BUVRY muvB;TlIIlNcr. ~G CANl'l!IUI'Olty DII.M: ON T1l& Altc OF II ClllCLE ct1ltVlNG TO'l'llE LEF'rBAVlNC A ~ or 230M)'D;f, AN ARC J.,ENGTH OFllO,:U FftT TO A 1'OlNf, TItt PLACE or BEGlNl'<<NG. Commonly known as: 2245 Canterbury Drive, Title is vested in: Edward G, Schwalm and Gail M. Schwalm, husband and wife, by Deed From Rao M. Inaganti and Prameela Inaganti, husband and wife, dated 1/29100, recorded 211/00, Book: 215, page 740. Parcel: 42-29-2458-041 Prernises: 2245 Canterbury Drive, Mechanicsburg, P A 17055 ~,'" -' (-:1 -" ...-\ 1",:'-(", r~~~,~B ->,(:1 '.,;l}>~,:\ -)' ';:.\, -,~~ <) 'f"-" c,-::',-' c~, <P ?;: ~~ \ U' o..;'? :2 V' \--.,) PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19t03-18t4 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 20Ot-HE22 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 2005-01] 73 EDWARD G. SCHWALM AlKlA EDWARD A. SCHWALM AlKI A EDWARD H. SCHWALM AfKj A EDWARD SCHWALM, JR. GAIL M. SCHWALM A/KIA GAIL M. LEADER Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendants, EDWARD G. SCHWALM A/K1A EDWARD A. SCHWALM A/KIA EDWARD H, SCHWALM A/KJA EDWARD SCHWALM, JR. and GAIL M. SCHWALM AlKJA GAIL M. LEADER, by certified mail and regular mail to 2245 CANTERBURY DRIVE, MECHANICSBURG, PA 17055, and in support thereof avers the following: l. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for SEPTEMBER 7,2005. 2. Pennsylvania Rule of Clvil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3. Attempts to serve Defendants with the Notice of Sale have been unsuccessful, as indicated by the Returns of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R,C.P., Rule 430 by certified and regular mail to 2245 CANTERBURY DRIVE, MECHANICSBURG, PA. PHELAN HALLINAN & SCHMIEG, LLP By OCANJ->> JJ. .6Jvvw-"--'V DANIEL G. SCHMIEG, ESQUIRE \) Attorney for Plaintiff ~'" AFFIDAVIT OF SERVICE CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001- HE22 SMC No. 2005-011 73 ACCT. #4000854606 DEFENDANT(S) EOW ARD G. SCHWALM AlKlA EDWARD A. SCHWALM AlKl A EOW ARO H. SCHWALM AlKlA EDWARD SCHWALM, JR. GAIL M. SCHWALM AlKlA GAIL M. LEADER Type of Action - Notice of Sheriff's Sale SERVE EDWARD G. SCHWALM AIKlA EDWARD A. SCHWALM AlKlA EOW ARD H. SCHWALM AlKlA EDWARD SCHWALM, JR. AT 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 Sale Date: SEPTEMBER 7, 2005 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock_.m., at , 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 oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company, Other: Description: Age_ Height_ Weight _ Race Sex Other I, , 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 tbe captioned case on the date and at the address indicated above. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES, INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the eli day of ;/.<>1 / Moved Unknown 1" Attempt: 1 1 3rd Attempt: 1 1 NOT SERVED .,-- , 200~, at .3: ;l8o'c!ock -fm., Defendant NOT FOUND because: 1 Vacant No Answer Time: 2nd Attempt: 1 1 Time: Time: Sworn to and su~cted before this ~ of ';l> , 200~. , Notary' " CCi}},.), C Allom.v for Plainbf,! /- ~ ~ 0 Daniel G. Schmieg, Esquire - I,D, No. 62205 NOTARIAL~ t\JCI.LE H. CAR1Y,~ My T==Nlw.1~ By:~i , I PLAINTIFF AFFIDAVIT OF SERVICE CUMBERLAND COUNTY US BANK NA TlONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001- HE22 SMC No. 2005-01173 ACCT. #4000854606 DEFENDANT(S) EDWARD G. SCHWALM AlKlA EDWARD A. SCHWALM A/KIA EDWARD H. SCHWALM AlKlA EDWARD SCHWALM, JR. GAIL M. SCHWALM AIKIA GAIL M. LEADER Type of Action - Notice of Sherifrs Sale SERVE GAIL M. SCHWALM AlKlA GAIL M. LEADER AT 2245 CANTERBURY DRIVE MECHANICSBURG, PA t7055 Sale Date: SEPTEMBER 7, 2005 SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock _,m., at , 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 oflodging in which Defendant(s) reside(s). Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company, Other: Description: Age_ Height_ Weight _ Race Sex Other I, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe 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. Sworn to and subscribed before me this ~ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED Moved ;t{(} f ! Unknown , 200 5,"'at 3 ;;l B o'clock fm., Defendant NOT FOUND because: $ Vacant On the 8Jt. day of No Answer 1 st Attempt: 1 1 Tirne: 2nd Attempt: 1 1 Time: 3rd Attempt: 1 / Time: Sworn to and subscril;ed before V''i this .tJi'!. d9-- {ffk ~ of !!1'61 , 200 b- NotarY~ ~ By: .Mb Attornev for Plaintiff t-- Daniel G. Schmieg, Esquire - I.D. No. 62205 NOTARIAL" - UJCIl.LE H. CARTY. =NII My ~,**1= # FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 112610 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Edward Schwalm & Gail Schwalm Current Address: 2245 Canterbury Drive, Mechanicsburg, PA 17055 Property Address: 2245 Canterbury Drive, Mechanicsburg, PA 17055 Mailing Address: 2245 Canterbury Drive, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Edward Schwalm -174-32-5987 Gail Schwalm - 202-52-0566 B. EMPLOYMENT SEARCH Edward Schwalm & Gail Schwalm - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Edward Schwalm & Gail Schwalm reside(s) at: 2245 Canterbury Drive, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Edward Schwalm & Gail Schwalm reside(s) at: 2245 Canterbury Drive, Mechanicsburg, PA 17055. On 2/15/05 our office made a telephone call to the subject's phone number, (717) 796-1554 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 2/15/05 our office attempted to contact David K. Morris, at 2247 Canterbury Drive, Mechanicsburg, PA 17055 and received the following information; spoke with an unidentified female who confirmed that the subjects reside(s) at 2245 Canterbury Drive, Mechanicsburg, PA 17055. N. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 2/15/05 we reviewed the National Address database and found the following information: Edward Schwalm & Gail Schwalm- 2245 Canterbury Drive, Mechanicsburg, PA 17055. . B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Edward Schwalm & Gail Schwalm. VI. OTHER INQUIRIES A DEATH RECORDS As of 2/15/05 Vital Records and all public databases have no death record on file for Edward Schwalm & Gail Schwalm. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Edward Schwalm & Gail Schwalm residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A DATE OF BIRTH Edward Schwalm - 1959 Gail Schwalm - 1959 B. AKA Edward Schwalm, Jr. AKA Edward H. Schwalm AKA Edward A Schwalm AKA Edward G. Schwalm and Gail M. Schwalm AKA Gail M. Leader . All accessible public databases have been checked and cross-referenced for the above named individual(s). . Please be advised all database information indicates the subject resides at the cnrrent address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing slates made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S, See. 4904 relating to unsworn falsification to authorities. ~ / AFFIANT - Brendan Booth Foreclosure Review Services, Inc. COMMO\";\I""E~~~~,~;:"ENNSYLVA.N.tA. !,;i:)T.I:,Hi.::'L "":~"':"""'\"'~J ~..;".p,!,'.,c ~;'iAN'? !~~,:.,;._\i\N """, -- ~ (:;'/ ':f f;Or;:: ',ie;p)'~" ~::W8_ County My C;!"I'{r1~i's,.w;\~,'\.:-~~F;~;"De,Cemb(;r 21 , 2008 c-~~. -tr~ Sworn to and subscribed before me this 15'h day of February 2005. The above information is obtained from available public records and we are only liable for the cost of the affidavit. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney LD. No,: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HEn Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 2005-01173 EDWARD G. SCHWALM NKfA EDWARD A. SCHWALM NKJA EDWARD H. SCHWALM NKJA EDWARD SCHWALM, JR, GAIL M, SCHWALM NKJA GAIL M. LEADER Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises. Specifically, Pa.R.C.P., Rule 3129.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129,1. (1) Service of the Notice shall be made: (i) upon a defendant. .. (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule addresses set forth in the affidavit; or 403 to the (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court. Because the whereabouts of Defendants, EDWARD G. SCHWALM NKJA EDWARD A, SCHWALM NKJ A EDWARD H. SCHWALM AIK! A EDWARD SCHWALM, JR,and GAIL M, SCHWALM NKJA GAIL M. LEADER, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.R,C.P, 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be rnade under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accornpanied by an affidavit stating the nature and extent of the investigation which has been rnade to determine the whereabouts of the defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 c.P.R. Part 265, (2) inquiries of relatives, neighbors, friends and ernployers of the defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavits of Return of Service, rnarked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts of the Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service ofthe Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 2245 CANTERBURY DRNE, MECHANICSBURG, PA 17055. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: ~ Jj.. <\~ DANIEL G. SCHMIEG, ESQU E Attorney for Plaintiff VERIFICA nON DANIEL G, SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: Mav 13, 2005 _~~ JJ. ll~ DANIEL G. SCHMIEG, E~IRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO. 2005-01173 EDWARD G. SCHWALM NKJA EDWARD A. SCHWALM NKJA EDWARD H. SCHWALM NKJ A EDWARD SCHWALM, JR. GAIL M. SCHWALM NKJ A GAIL M. LEADER Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned rnatter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below. EDWARD G. SCHWALM ArKJA EDWARD A. SCHWALM ArKJA EDWARD H. SCHW ALM A/KJA EDWARD SCHWALM, JR. GAIL M. SCHWALM A/KJ A GAIL M. LEADER 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 D~ ().!JJ.. ;,~ Daniel G. Schrnieg, Esquire Attorney for Plaintiff Date: May 13. 2005 Phelan Hallinan & Schmieg, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103-1814 Phone (215) 563-7000 Fax (215) 563-5534 Casselda Johnson, Legal Assistant Sales Department Representing Lenders in Pennsylvania and New Jersey EDWARD G. SCHWALM AIKIAEDWARDA. SCHWALMAlK/AEDWARDH. SCHWALM AlK/A EDWARD SCHWALM GAIL M. SCHWALM AIKI A GAIL M. LEADER 2245 CANTERBURY DRNE MECHANICSBURG, P A 17055 Re: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 vs. EDWARD G. SCHWALM AIKI A EDWARD A. SCHWALM AIKI A EDWARD H. SCHWALM AIKI A EDWARD SCHWALM, JR. and GAIL M. SCHWALM AIKI A GAIL M. LEADER No. 2005-01173 Prernises: 2245 CANTERBURY ORNE, MECHANICSBURG, PA 17055 Dear Sir/Madam: Enclosed please find Plaintiffs Motion for Service of Notice of Sale Pursuant to Special Order of Court and proposed Order. Very truly yours, ~) (\ BY( <i<l.!Y--2_li.tL~'U P U;;t Casselda Johnson . ------ (-) , , ~-n :? ,;~ c f ,) Cj .".. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No,: 62205 One Penn Center Plaza, Suite 1400 Plliladelpllia, PA t9103-18t4 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE fOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIfICATES, SERIES 2001-HE22 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff ClV1L DlVISION v, NO. 2005-01173 EDWARD G. SCHWALM AlK/ A EDWARD A. SCHWALM AlK/A EDWARD H. SCHWALM AiK/A EDWARD SCHWALM, JR GAIL M. SCHWALM AlK/AGAIL M, LEADER Defendants MOTtON FOR SERVICE OF NOTtCE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan HaHlnan & Schmieg, LLP, petitions this Honorable Court for an Order directing service of the Notice of Sale upon the above-captioned Defendants, EDWARD G, SCHWALM AlKlA EDWARD A. SCHWALM A/KIA EDWARD H. SCHWALM AlKlA EDWARD SCHWALM, JR. and GAIL M. SCHWALM AlKlA GAIL M. LEADER, by certified mail and regular mail to 2245 CANTERBURY DRIVE, MECHANICSBURG, PA I 7055, and in support thereof avers the following: 1. A Sheriffs Sale of the mortgaged property involved herein has been scheduled for SEPTEMBER 7,2005. 2. Pennsylvania Rule of Civil Procedure (Pa.R.C.P.) 3129.2 requires that the Defendants be served with a notification of Sheriffs Sale at least thirty (30) days prior to the scheduled sale date. 3-. Attempts to serve Defendants with the Notice of Sale have been unsuccessful, as indicated by the Returns of Service attached hereto as Exhibit "A". 4. Pursuant to Pa.R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendants. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exh,bit "B". WHEREFORE, Plaint,ffrespectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P" Rule 430 by certified and regular mail to 2245 CANTERBURY DRIVE, MECHANICSBURG, PA. PHELAN HALLINAN & SCHMIEG, LLP By: O~JJ,}j~ DANIEL G. SCHMIEG, ESQUIRE ~ Attorney for Plaintiff ~". AFFIDAVIT OF SERVICE CUMBERLAND COUNTY US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001- HE22 SMC No. 2005-01173 ACCT. #4000854606 DEFENDANT(S) EDWARD G. SCHWALM AiK/A EDWARD A. SCHWALM AiK/A EDWARD H. SCHWALM AlK/A EDWARD SCHWALM, JR. GAIL M. SCHWALM AiK/A GAIL M. LEADER Type of Action - Notice of Sheriffs Sale SERVE EDWARD G. SCHW ALM A!KI A EDWARD A. SCHWALM A!KIA EDWARD H. SCHWALM A!KIA EDWARD SCHWALM, JR. AT 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 Sale Date: SEPTEMBER 7,2005 SERVED Served and made known to , Defendant, on the day of ,200_, at ,o'clock~.m., at , Commonwealth of PelU1Sylvania, in the manner described below: Defendant personal! y served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place oflodging 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 _ Weight _ Race Sex Other I, , 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, Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. On the &14 day of ;I'dl / Moved Unknown 1 st Attempt: 1 / 3rd Attempt: 1 1 NOT SERVED "..-- ,200~, at 3: ;ISo'clock -Fro., Defendant NOT FOUND because: 1 Vacant No Answer Time: 2nd Attempt: 1 1 Time: Time: Sworn to and su~cted before this ~ of , , 200~. Notary . ~/ b,., C Attornev for PI~intif! ~6 Daniel G. Schmieg, Esquire - I.D. No. 62205 NOTARlALSEAL UJCUE H. CARTY. = NIle My T:=Nov.1~ By:~j , AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001- HE22 SMC No. ZOOS-OIl73 ACCT. #4000854606 DEFENDANT(S) EOW ARD G. SCHWALM AJKI A EOW ARD A. SCHWALM A/K/ A EOW ARD H. SCHWALM AJK/A EDWARD SCHWALM, JR. GAIL M. SCHWALM AJKIA GAIL M. LEADER Type of Action - Notice of Sheriff's Sale SERVE GAIL M. SCHWALM A/K/A GAIL M. LEADER AT 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 Sale Date: SEPTEMBER 7, ZOOS SERVED Served and made known to , Defendant, on the day of ,200_, at , o'clock_.m, at , 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 oflodging 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 _ Weight_ Race Sex Other I, , 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. Sworn to and subscribed before me this _ day of ,200_. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the t!3,Jf. day of J1() f ! Moved Unknown 1st Attempt: 1 1 ,200 S,"'at 3; .;l6 o'clock fm., Defendant NOT FOUND because: No Answer ---$.- Vacant Tirne: Znd Attempt: / 1 Time: 3rd Attempt: 1 / Time: Sworn to and subscril;ed before Y'x this ~d~ (jk of JVI'P -I , 200 ~, NotarY~ ~ By: ~ /J ~ Attornev lor Plaintiff ~ Daniel G, Schmieg, Esquire - LD. No. 62205 NOTARIAI.lIM. "'" I.lJClUE H. CARTY, =NII My ~Nov.1O~ ~ FORECLOSURE REVIEW SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 112610 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Edward Schwalm & Gail Schwalm Current Address: 2245 Canterbury Drive, Mechanicsburg, PA 17055 Property Address: 2245 Canterbury Drive, Mechanicsburg, P A 17055 Mailing Address: 2245 Canterbury Drive, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Edward Schwalm -174-32-5987 Gail Schwalm - 202-52-0566 B. EMPLOYMENT SEARCH Edward Schwalm & Gail Schwalm - A review of the credit reporting agencies provided no employment inforrnation. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Edward Schwalm & Gail Schwalm reside(s) at: 2245 Canterbury Drive, Mechanicsburg, PA 17055. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Edward Schwalm & Gail Schwalm reside(s) at: 2245 Canterbury Drive, Mechanicsburg, P A 17055. On 2/15/05 our office made a telephone call to the subject's phone number, (717) 796-1554 and received the following information: answering machine. III. INQUIRY OF NEIGHBORS On 2/15/05 our office attempted to contact David K. Morris, at 2247 Canterbury Drive, Mechanicsburg, PA 17055 and received the following information; spoke with an unidentified female who confirmed that the subjects reside(s) at 2245 Canterbury Drive, Mechanicsburg, PA 17055. lV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 2/15/05 we reviewed the National Address database and found the following information: Edward Schwalm & Gail Schwalm- 2245 Canterbury Drive, Mechanicsburg, PA 17055. . B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehides, we were unable to obtain address information on Edward Schwalm & Gail Schwalm. VI. OTHER INQUIRIES A DEATH RECORDS As of 2/15/05 Vital Records and all public databases have no death record on file for Edward Schwalm & Gail Schwalm. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Edward Schwalm & Gail Schwalm residing at: last registered address, VII. ADDITIONAL INFORMATION OF SUBJECf A. DATE OF BIRTH Edward Schwalm - 1959 Gail Schwalm - 1959 B. AK.A. Edward Schwalm, Jr. AKA Edward H. Schwalm AKA Edward A Schwalm AKA Edward G. Schwalm and Gail M. Schwalm AKA Gail M. Leader . All accessible public databases have been checked and cross-referenced for the above named individual(s). . Please be advised all database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I herby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa e.S. Sec. 4904 relating to unsworn falsification to authorities. ~ COMMONW~~~;~~,~,F;~Z~NSYLV^NIA /" ~~ 'rt-~ FY,\NP C,L,',,-'/g'ji";OF;::-y~ut\\c AFFIANT - Brendan Booth . /c\ 0';'" ety" P'I,,,,"pt,,, f't"<<'- Lounty Foreclosure Review Services, Inc. My co!~n~;'~sl:)i','~,';,~,,~:;"r::~cembef 21, 20G8 Sworn to and subscribed before me this 15th day of February 2005. The above information is obtained from available public records and we are only liable for the cost of the affidavit. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G, SCHMIEG, ESQUIRE Attorney J.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE22 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION v. NO. 2005-01173 EDWARD G. SCHWALM NKfA EDWARD A, SCHWALM NKJA EDWARD H, SCHWALM NKJA EDWARD SCHWALM,IR, GAIL M, SCHWALM NKJA GAIL M. LEADER Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129.2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises, Specifically, Pa.RC.P" Rule 3 I 29.2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129.1. (I) Service of the Notice shall be made: (i) upon a defendant.. . (A) by the sheriff or by a competent adult in the manner prescribed by Ru]e 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule addresses set forth in the affidavit; or 403 to the (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the COllli. Because the whereabouts of Defendants, EDWARD G. SCHWALM NKJA EDWARD A, SCHWALM NKlA EDWARD H. SCHWALM NKJA EDWARD SCHWALM, JRand GAIL M. SCHWALM NKJ A GAIL M, LEADER, are unknown, a reasonable investigation of their last known address was made in accordance with Pa.RC.P, 430(a). Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be rnade under the applicable rule the Plaintiff may move the court for a special order directing the rnethod of service. The rnotion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been rnade to determine the whereabouts of the defendant and the reasons why service cannot be rnade. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealrnent. Gonzales vs.Polis, 238 Pa.Super. 362, 357 A.2d 580 (1976). Notice of intended adoption rnailed to last known address requires a good faith effort to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (I) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavits of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice of Sale. A good faith effort to discover the whereabouts ofthe Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B". WHEREFORE, Plaintiffrespectfully requests that the allowance of service of the Notice of Sale in accordance with Pa.R.C.P., Rule 430 by certified and regular mail to 2245 CANTERBURY DRIVE, MECHANICSBURG, PA 17055. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP By: ~)j.. 1\, 1.._: D~ DANIEL G. SCHMIE~ Attorney for Plaintiff VERIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief. The undersigned also understands that this statement herein is rnade subject to the penalties of 18 Pa. Sec. 4904 relating to unsworn falsification to authorities. Date: May 13. 2005 ~~)J. ))~ DANIEL G. SCHMIEG, ~IRE PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff v. NO. 2005-01173 EDWARD G. SCHWALM A!K/A EDWARD A. SCHWALM A!K/A EDWARD H. SCHWALM A!K/A EDWARD SCHWALM, JR. GAIL M. SCHWALM NK/ A GAIL M. LEADER Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class rnail, postage prepaid to the following interested parties on the date indicated below. EDWARD G. SCHWALM AlK/A EDWARD A. SCHWALM AlK/A EDWARD H. SCHWALM AlK/A EDWARD SCHWALM, JR. GAIL M. SCHWALM AlK/ A GAIL M. LEADER 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 D~ tj. JJ~ Daniel G. Schmieg, EsqUIre Attorney for Plaintiff Date: Mav 13. 2005 Phelan Hallinan & Schmieg, LLP Suite 1400 One Penn Center Plaza Philadelphia, P A 19103-1814 Phone (215) 563-7000 Fax (215) 563-5534 Casselda Johnson, Legal Assistant Sales Department Representing Lenders in Pennsylvania and New Jersey EDWARD G. SCHWALM AIKIA EDWARD A. SCHWALM NKlA EDWARD H. SCHWALM AIKI A EDWARD SCHWALM GAIL M. SCHWALM AIKI A GAIL M. LEADER 2245 CANTERBURY DRNE MECHANICSBURG, PA 17055 Re: US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 vs. EDWARD G. SCHWALM AIKI A EDWARD A. SCHWALM AIKI A EDWARD H. SCHWALM AIKI A EDWARD SCHWALM, JR. and GAIL M. SCHWALM A/KJ A GAIL M. LEADER No. 2005-01173 Prernises: 2245 CANTERBURYDRNE, MECHANICSBURG, PA 17055 Dear SirlMadam: Enclosed please find Plaintiff's Motion for Service of Notice ofSaJe Pursuant to Special Order of Court and proposed Order. Very truly yours, (? ~ By. ~{LtC...' UPt'1l. Cas selda Johnson . ------- [') (j -;-1 :.::1 c' ( .) C) - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS. THROUGH CERTIFICATES, SERIES 2001-HE22 RECEIVED MAY 172005'(1' CIVIL DIVISION NO. 2005-01173 Plaintiff v. EDWARD G. SCHWALM NK/A EDWARD A. SCHWALM NK/A EDWARD H. SCHWALM NK/A EDWARD SCHWALM, JR. GAIL M. SCHWALM NK/ A GAIL M. LEADER Defendants ORDER AND NOW, this ~ day of ~_, 2005, upon consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ORDERED that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendants, EDWARD G. SCHWALM NK/A EDWARD A. SCHWALM NKIA EDWARD H. SCHWALM NK/A EDWARD SCHWALM, JR. and GAIL M. SCHWALM NK/ A GAIL M. LEADER, by rnailing a true and correct copy of the Notice of Sale by certified rnail and regular rnailto 2245 CANTERBURY DRIVE, MECHANICSBURG, PA 17055. Service of the aforementioned mailings is effective upon the date of mailing and is to e done by Plaintiff's attorney, who will file with the Prothonotary's Office an Affida~~. / p /' "",.p-:.. r / .' BY ~OURT:/ 'i(__ J. ----.. t, ~l ' i ~ ;.1 -'.; ^' <}; '. \'J j~-j~ \!' ":, ,1 -----.--.---------- .---------------- -- ,. '... PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO. 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COURTOFCO~ONPLEAS CIVIL DIVISION US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH No.: 2005-01173 CERTIFICATES, SERIES 2001-HE22 vs. EDWARD G. SCHWALM NKlA EDWARD A. SCHWALM NKlA EDWARD H. SCHWALM NK./A EDWARD SCHWALM GAIL M. SCHWALM NK./ A GAIL M. LEADER AFFIDAVIT I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to EDWARD G. SCHWALM A/KJA EDWARD A. SCHWALM A/KJA EDWARD H. SCHWALM A/KJA EDW ARD SCHWALM and GAIL M. SCHWALM A/KJA GAIL M. LEADER on 6/3/05 at 2245 CANTERBURY DRIVE, MECHANICSBURG, P A 17055, in accordance with the Order of Court dated 5/18/05. The undersigned understands that this statement is made subject to the penalties of 18 P A C.S. s 4904 relating to unsworn falsification to authorities. f)~G.~J~ DANIEL G. SCHMIEG, ESQUIRE {] Date: June 10, 2005 ~~ :;~- -.\ -<. r-> = = cJl C- c: :;E~ o 11 :t.""" rnp -:"l1I1 ~1JY '-)0 $i.:Ii ";;,, J orn --I ~b =-< w ::D" :::r;:: C5 .. s:- .r;:- IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION, ) CNIL ACTION AS TRUSTEE FOR THE HOLDERS OF ) THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES 2001-HE22 vs. ) CIVIL DNISION ) NO. 2005-01173 EDWARD G. SCHWALMNK/A EDWARD A. SCHWALM NK/A EDWARD H, SCHWALM NK/A EDWARD SCHWALM GAIL M. SCHWALM NK/ A GAIL M. LEADER AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for US BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES. SEIUES 20ot-HE22 hereby verify that on 5/4/05 true and correct copies of the Notice of Sheriff's sale were served by certificate of rnailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. c. / DANIEL G. S~3lJMIEG, Attorney for Plaintif DATE: August 2,2005 US BANK NATIONAL ASSOCIA nON, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE P ASS-THROUGH CERTIFICATES, SERIES 2001-HE22 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVJIL DIVISION EDWARD G. SCHWALM AfKIA EDWARD A. SCHWALM AfKIA EDWARD H. SCHWALM AfKIA EDWARD SCHWALM, JR. GAIL M. SCHWALM AfKIA GAIL M. LEADER NO. 2005-01173 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) US BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 200t-HE22. 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 .2245 CANTERBURY DRIVE. MECHANICSBURG. P A t7055 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascettained, please indicate) EDWARD G. SCHWALM AfK!A EDWARD A. SCHWALM AlKlA EDWARD H. SCHWALM AlKlA EDWARD SCHWALM, JR. 2245 CANTERE:URY DRIVE MECHANICSBURG, P A 17055 GAIL M. SCHWALM AlKlA 2245 CANTERBURY DRIVE GAIL M. LEADER MECHANICSBURG, PAl 7055 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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 BANK OF AMERICA N.A. 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410 4. Name and address of last recorded hoOlder of every moOrtgage of recoOrd: Name Last KnoOwn Address (if address cannot he reasonably ascertained, please indicate) BENEFICIAL CDC, D/B/A BENEFICIAL MORTGAGE CO. OF PA 1634 S. MARKET STREET ELlZABETHTOWN, PA 17022 PA HOUSING FINANCE AGENCY 2101 N. FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105 5. Name and address oOf every other perSoOn whoO has any recoOrd Ilien on the proOperty: Name Last Known Address (if address CaruK>! fh reasonably ascertained, please indicate: None 6. Narne and address of every oOther person who has any recoOrd interest in the property al"- i I '" interest rnay be affected by the sale. Name Last KnoOwn Address (if address cannol reasoOnably ascertained, please indica'e, None 7. Narne and address oOf every oOther persoOn oOfwhoOrn the plaintiff has knowledge who (WI 'II in the property which may be affected by the sale: Narne Last KnoOwn Address (if address canl'." " reasoOnably ascertained, please indict' ( Tenant/Occupant 2245 CANTE:RBURY DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, IP A 17105 I verify that the statements made in this affidavit are true and CoOrrect toO the best' j " knoOwledge oOr infoOrmatioOn and belief. I understand that false staternents herein are lD''''\' penalties ofl8 Pa. C.S. Sec. 4904 relating toO unSWoOrn falsification to authorities. J~~Q ~) (1/1' q rIA^, ," "\ DANIELG. SC~,\ AttoOrney for Plaintiff ' Auri129. 2005 DATE ",... n . -t. n ~~ \ ;:;, ..: ;:;; 'N ::: '0 >0 ~... rg'El e>t ~ "/-t. ~"" ~\ :J>.~ t~ ~8 ~;1' " C) \\~ i~ ~~ ('l~ ~a > a~ 'El e.~ ~ \ ~ 9. rP \ ~ ~. ~ ~ ~ :J> 'El ~ ~ ;1l rP ~ ~ r. 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IHi. r. ~"'!:JiiiiitiII!!:- ; "kv"- ""N<'......... 02 1A $ 02.100 0004000311 MAy04 2005 MI<\U:.OfROtll ZlPCOOE 1 S1 03 ~..~..,~- ... 2 ';;;i ~ = -~ "" <- ~::o -oEfi ~ rnl" 1":' Z:Ll r: t',S: I ~~ ~t, \J:] ? -. ~ ::r.::B ~8 00 z - om c: - ~ "" <.M ~ N US Bank National Association, as Trustee For the Holders of the CSFB Mortgage Pass-Through Certificates, Series 2001-HE22 VS Edward G. Schwalm a!kJa Edward A. Schwalrn a!kJa Edward H. Schwalm a!kJa Edward Schwalrn and Gail M, Schwalrn a!kJa Gail M. Leader The Court ofCornmon Pleas of Cumberland County, Pennsylvania Writ No. 2005-1173 Civil Term Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 01, 2005 at 8:19 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 defendants, to wit: Edward G. Schwalm a/k/a Edward A Schwalm a/k/a Edward H. Schwalrn a/k/a Edward Schwalm and Gail M. Schwalrn a!kJa Gail M. Leader, by making known unto Edward G. Schwalm, personally and for Gail M. Schwalrn a!kJa Gail M. Leader, at 117 Kirn Acres Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same tirne handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 13, 2005 at 7:35 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 Edward G. Schwalm a/k/a Edward A Schwalrn a/k/a Edward H. Schwalrn a!kJa Edward Schwalm and Gail M. Schwalrn a!kJa Gail M. Leader, located at 2245 Canterbury Drive, Mechanicsburg, Pennsylvania, according to law. R. Thornas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following rnanner: The Sheriff rnailed a notice of the pendency of the action to the within named defendants, to wit: Edward G. Schwalrn a!kJa Edward A. Schwalrn a/k/a Edward H. Schwalm a!kJa Edward Schwalrn and Gail M. Schwalrn a/k/a Gail M. Leader, by regular mail to their last known address of 117 Kim Acres St., Mechanicsburg, P A 17055. These letters were rnailed under the date of July 0 I, 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 Schmieg. Sheriffs Costs: Docketing 30.00@Poundage 18.56 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 19.20 Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills 2.55 15.00 30.00 425.00 356.78 18.20 $ 946.79 Sworn and subscribed to before me C~:K~-r~ "'K. Thornas Kline, Sheriff BY~ 'i~ Real EstatAergeant 2005, A.D. ~ I.~-O CJe..... 5'/07/ ~, Ie, P 77 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 200I-HE22 ~ CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION EDWARD G. SCHWALM A/KJA EDWARD A. SCHWALM AlKJA EDWARD H. SCHWALM A/KJA EDWARD SCHWALM, JR, GAIL M. SCHWALM A/KJA GAIL M. LEADER NO. 2005-01173 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22, 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 ,2245 CANTERBURY DRIVE. MECHANICSBURG. P A 17055 . I. Name and address of Owner(s) or reputed Owner(s): Narne Last Known Address (if address cannot be reasonably ascertained, please indicate) EDWARD G. SCHWALM AlKlA EDWARD A, SCHWALM AlKlA EDWARD H. SCHWALM AlKlA EDWARD SCHWALM, JR. 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 GAIL M. SCHWALM AlKlA 2245 CANTERBURY DRIVE GAIL M. LEADER MECHANICSBURG, P A 17055 2. Name and address ofDefendant(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) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 BANK OF AMERICA N.A. 4161 PIEDMONT PARKWAY GREENSBORO, NC 27410 4. Name and address of last recorded holder of every rnortgage of record: A Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CDC, D/B/A BENEFICIAL MORTGAGE CO. OF PA 1634 S. MARKET STREET ELIZABETHTOWN, PA 17022 P A HOUSING FINANCE AGENCY 2101 N. FRONT STREET P,O, BOX 15530 HARRISBURG, PA 17105 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 ofwhorn 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 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best ofrny personal knowledge or information and belief. I understand that false staternents herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. "~fl~,Q CV ~~./ DANIEL G. SCHMIE , ESQUIRE . Attorney for Plaintiff April 29, 2005 DATE , US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS- THROUGH CERTIFICATES, SERIES ZOOI-HEn Plaintiff, CUMBERLAND COUNTY No. 2005-01173 v, EDWARD G. SCHWALM A/KJA EDWARD A. SCHWALM A/KJA EDWARD H, SCHWALM A/KJA EDWARD SCHWALM, JR. GAIL M. SCHWALM A/KJA GAIL M, LEADER Defendant(s). April 29, 2005 TO: EDWARD G. SCHWALM AIKlA EDWARD A. SCHWALM AIKlA EDWARD H. SCHWALM AIKlA EDWARD SCHWALM 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 GAlL M. SCHWALM AIKlA GAlL M. LEADER 2245 CANTERBURY DRIVE MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMAnON OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND 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. 2245 CANTERBURY DRIVE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriff's Sale on SEPTEMBER 7. 2005 at 10:00 a.rn. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $236.082.07 obtained by US BANK NATIONAL ASSOCIATION. AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES. SERIES 2001- HE22 (the mortgagee) against you. In the event the sale is continued, an announcernent will be made at said sale in compliance with PaRC.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 rnust take immediate action: I. 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 rnust pay, you may call: (215) 563-7000. 2. You rnay be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was irnproperly entered. You rnay also ask the Court to postpone the sale for good cause. 3. You rnay 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. I. 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 rnay call (717) 240-6390. 4. rfthe 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 rernain 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 rnaybe entitled to a share of the rnoneywhichwas paid for your house, A schedule of distribution ofthe rnoney 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 rnoney 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 rnay also have other rights and defenses, or ways of getting your horne 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 mav 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 , 1lEItiG. :KN()Wl(ANI) *GKA~.A$ .u..b~T CJlltrAINTJlAC'I'oa1>~ OF LANfi $l1'OA.'nl IN TDTOWNlBlf oJ'lll'I!la~CQVll'l'Y OJ'cnu-~.um ~TII.OF1'Ji:MoI~rAIolLt,'WfI.'!l,u.ry.bml~~.T$tImN. Jl~ JI:NOWN U.LOI'NO. 2' ASSllOWN()f( Tlmft'lALu.stJBDI\'lS[f)PJ.ANOI' ~DTA~ rmsE.i.ASl"IUn'.\ItEDBYB.OIlIltTUJ~~.L,5;.I'.&..\fool> ~1N'l1m.Ol'fl(:J;Ol"_~OFDEEDSINAl'lII.F01l:~ Coutn'Y.I'1!NNSVLY~IN~rw.NlIOOIt$4.I'AGE" __I(()U fULLy BOUNDED AND JmSCRI!lED M FQLtQws,1'O W1Tl . . lIEGlNNIl'IG AT A fQllU-ON'l'IiB.$OtJTIIE.\S1'I! ~1Il' OFW.AY OJ'CANI1!lIIIVRY DJlIVI; (5UEWWJttll), llAJI)J.Ii:lIrft'>>~ A.TTS COIl!l!ltOF Len NO. ~'.'lllItlQ .u.mlG.LOT NO.. 2% $PIl'm"'~$14~,"RCOMlI$'EMl' A.'IIIS1"ANC/:; 01' llU3~ TOA 1'OJNT1l'C'fBI;I:JNEQli'LOI'.NO..l~'J'Jll!NCI&~Jl'fG'''''TLw.Y AI.ONGwrNO.l'~~~Y AloQt{GIm'NO..Uo SOtlTBU.lDIGIlftSJ9 MINUl.'ES 05"~WESTAIIIS1"AliCCOFUIMllIoJD't'1'OUOINTJ!lI LINE OFWl'NO. ~ 'OIllNC&~.t.4)l'fG I.O'l'Jl(tt24~TIl1t~~MlNtl't1lUSSECONnS WI:$1'....J)rsrANCEOF:~~._T():A~Il'ITBE~1tI..OFWAY OJ'~V1l:Y:DIUVB;~'~~DlUVEON''tIIEAll.COT A ClllCLt; ctlJtYtNG'IO_l$'lSAnliGA'JIA:Dl1l$OI' %39MFDlT, AN A.ll.C,l&NCiTIl OF 1lO.# ntt'fQ A 1'OJNT, TlIli:-l'Uc&QVUOlNNlNG. Commonly known as: 2245 Canterbury Drive, Title is vested in: Edward G. Schwalm and Gail M. Schwalm, husband and wife, by Deed From Rao M. inaganti and Prameela Inaganti, husband and wife, dated 1/29/00, recorded 21IiOO, Book: 215, page 740. Parcel: 42-29-2458-041 Premises: 2245 Canterbury Drive, Mechanicsburg, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1173 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 200I-HE22, Plaintiff (,) From EDWARD G. SCHWALM A/KJA EDWARD A. SCHWALM A/KJA EDWARD H. SCHWALM A/KJA EDWARD SCHWALM, JR., AND GAIL M, SCHWALM A/KJA GAIL M, LEADER (1) You are directed to levy upon the property of the defendant (,)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 $236,082.07 L.L. $,50 Interest FROM 5/2/05 TO 917105 (PER DIEM - $38,81) - $4,967.68 AND COSTS Atty's Cornm % Due Prothy $1.00 Atty Paid $132.66 Other Costs Plaintiff Paid Date: MAY 5, 2005 CURTIS R. LONG (Seal) Prothonotary '-llv A~L r 7f-J?/2/r,~ Deputy REQUESTING PARTY: Name DANIEL G, SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F, KENNEDY BLVD" SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No, 62205 Real Estate Sale #38 On May 11, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 2245 Canterbury Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 11, 2005 By:c;j t)~ SMiiL. Real Estate Deputy ~ &::\til ~ ~ Dt :Z d S- ml SOOZ \'d ','"L';i,\j.' ,'.:..- J.:I!if-J\E . "J ~::;: , . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Connnonwealth 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 Connnonwealth 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 virtne 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 Miscellan us Book "M", Volume 14, Page 317. COpy S ALE #38 Sworn to and NOTARY PUBLIC My connnission expires June 6, 2006 PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 356.78 REAL E81lmE SALE No. 38 .........U73 CtwIl 'ftIrm USIl8nl<""" -... ~forlhe HaIdIra OIlhe CSF8 =: f 'J:;.Tlwough 2OO1-HE22 v. 1:dwIIrd G. Schwalm _ _ A. ScIIWaIIn a/IIIa~H.- __ Sc:hw8Im . and GilH U. SeI........ _Gall M."- AIIV: -SchrnIeg DESCRIP110N BEING KNOWN aod dcsign-oated .. all tbat certai.n.ttactarpll[Ctlaflandsitualeinthe TowmIiip of UP!'" AIlol, COlll!lY of Cumboiand aod Commonweal!h of Penosyl...... ..;!h any Ubpro_ _ dIeRoll, beiD8 kDown .. Lot No. 23 as shoWn on the final re-subdivisi0li Plan of c-.ry __ 1, .. (l<eplll1:<I by Robert 1. _ P.LS.P.E., aod recooled io the OlIi<eofthe_ofDeedsioaodlor Cumboiand Couoty, l'e!msyI...... io_OIl Plan Book 54, i"Be 8, beio8 more foDy boooded aod dcscrihed .. funow., III wit: BEGINNING at . poiDl OIl the _ rigbt-ol.way ol~Dme (SIlleet wide), saidpointbei08 at the_of Lot No. 2Z: lheoce aIo~ Lot No. 22 South 40 dogrees 14 _53_Eaal.djstaoceolI17.93leet to a point in.!be line of Lot No. 16; thence ........ plIlially IIoog.Lot No. 16 aodplllially aloo& Lot No. IS. Soolh 411 ....... 39 ........ 05_w..<,.4illliO:eolllO.OOleetlo. poiolioliooofLotNo.Z4;lheoceellaKtil(oIoog ,:-z.~tM..... ... ...,7!lrE:.....: .PZ1~[_~=--7 ............... L '_" -. a09foet,.."" Iqlholllll.22_iapilll. ..fla<:e olllEGlNNlNG. CoouIlOoly imown... 2245 CaD>dmy Drive, 1ltIeisvesledio&lwardG. Sd1walIIIaodGail M. SdIwa!m, bosbaDd aod wile, by Deed from Rao M.1napo1li aod _loapmi. bosbaDd aod wife, _ umIO, recooled 2/LW, Booko 215; pqc 740, PABCELW.z9.245t*1. PitIlMJSES. 2245 CadIorbury Drive, 1L~ . 1~IPA1~. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esqnire, Editor of the Curnberland 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, vtz: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this staternent by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject rnatter of the aforesaid notice or advertisement, and that all allegations in the foregoing staternents as to tirne, place and character of publication are true. ~ SWO 29 o AND SUBSCRIBED before me this day of Julv. 2005 N SEAL LOIS E. SNYDER, Notary Public Ca'~sle BolO, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO, S8 Writ No. 2005-1173 Civtl US Bank National Association as Trustee for the Holders of the CSFB Mortgage Pass-Through Certificates. Series 2001- HE22 VS. Edward G. Schwalm, a/k/a Edward A. Schwalm, a/k/ a Edward H. Schwalm and Gail M. Schwalm. a/k/a Gail M. Leader Aity.: Daniel Schmieg BEING KNOWN AND DESIGNAT- ED AS ALL THAT CERTAIN tract or parcel of land situate in the Town- ship of Upper Allen. County of Cum- berland and Commonwealth of Pennsylvania. with any improve- ments erected thereon. being known as Lot No. 23 as shown on the FiIlal Re-5ubdivision Plan of Canterbury Estates, Phase 1, as prepared by Robert J. Fisher, P.L.S. r.E., and re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Subdivi- sion Plan Book 54. Page 8. being more fully bounded and described as follows. to wit: BEGINNING at a point on the he southeastern right of way of Can- terbury Drive (50 feet wide), said point being at the comer of Lot No. 22; thence along Lot No. 22 South 40 degrees 14 minutes 53 seconds East a distance of 117.93 feet to a point 1I1 the line of Lot No. 16; thence extending partially along Lot No. 16 and partially along Lot No. 15, South 45 degrees 39 minutes 05 seconds West a distance of 130.00 feet to a point in line of Lot No. 24; thence extending along Lot No. 24 North 20 degrees 20 minutes 55 seconds West a distance of 149.97 feet to a point in the southeastern right of way of Canterbury Drive: thence along Canterbury Dlive on the arc of a circle curving to the left having a radiusof230.09 feet, an arc length of 80.22 feet to a point, the place of heginnlng. Commonly known as: 2245 Can- terbury Drive. Title is vested in: Edward G. Schwalm and Gail M. Schwalm, husband and wife. by Deed From Rao M. lnaganti and Prameela Ina- gantt. husband and wife, dated 1/ 29/00, recorded 2/1/00, Book. 215, page 740. Parcel: 42-29-2458-051. Premises: 2245 Canterbury Drive. Mechanicsburg, PA 17055. t "0,?C7VnN0TAR' Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 2012 FE -1 AM 9' Nttorney For Plaintiff 1-UMBERLANU COUNT`•, p _NNSYLVANIA US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 Plaintiff VS EDWARD G. SCHWALM A/K/A EDWARD SCHWALM, JR A/K/A EDWARD A. SCHWALM A/K/A EDWARD G. SCHWALM A/K/A EDWARD H. SCHWALM GAIL M. SCHWALM A/K/A GAIL M. LEADER A/K/A GAIL M. SCHWALM Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County : I No. 2005-01173 TO THE PROTHONOTARY: PR A FCTPF ? Please withdraw the complaint and mark the action Discontinued and Ended without prej udice. ? Please mark the above referenced case Settled, Discontinued and Ended. ? Please ' acate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHEL _AN* SCHMIEG, LLP By: Attorney for Plaintiff PHS # 112611) Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR THE HOLDERS OF THE CSFB MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2001-HE22 Plaintiff vs EDWARD G. SCHWALM, A/K/A EDWARD SCHWALM, JR, A/K/A EDWARD A. SCHWALM, A/K/A EDWARD G. SCHWALM, A/K/A EDWARD H. SCHWALM GAIL M. SCHWALM, A/K/A GAIL M. LEADER, A/K/A GAIL M. SCHWALM Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 2005-01173 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: EDWARD G. SCHWALM A/K/A EDWARD SCHWALM, JR A/K/A EDWARD A. SCHWALM A/K/A EDWARD G. SCHWALM A/K/A EDWARD H. SCHWALM GAIL M. SCHWALM A/K/A GAIL M. LEADER A/K/A GAIL M. SCHWALM 117 KIM ACRES DRIVE MECHANICSBURG, PA 17055 Date: rlmrnemki-i 1, i0 4 1 PHS # 1126 10 By: ??;.,At c .51 Attorney for Plaintiff ttl 67. /'f/(CSC