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HomeMy WebLinkAbout05-1818 PHELAN HALLINAN & SCHMIEG, UP 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, 1Ne. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM NO. 05'- /CdIQ 6.1-<-<-1 v, CUMBERLAND COUNTY WILLlAM BREHM, TII NK/ A WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, P A 17240 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT "^ VE 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, P A 17013 (800)990-9108 Fikti: 114736 Flle#: 114736 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 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 Plaintiff, is or will be, the owner of legal title to the mortgage that is the subject of this action, and nominee for the entity indicated below, which is the owner of the entire beneficial interest in the mortgage: WELLS FARGO HOME MORTGAGE, INC. 3476 ST A TEVIEW BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known addressees) of the Defendant(s) are: WILLIAM BREHM, III NKJ A WILLIAM C BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/24/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1846, Page: 2280. 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 11/01/2004 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 114736 ~ 6. The following amounts are due on the mortgage: Principal Balance Interest 10101/2004 through 04106/2005 (Per Diem $19.89) Attorney's Fees Cumulative Late Charges 11/24/2003 to 04/06/2005 Cost of Suit and Title Search Subtotal $116,900.26 3,739.32 1,250.00 0.00 $ 550,00 $ 122,439.58 Escrow Credit Deficit Subtotal -419.46 0.00 $- 419.46 TOTAL $ ] 22,020.12 7, The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of] 983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 122.020. I 2, together with interest from 04106/2005 at the rate of $19.89 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property, PHELAN HALLINAN & SCHMIEG, L~ /---c . e./ ..J ~~- By: /slFrancis S. Hallinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fik #: 114736 ~ ALL the foUowiag deswibec1 tract aflaud with ~.......a<"l '" ~ tbereoo, 9itua1e In Hapcwell T09IWhip. CumberlIuld County, Penasy1vde, buuaded aoc! descrlbed as foUowa: BBOINNINO at a poiQt on Sl* lfiahway 641 et llne of~ now or foJmcrIy of H8roId KitzmilIcr; fueogc along said road Eotwriy 200 feclt w line of laud OQW or fODJll:liy of H. Vinoe.ut &<-~ 8Dd FIon:ace A. Bv.a-l1amI, his wife. lItId bclng Tract No.2 de3onOcd; them:e Soulhwmdly along thb Aid land aad laud DOW or fumu=rly ofHeauan K7, '-lID 368 fim to . point; thaIce al<m8 said land. Westwar4ly 200 feet to a point; tbeDce aloaa salcllaDd, West.WUdly 200 feet to a point; ~ by lI8id Kitmtl11er land Northwanily 363 feet to the pJa&:e ofBOOlNNJNO. LESS HOWBVBR, 1M following descdbed nut oflaDd: BBO!NNJNO lit a point et Une at 1lIIld DOW or fimDedy of CIlest<< H- Cl~ and ~be<<:a K. CreIlme:r, his wife, ~ tile _joius IaDd at H_ E. 1WItrOft and Mildred M. K~"", his wiAl, aD4 IlIIId IIOW or 1bcme.dy of HGotd ICi1zmiller, lheDOll aIoD& Iaod now or ro-ly ot lIIid Harold JCit7-mltt..ln a NOI'tb::rly dlrectioa. a dI.ms'- of 140 feet 10 It point at line of o1hcr laad now or iOmscrly of a,.....,... H. Calmer md Rdlecca K. Cxeeuset, hls wife; tbmr;e along IlIIld now or 1't...d>Uly of the said ~ R. Crecaer Uld Rebecal K. Creamer. hla vMe, in au. Easterly directloa, . m~ of200 feet to a poir<< at !iDe of lam!. now at tormedy of the lIllid R........ K. Ke~....-n e.ud Mll4%ecl M. K.e~s-m1. hla w!tiI; thence ~ 1Iu: said ~"Q land in a Southerly ~ a dl.s*Ja~.. of 131 ti:l<<t to a point; ~ by the same in It Westerly diaotton, a d~ of 200 feet to a point:. ~ p1aoe of BEGINNlNO. PROPERTY BEING: 156 NEWVILLE ROAD - VERIFICATION Juliann Smith hereby states that she is VICE PRESIDENT LOAN DOCUMENTATION of WELLS FARGO HOME MORTGAGE, INe. mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. (~~~: () M hf\. &m_ Juliann Smith DATE: ~. Vice President Loan Documentation ~~ ~ ~ ~. ~ \J '\l) '^ ~i J "-..)~ ~. B \ . ~ Y\~ ~ & ~ '1:l ~ ~~ , ~ ~ , ~ ~ . , '-.-"" n ...., 0 c:.;::.1 ~-~; C--:;,:) ., t:,,/'\ :<-- -I r. -" I:!J -.; ::<:l n\___.. ~/ I "rn (F! ,": -.J :"9 . . ~jr) r;. '. :.::,j~i :e. ;1:"" '-...,., <. ::;1;: "QC) :1,. c:; 0 (~)ITl fz .--1 ;r> ::2 en :JJ N .< SHERIFF'S RETURN - REGULAR CASE NO: 2005-01818 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REGISTRAT VS BREHM WILLIAM III AKA WILLIAM CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according 0 law, says, the within COMPLAINT - MORT FORE was served upon BREHM WILLIAM III AKA WILLIAM C BREHM III th DEFENDANT , at 1942:00 HOURS, on the 14th day of April at 156 NEWVILLE ROAD 2005 NEWBURG, PA 17240 by handing to WILLIAM C BREHM III 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: 18.00 14.06 .00 10.00 .00 42.06 ~ R. Thomas Kline 04/15/2005 PHELAN HALLINAN Sworn and Subscribed to before By: me this dO day of ~ 6100";- A.D. t I..P;o~A::r ~ . . PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 MCLEAN, VA 22102 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-1818 WILLIAM BREHM, III A/K!A WILLIAM C. BREHM III 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 WILLIAM BREHM, III NK/A WILLIAM C. BREHM III and, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/7/05 to 5/23/05 TOTAL $122,020.12 $934.83 $122,954.95 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. ~~Jj..J~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA~D. ~ DATE: (Yl'rJ...., ::2/_ .;tOoS AA I.v; ~ 12 ~ ! I PRO PROTHY ~ , .. PHELAN, HALLINAN AND SCHMIEG By: Francis S, Hallinan, Esq., Id. No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (71 'i) 'i1i1-7000 MORTGAGE ELECETRONIC REGISTRATION SYSTEMS, INe ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY WILLIAM BREHM, III AlKJA WILLIAM C. BREHM III : NO. 05-1818 Defendants TO: WILLIAM BREHM, 111 AlKJA WILLIAM C. BREHM ill 156 NEWVILLE ROAD NEWBURG,PA 17240 FILE COpy DATE OF NOTICE: MA Y ~ 200~ 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 CONS1RUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEF AUL T 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 COUNfY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff .. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION Plaintiff, v. NO. 05-1818 WILLIAM BREHM, III A/KJA WILLIAM C. BREHM III 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 of the foIlowing facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant WILLIAM BREHM, III A/KJ A WILLIAM C. BREHM III is over 18 years of age and resides at , 156 NEWVILLE ROAD, NEWBURG, P A 17240. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~JIJ~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff 6(C.J %-tl ~ ~ ~ ~ \Y~ ~ t~ * () ~ ~ff! :# r": ~ .. . ...... C::J c:~.> (,.-.n o 'n ::;:J h~:r.l .. n_ c.:J 1',) 0' C"j , -n a c5 ~:5 r'fnj : ,~.:I :L1 ..< . .. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE, SUITE 350 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION v. NO. 05-1818 WILLIAM BREHM, III A/KJA WILLIAM C. BREHM III Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on f'rl';J'( ..J b 200....5. _/- If you have any questions concerning this matter, please contact: ~~ J1.J,~ DANillL G. SCHMillG, E UIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHNF. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATIEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECENED 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.' WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1818 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff (s) From WILLIAM BREHM, III AlKJA WILLIAM C. BREHM III (i) You are directed to ievy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property oflhe 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 himlher that helshe has been added as a garnishee and is enjoined as above stated. Amount Due $122,954.95 L.L. $.50 Interest FROM 5/23/05 TO 9/7/05 (pER DIEM - $20.21) - $2,167.47 AND COSTS Atty's Comm % Due Prothy $1.00 Arty Paid $124.06 PlaintitTPaid Date: MAY 26, 2005 Other Costs CURTIS R. LONG (Seal) Protho~ ~ '-It': o~ D P. '/?~Y. ~ Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 . . (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. Plaintiff, v. No. 05-1818 WILLIAM BREHM, III AfKJA WILLIAM C. BREHM III Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $122,954.95 Interest from 5/23/05 to SEPTEMBER 7,2005 (per diem -$20.21) $2,167.47 and Costs TOTAL $125,117.42 ifY~hJ~ DANIEL G. SCHMIEG, E UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. . <= .., N r-- ,...; ... -< ::: ~ 1";.:$ ~ g == :;J O~ ~ Z ~ ~> = 0 fool...:l U U E:: fool ...:I.... U=S :;J z ~oo Z . ~ u ~ -g Z~ ~t 000 ... ~ o fool ~~ ...:I fool = "-' ~ ~~ ...fool ...:I I";. ~ .~ ~ '" ~ . U'" ~ 0<3 '@ fool OJ or; fool 00 OJ '4~ ...:I ,J:J ...:I1;i .; ~ ... ... ...:I l'O' uz foolZ ~~ ... S I";.:;J ~ ,<2 ~ 00 r5S ~~ ~ ...U ~~ ... ~~ ~ g. ~~ ... 01:: J~ ... p. :;J~ ~ I";. C \0 ~ tl... fool 6 III 8~ ,...; o~ == ~ ~ ~ ... ~ ~fool ~" U u; ~ ~ '" ...= = .i::j j z~ ~ OJ - ...:;J ~ ~ u ... ...:I ...:I ... ~ .. ~. DESCRIPTION ALL the following described InIct of land with improvements erected thereon, situate in Hopewell Township, Cumberland CoWlty, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller; ~ along said road Ilastwardly 200 feet 10 lin.e ofllllld now or fllIlJlcrly of H. Vincent Eschenmann and Florence A. Eschemnann, his wife, and being Tract No.2 described; thence Southwardly along the said land and land now or formerly ofHennan Kecseman 368 feet to a poin~ thence along Aid land, Westwardly 200 feet to a point; thence along said land. Westwardly 200 feet to a point; thence by said Kitzmiller land Northwardly 363 feet to the place ofBEGINNING. LESS HOWEVER, the following described tract ofland: BEGINNING at a point at line of land OOw or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keelleman, his wife, and land now or formerly of Harold Kitzmiller; thence along land now or formerly of said Harold Kitzmiller in a Northerly di=tion, a distance of 140 feet to a point at line of other land now Or foonerly of Chesler H. Creamer and Rebecca K. Creamer, his wife; thence along land now or formerly of the said Chester H. Creamer and Rebecl:a K. Creamer, his wife in an Easterly direction, a distance of200 feet to. point at line of land now or formerly of the said HennanK. Kcssclnan and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of] 31 fcet to a point; thence by the same in a Westerly direction, a distance of 200 feet to a point, the place of BEGINNING. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, ill, by Deed from Michael L. Cramer and Wendy S. Cramer, his wife, dated 11-24-03, recorded 11-26-03 in Deed Book 260 page 270 I. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, P A 17240 ;:c) ~ ~ ~i ~ -- -l::. \"" !--J t: "" ...a ~ -- 6""- e. --....0 ()- -I- ~ ~ ...... ~ :to. -<Q. ..c:- ...... '1 0 C> () D 0- f r:- !;) , ~ ~~~~~ ~D'1b6 () () v- C> I I I - , ~v ~ ~ - ~ pc- ~ - ~ ~~ .~ .- .... c~ ~~ l:-. ;:;:;~ o "," ::.:1... -t ...._, ::c ~:! -~ ITI r~~ r.. 9 Cl ,"-.' G"'\ "'1':"1 'r, ;'"'::;:'-'-': ,-<; r- (:,'i rn ~-T;J :;J a ....;.:: .. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. WILLIAM BREHM, III AfKJA WILLIAM C. BREHM III CIVIL DIVISION NO. 05-1818 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC., 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 .156 NEWVILLE ROAD. NEWBERG. P A 17240 . 1. Name and address ofOwner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM BREHM, III NK/A WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, P A 17240 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) None . 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 156 NEWVILLE ROAD NEWBERG, PAl 7240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 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 of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofI8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 23. 2005 DATE ~~1f.-1~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff () ",-, c ~::;~ "-, 2':: .,...' -,~ o -n -I fT~ :n ,- -r; r",l .C'[J (~) .- ::'; f"',) 0' =:--; co !~~~ PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SmTE 1400 PIDLADELPIDA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CML DIVISION WILLIAM BREHM, III A/KJA WILLIAM C. BREHM III NO. 05-1818 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: (X) an FHA mortgage () non-owner occupied () vacant o 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. W~Jj.J~ DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff ,..., C'::> C:~) ',~..n o " -I ;:I~TI , "y~c. (~-' t:~J () -; , - -." !""., O. -n ii ?i h;'l CJ . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, No. 05-1818 v. WILLIAM BREHM, III AfK/A WILLIAM C. BREHM III Defendant(s). May 23, 2005 TO: WILLIAM BREHM, III AlK/A WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 "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 .156 NEWVILLE ROAD. NEWBERG. PA 17240. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $122.954.95 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 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 must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out ifthis has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner ofthe property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 , DESCRIPTION ALL the following described tract of land with improvements erected themm, situate in Hopewell Township, Cumberland Comly, Pennsylvania, bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kil2miller; thm\1o along Kid road Eastwardly 200 feet 10 line ofland now or formerly afB. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No.2 described; thence Southwudly along the said land and land now or formerly of Herman Kcc:seman 368 feet 10 a point; theooo along Kid land, Westwardly 200 feel to a point; thence along said land, Westwardly 200 feet to a point; thence by said Kitzmiller land Northwardly 363 feet to the place ofBEGINNlNG. LESS HOWEVER, the following descnbed tract of land: BEGINNlNG at a point alline of land now or formerly of Chester H. Creamer and ~a K, Creamer, his wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land now or formerly of Harold Ki1Zmiller; thence along land now or formerly of said Harold Kitzmiller in a Northerly direction, a dislancc of 140 feet to a poinl alline of other land now or formerly of Chesler H. Creamer and Rebecca K. Creamer, his wife; thence aIoog land now or formerly of the said Chester H. Creamer and Rebecca K. Creamer, his wife in an Easterly direction, a distance of 200 feet to a point at line of land now or formerly of the said Herman K. Kesseman and Mildred M. Keeseman, his wife; thence along the said Keeseman land in a Southerly direction, a distance of 13\ feet to a point; thence by the same in a Westerly direction. a distance 00200 feel to a point, the place ofBEGINNlNG. RECORD OWNER TITI.E TO 8AIDPREMISES IS VESTED IN William C. Brehm, In, by Deed from Michael L. Cramer and WendyS. Cramer, his wife, dated Jt.24-03, recorded 11.26-03 in Deed Book 260 page 270 I. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, P A 17240 ,.-. (~~' ...., ~':g ~, o " ::;:I Fil :TI f"--- -,li"r1 ,-:~~~< ~j-, '}C,") (j' fl :i;J :.lJ ,-< -I.;. r_',. f"..) m ::;? r- o ~~ .. AFFIDAVIT OF SERVICE PLAINTIFF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY PJT No. 05-1818 DEFENDANT(S) WILLIAM BREHM, ill A/KJA WILLIAM C. BREHM ill ACCT. #0191675883 SERVE WILLIAM BREHM, III AlKJA WILLIAM C. BREHM III AT 156 NEWVILLE ROAD NEWBURG, P A 17240 Type of Action - Notice of Sheriff's Sale Sale Date: SEPTEMBER 7,2005 Served and made known to w'.ll""",, SERVED r.;"e l,,"^ ::J1I ~i'v.)\J~\\ t. ~~. ) , Defendant, on the /1t ~W\ovV'~ day of ~"'~ 200 S- , -, at (; :.58 . o'clock -f!.m., at / j (; , 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: ,I , II /t7"7 Description: Age 13" Height 5/1 Weight-'-if!. Race WL... Sex 14 Other ~o 'J \e-n-e..s I, C\~ C''''''c~ L \ C~'(t. ~ ,~'a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the dice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. NOTARW.8EAI. Sworn to and subscribed UJCIU.E H. CARTY, before me this ~ d~ My T~. F of ~..;~ , 200~ /)/J L 51 Exphs Notary;=1+~ ~.~ By: ~ PLEASE ATTEMPT SERVI~E AT LEAST 3 TIMES. INDICATE DA ES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 ~ if}. <c;. -;? - (,.oJ ------------------- -., ~._---_..~..~.. ~ ,......\ ~-f'\ 0\-;; -otD :9C? (~~9 -r ,\ , -n cSD :";{: r" ~ ~ ~ ~. q :;;" s:- ..----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ) CNIL ACTION ) vs. ) CNILDIVISION WILLIAM BREHM, III NK/A WILLIAM) NO. 05-1818 C. BREHM III AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYL VANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for ~IORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. hen:by verify that on 5/25/05 true and correct copies ofthe Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: August 2. 2005 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION WILLIAM BREHM, ill AfKJA WILLIAM C. BREHM ill NO, 05-1818 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE. sets forth as ofthe date the Praecipe for the Writ of Execution was filed the folIowing information concerning the real property located at ,156 NEWVILLE ROAD, NEWBERG, P A 17240 . 1. Name and address of Owner( s) or reputed Owner( s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM BREHM, III AfK/ A WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 aseertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably aseertained, please indicate) Tenant/Occupant 156 NEWVILLE ROAD NEWBERG, P A 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA ][7013 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 of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.s. Sec. 4904 relating to unsworn falsification to authorities. Mav 23. 2005 DATE W~Jf..ia DANIEL G. SCHMffiG, E QUIRE Attorney for Plaintiff if.e;I ~E. - ~z Ul ~ t;; ~ [~ N ,,' ~g, ~ g !1' "'.., ~ " c K!! ~ H ~ ", ~8, 0" to H i ~ ::l ~ i~ ;.. ~ og ~ ~& t=: "- ~ if 1 " to g i ~ " ~. ~ ~ ~ Q:~&I1';l '" 88~'an '7' '~~o.o;;; r; il~H ~ ; g g. ;~~~~ .. ~, 0 ~ < [".~~ [ G'< "T;I g. ",' g.-g ~ ~ a &; ~ .., (i".Q 8,~g %~. ,., _. ~ ,., ,:.. !~~g: 11"8;r~~ ~l!!t~ a ~.~ g. ~.j; 'C ~ li-::;<ilo. . ~,. 3 e..li"~ti ,i!' ~ ~ :::: a g- c-. ;.,~. (> g g-o Ei ~ ....~ g a !~~n.9. ~~*8 "'::l t:l .., a g'm61 i !1.H~ ~'g; @' ~ Ih" · i! I, ~~. ~~iS~ g.i"8~ I:: !i ' " ~Ri~ ~~. ~ g 'S. rr ~ & ~ - - - o '" -0 00 ..., v. .". w '" t'" S. " o>z ....~., CIl~e ~ a ~ Q.~" '" '" " ., Q. Zt;l 8 8 ~ ~ ~ ~ ; g ~ ~ i g ~ ~ i ~ ~ ., ;; ~ ~ ~ Ul ""'0 CJJ ~ ~~ie~. ~ ~ ~ ~ '" S ~ ~ ~ ~ t2 c< ~ >-l W '" 0 Z ;.. 'T1 0 ~ ~ ~ ~ t;; o ~ ~ '" -< o tn to ~ o '" ~ ~ "'l tn ~Vl ~......j ~ ~ ~ ~ ;:a .tn o '" - ;.. '" ;.. . ~ i'i" CD z c: 3 r:T .. ... >-o-~>-o """" :=.;- ~ ~-.J(1ltr1 g.~l-d~ -g:g-g~ ;;;. >-r1 () ~ - . g >-07':- >gt\r< ~(1l~t;z o~~> w .".z :;;g'l'iR' ......~cr'C/.l ~ ~ gj () (Jle;CIl~ ~ p.. or ",' - .., S' ""'''0 ~ E:. '" g (b ~ ." _ r< '" ~ . ..,;5 ""0 ~ 0 . ':l:l - ..., - 02 j~ $ 00.90 ...-. 00043003 J7 M~ Y 25 2005 ., M"ILEO fROM ZIP CODE 1 9 j 03 ill r~ ,- " . ~ Q. l;. ~ ~~ ~~~: ~ ~\ Vj,; _ ~"... "(-;C' ~ 15''- .G. c~ -.::::. :::-\ ~\ 0 ~ Mortgage Electronic REgistration The Court of Common Pleas of Systems, Inc. Cumberland County, Pennsylvania VS Writ No. 2005-1818 Civil Term William Brehm, III alk/a William C. Brehm III Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on June 23, 2005 at 5:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: William Brehm, III alk/a William C. Brehm Ill, by making known unto William Brehm, personally, at 156 Newville Road, Newburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 08, 2005 at 4:3 I o'clock P.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William Brehm III alk/a William C. Brehm Ill, located at 156 Newville Road, Newburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: William Brehm III alk/a William C. Brehm Ill, by regular mail to his last known address of 156 Newville Road, Newburg, P A 17240. This letter was mailed under the date of July 05, 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 Poundage Posting Handbills Advertising Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 266.44 15.00 15.00 .50 1.00 32.00 6.44 15.00 20.00 Law Journal Patriot News Share of Bills 437.00 346.94 18.20 $1,203.52 Sworn and subscribed to before me ?~~-<~ R. Thomas Kline, Sheriff . J' BY!, Itriff,vrL Real Estate ergeant 2005, A.D. 1,)0 Ck. 5/0111 iiu./~ tj;J 37 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC. CUMBERLAND COUNTY Plaintiff, COURTOFCO~ONPLEAS v. CIVIL DMSION WILLIAM BREHM, III AlK/A WILLIAM C. BREHM III NO. 05-1818 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,156 NEWVILLE ROAD, NEWBERG, P A 17240 . 1. Name and address of Owner(s) orreputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WILLIAM BREHM, III NK/A WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, PA 17240 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) None 4. Name and address oflast recorded holder (...revery mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 156 NEWVILLE ROAD NEWBERG, P A 17240 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisbnrg, P A 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Mav 23, 2005 DATE ~~Jj,~~ DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff . . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INe. CUMBERLAND COUNTY Plaintiff, No. 05-1818 v. WILLIAM BREHM, III AfKJA WILLIAM C. BREHM III Defendant(s). May 23, 2005 TO: WILLIAM BREHM, III AlK/A WILLIAM C. BREHM III 156 NEWVILLE ROAD NEWBURG, P A 17240 "THIS FIRM IS A DEBT COLLECTOR AITEMPTING 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 SHOUW NOT BE CONSTRUED TO BE AN AITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at .156 NEWVILLE ROAD. NEWBERG. PA 17240. is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $122,954.95 obtained by MORTGAGE ELECTRONIC REGISTRATION SYSTEMS. INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT TillS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. , You may need an attorney to assert your rights. The sooner you contact one, the more chance , you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 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 the owner of the property as ifthe sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You maybe entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It 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 CARLISLE, P A 17013 , , DESCRIPTION ALL the fOllowingdescnDed tract ofland with improvements erected thereon, situate in Hopewell Towmhip, Cumberland County, Pennsylvania, bounded and described as follows: BEOlNNING at a point on State Highway 641 at line of land now ()]' formerly ofBarold Kit2miller, ~e along said road EaBtwllrdly 200 foo\\o line orland now or formerly ofH. Vincent Eschenmann and Florence A. Eschenmann, his wife, and being Tract No.2 described; thence Southwardly along the said land and land now or formerly ofHennan Keeseman 368 feet loa point; thence aloog said land, Westwardly 200 feel to a point; thlmc;: along said land, Westwardly 200 feet to a point; thence by said Kitzmiller land N()]'\hwardly 363 feet to the place ofBEOINNINO. LESS HOWEVER, the following described tract of land; BEOlNNlNG 111 a pointat line of land BOw or formerly ofCbester H. Cream..- and Rebecca K. Creamer, hi. wife, where the same joins land of Herman E. Keeseman and Mildred M. Keeseman, his wife, and land now ()]' formerly of Harold Kitzmiller; thence along land now or formerly of said Harold Kitzmiller in a Northerly direction, a distance of 140 feet to a point at line of other land now or formerly of Chesler H. Creamer and Rebecca K. Creamer, his wife; thence aIoog land now or formerly of the said Chester H. Creamer and Rebecca K. Creamer, his wik in an Easterly direction, a distance of200 feet to a point a' line orland now ()]' formerly of the 8lIid Herman K. Kesseman and Mildred M. Ke_man, his wife; thence along the said Keeseman land in a Southerly direction, a distance of 131 reet to a point; thence by the same in a Westerly direction, a distance of 200 feet 10 a point, the place ofBEGINNING. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, m. by Deed from Michael L. Cramer and Wendy S. Cramer, his wife, dated It .24-03, rec:onled 11-26-03 in Deed Book 260 page 2701. PREMISES BEING: 156 NEWVILLE ROAD, NEWBURG, P A 17240 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1818 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,INC., Plaintiff (s) From WILLIAM BREHM, III AlK/A WILLIAM C. BREHM III (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty 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 $122,954.95 L.L. $.50 Interest FROM 5/23/05 TO 9/7/05 (PER DIEM - $20.21) - $2,167.47 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $124.06 Plaintiff Paid Date: MAY 26, 2005 Other Costs CURTIS R. LONG (Seal) Prothonotary n Cyy; ~By:.AIM" _C/o / {!fl/J..-rY, /" Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #53 On June lO, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Hopewell Township, Cumberland County, PA Known and numbered as 156 Newville Road, Newburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 10,2005 ByJo~j~ Real Estate Deputy ~ ..~ ~ hE:I d 1- NrJr ~aal ;fd ':; , ~ /\..... j, II ,;, ; .'" I. I .:UltJ3HS ]llliO '301.-JJO THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sundayl Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verifY this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COpy S ALE #53 Statement of Advertising Costs To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 346.94 IlEAL ESTATE SALE No. sa _No. _1818 CIvIITenn MC>I'tl/IQI E_lc R8II_on ~Inc. v. WII_S........III_W11I.....C. _III AIIy:_ Schmieg DESCRIPT10N '1 ALLdlefullowingdescribedtractoflandwilh tbe improV~rcd rbereon, sitUate in Ilopewe~ '. ~ County, l'1:omylvallia,boudded aod _.. follows: BIlGIl'INING" . ppiDt CHI Stole Highway 641 "Iioe ofland..... '" formerly oflWold __aIoogsaidroadEaslwanlly200 foetll/lioeoflandoow.._yofH.V"""" ~hP.mnllnn and .FIomtce A P'.4clwnnllnn, his wife,aodbeiDgTractNo.2deoc:rihod;dleoce SoudnrIOIly aIoog dle said land aod land oow .. _yof_Keeoeman36ll...."'.poiDI; dleoceaIoogsaidland._Ill!lY200foet"'. poiDI;_aIoogsaidland.-..ny200.... '" . poiDI; dleoce by said lGtzmiJ1er land NOl!h....ny 363 .... '" dle place 01 BIlllINNING. LESS IIOWI!VEB.. dle fullowing _ tractoflaod: BIlGIl'INING".ppiDtatlioeofland....... _1 of ~H.Cleameraod _ K. ~''IIJj ]11.-................" ...........1.~1 .IL..... .. ...... .......or",..,..,".... ' 1IlIoIok.....~... _ or......." lIM1Iloo1IIllIsaiIIktm. 1bdledy~' ...... of 140 foet "'. ppiDt at Iioe of....... _ OJ; l'ommy of Cbealet H. CIadllI'. -.. K. CIeamer.1ois wife; _ aloIJB'W ..... ",l'ommy of dle said ChcslIor H. CIeamer aod _ K.CIeamer. his wife io .. easlaIy _..~200...."'.ppiDtatlioeof '1and._..~yofdlesaid_K. Keeoeman aod IdiIdIod M. Keeoeman, his wife; dleocealoog dle :\':'7'" land in . Soollody_., , of m ....'" . poiDI;_bydlesamOio.W<slldy_.. _ of200....'" .ppiDt, dle place of BEGINNING. 1TI1Jl 11) SAID PIU!MISIlS is vested in William C. _. m. by Da:d from Mil:haeI L, ClameraodWallliS.Cramer,hiswife.daledn. 1Ml3."""*'IU.26.{)J inDoolBook260llOF Z7UL PIU!MISIlS JlIiING:156 New.ville Rood, NewlJlq.PA 17240, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: July 15, 22, 29, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ( \ itor SWO TO AND SUBSCRIBED before me this 29 day of Julv. 2005 NOTAAI SEAL LOIS E. SNYDER, Notary Public: CarHsle BolO. Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 53 Writ No. 2005-1818 Civil Mortgage Electronic Registration Systems. Inc. vs. William Brehm, III. a/k/a William C. Brehm. III Atty.: Daniel Schmieg DESCRIPTION ALL the following described tract of land with improvements erected thereon, situate in Hopewell Town- ship. Cumberland County. Pennsyl- vania. bounded and described as follows: BEGINNING at a point on State Highway 641 at line of land now or formerly of Harold Kitzmiller: thence along said road Eastwardly 200 feet to line of land now or formerly of H. Vincent Eschenmann and Florence A. Eschenmann. his wife. and be- ing Tract No. 2 described: thence Southwardly along the said land and land now or formerly of Herman Keeseman 368 feet to a point; thence along said land; Westwardly 200 feet to a point: thence along said land; Westwardly 200 feet to a point; thence by said Kitzmiller land Northwardly 363 feet to the place of BEGINNING. LESS HOWEVER. the foHowing described tract of land: BEGINNING at a point at line of land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife, where the same joins land of Heenan E. Keeseman and Mildred M. Keeseman, his wife, and land now or formerly of Harold Kitzmiller: thence along land now or formerly of said Harold Kitzmiller in a North- erly direction, a distance of 140 feet to a point at line of other land now or formerly of Chester H. Creamer and Rebecca K. Creamer, his wife: thence along land now or formerly of the said Chester H. Creamer and Rebecca K. Creamer, his wife in an Easterly direction, a distance of 200 feet to a point at line of land now or formerly of the said Herman K. Kesseman and Mildred M. Keese- man, his wife; thence along the said Keeseman land in a Southerly di- rection. a distance of 131 feet to a point; thence by the same in a West- erly direction. a distance of 200 feet to a point, the place of BEGINNING. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN William C. Brehm, III, by Deed from Michael L. Cramer and Wendy S. Cramer, his wife. dated J 1-24.03. recorded 11.26-03 In Deed Book 260 page 270 i. PREMISES BEING: 156 NEW- VILLE ROAD. NEWBURG. PA 17240.