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HomeMy WebLinkAbout05-5931MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wer[zberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 U.S. Bank National Association as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, Vs. Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055, Defendant. Attorney for Plaintiff File No.: 5.04388 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: OS - S93/ 0- 1 U L L CIVIL ACTION MORTGAGE FORECLOSURE (00072532} 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 {00072532} ************************************************************************************************** NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT ************************************************************************************************** 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. {00072532} MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 U.S. Bank National Association as Trustee, 1100 Corporate Center Drive Raleigh, NC 27607 Plaintiff, Vs. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION Charles Schwalm MORTGAGE FORECLOSURE 308 W. Maplewood Avenue Mechanicsburg, PA 17055, Defendant. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, U.S. Bank National Association as Trustee (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 1100 Corporate Center Drive, Raleigh, NC 27607. 2. Defendant, Charles Schwalm, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Charles Schwalm, Defendant, resides at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055. 4. On April 6, 2005, in consideration of a loan in the principal amount of $121,500.00, the Defendant executed and delivered to Finance America, LLC, dba FmAm, LLC a note (the "Note") with interest thereon at 9.350 percent per annum, payable as to the principal and interest in equal monthly installments of $1008.37 commencing June 1, 2005. 5. To secure the obligations under the Note, the Defendant executed and delivered to Mortgage Electronic Registration System Inc as nominee for Finance America, LLC, dba (00072532} FinAm, LLC a mortgage (the "Mortgage") dated April 6, 2005, recorded on April 15, 2005 in the Department of Records in and for the County of Cumberland under Mortgage Book 1903, Page 2894. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The aforesaid mortgage has since been assigned by Mortgage Electronic Registration System Inc as nominee for Finance America, LLC, dba FinAm, LLC to U.S. Bank National Association as trustee, by Assignment of Mortgage which is being duly recorded in the Office of the Recorder of Cumberland County. 7. The Mortgage secures the following real property (the "Mortgaged Premises"): 308 West Maplewood Avenue, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 8. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due June 1, 2005, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of Principal $121,500.00 Accrued but Unpaid Interest from 511105 to 11/14/05 @ 9.350% per annum ($31.12 per diem) $6,108.86 Accrued Late Charges $252.10 Corporate Advance $115.24 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 11/14/2005 $129,576.20 Plus, the following amounts accrued after November 14, 2005: Interest at the Rate of 9.350 per cent per annum ($31.12 per diem); {000725321 Late Charges of $50.42 per month. 10. Plaintiff has complied fully with Act No. 91 (35 P.S.'1680.401(c) of the 1983 Session of the General Assembly ("Act 91") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 308 West Maplewood Avenue, Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on August 15, 2005, the notice pursuant to ' 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $129,576.20, plus the following amounts accruing after November 14, 2005, to the date of judgment: (a) interest of $31.12 per day, (b) late charges of $50.42 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC ina S. Wertzberger, Esquire Attorney for Plaintiff {00072532) VERIFICATION I, Pina S. Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, relating to unsworn falsification to authorities. Name: Pina S. Wertzberger, Esquire Title: Attorney 100072532} PO-01474150 SCHEDVLE "A" ALL THAT CERTAIN TRACT OR PARCEL OF LMID AND PREMISES, SITUATE, LYING AMID BEING IN THE BOROUGH OF MECHANICSBUR IN THE COUNTS OF CUbMKRLANO AND CO ONMEALTH OF PENNSYLVANIA, TARS PARTICULARLY DESCRIBED AB FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN CURB LINE OF WEST MAPLEWOOD AVENUE, AT CoEmm OP LOT NOW OR FORMERLY Or WILLIAM WHITE AND WIFE, FORMERLY OF ROBERT L. STRAYER AMID JAN L. STRAYER, HIS WIFE, SAID POINT BEING EIGHTY (BO) FEET, MEASURED IN A WESTERLY DIRECTION ALONG SAID CURB LINE, FROM AN IRON PEN AT CORNKR Or LOT NOW OR FORMERLY OF MARVIN H. BRUSAMA AND ANNA H. DRUMM, HIS WIFE; THEW EXTENDING ALONG THE NORTHERN CURB LINE OP WEST MAPLEWOOD AVENUE IN A WESTWARDLY DIRECTION, A DISTANCE OF SCVERPT-NINE (70) FEET, MORE OR LESS, TO A POINT IN THE LINE Or LAND NOW OR FORIEELI OF SOWARD X. QUIGLEY, THENCE ALONG SAID LINE Or LAND NON OR HVNBERLY or BWO,RD J. QUIGLET IN A NORTRIUSMDLT DIRECTION A DISTANCS OF ONE BOND RED SEVENTY-SIX (176) FEET TO A POST( THENCE ALONG THE LINE OF LOTS NOW OR FOWEERLI OF FLOYD MENTEELL AND ELMEA LEND@R, IN AM EASTWARD= DIRECTION, A DISTANCE OF SCVENTY-EIGHT (78) FEET, MORE OR LESS, TO A POINT IN TIM LIMB OF LOT NOW OR FORMERLY OF WILLIAM WHITS AND WIFE, AFORESAID: THENCE ALONG THE LINE OF SAID LOT NON OR FORMERLY OF NTLLIAM WRITE AND WIFE, IN A 9OUTMMRDLT DIRECTION A DISTANCE OF ONE- RUMORED SEVENTY-81K (176) PEST, MARE OR LESS, TO AN IROW PIN IN TIM MARTBSRH CURB LINE OF WEST MAPLEWOOD AVENUE, AFORESAID, AT PLACE Or BEGINNING. HAVING ERECTED THEREON A BRICK DWELLING BOOM KNOWN AMID NUMBERED AS 300 NEST MAPLEWOOD AVENUE. BEING THE SATE PROPERTY CONVEYED TO CBARLCS SCHWALM, SINGLE MAN BY DESD FROM RANDY L. LAWRENCE, MARRIED MAN RECORDED 04/15/2005 IN DEED HOOK 268 PAGE 2039, IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBRNLANID COUNTY, PEMHNSYLVANIA. TAE ION 20-24-0785-962 EXHIQIT A HOMEQ SERVICING DF785 CHARLES SCHWALM 308 W MAPLEWOOD AVE MECHANICSBURG, PA 17055 August 15, 2005 0323746909 NBRC ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose. Snecific information out the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the counseling agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If You have any questions, You may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397 (Persons with impaired hearing can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICAION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUTS AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HomEq Servicing Corporation is a debt collector. HomEq is attempting to collect a debt and any information obtained will be used for that purpose. SEE LAST PAGE FOR ADDITIONAL IMPORTANT DISCLOSURES THIS NOTICE CONTINUES ON THE NEXT PAGE E* 1 a f '%VACH0VrA HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM IF YOU COMPLY WITH THE PROVISION OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT") YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. CONSUMER CREDIT COUNSELING AGENCIES If you attend a face-to-face meeting with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take further action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located are set forth at the end of this notice. It is necessary to schedule only one face-to-face meeting. You should advise this lender/servicer immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE Your mortgage is in default for the reasons set forth later in this notice (see the following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender/servicer, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Fund. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to- face meeting. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. Funds will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. THIS NOTICE CONTINUES ON THE NEXT PAGE jjt? Ism, TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange for and attend a "face-to-face" meeting with one of the consumer counseling agencies listed at the end of this notice. THIS MEETING MUST NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance. NATURE OF THE DEFAULT The MORTGAGE debt secured by your property located at: 308 W MAPLEWOOD AVE MECHANICSBURG, PA 17055 IS SERIOUSLY IN DEFAULT because: 1. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments Delinquent: 3 b) Delinquent Amount Due: $3,025.11 c) Late Charges: $50.42 d) Recoverable Corporate Advances: $108.80 e) Other Charges and Advances: $0.0 f) Less funds in Suspense: $0.00 g) Total amount required as of (due date): $3,184.33 2. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not applicable) HOW TO CURE THE DEFAULT - You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER/SERVICER, WHICH IS $3,184.33 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other charges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cashier's check, certified check, or money order made payable to: Regular Mail HomEq Servicing Corporation P. O. Box 70829 Charlotte, NC 28272 - 0829 Overnight Attn: Cash Central NC 4726 1100 Corporate Center Drive Raleigh, NC 27607-5066 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this notice: (Do not use if not applicable) THIS NOTICE CONTINUES ON THE NEXT PAGE Page 4 IF YOU DO NOT CURE THE DEFAULT If you do not cure the default within THIRTY (30) days of this notice, the lender/servicer intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the opportunity to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS OF THE DATE OF THIS LETTER, HomEq Servicing Corporation also intends to instruct its attorneys to start a legal action to foreclose upon vour mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender/servicer refers your case to its attorneys, but you cure the delinquency before the attorney begins legal proceedings against you, you will still be required to pay the reasonable attorneys' fees actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred even if they are over 550.00. Any attorneys' fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If von cure the default within the THIRTY (30) DAY period you will not be required to pay attorneys' fees. OTHER LENDER/SERVICER REMEDIES The lender/servicer may also sue you personally for the unpaid principal balance and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, You still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale You may do so by paying the total amount then past due plus any late charges other charges then due reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as specified in writing by the lender/servicer and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE It is estimated that the earliest date that such Sberiffs sale could be held would be approximately five (5) months from the date of this notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. The amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender/servicer. HOW TO CONTACT THE LENDER/SERVICER BY TELEPHONE OR MAIL: Name of Lender/Servicer HomEq Servicing Corporation Address Attn: Account Research, Mail Code CA3345 P.O. Box 13716 Sacramento, CA 95853 Telephone Number: 1-800-795-5125 EFFECT OF SHERIFF'S SALE You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender/servicer at any time. ASSUMPTION OF MORTGAGE You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt. THIS NOTICE CONTINUES ON THE NEXT PAGE Page 5 YOU MAY ALSO HAVE THE RIGHT • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT; • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF; • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. HOWEVER, YOU DO NOT HAVE THE RIGHT TO CURE YOUR DEFAULTS ANY MORE THAN THREE TIMES IN A CALENDAR YEAR; • TO ASSERT THE NON-EXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS; • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER/SERVICER; OR • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. THE CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED TO THIS LETTER If you received a discharge of the account through the Bankruptcy Court and if your account has not been reaffirmed, the acceleration and sale will not result in your being held personally liable for the debt and this letter is not an attempt to collect a personal debt. However, failure to pay the delinquent balance is necessary to avoid foreclosure. You are notified that this default, and any other legal action that may occur as a result thereof, may be reported by HomEq to one or more credit reporting agencies. Please take appropriate action with respect to the important matters discussed herein. Sincerely, HomEq Servicing Corporation THIS NOTICE CONTINUES ON THE NEXT PAGE Page 6 IMPORTANT DISCLOSURES California As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit reporting agency if you fail to fulfill the terms of your credit obligations. Colorado For information about the Colorado Fair Debt Collection Practices Act, see www.ago.state.ro.us/CA-B.HTM [web site maintained by the State of Colorado) CUMBERLAND COUNTY Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-1518 CCCS of Western PA 2000 Linglestown Road Harrisburg, PA 17102 888-511-2227 Community Action Commission of Captial Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 Loveship,Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232-2207 Maranatha 43 Philadelphia Avenue Waynesboro, PA 17268 (717) 762-3285 PHFA 211 North Front Street Harrisburg, PA 17110 800342-2397 Effective 4/27/2004 at 11:30:12 AM ? CJ ?cci ?t. . Y 2 ^ IV ) ry h7 ' c Q n r t w a f_r, N "? SHERIFF'S RETURN - REGULAR CASE NO: 2005-05931 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS SCHWALM CHARLES SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CHARLES the DEFENDANT , at 2120:00 HOURS, on the 21st day of November , 2005 at 308 W MAPLEWOOD AVENUE MECHANICSBURG, PA 17055 by handing to SANDRA SCHWALM. WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 Sworn and Subscribed to before me this day of hh oZ Vt? A. D. :77M? Pro ono ary So Answers: R. Thomas Kline 11/22/2005 MILSTEAD & ASSOCIATES By ? All- Deputy Sheriff MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorneys for Plaintiff U.S. Bank National Association as Trustee COURT OF COMMON PLEAS 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, CUMBERLAND COUNTY : No.: 05-5931 Vs. Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055 Defendant. PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against Charles Schwalm, Defendant for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest-11/15/05 to 1/18/06 Late Charges Escrow Advance Corporate Advance TOTAL I hereby certify that (1) the addresses and (2) that notice has been given in $129,576.20 2,022.80 100.84 1,786.14 2,400.66 $135,686.64 Plaintiff and Defendants are as shown above ih Ryzle 2317AI . copy attached. Piria S. Wertzb'rger, Esquire Attorney for P intiff DAMAGE ARE HEREBY ASSESSED AS INDICATED DATE: I' 2? .2q, 2 D1)L- PROTHONOTARY {00082066} MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire 1D No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 U.S. Bank National Association as Trustee, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 05-5931 Charles Schwalm, Defendant(s). TO: Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055 DATE OF NOTICE: December 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT 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 claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. {00076308} Page I of 2 CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Pina S. Wertzberger, Esquire # 77274 {00076308} Page 2 of 2 c ? 7c- a MILSTEAD & ASSOCIATES, LLC BY: PINA S. WERTZBERGER, ESQUIRE Attorney ID# 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 U.S. Bank National Association as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, Vs. Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055 Attorneys for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 05-5931 Defendant. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: L that the defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended. 2. defendant, Charles Schwalm is over 18 years of age and resides at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055. Pina S. Wetoberger, Esquire ;00082066} r, ?_ L "' C In the Court of Common Pleas of Cumberland County, PA U.S. Bank National Association as Trustee Plaintiff Vs. Charles Schwalm Defendant(s) CIVIL ACTION NO.: 05-5931 Praecipe For Writ of Execution (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Charles Schwalm 4. Real property involved: January 18, 2006 308 W. Maplewood Avenue Mechanicsburg, PA 17055 AMOUNT DUE $135,686.64 INTEREST From 1/19/06 to Date of $ Sale at $22.30 per diem TOTAL $ (Costs to be added) lCv, L Pina S. Wertz b, r er, Esquire Attorney for P1 ntiff fooo82o66p %W ALL THAT CERTAIN tract or parcel of land and premises, SITUATE, lying and being in the Borough of Mechanicsburg,in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the Northern curb line of West Maplewood Avenue at a corner of lot, now or formerly of William White and wife, formerly of Robert L. Strayer and Jan L. Strayer, his wife, said point being Eighty (80) feet measured in a Westerly direction along said curb line from an iron pin at comer of lot, now or formerly of Marvin H. Brubaker and Anna B. Brubaker, his wife; then extending along the Northern curb line of West Maplewood Avenue in a Westwardly direction, a distance of Seventy-nine (79) feet,more or less to a point in the line of land, now or formerly of Boward J. Quigley; thence along said line of land, now or formerly of Boward J. Quigley, in a Northwardly direction, a distance of One Hundred Seventy-six (176) feet to a post; thence along the line of lots, now or formerly 4 Floyd Bentzell and Elmer Lehmer, in an Eastwardly direction, a distance of Seventy-eight (78) feet, more or less, to a point in the line of lot, now or formerly of William White and wife, aforesaid; thence along the line of said lot, now or formerly of William White and wife, in a Southwardly direction, a distance of One Hundred Seventy-six (176) feet, more or less, to an iron pin in the Northam curb line of West Maplewood Avenue, aforesaid, at the place of beginning. HAVING erected thereon a brick dwelling house. BEING KNOWN AS 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 PARCEL ID NO: 20-24-0785-0362 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (00082066) t? n ? ?R''4Q)?w ? ?, C c CQC cep W SU 1` ? ? Q (` -, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5931 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From CHARLES SCHWALM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $135,686.64 L.L. $.50 Interest FROM 1/19/06 TO DATE OF SALE AT $22.30 PER DIEM Atty's Comm % Due Prothy $1.00 Arty Paid $119.60 Plaintiff Paid Date: JANUARY 24, 2006 Other Costs &'d? r,44 Pr thonota (Seal) By: Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 1 MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff V5. Charles Schwalm : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5931 : AFFIDAVIT PURSUANT : TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. Bank National Association as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00082066} 4. Name and Address of the last recorded holder of every mortgage of record: U.S. Bank National Association as Trustee (Plaintiff herein) 1100 Corporate Center Drive Raleigh, NC 27607 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 308 W. Maplewood Avenue Cumberland County Courthouse Mechanicsburg, PA 17055 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. --? I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made AttomeyMr Plaintiff Date: January 18, 2006 Esquire {00082066} F' 1 - ' _.? -?. _, r-^ MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff Vs. Charles Schwalm Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5931 : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff s Sale on June 7, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $135,686.64 obtained by U.S. Bank National Association as Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 next page and how to obtain an attorney). {00082066) 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 bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 05-5-04388 {00082066} ALL THAT CERTAIN tract or parcel of land and premises, SITUATE, lying and being in the Borough of Mechanicsburg,in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows; BEGINNING at a point on the Northern curb line of West Maplewood Avenue at a comer of lot, now or formerly of William White and wife, formerly of Robert L. Strayer and Jan L. Strayer, his wife, said point being Eighty (80) feet measured in a Westerly direction along said curb line from an iron pin at comer of lot, now or formerly of Marvin H. Brubaker and Anna B. Brubaker, his wife; then extending along the Northern curb line of West Maplewood Avenue in a Westwardly direction, a distance of Seventy-nine (79) feet,mors or less to a point in the line of land, now or formerly of Boward J. Quigley; thence along said line of land, now or formerly of Boward J. Quigley, in a Norrhwardly direction, a distance of One Hundred Seventy-six (176) feet to a post; thence along the line of lots, now or formerly of Floyd Bentzell and Elmer Lehmer, in an Eastwardly direction, a distance of Seventy-eight (78) feet, more or less, to a point in the line of lot, now or formerly of William White and wife, aforesaid; thence along the line of said lot, now or formerly of William White and wife, in a Southwardly direction, a distance of One Hundred Seventy-six (176) feet, more or less, to an iron pin in the Northern curb line of West Maplewood Avenue, aforesaid, at the place of beginning. HAVING erected thereon a brick dwelling house. BEING KNOWN AS 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 PARCEL ID NO: 20-24-0785-0362 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (00082066) 1 i r MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77472 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff Vs. Charles Schwalm Defendant : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5931 AFFIDAVIT PURSUANT TO Pa.RC.P. 3129.2 STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) I, Pina S. Wertzberger, Esquire, of full age, being duly sworn according to law, upon my oath, depose and say, 1. On March 16, 2006, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, Charles Schwalm, by the Sheriff's Office of Cumberland County. A copy of the Sheriff's return is attached hereto and made a part hereof as Exhibit "A". 2. On March 22, 2006, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". SOCIATES, LLC i s- We er, Esquire Attorney ID o. 77472 {00102768} U.S. Bank National Association as Trustee VS Charles Schwalm The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5931 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 16, 2006 at 6:45 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: Charles Schwalm, by making known unto Sandra Schwalm, wife of Charles Schwalm, at 308 West Maplewood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 05, 2006 at 10:41 o'clock A.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 Charles Schwalm located at 308 W. Maplewood Ave., Mechanicsburg, 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: Charles Schwalm by regular mail to his last known address of 308 W. Maplewood Ave., Mechanicsburg, PA 17050. This letter was mailed under the date of April 03, 2006 and never returned to the Sheriffs Office. Sworn and subscribed to before me This day of 2006, A.D. Prothonotary So?Ans er • R. Thomas Kline Seelig: BY 'JL dV JMt 6v Real Estate S rgeant J o T N o m 00 3 w v V T .J Q C N (4-0 0 06 N? y r y C. Q ?C CD wl v+l AI w ??P 4POy?Qgfi y 4, RTNEV C050.•ES. $07,940 MAILED FROM ZIP GODEOS?, D2 I ZO o? Cl 3 ) m ? m <r :. c ? tis? CD m ` Y C2_ \ y G fA 3 fA m 3 -1 tl y Oy CCCS(e.y O n 3. c) o x -- c -., ;u -'D O-4c $0 a c m =r=9=r3 -a :19a m G) 9 yc? c°v?3wo ° C m rn x, io ° , m 0 O @ m -1j D? 6-C40 ?' ° ° m v r v ?, zi w a a.mc m a i m c mii3Qay3m m m°.?o0 3? 10 p H1'°3a-co cp F m $ o• r O cnOr °33n ? - o m•$mo co , ? n m md+mp mmm m =r C, c Q CL Cc,, !R a 03 7! (a 9: 5 go 2 CD D m;O-y-' q :1 7 7 o m+aamon w=a IF w cm M - m a c d i m m ?v ??p Qm C L N N N Q. O N y 7 fA D ° o c o k s r 0"*M Z on&CAM m 03 Z > ? > CD =a Z v a g. a zmF >> w D , C °• O :t a O m Ncn=?( w p --1i O? ? w?mm y• z w y Gi E3 . ORL1=m 3 C k m '? ao O? e o ?O -4 o ;. a OHO d GO ?? r+ cP o a cp :3 CL O CD m rn n S m m O ???xzO W n n 7 6 o 5i CD (0 °a m CL I :? m Mu On ?? C 3 i C. o O may. 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O C7 t-.)o C.: `a! -r? cra' N N ' C7 LL { J p In the Court of Common Pleas of Cumberland County, PA U.S. Bank National Association as Trustee Plaintiff CIVIL ACTION NO.: 05-5931 Vs. Charles Schwalm Defendant(s) Praecipe For Writ of Execution (Mortgage Foreclosure) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of Cumberland County; 2. Against the Defendant(s) in the above captioned matter; 3. and index this writ against the Defendant(s) as follows: Charles Schwalm 4. Real property involved: 308 W. Maplewood Avenue Mechanicsburg, PA 17055 AMOUNT DUE INTEREST From 1/19/06 to Date of Sale at $22.30 per diem TOTAL (Costs to be added) November 28, 2006 $135,686.64 ina S. Wertz kggeeEsquire Attorney for Plaintiff (00137036) r- ?' O y1 t 1 J 01 G? V Q 9? c 64 ? eta ? c ,. w j'1- O I? 00 eo- 2. CrIl OV ALL THAT CERTAIN tract or parcel of land and premises, SITUATE, lying and being in the Borough of Mechaniesburg,in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows BEGINNING at a point on the Northern curb line of West Maplewood Avenue at a corner of lot; now or formerly of William White and wife, formerly of Robert L. Strayer and Jan L. Strayer, his wife, said point being Eighty (80) feet measured in a Westerly direction along said curb line from an iron pin at comer of lot, now or formerly of Marvin H. Brubaker and Anna B. Brubaker, his wife; then extending along the Northern curb lino of West Maplewood Avenue in a Westwardly direction, a distance of Seventy-nine (79) feet,more or less to a point in the line of land, now or formerly of Boward J. Quigley; thence along said line of land, now or formerly of Boward L Quigley, in a Northwardly direction, a distance of One Hundred Seventy-six (17.6) feet to a post; thence along the line of lots, now or formerly of Floyd Bentzell and Elmer Lehmer, in an Eastwardly direction, a distance of Seventy-eight (78) feet, more or less, to a point in the fine of lot, now or formerly of William White and wife, aforesaid; thence along the line of said lot, now or formerly of William White and wife, in a Southwardly direction, a distance of One Hundred Seventy-six (176) feet, more or less, to an iron pin in the Northern curb line of West Maplewood Avenue, aforesaid, at the place of beginning. HAVING erected thereon a brick dwelling house. BEING KNOWN AS 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 PARCEL ID NO: 20-24-0785-0362 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (00082066) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5931 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From CHARLES SCHWALM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $135,686.64 L.L. Interest FROM 1/19/06 TO DATE OF SALE AT $22.30 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $1,052.42 Other Costs Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) ??, &?in-e4 Curtis A. Long, Pro Lary By: Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856482-1400 Supreme Court ID No. 77274 5211 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA Case No.1:06-bk-01919-MDF Chapter 13 In re: Debtor(s) (name(s) used by the debtor(s) in the last 8 years, including married, maiden, and trade): Charles C Schwalm Sandra C Schwalm ORDER DISMISSING CASE UNDER 11 U.S.C. §521(i)(1) It appearing the above-named debtor(s) has/have failed to file documents required pursuant to the Bankruptcy Act of 2005, it is hereby, ORDERED that the case of the above-named debtor(s) be and is hereby dismissed. The trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending actions in this case are hereby dismissed. Dated: 10/25/06 BY THE COURTT? United States Bankruptcy Judge This document is electronically signed and filed on the same date. V MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff VS. Charles Schwalm Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5931 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National Association as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {001370361 4. Name and Address of the last recorded holder of every mortgage of record: U.S. Bank National Association as Trustee (Plaintiff herein) 1100 Corporate Center Drive Raleigh, NC 27607 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 308 W. Maplewood Avenue Cumberland County Courthouse Mechanicsburg, PA 17055 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. rger, Esquire ma S. Wertflaintiff Attorney for Date: November 28, 2006 {00137036} `? C-a r MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff Vs. Charles Schwalm Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 05-5931 : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff s Sale on March 7, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $135,686.64 obtained by U.S. Bank National Association as Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). t00137036) r 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 bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 05-5-04388 {001370361 we ALL THAT CERTAIN tract or parcel of land and premises, SITUATE, lying and being in the Borough of Mechaniesburg,in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows:- BEGINNING at a point on the Nord= curb line of West Maplewood Avenue at a corner of lot, now or formerly of William White and wife, formerly of Robert L. Strayer and Jan L. Strayer, his wife, said point being Eighty (80) feet measured in a Westerly direction along said curb line from an iron pin at comer of lot, now or formerly of Marvin H. Brubaker and Anna B. Brubaker, his wife; then extending along the Northern curb line of West Maplewood Avenue in a Westwardly direction, a distance of Seventy-nine (79) feet,more or less to a point in the line of land, now or formerly of Howard J. Quigley; thence along said line of land, now or formerly of Boward L Quigley, in a Northwardly direction, a distance of One Hundred Seventy-six (176) feet to a post; thence along the line of lots, now or formerly of Floyd Bentzell and Elmer Lehmer, in an E,astvvardly direction, a distance of Seventy-eight (78) feet, more or less, to a point in the lime of lot, now or formerly of William White and wife, aforesaid; thence along the line of said lot, now or formerly of Williarn White and wife, in a Southwardly direction, a distance of One Hundred Seventy-six (176) feet, more or less, to an iron pin in the Northern curb line of West Maplewood Avenue, aforesaid, at the place of beginning. HAVING erected thereon a brick dwelling house. BEING KNOWN AS 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 PARCEL ID NO: 20-24-0785-0362 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {000820561 N co rn U.S. Bank National Association as Trustee VS Charles Schwalm In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5931 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Pina Wertzberger. Sheriff s Costs: Docketing 30.00 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Poundage 18.04 Postpone Sale 20.00 Auctioneer 10.00 Advertising 15.00 Levy 15.00 Posting Handbills 15.00 Mileage 17.60 Certified Mail .81 Share of Bills 19.57 Patriot News 348.80 Law Journal 389.00 $ 920.32 ? /0/14/010 S?o R. Thomas Kline, Sheriff BY Real Esta Sergeant ?? S 5 ?Sl I Fq'4 ? r v MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff VS. Charles Schwalm Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5931 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank National Association as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00082066} C 4. Name and Address of the last recorded holder of every mortgage of record: U.S. Bank National Association as Trustee (Plaintiff herein) 1100 Corporate Center Drive Raleigh, NC 27607 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 308 W. Maplewood Avenue Mechanicsburg, PA 17055 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. /) .. _ PhY,+S. W bbrger, Esquire Attorney Plaintiff Date: January 18, 2006 {00082066} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY Vs. Charles Schwalm Defendant(s) No.: 05-5931 NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriff s Sale on June 7, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $135,686.64 obtained by U.S. Bank National Association as Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 next page and how to obtain an attorney). (00082066) 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 bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 05-5-04388 {00082066} ALL THAT CERTAIN tract or parcel of land and promises, SITUATE, lying and being in the Borough of Mechanicsburg,in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows:- BEGINNING at a point on the Nord= curb line of West Maplewood Avenue at a corner of lot, now or formerly of William White and wife, formerly of Robert L. Strayer and Jan L. Strayer, his wife, said point being Eighty (80) feet measured in a Westerly direction along said curb line from an iron pin at comer of lot, now or formerly of Marvin.H. Brubaker and Anna B. Brubaker, his wife; then extending along the Northern curb line of West Maplewood Avenue in a Westwardly direction, a distance of Seventy-nine (79) feet,more or less to a point in the line of land, now or formerly of Howard J. Quigley; thence along said line of land, now or formerly of Boward L Quigley, in a Northwardly direction, a distance of One Hundred Seventy-six (1766) feet to a post; thence along the line of lots, now or formerly of Floyd Bentzell and Elmer Lehmer, in an Eastuvardly direction, a distance of Seventy-eight (78) Poet, more or less, to a point in the line of lot, now or formerly of William White and wife, aforesaid; thence along the line of said lot, now or formerly of William White and wife, in a Southwardly direction, a distance of One Hundred Seventy-six (176) feet, more or less, to an iron pin in the Northern curb line of West Maplewood Avenue, aforesaid, at the place of beginning. HAVING erected thereon a brick dwelling house. BEING KNOWN AS 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 PARCEL ID NO: 20-24-0785-0362 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling (00082066) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA). NO 05-5931 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From CHARLES SCHWALM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $135,686.64 L.L. $.50 Interest FROM 1/19/06 TO DATE OF SALE AT $22.30 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $119.60 Other Costs Plaintiff Paid Date: JANUARY 24, 2006 Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 Real Estate Sale # 22 On February 09, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 308 W. Maplewood Ave., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 09, 2006 By: j 6 Real Estate Sergeant ES :1 d 92 NVf 9001 Vd'AINfM QNV183owni J.4183NS 3Nl A 331330 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#22 . . . .................................. Sworn to and s sc ' d re me this 18th day of May 2006. A.D. Terry L. Russell, Notary Public Cityof H isburg, uphin County My Com fission it June 6, 2006 n liyn?ier? en v sodat nglNglatW! NOTARY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 SOW, M, peer W. mwkxoot A±el+?fsi d! Mt'# IIE33 BEER, PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 7, 14, 21, 2006 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TSAND SUBSCRIBED before me this 21 day of April , 2006 W) i a`?F,IAL SEAL L(`?^ ?. ' ; !`'^FR, Notary public f': r .:x CurnberIind County My Cc;-r-;oks?!on REAL ESTATE BALE NO. 22 Writ No. 2005-5931 Civil U.S. Bank National Association as Trustee VS. Charles Schwalm Atty.: Pina Wertzberger ALL THAT CERTAIN tract or par- cel of land and premises, SITUATE, lying and being in the Borough of Mechanicsburg in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the Northern curb line of West Maplewood Avenue at a corner of lot, now or formerly of William White and wife, formerly of Robert L. Strayer and Jan L. Strayer, his wife, said point being Eighty (80) feet measured in a Westerly direction along said curb line from an iron pin at comer of lot, now or formerly of Marvin H. Brubaker and Anna B. Brubaker, his wife; then extending along the Northern curb line of West Maplewood Avenue in a Westwardly direction, a distance of Seventy-nine (79) feet, more or less to a point in the line of land, now or formerly of Boward J. Quigley; thence along said line of land, now or formerly of Boward J. Quigley, in a Northwardly direction, a distance of One Hun- dred Seventy-six (176) feet to a post; thence along the line of lots, now or formerly of Floyd Bentzell and Elmer Lehmer, in an Eastwardly direction, a distance of Seventy- eight (78) feet, more or less, to a point in the line of lot, now or for- merly of William White and wife, aforesaid; thence along the line of said lot, now or formerly of William White and wife, in a Southwardly direction, a distance of One Hun- dred Seventy-six (176) feet, more or less, to an iron pin in the North- ern curb line of West Maplewood Avenue, aforesaid, at the place of HAVING erected thereon a brick dwelling house. BEING KNOWN AS 308 W. Maplewood Avenue, Mechanics- burg, PA 17055. PARCEL ID NO: 20-24-0785- 0362. IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling. r' MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Charles Schwalm, NO.: 05-5931 AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 Defendant. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Pina S. Wertzberger, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On December 13, 2006, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, Charles Schwalm, by the Sheriff's Office of Cumberland County. A copy of the Sheriff's return is attached hereto and made a part hereof as Exhibit "A". 2. On November 30, 2006, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". MPA,A na S. We erg , Attorney I 'No. 77274 Milstead and Associates, LLC Dated: February 28, 2007 U.S. Bank National Association as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Charles Schwalm Writ No. 2005-5931 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 2010 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Charles Schwalm, by making known unto Sandra Schwalm, wife of Charles Schwalm, at 308 West Maplewood Ave., Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 15 10 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Charles Schwalm located at 308 W. Maplewood Ave., Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Charles Schwalm, by regular mail to his last known address of 308 W. Maplewood Ave., Mechanicsburg, PA 17055. This letter was mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff j BY ?J Real Estat eputy J ?p O O cnV 0 (D (p 0o n1 p l0 00 V 0 0t A W N r N C)N?g O p O r NN O cl Z rC 3 z 2m CL w m or O.C Dc ?3 -vTO z? m sr- 60 c 0r c'mu,D co cn °o ? 0 N cf) 0 a d p rodo oc m'om 0 00 _0 cn p CD Q 5 r go CD ' Fl C) am' p boo ?' au'-) ?.o 0D a j O O CD ?a D W Q_ CD CL 0co o w K -e 0) CD rl 01 CD 0 a Z-0 -0 ???x D O 3 C/) o nnom -i C 0 c > ?cn -11 CD a 0m 0 c, CD' ? v m c? - o m a W NOV 3 M ., i ? 3 to of ?? X x RRV 1t D m < c1 '° vi r_" m w 00 0 a ° c 0 N y 4 64 o cm 3 ?'0 00m 001 90 0 07 O 0 0 0 ?(.0c y C m O' 3 3(0 7 C _ ?fu 0-j 0 O0 m - :3 CL a CL a) 3 a c m ? = .m m m C -n CL 3 CL m O 0 -0 EL?X• 3 f0 m N C " ? CA M oW N C m " -i 0 ? n cq w mS= Oo. v a m W ? m y 0 O, X y Q C N H • C m 3 m No 93 m -nX o D M ?aG O _ n?•O3? W? ox 'D CL S su .0 w K -.o aC ?= o CL (D vo- 33Q T to o? . m m rn m cn? -'o Q, U! O 7 01 (D 6%01 OmV 01 TN 0 m -w < y O 3 O 0 y cx (D _ w O O a m 3 { p C ( O CD 3 p? 0 C O( 0 n 0 =r O N ;o CL O S11 FA* -? u• =' c-.a r ?:sra€Y ss?.v .• a a a cr 01 (? (Q N 7 7 7 Q to 0 CD !? 10 00 9-00 N CD ? m a 03 0 CD CD U3 - a not CD CL (D CD 0 ? N = -n (o0m (n 7 - vi O m (D 3 67 0 0 O ? (? O T c z X c CA m X m 0 Z C z m O C'7 Q n m X T m v a z v z D m D z v D v 0 M m CD cn O T N m z v m i1 Z v n m v m 0 T D r 0 m 0 D .9 0 v_ m r O 0 X .V O CA D X X D z v v m 0 T m 0 m v ? -? ?? ? ---? 1 ?? ?1 ? ! .? ;} ?3' N '? r- - i' ; i .+ ?' MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Charles Schwalm, Defendant(s). TO THE PROTHONOTARY: No.: 05-5931 Praecipe to Satisfy Default Judgment and Discontinue and End Kindly Satisfy the Default Judgment filed on January 24, 2006 in the amount of $135,686.64 and Discontinue and End the above captioned Mortgage Foreclosure action without Prejudice. WTE SOCIATES, LLC We erger, Esquire Attorney ID No. 77274 ?' d a F ;n ' j co U.S. Bank National Association as Trustee VS Charles Schwalm In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5931 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Pina Wertzberger. Sheriff's Costs: Docketing $30.00 Poundage 600.00 Posting Handbills 15.00 Advertising 15.00 Prothonotary 1.00 Mileage 17.60 Certified Mail 3.09 Levy 15.00 Surcharge 20.00 Law Journal 377.00 Patriot News 373.55 Share of Bills 16.83 $1,484.07 So Answers: R. Thomas Kline, Shenff BYE) Real Estate Sergeant f 3`a /e 7 (?- ? , cw U2 S 7 ?j.? ?r MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee - Plaintiff VS. Charles Schwalm Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5931 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND U.S. Bank National Association as Trustee, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Charles Schwalm 308 W. Maplewood Avenue Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {00137036} 4. Name and Address of the last recorded holder of every mortgage of record: U.S. Bank National Association as Trustee (Plaintiff herein) 1100 Corporate Center Drive Raleigh, NC 27607 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant Department of Domestic Relations 308 W. Maplewood Avenue Cumberland County Courthouse Mechanicsburg, PA 17055 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. ina S. Wertz erger, Esquire Attorney for Plaintiff Date: November 28, 2006 {00137036} MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff U.S. Bank National Association as Trustee Plaintiff Vs. Charles Schwalm Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 05-5931 : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 308 W. Maplewood Avenue, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on March 7, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $135,686.64 obtained by U.S. Bank National Association as Trustee. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 next page and how to obtain an attorney). {00137036} 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 bid price by calling Milstead and Associates, LLC at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a Deed to the Buyer. At that time, the Buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of distribution of the money bid for your house will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after 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. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 05-5-04388 {00137036} " WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5931 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE, Plaintiff (s) From CHARLES SCHWALM (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $135,686.64 L.L. Interest FROM 1/19/06 TO DATE OF SALE AT $22.30 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $1,052.42 Other Costs Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) Curti R. Long, Pr otary By: Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC WOODLAND FALLS CORPORATE PARK 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 Real Estate Sale # 63 On December 4, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 308 W. Maplewood Ave., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 4, 2006 By: 'Ild Real tate Sergeant THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ., . .. ...................................... COPY Sworn to d bscr' before me this 26th day of February 2007 A.D. S A L E #63 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Te L. Russell, tary P li , t?f Harrisburg„ res t CO y(Commission E ire s n , 2010 0 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 lb vw- Sid p M IL of ow Of coo ?:BiF: PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne,, Editor WORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTA 'V.. SEAL - LCIS E. !,?JN ?ER, Notary Public 'e Brro, "ur;lberlrrrd County March 5, 209 REAL ESTATE SALE NO. 63 Writ No. 2005-5931 Civil U.S. Bank National Association as Trustee VS. Charles Schwalm Atty.: Pina Wertzberger ALL THAT CERTAIN tract or par- cel of land and premises, SITUATE, lying and being in the Borough of Mechanicsburg, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly de- scribed as follows: BEGINNING at a point on the Northern curb line of West Maple- wood Avenue at a corner of lot, now or formerly of William White and wife, formerly of Robert L. Strayer and Jan L. Strayer, his wife, said point being Eighty (80) feet measured in a Westerly direction along said curb line from an iron pin at corner of lot, now or formerly of Marvin H. Brubaker and Anna B. Brubaker, his wife; then extending along the Northern curb line of West Maple- wood Avenue in a Westwardly di- rection, a distance of Seventy-nine (79) feet, more or less to a point in the line of land, now or formerly of Boward J. Quigley; thence along said line of land, now or formerly of Boward J. Quigley, in a Northwardly direction, a distance of One Hun- dred Seventy-six (176) feet to a post; thence along the line of lots, now or formerly of Floyd Bentzell and Elmer Lehmer, in an Eastwardly direction, a distance of Seventy- eight (78) feet, more or less, to a point in the line of lot, now or for- merly of William White and wife, aforesaid; thence along the line of said lot, now or formerly of William White and wife, in a Southwardly direction, a distance of One Hun- dred Seventy-six (176) feet, more or less, to an iron pin in the North- ern curb line of West Maplewood Avenue, aforesaid, at the place of beginning. HAVING erected thereon a brick dwelling house. BEING KNOWN AS 308 W. Maplewood Avenue, Mechanics- burg, PA 17055. PARCEL ID NO: 20-24-0785- 0362. IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling.