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
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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-
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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}
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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)
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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
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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
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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)
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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
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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
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a
F ;n
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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 (?-
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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
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?: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.