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HomeMy WebLinkAbout05-5995 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, Vs. Robert W. Shields 19 South Humer Street Enola, PA 17025, and Gretchen E. Shields 19 S. Humer Street Enola, PA 17025, Defendants. Attorney for Plaintiff File No.: 5.04417 COURT OF COMMON PLEAS CUMBERLAND COUNTY CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER 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 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. MILSTEAD & ASSOCIATES, LLC BY:Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Deutsche Bank National Trust Company as Trustee, 1100 Corporate Center Drive Raleigh, NC 27607 Plaintiff, Vs. Robert W. Shields 19 South Humer Street Enola, PA 17025, and Gretchen E. Shields 19 S. Humer Street Enola, PA 17025, Defendants. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, Deutsche Bank National Trust Company 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. Defendants, Robert W. Shields and Gretchen E. Shields, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described. 3. Robert W. Shields, Defendant, resides at 19 South Humer Street, Enola, PA 17025. Gretchen E. Shields, Defendant, resides at 19 S. Humer Street, Enola, PA 17025. 4. On March 19, 2004, in consideration of a loan in the principal amount of $91,600.00, the Defendants executed and delivered to New Century Mortgage Corporation a note (the "Note") with interest thereon at 7.8000 percent per annum, payable as to the principal and interest in equal monthly installments of $659.41 commencing May 1, 2004. 5. To secure the obligations under the Note, the Defendants executed and delivered to New Century Mortgage Corporation a mortgage (the "Mortgage") dated March 19, 2004, recorded on March 19, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1857, Page 4806. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The aforesaid mortgage has since been assigned to Deutsche Bank National Trust Company 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"): 19 S. Homer Street, Enola, PA 17025. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 8. The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due March 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 $90,940.84 Accrued but Unpaid Interest from 3/1/05 to $5,635.50 11/17/05 @ 7.8000% per annum ($19.43 per diem) Accrued Late Charges $296.73 Corporate Advance $5,635.50 Escrow Advance $2,620.00 Title Search Fees $350.00 Reasonable Attorney's Fees $1,250.00 TOTAL as of 11/17/2005 $106,728.57 Plus, the following amounts accrued after November 17, 2005: Interest at the Rate of 7.8000 per cent per annum ($19.43 per diem); Late Charges of $32.97 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 Defendants at 19 S. Humer Street, Enola, PA 17025 as well as to address of residences as listed in paragraph 3 of this document on August 26, 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 Defendants for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $106,728.57, plus the following amounts accruing after November 17, 2005, to the date of judgment: (a) interest of $19.43 per day, (b) late charges of $32.97 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. SOCIATES, LLC Esquire Attorney for 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 unworn falsification to authorities. Title: Attorney 90-01427488 SCHED= "A" ALL TffiS CERTAIN LOT OF LAND BITUATS IN THE TOWNSHIP OF BAST PENNeBORO, COONTY OF CHmRLAND, STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS; BEGIN LOT NO, 11 AND 12 SECTION C ON THE PLAN OF LOTS OP WEST ENCLA, SAID PLAN BEING RECORDED IN PLAN BOCK 1, PAGE 29, EACH OF SAID LOTS FROWTING 50 FEET ON T8E WEST SIDS OF MMM STREET (FORMERLY SOMERSET STREET) AN EKTENDING BACK AT EVEN WIDTH 140 FEET TO A 15 FEET WIDE ALLEY, HAVING TREMOR ERECTED A DWELLING RODS! NO. 19 HUMS. STREET, INDIA, PENNSYLVANIA BEING THE SANE PROPERTY CONVEYED TO ROBERT W. SHIELDS, JR. CRETCEEW SHIELDS HUSBAND AND WIFE BY DIED FROK ESTATE OS DOROTST ROSE KUNG DEA DOROTRY B. FLING ROT R. KLING CAROLYN KLING LARRY KUNG BARBARA E- KLING RECORDED 03/23/2004 IN DEED BOOK 262 PAGE 516, in THE OFFICE OP THE RECORDER OF DEEDS OF CmetALAND CODNTY, PENNSYLVANIA. TAX ID# 09-14-0834-250 FXII-!!QIT A HOMEQ SERVICING DF785 ROBERT W SHIELDSJR 19 S HUMER ST ENOLA, PA 17025 August 26, 2005 0321712887 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. Specific information about 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 Lou 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, PUES 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 EM BIT El E WACHOVTA 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. 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 OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO 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 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: 19 S HUMER ST ENOLA, PA 17025 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: 6 b) Delinquent Amount Due: $4,193.03 c) Late Charges: $0.00 d) Recoverable Corporate Advances: $0.00 e) Other Charges and Advances: $25 I) Less funds in Suspense: $0.00 g) Total amount required as of (due date): $4,218.03 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 $4,218.03 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 your 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 $50.00. Any attorneys' fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period yon 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 Q 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 Sheriffs 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 Sheriffs 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 Sheriffs 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.co.us/CAB.HTM [web site maintained by the State of Colorado) HOMEQ SERVICING DF785 GRETCHEN E SHIELDS 19 S HUMER ST ENOLA, PA 17025 August 26, 2005 0321712887 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 Specific information about 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 nhone 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 im aired hearin 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, PUES 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 0 WACHOVIA, 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. 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 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 counseline 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 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: 19 S HUMER ST ENOLA, PA 17025 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: 6 b) Delinquent Amount Due: $4,193.03 c) Late Charges: $0.00 d) Recoverable Corporate Advances: $0.00 e) Other Charges and Advances: $25 f) Less funds in Suspense: $0.00 g) Total amount required as of (due date): $4,218.03 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 $4,218.03 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 Your 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 $50.00. Any attorneys' fees will be added to the amount you owe the lender/servicer, which may also include other reasonable costs. If you 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 Sheriffs Sale as specified in writing by the lender/servicer and byperformine any other requirements under the morteaee. 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 Sheriffs 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 tender/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 Sheriffs sale, a lawsuit to remove you and your fumishings 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.co.us/CAB.HTM [web site maintained by the State of Colorado) ? ? ``?' (? r? -„ ? ? ? ? ? ? z ?? ? ? ?s.? ?? C J _ ` { "; ?? 'ti CASE NO: 2005-05995 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS ROBERT W ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHIELDS ROBERT W the DEFENDANT , at 2006:00 HOURS, on the 25th day of November , 2005 at 19 SOUTH HUMER STREET ENOLA, PA 17025 by handing to ROBERT W SHIELDS a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs Docketing 18.00 Service 15.36 Affidavit .00 Surcharge 10.00 .00 43.36 Sworn and Subscribed to before m?ep this day of iVc aZUp A.D. Prot Ho ota So Answers: R. Thomas Kline 11/29/2005 MILSTEAD & ASSOCIATES By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-05995 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS SHIELDS ROBERT W ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE SHIELDS GRETCHEN E the DEFENDANT , at 2006:00 HOURS, on the 25th day of November , 2005 at 19 SOUTH HUMER STREET ENOLA. PA 17 ROBERT W SHIE was served upon by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before mepp this &w day of Occ.L" l? 2 60 J, A.D. EzLi? PrQ nota So Answers: t R. Thomas Kline 11/29/2005 MILSTEAD & ASSOCIATES By. ,13eputy 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 Deutsche Bank National Trust Company as Trustee 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, Vs. Robert W. Shields 19 South Humer Street Enola, PA 17025 Gretchen E. Shields 19 South Humer Street Enola, PA 17025, Attorneys for Plaintiff : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5995 Civil PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment in favor of Plaintiff and against Robert W. Shields and Gretchen E. Shields, Defendants 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 Plaintiffs damages as follows: As set forth in Complaint $106,728.57 Interest-11/18/05 to 1/30/06 1,437.82 Late Charges 65.94 Corporate Advance 2,392.50 TOTAL $110,624.83 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordai DAMAGFe? ARE HEREBY ASSESSED AS INI DATE: {00083982} 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. CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, PA 17013 717-244-3166 Pina S. Wertzberger, Esquire # 77274 (00078366} Page 2 of 2 J? 3 u W U-1 G F- ?-y N N .6" q? -r , 41, 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 Deutsche Bank National Trust Company as : COURT OF COMMON PLEAS Trustee : CUMBERLAND COUNTY 1100 Corporate Center Drive Raleigh, NC 27607, Plaintiff, No.: 05-5995 Civil Vs. Robert W. Shields 19 South Humer Street Enola, PA 17025 Gretchen E. Shields 19 South Humer Street Enola, PA 17025, Defendants. 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: 1. 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, Robert W. Shields is over 18 years of age and resides at 19 South Humer Street, Enola, PA 17025. 3, defendant, Gretchen E. Shields is over 18 years of age and resides at 19 South Humer Street, Enola, PA 17025. {000839s2p l7 ? r1R c:;; ?T• -n ;? ?, e ? ?'-f N 1? ?,; l? 'Y^. i C? ?;?, N A ._ .G" In the Court of Common Pleas of Cumberland County, PA Deutsche Bank National Trust Company as Trustee Plaintiff Vs. Robert W. Shields Gretchen E. Shields 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: Robert W. Shields Gretchen E. Shields 4. Real property involved: 19 South Homer Street Enola, PA 17025 AMOUNT DUE $110,624.83 INTEREST From 1/31/06 to Date of $ Sale at $18.18 per diem TOTAL $ (Costs to be added) January 30, 2006 , Esquire Attorney for CIVIL ACTION NO.: 05-5995 Civil (000839821 i ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Section C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street(formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. BEING KNOWN AS 19 South Humer Street, Enola, PA 17025 PARCEL ID NO: 09-14-0834-250 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling 100021124} n W ? o ? c b s- c 1 ? (n ' V: h (! - c p C G` C t? U a "fl Cl ? C? If " r WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5995 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff (s) From ROBERT W. SHIELDS AND GRETCHEN E. SHIELDS (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 $110,624.83 L.L. $.50 Interest FROM 1/3/06 TO DATE OF SALE AT $18.18 PER DIEM Atty's Comm % Due Prothy $1.00 Arty Paid $141.36 Plaintiff Paid Date: FEBRUARY 2, 2006 (Seal) Other Costs ?I Prothonotary V 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 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 Deutsche Bank National Trust Company as Trustee COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff VS. Robert W. Shields Gretchen E. Shields No.: 05-5995 Civil : AFFIDAVIT PURSUANT : TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Deutsche Bank National Trust Company 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 19 South Humer Street, Enola, PA 17025: 1. Name and address of Owners(s) or Reputed Owner(s): Robert W. Shields 19 South Humer Street Enola, PA 17025 Gretchen E. Shields 19 South Humer Street Enola, PA 17025 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 {00083982) 4. Name and Address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company as Citifinancial, Inc. Trustee 3401 Hartzdale Drive, Suite 126 (Plaintiff herein) Camp Hill, PA 17011 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 19 South Humer Street Enola, PA 17025 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 1 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 unsworn falsification to authorities. P a ertzber er, squire Attorney for Plai tiff Date: January 30, 2006 {00083982} f -r7i. co i ,? N 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 Deutsche Bank National Trust Company as Trustee Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY : No.: 05-5995 Civil Vs. Robert W. Shields Gretchen E. Shields Defendant(s) : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 19 South Humer Street, Enola, PA 17025 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 $110,624.83 obtained by Deutsche Bank National Trust Company 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. 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). {00083982} 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 05-5-04417 {00083982 ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Section C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street(formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. BEING KNOWN AS 19 South Humer Street, Enola, PA 17025 PARCEL ID NO: 09-14-0834-250 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00083982} N (7 ?r?y ? ? ' (;) ?n ._ ? J ^n rn ? T T, . rs9 G? r _?r,z ' t c? r? ' :, c. } _ ?;'. c i ""? :5rii C? i '?i ? ?-+'?l. 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 Deutsche Bank National Trust Company as Trustee Plaintiff Vs. Robert W. Shields Gretchen E. Shields Defendants : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5995 Civil AFFIDAVIT PURSUANT TO Pa.R.C.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 2, 2006, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendants, Robert W. Shields and Gretchen E. Shields, by the Sheriff's Office of Cumberland County. A copy of the Sheriff's returns 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". Attorney ID No. (00102765) Deutsche Bank National Trust Company As Trustee VS Robert W. Shields and Gretchen E. Shields In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-5995 Civil Term Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 02, 2006 at 5:19 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Robert W. Shields and Gretchen Shields, by making known unto Gretchen Shields, personally and wife, of Robert W. Shields, at, 19 South Humer Street, Enola, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally 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 2:13 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert W. Shields and Gretchen E. Shields located at 19 South Humer Street, Enola, 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 defendants, to wit: Robert W. Shields and Gretchen E. Shields by regular mail to their last known address of 19 South Humer Street, Enola, PA 17025. These letters were 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 s• R. 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"Sl +' L ! «r __. ? _ ..?. { ?? r n c. ? -r cd`' .-L Deutsche Bank National Trust Company In The Court of Common Pleas of As Trustee Cumberland County, Pennsylvania VS Writ No. 2005-5995 Civil Term Robert W. Shields and Gretchen E. Shields R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Pina Wertzberger. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Prothonotary 1.00 Law Library .50 Poundage 12.34 Advertising 15.00 Levy 15.00 Posting Handbills 15.00 Postpone Sale 20.00 Certified Mail .98 Mileage 26.40 Share of Bills 19.57 Patriot News 246.80 Law Journal 197.00 $ 629.59 V 9/I4"OG 9'., So Answers: R. Thomas Kline, Sheriff BY O GF2?1 Real Estate ergeant gz4q i i` l 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 Deutsche Bank National Trust Company as Trustee Plaintiff VS. Robert W. Shields Gretchen E. Shields : COURT OF COMMON PLEAS : CUMBERLAND COUNTY No.: 05-5995 Civil AFFIDAVIT PURSUANT TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Deutsche Bank National Trust Company 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 19 South Humer Street, Enola, PA 17025: 1. Name and address of Owners(s) or Reputed Owner(s): Robert W. Shields 19 South Humer Street Enola, PA 17025 Gretchen E. Shields 19 South Humer Street Enola, PA 17025 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 {00083982} 4. Name and Address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company as Citifinancial, Inc. Trustee 3401 Hartzdale Drive, Suite 126 (Plaintiff herein) Camp Hill, PA 17011 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 19 South Humer Street Enola, PA 17025 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. (} ,1 Attorney for Date: January 30, 2006 {00083982} ZS :i d 9- 933 90D1 bd *,kiHnOJ Q>iV` UBW O AIMS 3N1 A 3313JO 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 Deutsche Bank National Trust Company as Trustee Plaintiff Vs. Robert W. Shields Gretchen E. Shields Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : No.: 05-5995 Civil NOTICE OF SHERIFF'S SALE OY : REAL PROPERTY PURSUANT TO PA.R.C.P. 3129 TAKE NOTICE: Your house (real estate) at 19 South Humer Street, Enola, PA 17025 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 $110,624.83 obtained by Deutsche Bank National Trust Company 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). {000839821 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 N ilstead 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 05-5-04417 {000839821 ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Section 'C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street(formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. BEING KNOWN AS 19 South Humer Street, Enola, PA 17025 PARCEL ID NO: 09-14-0834-250 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {00083982} ZS :I d 9- 933 9001 ba ,kimoo ao id3awn 33183HS 3N1 30 331330 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5995 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff (s) From ROBERT W. SHIELDS AND GRETCHEN E. SHIELDS (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 $110,624.83 L.L. $.50 Interest FROM 1/3/06 TO DATE OF SALE AT $18.18 PER DIEM Atty's Comm % Due Prothy $1.00 Atty Paid $141.36 Plaintiff Paid Date: FEBRUARY 2, 2006 Other Costs Prothonotary A (Seal) 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 By: Deputy Real Estate Sale # 18 On February 08, 2006 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 19 South Humer Street, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 08, 2006 By: Jt cii-I (MX-) Real Estate Sergeant ES *1 d 9- 833 9001 Vd'A1Hi10J LNV_183dWn3 AA183HS 3N1 A 331J30 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#18 REAL ES ME &4W pw " . D 110dm0 COmMW as ifuNse Robert W. SlaM N and tirOthen E. Shi lds Aft may Phtto Wwftb@qW D W f ell, ALL THAT CERTAIN totpf Lad situe m the Camhedaod, State of Tom of,boooded ad ammil ed as follows; BEING Lott No. 11 and i2 Seed. C oa the Phu of Lots of West Fmb, said plan b=g recMW is Plan Book 1, Page 29, each of said Lots frmtieg Edy M)-fpet am the West side of Homer Skeet (f sr eedy Sotowd Street) and e ag`back at even width 140 feet $as 15 feet wde alley. Having 6nn erected a dwell ft house No.1?HewsSt mt,Fmla, , BEING KNOWN AS 19 South Hauser Stnea, Ends^ 17075 PAKEL IDNo. e9-14-0634-25o .....................Fs' .'F01.. ./.,Qr?rc rrri r. ??.F........................ Sworn to ands ed re NOTARIAL SEAL Terry L. Russell, Notary Public City of Harrisburg, Dauphin County ommission ires June 6, 2006 'tQmho, °ennsylva aAssociati Notaries NOTARK PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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 0 AND SUBSCRIBED before me this 21 day of April, 2006 Ivy?i.."It_7bEAL LGI P.' nk. ?,!qty Public C.'irll` I. '. y '.rll Cor r°y REAL ESTATE BALE NO. 18 Writ No. 2005-5995 Civil Deutsche Bank National Trust Company as Trustee VS. Robert W. Shields and Gretchen E. Shields Atty.: Pina Wertzberger ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Sec- tion C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street (formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. BEING KNOWN AS 19 South Humer Street, Enola, PA 17025. PARCEL ID NO: 09-14-0834- 250. IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Deutsche Bank National Trust Company as Trustee, CIVIL ACTION Plaintiff, Vs. Robert W. Shields and Gretchen E. Shields, Defendants. NO.: 2005-05995 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: Robert W. Shields Gretchen E. Shields Real Property involved: 19 South Humer Street Enola, PA 17025 Amount Due Interest from 1/30/06 to 6/13/07 at $18.18 per diem (6%) $110,624.83 TOTAL (Costs to be added) DATE: March 13, 2007 Respectively submitted, Milstead & Ass fates, LLC na S. Wertz rger, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Section C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street(formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. Being known as 19 South Humer Street, Enola, PA 17025 Tax Parcel Number: 09-14-0834 rz-) w • • • V ? i ? E?-.,3 i ?!3? ti 1 A A ?? t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-5995 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff (s) From ROBERT W. SHIELDS AND GRETCHEN E. SHIELDS (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 $110,624.83 L.L. Interest FROM 1/30/06 TO 6/13/07 AT $18.18 PER DIEM (6%) Atty's Comm % Due Prothy $1.00 Atty Paid $783.45 Other Costs Plaintiff Paid Date: MARCH 14, 2007 (Seal) REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 77274 Deputy S , ()qy l-7 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Robert W. Shields, Jr. Gretchen E. Shields f/k/aGretchen E. Kling, Debtors, Deutsche Bank National Trust Company Movant, vs. Robert W. Shields, Jr., Gretchen E. Shields, Respondents. Bankruptcy No. 1:06-bk-01898-MDF Chapter 13 ORDER AND NOW, upon consideration of the Motion of Deutsche Bank National Trust Company for relief from the automatic stay, and after notice, no objection having been filed thereto, it is hereby ORDERED and DECREED that the Automatic Stay be modified to permit Deutsche Bank National Trust Company as Trustee to proceed with a foreclosure on the property located at 19 S. Humer Street, Enola, PA 17025. By the Cow, 1 7 IUA- I tAl-kr Dated: March 5, 2007 B p lud e This document is electronically signed and filed on the same date. w 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 Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee, CUMBERLAND COUNTY Plaintiff, No.: 2005-05995 Vs. AFFIDAVIT OF SERVICE Robert W. Shields PURSUANT TO RULE 3129.1 and Gretchen E. Shields, ! Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Deutsche Bank National Trust Company 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 19 South Humer Street, Enola, PA 17025: 1. Name and address of Owners(s) or Reputed Owner(s): Robert W. Shields 19 South Humer Street Enola, PA 17025 Gretchen E. Shields 19 South Humer Street Enola, PA 17025 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 4. Name and Address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company as Citifinancial, Inc. Trustee 3401 Hartzdale Drive, Suite 126 (Plaintiff herein) Camp Hill, PA 17011 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 19 South Humer Street Enola, PA 17025 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 unsworn falsification to authorities. A"- Wn'A' . We rger, Esquire Attorney for laintiff Date: March 13, 2007 r ?.'? ..-.? +? . ? `7 Z _.. .?»? ...r ?. ? s-a.+ p...-? . -?.-4 ._ - .... . _.,..? _,, _ f .. - j . , .. ?' 1 ? .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 Deutsche Bank National Trust Company as Trustee, Plaintiff, Vs. Robert W. Shields, and Gretchen E. Shields, Defendants. TAKE NOTICE: COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2005-05995 NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 19 South Humer Street, Enola, PA 17025, is scheduled to be sold at sheriff s sale on June 13, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $110,624.83 obtained by Deutsche Bank National Trust Company 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 & 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 following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates 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 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 thirty 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. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 5.04417 ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Section C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street(formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. Being known as 19 South Humer Street, Enola, PA 17025 Tax Parcel Number: 09-14-0834 x ? ??? ..-,_. '?Z J 1 5._ ?y .. ^-, f .. aan.. "t .?-t •• `:T rn^. ?? i . _ ??: 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 Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee, + CUMBERLAND COUNTY Plaintiff, NO.: 2005-05995 Vs. AFFIDAVIT PURSUANT TO Robert W. Shields Pa.R.C.P. 3129.2 and Gretchen E. Shields, Defendants. ' COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND I, Pina S. Wertzberger, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On March 23, 2007, a copy of the Notice of Sheriff s Sale of Real Property was served on the defendant by certified mail, returned receipt requested. Copies of the signed certified cards are attached hereto and made a part hereof as Exhibit "A". 2. On March 26, 2007, 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". Pina S. Wertz rger, Esq. Attorney ID o. 77274 Milstead and Associates, LLC Dated: May 14, 2007 er' r ------------------------ ------ ------------- ------- --- 2. Article Number ------- Crlr.!P[.ETE TH SEC I ION ON DELIVERY rly) t?Y..(. B. Date of [-Wa y T ` f f' ] i f C. r X , 0 Agent 7160 3901 9844 9190 7955 Addressee D. Is delivery address ditiarent Nriam4? ? Yes If YES, enter delivery beldws:. ? No 3. Service Type CERTIFIED MAIL J ;. 4. Restricted Delivery? (Extra Fee) Dyes 1. Article Addressed to: RobertW. Shields 19 South Humer Street 5.04417 Enola, PA 17025 IGMW PS Form 3811, January 2005 Domestic Return Receipt r-----------------------------------------------------------------°-----°. 2. Article Number A.,?` Ived by (Please Print Clearly) B. Date of Delivery 1'?J?icri; W Siv:tCO?S C. s re X ? Addressee 7160 3401 9849 9140 7946 D. Is delivery address ddlarent from item 17 ? Yes If YES, anter delivery address below: No 3. Service Type CERTIFIED MAIL 4. Restricted Delivery? (Extra Fee) Yes 1. Article Addressed to: Gretchen E. Shields' 114 South Humer Street --- 5.04417 V Enola, PA 17025 I GMW PS Form 3811, January 2005 Domestic Return Receipt e E E ami LL N O Y d m s R v p ? c • ? i a U y y L R Y d O N Q Z m U fA LL m C S G1 m CL - :En Nu 6 R Co N n? a:LL 4 0 ..p °' m O D mU y N U c c? c m ? In- pia ° a y O 7 a o m: ?? M m C ? ? L ?u ? m m - ?p ?C)U ?00 C J t r R O LL Wn. m NQ m'S N WU O- o m O?Utiio Q 4 y ? -? p?y`L ?Z 4 ?mT LL1 R Y R W ? 43J Q _l O , r N 9 mQ -00 o ° o. m m Z m v 'C 4 Zu090"3a0OdiZ U`JOcid 0311M A LuOZ Sz%'+?W zy988EZOC+O oo LO ?dl z0 i:3M0fl A3Nlld -axncr. l ? C rn ?+ ? ? V7 • ryJ? U ? .•-? ?N 4- U cn I :w i3 Z O co ~cd ta cd ? 0 ? UQP-1xpv u U M d ,? Iw Ir ?ao Irn ICV 0 1°n ? T y -: C y O m O Co m y m U 2 ?+ 3 m L C 't7 O- U E N C ?"' d W C m O 0 R 02 y 0 C m U1 C C m L71 R LA V a U) R0o?? R Z p? m°3oy mYa°? va?i -p 0 oO NL - TUO•tit fA- m R Q N c r2 b y -0 E N E oUU O a 0 .0 U) 4) T 0 -0 O W fl N G ?_ ? Ir T'2 12 y E R R O C •C U m E OZZ 0 - R y lE Lx0 N d j C C y E Q Z o. O R °m y "U o U l?-W m c Ep c vm'DcXO4o R R 7 Q C C U. Umo? l ?f0c _ aoio ?F-O R Ep R v -Roo - L&Eow H d m T O E m 0 m E R Z O p •o v Z tv ? U C t°-au> v F 00 v °o O C"? "' `r1 c? n, ; gT,^ cv `-'' ;.. _- ?-?• _. , l ?i _ { ? _ .?` ?? ?.. -i COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Deutsche Bank Natl Tr Co Tr is the grantee the same having been sold to said grantee on the 13th day of June A.D., 2007, under and by virtue of a writ Execution issued on the 14th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 5995, at the suit of Deutsche Bank National Tr Co Tr against Robert W Shields, Gretchen E is duly recorded in Deed Book No. 281, Page 36. IN TESTIMONY WHEREOF, I have hereunto set my hand -zt- and se,#l of said office this day of A.D. Recorder of Deeds "#* ftMft*01jVL2M0 Deutsche Bank National Trust Company In the Court of Common Pleas of As Trustee Cumberland County, Pennsylvania VS Writ No. 2005-5995 Civil Term Robert W. Shields and Gretchen E. Shields Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on April 3, 2007 at 2003 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Robert W. Shields and Gretchen E. Shields, by making known unto Robert Shields, personally and adult in charge for Gretchen E. Shields, at 19 South Humer Street, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1136 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 Robert W. Shields and Gretchen E. Shields, located at 19 South Humer Street, Enola, 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 defendants, to wit: Robert W. Shields and Gretchen E. Shields, by regular mail to their last known address of 19 South Humer Street, Enola, PA 17025. These letters were mailed under the date of April 5, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 13, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Pina Wertzberger, on behalf of Deutsche Bank National Trust Company as Trustee. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company as Trustee, of 701 Corporate Center Drive, Raleigh, NC 27067, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $871.82. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed $30.00 17.10 15.00 15.00 48.00 10.00 1.00 30.72 15.00 30.00 355.00 224.33 16.17 25.00 39.50 $ 871.82 ? 9?+, ?)U107 61-AA Y?.U? 1.? jq4 y.z 9 R. Thomas Kline, Sheriff BY-W40L??- ,* 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 Deutsche Bank National Trust Company as COURT OF COMMON PLEAS Trustee, CUMBERLAND COUNTY Plaintiff, ; No.: 2005-05995 Vs. AFFIDAVIT OF SERVICE Robert W. Shields PURSUANT TO RULE 3129.1 and Gretchen E. Shields, Defendants. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND Deutsche Bank National Trust Company 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 19 South Humer Street, Enola, PA 17025: 1. Name and address of Owners(s) or Reputed Owner(s): Robert W. Shields Gretchen E. Shields 19 South Humer Street 19 South Humer Street Enola, PA 17025 Enola, PA 17025 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 I 4. Name and Address of the last recorded holder of every mortgage of record: Deutsche Bank National Trust Company as Citifinancial, Inc. Trustee 3401 Hartzdale Drive, Suite 126 (Plaintiff herein) Camp Hill, PA 17011 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 19 South Humer Street Enola, PA 17025 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. n--Wert urger, Esquire Attorney for laintiff Date: March 13, 2007 AV V 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 Deutsche Bank National Trust Company as Trustee, Plaintiff, Vs. Robert W. Shields, and Gretchen E. Shields, Defendants. TAKE NOTICE: COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 2005-05995 NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 19 South Humer Street, Enola, PA 17025, is scheduled to be sold at sheriffs sale on June 13, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $110,624.83 obtained by Deutsche Bank National Trust Company 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 & 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 following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates 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 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 thirty 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. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 5.04417 ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Section C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street(formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. Being known as 19 South Humer Street, Enola, PA 17025 Tax Parcel Number: 09-14-0834 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 05-5995 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY AS TRUSTEE, Plaintiff (s) From ROBERT W. SHIELDS AND GRETCHEN E. SHIELDS (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 $110,624.83 L.L. Interest FROM 1/30/06 TO 6/13/07 AT $18.18 PER DIEM (6%) Atty's Comm % Due Prothy $1.00 Atty Paid $783.45 Other Costs Plaintiff Paid Date: MARCH 14, 2007 (Seal) Deputy REQUESTING PARTY: Name PINA S. WERTZBERGER, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 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 # 103 On March 16, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 19 South Humer Street, b CVQ Enola, more fully described on Exhibit "A" ? filed with this writ and by this reference incorporated herein. Date: March 16, 2007 By Real Estate Sergeant ?i ;fitJ tl? Is Q PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27, May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this A _day of MM, 2007 LO!c c r??r: F lu.'an n.°?h!'sc I J': FALAL 28TATE SAM NO. 103 Writ No. 2005-5995 Civil Deutsche Bank National Trust Company as Trustee VS. Robert W. Shields and Gretchen E. Shields Atty.: Pina Wertzberger ALL THAT CERTAIN lot of land situate in the Township of East Pennsboro, County of Cumberland, State of Pennsylvania, bounded and described as follows: BEING Lots No. 11 and 12 Sec- tion C on the plan of Lots of West Enola, said plan being recorded in Plan Book 1, Page 29, each of said Lots fronting fifty (50) feet on the west side of Humer Street (formerly Somerset Street) and extending back at even width 140 feet to a 15 feet wide alley. Having thereon erected a dwelling house No. 19 Humer Street, Enola, Pennsylvania. Being known as 19 South Humer Street, Enola, PA 17025. Tax Parcel Number: 09-14-0834. THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#103 Notarial Seat -ferry L. Russell, Notary Public Cray Of Harrisburg, Dauphin County mmission Expires June 6, 2010 Mem r, Penn Iv nia Association of Notaries CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Sworn to and subscribed before me this 18th daY of..Mav.2007 A.D.