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Home My WebLink About06-0448 MILSTEAD & ASSOCIATES, LLC BY: Pina S, Wertzberger, Esquire ID No, 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 MERS PO Box 2026 Flint, MI 48501, Attorney for Plaintiff File No,:7.04620 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: Ol, - 4LJP CluL y~ Christopher Brockman 28 E Locust St. Mechanicsburg, P A 17055, CIVIL ACTION MORTGAGE FORECLOSURE and Kim Keiser 28 E Locust St. Mechanicsburg, P A 17055, Defendants. 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, PAl 70 13 717-249-3166 ************************************************************************************************** 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 HilI, NJ 08002 (856) 482-1400 Attorney for Plaintiff MERS, PO Box 2026 Flint, MI 48501 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: Dl... - LJlj/ C,u'.L'T8z-~ Vs. Christopher Brockman 28 E Locust St. Mechanicsburg, P A 17055, CIVIL ACTION MORTGAGE FORECLOSURE and Kim Keiser 28 E Locust St. Mechanicsburg, P A 17055, Defendants. COMPLAINT IN MORTGAGE FORECLOSURE 1, Plaintiff, MERS (the "Plaintiff"), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at PO Box 2026, Flint, MI 48501. 2. Defendants, Christopher Brockman and Kim Keiser, (collectively, the "Defendants"), are adult individuals and are the real owners of the premises hereinafter described, 3, Christopher Brockman, Defendant, resides at 28 E Locust St., Mechanicsburg, P A 17055, Kim Keiser, Defendant, resides at 28 E Locust St., Mechanicsburg, PA 17055, 4, On May 13,2004, in consideration of a loan in the principal amount of $245,000,00, the Defendants executed and delivered to Finance America, LLC dba Finam, LLC a note (the "Note") with interest thereon at 6,74 percent per annum, payable as to the principal and interest in equal monthly installments of$1587.44 commencing May 13,2004, 5, To secure the obligations under the Note, the Defendants executed and delivered to Finance America, LLC dba Finam, LLC a mortgage (the "Mortgage") dated May 13,2004, recorded on May 21, 2004 in the Department of Records in and for the County of Cumberland under Mortgage Book 1866, Page 2673. Pursuant to Pa,R.C,P, 1019 (g) the mortgage is incorporated herein by reference, 6, The Mortgage secures the following real property (the "Mortgaged Premises"): 28 East Locust Street, Mechanicsburg, PA 17055, A legal description ofthe Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof, 7, The Defendants are in default of their obligations pursuant to the Note and Mortgage because payments of principal and interest due May 21, 2004, 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, 8, The following amounts are due on the Mortgage and Note: Balance of Principal $241,701.91 Accrued but Unpaid Interest from 10/1/05 to $6,273,12 1/20/06 @ 6,74% per annum ($44,63 per diem) Accrued Late Charges $634,96 Escrow Advance $2,682,00 Title Search Fees $350,00 Reasonable Attorney's Fees $1,250,00 TOTAL as of 01/20/2006 $252,891.99 Plus, the following amounts accrued after January 20, 2006: Interest at the Rate of6,74 per cent per annum ($44,63 per diem); Late Charges of$79.37 per month, 9, 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 28 East Locust Street, Mechanicsburg, P A 17055 as well as to address of residences as listed in paragraph 3 of this document on December 2, 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 8, namely, $252,891.99, plus the following amounts accruing after January 20, 2006, to the date of judgment: (a) interest of $44,63 per day, (b) late charges of $79.37 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. CIA TES, LLC ,"----- VERIFICATION I, Pina S, Wertzberger, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff s behalf. I verifY that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief, This verification is made subject to the penalties of 18 Pa. C.S. ' 4904, /,/', relating to unsworn falsification to authorities, " /; berger, Esquire SCHEDtT1,1 !IAn 90-01443971 flU.. 'l'ROIlIl 'l'IIO CER'rAIH LO!S 01' ~ .1'1'R 'rBE. BUtt.OntCS '%PRIlOR ARECnD. S%'rUA'l'Z ()III' '1'JIE SOUTJI S!:Di; OF ZU'1' wcm;'f S'l'REET iN '1'11I SEcOND 'DId) OF Till ~ or MECRMrICS:8t1P.G CCltIm'J' OP CUlIIBERLAlft) J.HC STTE OF PENNSn.V>>ltA NO 1 COft'rAtlCtNG 26 n:1':I: Xlf WID'!'. ON LOCttST S'l'P.n'l' ~ Il1'1'KNDIIIG IN Dl!tTR 193 FEE'!! !'O ST JORNS Altx..!'f !to 2 cORTAINtNG TllRNTY 8ZWN PJI!'1' ARD SIX INCm:S IN 'M1:D'I'II DID U'r.IHDING IX DIn 193 .n:s;~ m:lm. nI S.QIl: mDPJ:l\n CONvll'tBD t'O cmu:8'1'QPllJ:R BP.OOKMIUf SlMC1.Il KIM 1lJii1U'k SltfI:LI. 8T .DU:'D ntaM BTBY M 1'1NCa:R 8J1GLI: UCOIUmD 05/21/200. I. DlEO BOOK 263 7~Z 579, IN THE OFFICE or !u. DC!OMI.R 01' Dn.DS OF CUMBIlIIf.AND COUH'rY t Pl!I:HRSYLvmttA. TAX ~Dt 1723056503. GMAC Mortgage Corporation 3451 Hammond A venue Waterloo , IA 50702 Date: 12/02/05 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mort!!a!!e on vour home is in default. and the lender intends to foreclose, SDecific information about the nature of the default is Drovided in the attached Da!!es, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM ffiEMAP) mav be able to helD to save vour home. This Notice exolains how the orol!ram works. To see if HEMAP can helD. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITffiN 30 DAYS OF THE DATE OF TillS NOTICE. Take this Notice with vou when vou meet with the Counselinl! Al!encv. The name. address and ohone number of Consumer Credit Counseliol! Al!encies servinl! your County are listed at the end of this Notice. Ifvou have any Questions. vou may call the Pennsvlvania HousiDl! Finance Al!encv toll free at 1- 800-342-2397 (Persons with imDaired 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 explaiu 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 NOTIFICACION EN ADJUNTO ES DE SUMA IMPORT ANCIA, PUES AFECT A SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (pENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM," EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): KIM KEISER ADDRESS: 28 E LOCUST ST MECHANICSBURG P A 17055-0000 0359073617 LOAN ACCOUNT NUMBER: ORIGINAL LENDER: CURRENT LENDER/SERVICER: GMAC Mortgage Corporation HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAYBE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF 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 foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT 30 DAYS, IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEF AUL T" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE, CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and teleohone numbers of designated consumer credit counseling agencies for the county in which the orooertv is located are set forth at the end ofthis Notice. It is only necessary to schedule one face-to-face meeting, Advise your lender immediatelv of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific infonnation about the nature of your default.) If you have tried and are unable to resolve this problem with the lender. you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. 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 complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They 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 Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY mE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT mE DEBT. (If you have filed baukruptcy you cau still apply for Emergeucy Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it up to date), NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender is on your property located at 28 EAST LOCUST STREET MECHANICSBURG PA 170SS-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 10101/0S through ]2/0]IOS, See attached Exhibit for payment breakdown, Monthly Payments $ 6SS0.32 Late Charges $ 461.]0 NSF $ 0,00 Inspections $ 4S.00 Other (Defau]t Expenses and Fees) $ 0.00 Optional Insurance $ 0.00 Suspense $ 0.00 TOTAL AMOUNT PAST DUE: $ 70S6.42 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use ifnot aoolicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS ofthe date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $ 70S6.42, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavments must be made either bv cash, cashier's check or certified check made pavable and sent to: GMAC Mortgage Corporation A TTN: Payment Processing 34S1 Hammond Avenue Waterloo , IA S0702 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicab]e.) Not Applicable IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the morti!3l!e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour mortl!al!ed propertv. IF mE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt, ]fthe lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $SO,OO. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $SO.OO, Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, Ifvou cure the default within the THffiTY (30) DAYS Deriod, vou will nGt be reouired to Dav attorney's fees. OTHER LENDER REMEDIES - The lender 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, vou still have the right to cure the default and Drevent the sale at anv time UD to one hour before the Sheriffs Sale. You mav do so bv Daving the total amount then Dast due, Dlus anv late or other charges then due, reasonable attornev's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriffs Sale as sDecified in writing bv the lender and bv Derforming anv 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 a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) 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, Of course, 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. HOW TO CONTACT THE LENDER: Name of Lender: GMAC Mortgage Corporation Address: 3451 Hammond Avenue Phone Number: Fax Number: Contact Person: Waterloo ,IA 50702 800-850-4622 319-236-7437 Collection Department 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 at any time, ASSUMPTION OF MORTAGE You MAYor MAY NOT sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT, TO HAVE THE 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 THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) TO ASSERT THE NONEXISTENCE OF A DEF AUL T IN ANY FORECLOSURE PROCEEDING OR ANY LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, 'TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES SERYING YOUR COUNTY IS ENCLOSED Applicable law requires us to infonn you we are attempting to collect a debt and any infonnation you provide will be used for that purpose. If you disagree with our assertion that a default has occurred with your mortgage loan, please contact our office immediately at 800-850-4622 and speak with one of our loan counseling representatives. Thank you for your prompt response concerning this matter. Collection Department Loan Servicing 5039 EXHIBIT 10/01/05 through 12/01/05 Mo. Pml. AmI. $ 1587.44 p -{A. 8 AJ Ul. "\:\. ~ U'\ '-.,"'\ /'-'\ "-> <1\ ,.1 - () ....:z u w }J ,J ~ - t ~ ~ . - . " :r:::> ','l J=- , C" - MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire 10 No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff MERS, File #7.04620 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-448 Civil Term Christopher Brockman, and Praecipe to Reinstate Complaint in Mort!!:a!!:e Foreclosure Kim Keiser, Defendant(s). TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. .:,--- MILSTEAD & ASSOCIATES, LLC \\ \ ( ~ }\ ilUf .~ I L . Pi ' . Wertzbergerj quire Attorney 10 No. 772 4 100091095 ) . .... MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire 10 No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff . , MERS, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY Vs. Christopher Brockman 28 E Locust St. Mechanicsburg, P A 17055, No.: 06-448 Civil Term and Kim Keiser 404 Louisa Lane Mechanicsburg, P A 17055, Defendants. PRAECIPE FOR JUDGMENT, IN REM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Christopher Brockman and Kim Keiser for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest -1/21/06through 05/05/06 Late Charges Corporate Advance TOTAL $252,891.99 4686.15 317.48 2,405.50 $260,301.12 I hereby certify that (1) the addresses of the Plaintiff and Defendants are as shown above and (2) that notice has been given in accordanc . Rule 237. I. opy attached. DAMAGES ARE HEREBY ASSESSED AS INDICATED ~ DATE: (Yh~-..J It) ':J.rY16 r!a 1- I ( PRO"fHO Y a {00102195) . ~. " MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire ID No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 MERS, Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-448 Civil Term Christopher Brockman, and Kim Keiser, Defendant(s ). TO: Christopher Brockman 28 E Locust St. Mechanicsburg, P A 17055 Kim Keiser 404 Louisa Lane Mechanicsburg, P A 17055 DATE OF NOTICE: April 24. 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HA VB PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to claims set forth against you. Unless you act within ten (10) days from the date of this notice, a judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this paper to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. {00099929} Page I of 2 . . , . CUMBERLAND COUNTY NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 Pina S. Wertzberger, Esquire # 77274 {00099929} Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Pina S. Wertzberger, Esquire 10 No. 77274 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff MERS, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. No.: 06-448 Civil Term Christopher Brockman, and Kim Keiser, 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: I. 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, Christopher Brockman, is over 18 years of age and resides at 28 E Locust St., Mechanicsburg, P A 17055, 3. defendant, Kim Keiser, is over 18 years of age and resides at 404 Louisa Lane, Mechanicsburg, P A 17055 . {00102195} C /0 ~ -'<:t n "-> = ~ 1- ~ c = <..~ ~ ~ \Jet :x ~:n () mfr. ;boo z.:'~) -< r- - ~:i~",. 'TIm ~ -- ~ C) <=> ~y c~ \=!O ::} ~ -V .':~'" ." ~:n ~ ZL~.' :x ::..:,;.c) ~ ~ ~. >c: ~ Om ll.r Z ~ ..~ N .... W -< .r::- -< r--.....- - :D r\' -f-- 0. -t- SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-00448 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MERS VS BROCKMAN CHRISTOPHER ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT KEISER KIM but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , KEISER KIM 28 E LOCUST STREET MECHANICSBURG, PA 17055 DEFT DOES NOT LIVE AT EITHER 28 E LOCUST OR 810 W TRINDLE RD MECHANICSBURG Sheriff's Costs: Docketing Service Not Found Surcharge 6.00 8.80 5.00 10.00 .00 29.80 S~__:::/7 R. Thomas Kline Sheriff of Cumberland County - MILSTEAD & ASSOCIATES 02/17/2006 Sworn and subscribed to before me CC j this ;('t- day of :.J,<"n,) ;Ll>O~ }1' .~~ pro,~f.iPf SHERIFF'S RETURN - REGULAR CASE NO: 2006-00448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERS VS BROCKMAN CHRISTOPHER ET AL SHANNON SHERTZER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BROCKMAN CHRISTOPHER the DEFENDANT , at 1810:00 HOURS, on the 25th day of January ,2006 at 28 E LOCUST STREET MECHANICSBURG, PA 17055 by handing to TAMMY BAUGHMAN, GIRLFRIEND ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 8.80 .00 10.00 .00 36.80 ,r~?r.~<t:~ R. Thomas Kline .:- me this ;l.'i':;::'---- day of 02/17/2006 "'LST:;: & ASSOC'J,TE~j'? ~PULY ~ff Sworn and Subscribed to before WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-448 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MERS Plaintiff (s) From Christopher Brockman Kim Keiser 28 East Locust Street Mechanicsburg, P A 17055 (1) You are directed to levy upon the property ofthe 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 gamishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $260,301.12 L.L.$.50 Interest from 5/6/06 to Date of Sale at $42.79 per diem Arty's Comm % Due Prothy $1.00 Arty Paid $197.72 Plaintiff Paid Date: May 30, 2006 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name Pina S. Wertzberger, Esq. 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 ill No. 77274 -- r In the Court of Common Pleas of Cumberland County, P A MERS CIVIL ACTION Plaintiff NO.: 06-448 Civil Term Vs. Christopher Brockman Kim Keiser 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: Christopher Brockman Kim Keiser 4. Real property involved: 28 East Locust Street Mechanicsburg, P A 17055 AMOUNT DUE INTEREST From 5/6/06 to Date of Sale at $42.79 per diem $260,301.12 $ TOTAL (Costs to be added) $ May 24, 2006 {OOI05833} C) c- ~ <::::;:. = 0-. -,.,.. -_I'::.. ::;;LI~ -.:,: o ""T1 5! nlFlJ -0 I;-: :'29 <-::< (~~ ~J j;l ---I ):... :n -< w a 5: a \.0 .. ...... ALL rHOSE TWO ceRTAZN Lots of Ground with the buildings thereon erected, situate on the South side of East LoCust Street In the Second Ward or the Borough of Mechanlc:sburg~ County of Cumberfend and State of Pennsytvanla, bounded and descr1bed as follows, to wit: NO. 1 -1IOU1IDED on the North bY the said East Locust Street; on the West by Lot now or fonneriy or MatIlda S.. Taylori 00 the SoUth by St. Johns Alley; and on the East by Lot No. 2 herefn. CtJIITAlNIIIG 26 feet In width on Locust Str~et, and extending In depth 193 feet to St" Johns Alley and having thereon erected a frame dwelling knoWn and numbered as 28 East Locust Street.. NO.2 - IJOUNDSD on the west by Lot No. 1 herein; on the North by said east Locust Street; on the East by property formerly of Helen E. Derrk:k end Mervin A. Derrick. her husband, now of Joseph L. .Ruth, one of the parties herein; and on the South by St. Johns Alley. CONTAINING twenty-seven teet and siX Inches in wk1th, and extendIng In dept 193 feet, more or tess, to St.. Johns Alley. BEING KNOWN AS 28 East Locust Street, Mechanicsburg, P A 17055 PARCEL ill NO: 17-23-0565-034 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOI05833} "- ~ ~ ~ ~ , I ~p , \ t ~ (") f'o...) . , <::::::> f?, ~ = <:;r, ),8 C',i'! ::1l: :r! ::~,~ rn:n -, r- ......... ~ W -01..... V ~ C :tJ? q( I \;l(\ "-r! -rj ~ 2"" ;:5d,1 '\: ~ :J: .~() - am ~ - .. s;! 0 :0 \.D -< t ........ ~ l>~~~~ ~~ ~ ~~. ~~ 6'CA- -....J ~ ~ '. ~\ 9J ~~~~~ ~ ~ ~ ~ ~ ~ 4 ( 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 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY MERS vs. No.: 06-448 Civil Term Christopher Brockman Kim Keiser AFFIDAVIT PURSUANT : TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MERS, 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 28 East Locust Street, Mechanicsburg, PA 17055: 1. Name and address ofOwners(s) or Reputed Owner(s): Christopher Brockman 28 E. Locust Street Mechanicsburg, PA 17055 Kim Keiser 404 Louisa Lane Mechanicsburg,PA 17055 2. Name and address ofDefendant(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 {OO105833} . i 4. Name and Address of the last recorded holder of every mortgage of record: MERS (Plaintiff herein) P.O. Box 2026 Flint, MI 48501 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 28 East Locust Street Mechanicsburg, PA 17055 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, P A 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. Date: May 24. 2006 {OO105833} ~:~i () c,- c:::; \.0 '" 11>, ~ c=::> c.r-, -.",. --<'.:..a, ~. ~ 5!-:n r77;:=::o _-p IJl .cOO () (1. /1~/ 5;! :~D """ -..:: G,) <:::> -':'';10 :1,;: - - r - MILSTEAD & ASSOCIATES, LLC By: Pina S. Wertzberger, Esquire Attorney ID# 77274 Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff MERS COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Vs. : No.: 06-448 Civil Term Christopher Brockman Kim Keiser : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 Defendant(s) TAKE NOTICE: Your house (real estate) at 28 East Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at Sheriffs Sale on September 6, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $260,301.12 obtained by MERS. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead and Associates, LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 2. You may be able to stop the Sale by filing a petition asking the court to strike or open the Judgment, if the Judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 3. You may also be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See Notice on next page and how to obtain an attorney). {OOI05833} - r" YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the 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 ifthis has happened you may call Milstead and Associates, LLC at 856-482-1400. 4. Ifthe 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 TIDS 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 06- 7 -04620 {OO105833} A r" ALl. mos. TWO CERTAZN lots of Ground with the buildings thereon erected, situate on the South side of East LoCust Street In the Second Ward or the Borough of Mechanlcsburg~ County of cumberland and State of Pennsytvanla, bounded and descrlbed as foUows, to wit: NO. 1 -IIOUNDED on the North by the said East Locust Street; on the West by Lot now or tonnerty Of MatJlda S.. Taylorj 00 the SoUth by St. Johns Alley; and on the east by lOt No. 2 herefn ~ CtJIn'AZIIIIIti 26 feet In width on Locust Street, and extending In depth 193 feet to St. Johns Atley and having thereon erected a frame dwelling knoWn and numbered as 28 East Locust Street. NO. ~ - IJOUNDSD on the west by Lot No. 1 herein; on the North by said East Locust Street; on the east by property formerly of Helen E. Derrick and Mervin A. Derrick,. her husband,. now of 30seph L .Ruth, one of the parties hereln; and on the South by St. Johns Alley. CONTAINING twenty-seven teet and siX Inches in width, and extendIng In dept 193 feet, more or tessl to St.. Johns Alley. BEING KNOWN AS 28 East Locust Street, Mechanicsburg, P A 17055 PARCEL ill NO: 17-23-0565-034 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOI05833} /.:.... .--' .-< " r-~ = = c.r> :E :i:Jn -< o -n ~-n rnF ~"(j r:D ::;Siy 'J,C) ':~~-1 ).. .... '>() ;") In ':::., 5J .< w C> ~ ...... C> \..0 SHERIFF'S RETURN - REGULAR CASE NO: 2006-00448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MERS VS BROCKMAN CHRISTOPHER ET AL DAVID MCKINNEY , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KEISER KIM the DEFENDANT , at 1938:00 HOURS, on the 29th day of March , 2006 at 404 LOUISA LANE MECHANICSBURG, PA 17055 by handing to KIM KEISER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 21.12 .00 10.00 .00 49.12 :r'~'~"<:~ R. Thomas Kline 03/30/2006 MILSTEAD & ASSOCIATES /2 ~~~ Deputy Sheriff ~ Sworn and Subscribed to before By: me this II..J/t day of A.D. '" ( 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 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY MERS Vs. : No.: 06-448 Civil Term Christopher Brockman Kim Keiser Defendants : AFFIDAVIT PURSUANT TO : Pa.R.C.P.3129.2 STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) I, Pina S. Wertzberger, Esquire, offull age, being duly sworn according to law, upon my oath, depose and say, 1. On July 3, 2006 and July 12, 2006, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendants, Christopher Brockman and Kim Keiser, by the Sheriff's Office of Cumberland County. 2. On June 6, 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 "A". Pina . e Attorney ID No. {OOIl8648} A '" \C",-I - r Cl~:Z;: '" (6'0 '" .. ... G> H~ CO en ... ... .. .>- i ~~~~ ." 0 ~ r" "',.... -.3 z '" h ="S, ... 1o" .:-O"TI ~ o.~ a3 z~.... ... ~2. g.i c- tf> gmo(/) "S, oQ)otl) o!/l.~O ..- Cl 2.....(")0 ~'"CI0(") ::::,..,>-l ~ID~ ~za~ 9.g ~ ,,"" " fS'm rn. d' ~ ~eo~a g.tIl& z ~~s.n Ci"t:C~ .. g; ~ ! _;!or e: 0 0 '" .. 'Ci .'"CI~ i ~ na:<"~ 5'r~ "'0 >~",... 'I ~a Cl &gg i- __ R ('j 0 '"CI.....O.. ~~'"O ~~ -.l'" 0 'I""l') >'^....,~ ..... S :3~a?? _ ::;:0 . '" '" ~i "'\tcta -.J. ~~ '"CI~'" c; ~~ >" ... ('l" -... co lI> '^ > 0.. G> o -. ..... it -4 e: " 0 ~ g.?; '^ '^ o - ~ " l!\. .. rn ~. a- " g rn z'" '" 000>< ~g i liCl5"~ ..-I ~ g.~ t8il "- ;'" . !t.m i ;: .. <:- .. ;: ~." :::.: GI - 191 5" <0 ~ ni ~ :r" ! ~ "0. 0 a= .." I ~, , "' (. .... /, ~', .,. 00 S' , i~t :z:z <0 ... -it- gg ,,:ill It 0", i!~ ~.-I(\''''3'''o.i -I <:; ~~ i~ i!:~ lll!lo i ..- _.0 e:9-8~~"8~1~ ~~ :-:-"'0 e.! ~ ".~ -I~ .. = i! ~jil >>o.U1i' -gi- g- ,,:> ~ ':3 =' -' ~a c.-no.3':3-C:'Q. ~o 0."0 UI ~"'~.~~~F~. "'U> 2 ..;r83" ~~o 0." :ill ..o-~~..~ " . "c: ." ~fo ,," ..g. Pi- 0 " S-g:..~ti';3 !"~ " ~~~L=H Q!ocrO;:~llr .,,;0 ~i ~ol>>g.) !l'i,," 3~5.j .;0 tnF~~",8 0." ~.. ltn&ig.~~[ ."U> &~ HI ~"t:J !il ~ ~~-h h c" "c',- '.""" co:'." . gi li!i:-f~g3"C In :o6!oo'i '""'~i.;( .- :!R !!.; -=::rN= 8~ == 8'" li~ll~H ~ ..?' 1.:"' s.~ g; ~ U.g; ~ ~0\.'lf'>O";l~"!N:!l-J ~ ~.~ i. - a ~~-r~~ tJ:,........M H,Ua".h ,." "'" tr..!.Sod ~~~-$ S'\~ ..... "-i 5:>0. 0"2 ~ ur-.Q.... ~ P5 ~ -i c:UJ, _.~ ~". jil S.. ~ a"&~~2gi i\~ i 50.<3: CDiifcrg: ! 3g~-. & , 0<_ (II - i s~ g , z ~ m > z ., ~ ~ '" ~ '" , g->\. - ~ - 22 z ~ ~ m ~ m o ." ;r: > F o '" III ." o " ill e i ? i c ill ? P P P n m ~ .,; ~ > z ., ~ m U> ;r: ~ ,... ... n c: s: -00; D;J\j,'! zr;:, VI,., ~c.. -~- zb 'j;c: ~ l' ,..., g; <:F' ~ c;") ~ ~:o ~tn -.00 06 ~-r~ -;.--n <;40 "":~rn 9 ~ -J -0 ::r; ~ C) -J 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 Sheriffs Deed in which Deutsche Bank National Tr Co Tr is the grantee the same having been sold to said grantee on the 6th day of fua:tl A.D., 2006, under and by virtue of a writ Execution issued on the 30th day of Mav, A.D., 2006, out ofthe Court of Common Pleas of said County as of Civil Term, 2006 Number 448, at the suit ofMERS against Christopher Brockman & Kim Keiser is duly recorded in Deed Book No. 276, Page 4445. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c;{Cf day of ~ , A.D. ;100 b ~~. ~, ~J ~of Cumoel'land~.Cldlll.PA R corder of Deeds ""~ EIpIrII'" FfrllMalldlral.IIILlDIO I' If MERS VS Christopher Brockman and Kim Keiser In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-448 Civil Term Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 12, 2006 at 8:49 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Christopher Brockman, by making known unto Christopher Brockman, personally at 28 East Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on July 3,2006 at 2:19 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kim Keiser, by making known unto Kim Keiser, personally at 404 Louisa Lane, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on July 3,2006 at 10:15 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Christopher Brockman and Kim Keiser located at 28 East Locust Street, Mechanicsburg, P A 17055 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: Christopher Brockman and Kim Keiser, by regular mail to their last known address of 28 East Locust Street, Mechanicsburg, P A 17055 and 404 Louisa Lane, Mechanicsburg, P A 17055, respectfully. These letters were mailed under the date of July 26, 2006 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 September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Pina S. Wertzberger for Deutsche Bank National Trust Company, as Indenture Trustee under the Indenture relating to IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2004-7. It being the highest bid and best price received for the same, Deutsche Bank National Trust Company, as Indenture Trustee under the Indenture relating to IMH Assets Corp., Collateralized Asset-Backed Bonds, Series 2004-7 of 500 Enterprise Road, Suite 150, Horsham, P A 19044, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$788.53. .. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Levy Surcharge Law Journal Patriot News Share of Bills Sheriffs Deed $30.00 15.46 15.00 15.00 30.00 10.00 .50 1.00 28.16 15.00 40.00 293.00 236.60 19.31 39.50 $ 788.53 .r /(:/ IJ ~ Jp /, q... ___~o ,Ap~rs: _ J ,p~--c.f' -r ~- , R. Thomas Kline, Sheriff ~~ ~ b .0-0 J~ ) . 4(SS~l.f~ ~ J~<(O/~ . " ,. 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 MERS Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY vs. No.: 06-448 Civil Term Christopher Brockman Kim Keiser : AFFIDAVIT PURSUANT : TO RULE 3129.1 Defendant(s) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND MERS, 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 28 East Locust Street, Mechanicsburg, PA 17055: 1. Name and address ofOwners(s) or Reputed Owner(s): Christopher Brockman 28 E. Locust Street Mechanicsburg, P A 17055 Kim Keiser 404 Louisa Lane Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known {OOI05833} . \ " 4. Name and Address of the last recorded holder of every mortgage of record: MERS (plaintiff herein) P.O. Box 2026 Flint, MI 48501 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 28 East Locust Street Mechanicsburg, P A 17055 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: May 24. 2006 {OO105833} ~ , " 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 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY MERS Vs. : No.: 06-448 Civil Term Defendant(s) : NOTICE OF SHERIFF'S SALE OF : REAL PROPERTY PURSUANT : TO PA.R.C.P. 3129 Christopher Brockman Kim Keiser TAKE NOTICE: Your house (real estate) at 28 East Locust Street, Mechanicsburg, P A 17055 is scheduled to be sold at Sheriff's Sale on September 6, 2006 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $260,301.12 obtained by MERS. 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). {00105833 } t .' YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I, If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may fmd 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 TIDS 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, P A 17013 (717) 249-3166 (800) 990-9108 06-7 -04620 {OOI05833} , AU THose TWO csrtAZN Lots of Ground with the buildings thereon erected, situate on the South side of East Locust Street In the Second Ward or the Borough of MechanlcsburQ# County of Cumberland and State of Pennsytvanla, bounded and descrtbed as roUows, to wit: NO. 1 -IJOUIfDED on the North by the said East Locust Street; on the West by Lot now or fonnerty of MatIlda S. Taylorj on the SoUth by St. Johns Alley; and on the East by tot No.. 2 herefn ~ CtJNTAlNfN8 26 feet In width on Locust Strt.et, and extendIng In depth 193 feet to St. Johns Alley and having thereon erected a frame dwelling known and numbered as 28 East Locust Street. NO. ~ -IJOUNI>SD on the west by lot No. 1 hereln~ on the North by said east Locust Street, on the East by property tonnerty of Helen E. Derrick and Mervin A. Derrick. her husband, now Of Joseph L .Ruth, one of the parties herein; and on the South by St.. Johns Alley. CONTIUNZNG twenty-seven feet and siX Inches in width, and extendIng In dept 193 feet, more or less, to St.. Johns Alley. BEING KNOWN AS 28 East Locust Street, Mechanicsburg~ PA 17055 PARCEL ill NO: 17-23-0565-034 IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling {OOl05833} WRIT OF EXECUTION a~d/or ATTACHMENT " COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-448 Civil CNIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MERS Plaintiff (s) From Christopher Brockman Kim Keiser 28 East Locust Street Mechanicsburg, P A 17055 (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) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $260,301.12 L.L.$.50 Interest from 5/6/06 to Date of Sale at $42.79 per diem Atty's Comm % Due Prothy $1.00 Atty Paid $197.72 Other Costs Plaintiff Paid Date: May 30, 2006 L~ (Seal) By: Deputy REQUESTING PARTY: Name Pina S. Wertzberger, Esq. Address: Milstead & Associates LLC Woodland Falls Corporate Park 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 Attorney for: Plaintiff Telephone: 856-482-1400 Supreme Court ID No. 77274 Real Estate Sale # 61 On June 02, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, P A Known and numbered as 28 East Locust St., Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 02, 2006 By: \Jo~ S~ Real Estate Sergeant ~ @B c:;:::::1 ~ ~ e ES :b 'V IE AVW qUUl 'V"d 'AHHIOJ UNii idj8~mJ .::I.:UH3HS 3Hl .:10 3:JI.:l.:HJ , , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: July 21, July 28, and August 4, 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. ---- SWO 4 TO AND SUBSCRIBED before me this day of August. 2006 Al SEAL LOIS E. SNYDER. Notary Public l Carlisle Boro, Cumberland County f My Commission Expires March 5. 200fl tJ-~ It&AL J:8TATB 8.AI..& NO. 81 Writ No. 2006-448 Civil MERS vs. Christopher Brockman and Kim Keiser Atty.: Pina S. Wertzberger ALL lHOSE '!WO CERTAIN Lots of Ground with the buildings thereon erected, situate on the South side of East Locust Street in the Second Ward of the Borough of Mechanics- burg, County of Cumberland and State of Pennsylvania. bounded and described as follows, to wit: NO. I-BOUNDED on the North by the said East Locust Street; on the West by Lot now or formerly of Matilda S. Taylor, on the South by St. Johns Alley; and on the East by Lot No. 2 herein. CONTAINING 26 feet in width on Locust Street, and extending in depth 193 feet to St. Johns Alley and having thereon erected a frame dwelling known and numbered as 28 East Locust Street. NO.2-BOUNDED on the West by Lot No. 1 herein; on the North by said East Locust Street; on the East by property formerly of Helen E. Derrick and Mervin A. Derrick, her husband, now of Joseph L. Ruth, one of the parties herein; and on the South by St. Johns Alley. CONTAINING twenty-seven feet and six inches in width, and extend- ing in depth 193 feet, more or less, to St. Johns Alley. BEING KNOWN AS 28 East Lo- cust Street, Mechanicsburg, PA 17055. PARCEL ID NO: 17-23-0565- 034. IMPROVEMENTS THEREON CONSIST OF: Residential Dwelling. ~ , . 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 July and the 2nd day(s) of August 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 "MOO, Volume 14, Page 317. PUBLICATION COpy SALE#61 Sworn to and s . . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 .' ,: ~ > ~ ,.,.',