Loading...
HomeMy WebLinkAbout06-6302PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 142579 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WMI 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. KIRK NACE A/K/A KIRK LEE NACE 4122 ROSEMONT AVENUE CAMP HILL, PA 17011-7817 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM L NO. 0 L. - 0 36k L l U l L?' .. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 142579 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 142579 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KIRK NACE A/K/A KIRK LEE NACE 4122 ROSEMONT AVENUE CAMP FULL, PA 17011-7817 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/19/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR WMC MORTGAGE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1923, Page: 3630. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 142579 6. The following amounts are due on the mortgage: Principal Balance $142,237.56 Interest 4,687.16 06/01/2006 through 10/26/2006 (Per Diem $31.67) Attorney's Fees 1,250.00 Cumulative Late Charges 425.68 09/19/2005 to 10/26/2006 Cost of Suit and Title Search 550.00 Subtotal $ 149,150.40 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 149,150.40 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 149,150.40, together with interest from 10/26/2006 at the rate of $31.67 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP J By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142579 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey by Gerrit J. Betz Associates, Inc., dated May 23, 1979, as follows: BEGINNING at a point on the Northern line of Rosemont Street, said point being referenced a distance of 652.23 feet Westwardly from Cherokee Avenue; thence along the Northern line of Rosemont Street on the arc of a curve to the right with a radius of 344 feet, a distance of 54.2 feet to a point of tangency; thence along same South 73 degrees 35 minutes West a distance of 35.12 feet to a point on the Eastern line of land now or late of Lynn H. Stoner; thence along same North 24 degrees West a distance of 110.95 feet to a point; thence North 73 degrees 35 minutes East a distance of 49.75 feet; thence North 65 degrees 45 minutes East a distance of 36.74 feet to a point on the Eastern line of land now or formerly of Richard D. Foreman; thence along said lot South 25 degrees 27 minutes East a distance of 112.09 feet to a point on the Northern line of Rosemont Street, the place of BEGINNING. BEING Lot No. 35, Section 2 on Plan of Cedar run Village, recorded in Cumberland County, Plan Book 11, Page 1, said premises being erroneously described in prior deeds as Lot No. 5, Section 2, on Plan of Cedar Run Village, Limestone Park, recorded in Plan Book 8, Page 32. HAVING thereon erected a one-story single dwelling known and numbered as 4122 Rosemont Avenue, formerly Rosemont Street, Camp Hill, Pennsylvania. UNDER AND SUBJECT to all easements, reservations, restrictions, and rights of way of record. BEING the same premises which Andrew M. Missenda by Deed dated April 13, 1992, and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Book 35 'P', Page 965, conveyed unto Deah F. Straw, now known as Deah F. Bartlette, Grantor herein. PREMISES BEING 4122 ROSEMONT AVENUE File #: 142579 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff 10 [.?C? L) DATE: rv c? cry f? C"9 O CD ?i PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WMI V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6302 CIVIL TERM KIRK NACE A/K/A KIRK LEE NACE Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KIRK NACE A/K/A KIRK LEE NACE, Defendant(s) for failure to file an Answer to 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 $149,150.40 Interest from 10/27/06 to 12/26/06 $1,931.87 TOTAL $151,082.27 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA DATE: PRO PROTHY 142579 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATIO, AS TRUSTEE : COURT OF COMMON PLEAS FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 : CIVIL DIVISION Plaintiff Vs. KIRK NACE A/K/A KIRK LEE NACE Defendants TO: KIRK NACE A/K/A KIRK LEE NACE 6 SOUTH MARKET STREET DUNCANNON, PA 17020 DATE OF NOTICE: DECEMBER 5 ,2006 CUMBERLAND COUNTY :NO. 06-6302 CIVIL TERM FILE COP"i' THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, A ND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE ar' ' ; AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, B(ILY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCi PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAY.- ed ;-)M THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING,'j.' 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 I A'WYER, 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F . i CIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATIO, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM 1 Plaintiff Vs. KIRK NACE A/K/A KIRK LEE NACE Defendants TO: KIRK NACE A/K/A KIRK LEE NACE 4122 ROSEMONT AVENUE CAMP HILL, PA 17011 DATE OF NOTICE: DECEMBER 5, 2006 FIL E Cop y THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSRIF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN 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 LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 06-6302 CIVIL TERM PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 CUMBERLAND COUNTY 3476 STATEVIEW BLVD COURT OF COMMON PLEAS Plaintiff, V. • CIVIL DIVISION • NO. 06-6302 CIVIL TERM KIRK NACE A/K/A KIRK LEE NACE Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowled e of the following facts, (a) that the defendant(s) is/are not in the Military or its Allies, or otherwise within the provisions of the Soldiers and Sailors, Civil Relief Apt United States of 1940, as amended. of Congress (b) that defendant KIRK NACE A/K/A KIRK LEE NACE is over 18 years of a e and resides at, 4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817. g This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. g DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff +i oo pj -40 T? * ? r • A rQ .l. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WMl CUMBERLAND COUNTY 3476 STATEVIEW BLVD COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 06-6302 CIVIL TERM KIRK NACE A/K/A KIRK LEE NACE Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against ou on 200 y By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, 'ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." • SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-06302 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS NACE KIRK AKA KIRK LEE NACE R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: NACE KIRK AKA KIRK LEE NACE but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On November 16th , 2006 this office was in receipt of the attached return from PERRY / Sheriff's Costs: So a Docketing 18.00 Out of County 13.20 'ICT Surcharge 10.00 T mas lne Out of County 9.00 e ff of Cumberland County Postage .87 51.07 ? i? ?V??L 11/16/2006 PHELAN HALLINAN SCHMIEG Sworn and subscribe to before me this day of IF A. D. Y In The Court of Common Pleas of Cumberland County, Pennsylvania US Bank National Association vs. Kirk Nace aka Kirk Lee Nace No. 06-6302 civil Now, November 8, 2006 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, Nov. 14, 20 06 , at 12:38 o'clock P M. served the within Complaint in Mortgage Forc. upon Kirk Nace at 6 S. Market St. Duncannon Boro, PA 17020 by handing to Sarah Cliber, Receptionist & Person in Charge a True & Attested and made known to Her the contents thereof. So answers, Donald E. Smith County, PA Chief Dep . Sheriff of P77 Sworn and subscribed before me this IqMday of , 0 0(v NOTARIAL SEAL?- MARGARET F. FLICKINGER, NOTARY PUBLIC BLOOMFIELD BORO., PERRY COUNTY MY COMMISSION EXPIRES FEB. 16, 2009 copy of the original Comp M t g Forc. COSTS SERVICE _ MILEAGE _ AFFIDAVIT PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 Plaintiff, No. 06-6302 CIVIL TERM V. KIRK NACE A/K/A KIRK LEE NACE Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $151,082.27 Interest from 12/26/06 to 6/13/07 $4,197.96 and Costs (per diem -$24.84) TOTAL $155,280.23 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 142579 00 0 d a a x a V z cz ?Ho w o N U H Wa 0?? z U? °''z ?WH a w 0 NU O H a? a? > d ? an w? z?? x oA ooW v w? w? z?A w a a) w W •; H •? O ? O o a ? N a o, t /13 ?3 G 0 ? ? C J WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6302 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1, Plaintiff (s) From KIRK NACE A/K/A KIRK LEE NACE (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 $151,082.27 L. L. $.50 Interest FROM 12/26/06 TO 6/13/07 (PER DIEM-$24.84) -- $4,197.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $133.07 Plaintiff Paid Date: JANUARY 3, 2007 Other Costs (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF iiepury Telephone: 215-563-7000 Supreme Court ID No. 62205 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WMI Plaintiff, V. KIRK NACE A/K/A KIRK LEE NACE Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6302 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KIRK NACE A/K/A KIRK LEE NACE 4122 ROSEMONT AVENUE CAMP HILL, PA 17011-7817 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 4122 ROSEMONT AVENUE CAMP HILL, PA 17011-7817 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 26, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE "A?? Attorney for Plaintiff t`-? ? _> ?? ? ^`t 1 .._--+ ?. r- G? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 Plaintiff, v. KIRK NACE A/K/A KIRK LEE NACE Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6302 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff c--? - _" .} ` - - -: t ---} ?, -. -t-- P _- , - .. ? F.i? -.. - e ? U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 Plaintiff, V. KIRK NACE A/K/A KIRK LEE NACE Defendant(s). TO: KIRK NACE A/K/A KIRK LEE NACE 4122 ROSEMONT AVENUE CAMP HILL, PA 17011-7817 CUMBERLAND COUNTY No. 06-6302 CIVIL TERM December 26, 2006 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $151,082.27 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. 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 the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey by Gerrit J. Betz Associates, Inc., dated May 23, 1979, as follows: BEGINNING at a point on the Northern line of Rosemont Street, said point being referenced a distance of 652.23 feet Westwardly from Cherokee Avenue; thence along the Northern line of Rosemont Street on the arc of a curve to the right with a radius of 344 feet, a distance of 54.2 feet to a point of tangency; thence along same South 73 degrees 35 minutes West a distance of 35.12 feet to a point on the Eastern line of land now or late of Lynn H. Stoner; thence along same North 24 degrees West a distance of 110.95 feet to a point; thence North 73 degrees 35 minutes East a distance of 49.75 feet; thence North 65 degrees 45 minutes East a distance of 36.74 feet to a point on the Eastern line of land now or formerly of Richard D. Foreman; thence along said lot South 25 degrees 27 minutes East a distance of 112.09 feet to a point on the Northern line of Rosemont Street, the place of BEGINNING. PREMISES BEING: 4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817 PARCEL NO: 13-24-0797-220 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kirk Nace, by Deed from Deah F. Straw, now known as, Deah F. Bartlette, dated 09/19/2005, recorded 09/20/2005, in Deed Book 271, page 206. ( i rv ,` ,.__ _ ?ii r --i -- + C,,. ?, ?_.a .?.s ?, , AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR 9ECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 DEFENDANT(S) KIRK NACE A/K/A KIRK LEE NACE SERVE: KIRK NACE A/K/A KIRK LEE NACE 6 SOUTH MARKET STREET DUNCANNON, PA 17020 CUMBERLAND COUNTY LLD No. 06-6302 CIVIL TERM ACCT. #1220001486 I ya5? Type of Action lHsi - Notice of Sheriffs Sale Sale Date: JUNE 13, 2007 SERVED Served and made known to K If, k 4 CC -,Defendant, on the 4 h day of Tc i w a rY 2001, at 0 3, o'clock Pm., at S . 'Or r Ke s- 4 , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/ Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age y(-,7r Height y'lq lj Weight Z(O Race W Sex d_ Other I, ? Q i I , d ao b eP+j , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the. date and at the address indicated above. i to and su?d e this 200 ?../ _. By: SERV E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE State o4i New Jersey ATTEMPTED. PATRICIA E. HARRIS Commission Expires June 16,2W9 NOT SERVED On the day of 200. at Moved Unknown No Answer 1st Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200 _. Notary: By: z Attorney for Plaintiff Daniel G. Schmieg, Esquire I.D. No. 62205 o'clock _.m., Defendant NOT FOUND because: Vacant 2°d Attempt: Time: C) C? c ' -- - CA) -n rrz o ?, SALE DATE: JUNE 13, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED No.: 06-6302 CIVIL TERM ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 V5. KIRK NACE A/K/A KIRK LEE NACE AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQU Attorney for Plaintiff June 5, 2007 k+ 6 4p2 r?Q M? ?? G? Q s?V.49 ?,9N ?• ? 5 H Y• `y r V Q W ?r-+ N r L 'YH?a?t? ? ? ??l O mod' C ? Q! a. a ? w ? w 00 x x4 _ x U a•y ? ? ? O ? ? d ? C? ?j Q N .•. N cn p'a y T pA. V'? 8 . T A .5 ? U ? y f d- ? ? x o t• ` ? G WG d Ti v ? ? `R"Kt. a. j v 4 ?? y a G W ? o N N EEE"" ? y N J Vt o C u w C ? •5 O O d ?p o ~P"5? R4 V A N b ? ~ N .s A a? a ? aW w a z u N x '' Q 1n COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Securitized Asset Backed Receivables LLC Trsut 2006-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 3rd day of Jan, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 6302, at the suit of Securitized Asset Backek Receivables LLC Tt 2006- Tr against Kark Nace aka Kirk Lee is duly recorded in Deed Book No. 281, Page 60. IN TESTIMONY WHEREOF, I have hereunto set my hand and sal of said office this ?7 day of ?'-. z A r) .) If e? '/ RaWOW of Duda, CwftfWM CW4. CaMb. PA * 0 E*Usa th ft ti W4Y0fJW.2010 U.S. Bank National Association, as Trustee In the Court of Common Pleas of For Securitized Asset Backed Receivables Cumberland County, Pennsylvania LLC Trust 2006-WM1 Writ No. 2006-6302 Civil Term VS Kirk Nace a/k/a Kirk Lee Nace R. Thomas Kline, Sheriff, who being duly sworn according to law, statest that he made a diligent search and inquiry for the within named defendant, to wit: Kirk Nace a/k/a Kirk Lee Nace, but was unable to him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, Kirk Nace a/k/a Kirk Lee Nace. The house located at 4122 Rosemont Ave., Camp Hill, PA appears vacant. The Camp Hill Post Office advises the defendant did not leave a forwarding address. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 13, 2007 at 1130 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 Kirk Nace a/k/a Kirk Lee Nace, at 4122 Rosemont Ave., Camp Hill, Cumberland County, Pennsylvania according to law. 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 Daniel Schmieg, on behalf of U.S. Bank National Association, as Trustee for Securitized Asset Backed Receivables LLC Trust 2006-WM1. It being the highest bid and best price received for the same, U.S. Bank National Association, as Trustee for Securitized Asset Backed Receivables LLC Trust 2006-WM1, of 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $967.36. Sheriffs Costs: Docketing $30.00 Poundage 18.97 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 329.42 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 967.36 V 9/0?/b-1 ???? R. I So Answers: R. Thomas Kline, Sheriff bA? S BY U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED CUMBERLAND COUNTY RECEIVABLES LLC TRUST 2006-WM1 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION KIRK NACE A/K/A KIRK LEE NACE NO. 06-6302 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WMI, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KIRK NACE A/K/A KIRK LEE NACE 4122 ROSEMONT AVENUE CAMP HILL, PA 17011-7817 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 4122 ROSEMONT AVENUE CAMP HILL, PA 17011-7817 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 26, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 Plaintiff, V. KIRK NACE A/K/A KIRK LEE NACE Defendant(s). CUMBERLAND COUNTY No. 06-6302 CIVIL TERM December 26, 2006 TO: KIRK NACE A/K/A KIRK LEE NACE 4122 ROSEMONT AVENUE CAMP HILL, PA 17011-7817 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY" Your house (real estate) at, 4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $151,082.27 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WM1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. 01. • . You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey by Gerrit J. Betz Associates, Inc., dated May 23, 1979, as follows: BEGINNING at a point on the Northern line of Rosemont Street, said point being referenced a distance of 652.23 feet Westwardly from Cherokee Avenue; thence along the Northern line of Rosemont Street on the arc of a curve to the right with a radius of 344 feet, a distance of 54.2 feet to a point of tangency; thence along same South 73 degrees 35 minutes West a distance of 35.12 feet to a point on the Eastern line of land now or late of Lynn H. Stoner; thence along same North 24 degrees West a distance of 110.95 feet to a point; thence North 73 degrees 35 minutes East a distance of 49.75 feet; thence North 65 degrees 45 minutes East a distance of 36.74 feet to a point on the Eastern line of land now or formerly of Richard D. Foreman; thence along said lot South 25 degrees 27 minutes East a distance of 112.09 feet to a point on the Northern line of Rosemont Street, the place of BEGINNING. PREMISES BEING: 4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817 PARCEL NO: 13-24-0797-220 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kirk Nace, by Deed from Deah F. Straw, now known as, Deah F. Bartlette, dated 09/19/2005, recorded 09/20/2005, in Deed Book 271, page 206. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6302 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR SECURITIZED ASSET BACKED RECEIVABLES LLC TRUST 2006-WMI, Plaintiff (s) From KIRK NACE A/K/A KIRK LEE NACE (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 $151,082.27 L.L. $.50 Interest FROM 12/26/06 TO 6/13/07 (PER DIEM-$24.84) -- $4,197.96 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $133.07 Other Costs Plaintiff Paid Date: JANUARY 3, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 03 Real Estate Sale # 18 On January 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 4122 Rosemont Avenue, Camp Hill, Lower Allen Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2007 By- j Real Estate Sergeant n r U n w?" LUu 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. L1)11sa Marie Coyne, E "tor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 REAL ESTATE BALE NO. 18 Writ No. 2006-6302 Civil U.S. Bank National Association, as Trustee for Securitized Asset Backed Receiveables LLC Trust 2006-WM1 VS. Kirk Nace a/k/a Kirk Lee Nace Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described according to a survey by Gerrit J. Betz Asso- ciates, Inc., dated May 23, 1979, as follows: BEGINNING at a point on the Northern fine of Rosemont Street, said point being referenced a dis- tance of 652.23 feet Westwardly from Cherokee Avenue: thence along the Northern line of Rosemont Street on the arc of a curve to the right with a radius of 344 feet, a distance of 54.2 feet to a point of tangency; thence along same South 73 de- grees 35 minutes West a distance of 35.12 feet to a point on the East- ern line of land now or late of Lynn H. Stoner; thence along same North 24 degrees West a distance of 110.95 feet to a point; thence North 73 degrees 35 minutes East a dis- tance of 49.75 feet; thence North 65 degrees 45 minutes East a dis- tance of 36.74 feet to a point on the Eastern line of land now or formerly of Richard D. Foreman; thence along said lot South 25 degrees 27 minutes East a distance of 112.09 feet to a point on the Northern line of Rosemont Street, the place of BEGINNING. PREMISES BEING: 4122 ROSEMONT AVENUE, CAMP HILL, PA 17011-7817. PARCEL NO: 13-24-0797-220. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kirk Nace, by Deed from Deah F. Straw, now known as, Deah F. Bartlette, dated 09/19/2005, recorded 09/20/2005, in Deed Book 271, page 206. 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#18 Sworn to and subscribed before me this 18th day of May 2007 A.D. Notarial Seal Terry L. Russell, Notary Public 4 Harrisburg, Dauphin County 1 mi Aires June 6, 2010 mb P nia 4gsn iati n f Notaries NOT AY PUBLIC 114 CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013