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HomeMy WebLinkAbout02-5391FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 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 BANK OF NEW YORK, CWABS, INC. ASSET-BANKED CERTIFICATES,SERIES 1999-T22 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 75024-3632 Plaintiff SAMUEL J. LOCKEY 756 WEST LOUTHER STREET CARLISLE, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CWIL DWISION TERM NO. - ..f'2q I CUMBERLAND COUNTY Defendant(s) CML ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE **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. ** 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Loan #: 5406657 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. Plaintiff is BANK OF NEW YORK, CWABS, 1NC. AS SET-BANKED CERTIFICATES,SERIES 1999-T22 7105 CORPORATE DRIVE, PTX-B35 PLANO, TX 75024-3632 The name(s) and last known address(es) of the Defendant(s) are: SAMUEL J. LOCKEY 756 WEST LOUTHER STREET CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/30/99 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to AMERICA'S WHOLESALE LENDER, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1580, Page 434. 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 6/1/02 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. The following amounts are due on the mortgage: Principal Balance Interest 5/1/02 through 10/1/02 (Per Diem $22.95) Attorney's Fees Cumulative Late Charges 10/30/99 to 10/1/02 Cost of Suit and Title Search Subtotal $81,588.20 3,534.30 1,000.00 183.55 550.00 $86,856.05 Escrow Credit 0.00 Deficit 305.46 Subtotal ~ 305.46 TOTAL $87,161.51 The a ' ttorney 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000.00. The Combined Notice has been sent to the Defendant(s) by regular and certified mail as required by 35 P.S. § 1680.403c. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because either: (i.) Defendant(s) have failed to meet with the Plaintiff or an authorized Credit Counseling Agency in accordance with Plaintiff's written Notice to Defendants; or (ii.) Defendant(s) application for assistance has been rejected by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $87,161.51, together with interest from 10/1/02 at the rate of $22.95 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. ~I~ERMAN AND PHEL.AvN, ~ By: els S. Hallinan FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff ALL :ho~c thrc= certain lots of ground situated on V~'cst Louther Strut, ~ ~lock A, ~ shown on that cc~ain P~an of ~ of the ~re~ Tract in ~ Fourth of the Borough o~ C~sle, Cum~nd Count~, Pcnn&ylva~a, R~cord~ O~c= ~ Plan Book 2, Page 81. of Deeds BEXNG ~0~ ~ 756 ~ST ~R S~ET VERIFICATION BRANDON SCIUMBATO hereby states that he is FIRST VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Phintiffin this matter, that he is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are hue and correct to the best of ins 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 unswom falsification to authorities. ~~ DATE: SHERIFF'S RETURN - CASE NO: 2002-05391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS LOCKEY SAMUEL J REGULAR DAWN KELL Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOCKLEY SAMUEL J the DEFENDANT , at 0905:00 HOURS, at 756 WEST LOUTHER STREET CARLISLE, PA 17013 on the 8th day of November , 2002 by handing to JAMES J LOCKEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~.3~ day of ~[~-~ ~0~ A.D. /P~othonotary / So Answers: R. T~omas Kline 11/12/2002 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, CWABS, INC. ASSET- BANKED CERTIFICATES, SERIES 1999-T22 7105 CORPORATE DRIVE PTX-B35 PLANO, TX 75024-3632 Plaintiff, V. SAMUEL J. LOCKEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5391 CIVIL PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against SAMUEL J. LOCKEY, Defendant(s) for failure to file an Answer to Plaintiffs 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 Interest from 10/2/02 to 12/13/02 TOTAL $87,161.51 $1,675.35 $88,836.86 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. /F~,ANK FEI~ERMANi ESQU~,~E Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTHY ,/FEDERMAN AND PHELAN BY: FRANK FEDERMAN, ESQUIRE Identification No. 12248 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (21 s) $63-7o00 Attomey for Plaintiff BANK OF NEW YORK, CWABS, INC., ASSET-BANKED CERTIFICATES, SERIES 1999-T22 Plaintiff VS. SAMUEL J. LOCKEY : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 02-5391 Defendant(s) TO: SAMUEL J. LOCKEY 756 WEST LOUTHER STREET CARLISLE, PA 17013 DATE OF NOTICE: DECEMBER 2, 2002 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 PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTIO~ You are in default because you have failed 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 (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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 L~ERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ~ rman, Esquire Attorney for Plaintiff SHERIFF'S RETURN - REGULAR CASE NO: 2002-05391 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS LOCKEY SAMUEL J DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon LOCKLEY SAMUEL J the DEFENDANT at 756 WEST LOUTHER STREET , at 0905:00 HOURS, on the 8th day of November , 2002 CARLISLE, PA 17013 by handing to JAMES J LOCKEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this - day of A.D. Prothonotary So Amswers: R. ~homas Kline 11/12/2002 FEDERMAN & PHELAN Deputy Sheriff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, CWABS, INC. ASSET- BANKED CERTIFICATES, SERIES 1999-T22 7105 CORPORATE DRIVE PTX-B35 Plaintiff, V. SAMUEL J. LOCKEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5391 CIVIL VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant SAMUEL J. LOCKEY is over 18 years of age and resides at, 756 WEST LOUTHER STREET, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Attorney for Plaintiff PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK, CWABS, INC. ASSET- BANKED CERTIFICATES, SERIES 1999-T22 Plaintiff, V. SAMUEL J. LOCKEY Defendant(s). No. 02-5391 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/14/02 to 6/11/03 (per diem -$14.60) TOTAL $ 88,836.86 $ 2,628.00 and Costs $ 91,464.86 1~ FEDE~rL~Ii ESQUIRE One Penn Cente~at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. :t. Oc ~ Block: A, as shown on thai: c:ert~,', ~-~- -~'? ........ 4, 2~, and :2~, of the Borough of Ca~llsle ~,-~---,--J .-. _ _ . -17act m the Fourth Ward Office in Plan Book 2, Pa~'e~'.''~'~a"u ~.ounty, Pcnnaylvatfia, Recordcr of Deeds TAX PARCEL #05-20-1796-243 PRI~'f[SES BEING ~O~'N AS: 756 ~rEST LOI~'m~R ~IS~, PA 17013 ~S1'~ BY D~, DA~ 10/22/99, A~-IN-FACT ~ F. R~Y TO S~ J. LO~ ~ ~CO~ 11/3/99 IN ~K: 210 PAGE: 1128 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-5391 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, CWABS, INC. ASSET- BANKED CERTIFICATES, SERIES 1999-T22, Plaintiff (s) From SAMUEL J. LOCKEY, 756 WEST LOUTHER STREET, CARLISLE, PA 17013 (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 garmshee(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 $88,836.86 L.L. $.50 Interest FROM 12/14/02 TO 6/11/03 (PER DIEM - $14.60) - $2,628.00 AND COSTS Atty's Comm % Due Prothy $1.00 AttyPaid $113.45 Other Costs Plaintiff Paid Date: DECEMBER 17, 2002 (Seal) CURTIS R. LONG Prothono~ Deputy REQUESTING PARTY: Name FRANK FEDERMAN, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 12248 FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK, CWABS, INC. ASSET- BANKED CERTIFICATES, SERIES 1999-T22 Plaintiff, V. SAMUEL J. LOCKEY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5391 CIVIL CERTIFICATION FRANK FEDERMAN, 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 unswo:m falsification to authorities. FRANK FEI~ERMAN, ESQUIRE Attorney for Plaintiff BANK OF NEW YORK, CWABS, INC. ASSET- BANKED CERTIFICATES, SERIES 1999-T22 Plaintiff, V. SAMUEL J. LOCKEY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 02-5391 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK, CWABSn INC. ASSET-BANKED CERTIFICATES~ SERIES 1999-T2__2, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, 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 ~756 WEST LOUTHER STREET~ CARLISLE~ PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SAMUEL J. LOCKEY 756 WEST LOUTHER STREET CARLISLE, PA 17013 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: Nalne INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER UNITED STATES DEPT OF JUSTICE US ATTORNEY-MIDDLE DIST OF PA ATTN: MARY CATHERINE FRYE, ESQ ASSISTANT U.S. ATTORNEY Last Known Address (if address cannot be reasonably ascertained, please indicate) THIRTEENTH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 FEDERAL BUILDING 228 WALNUT ST. P.O. BOX 11754 HARRISBURG, PA 17108 4. Name and address of last recorded holder of every mortgage of record: Nanle 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 plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Nalrle Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 756 WEST LOUTHER STREET CARLISLE, PA 17013 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree 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 unswom falsification to authorities. DecemberDATE 3, 2002 l FRANK FE~ERMAN, ESQUIRE Attorney for Plaintiff BANK OF NEW YORK, CWABS, INC. ASSET- ' BANKED CERTIFICATES, SERIES 1999-T22 Plaintiff, SAMUEL J. LOCKEY Defendant(s). TO: SAMUEL J. LOCKEY 756 WEST LOUTHER STREET CARLISLE, PA 17013 CUMBERLAND COUNTY No. 02-5391 CIVIL December 3, 2002 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO liE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at ~ 756 WEST LOUTHER STREET~ CARLISLE~ PA 17013~ is scheduled to be sold at the Sheriff's Sale on 6/11/03 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $88~836.86 obtained by BANK OF NEW YORK~ CWABS~ INC. ASSET-BANKED CERTIFICATES~ SERIES 1999-T22 (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 Sheriff's 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 £md out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on 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 Sheriffthe 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 AIL. thom thr~ certain lots of ground situated on West Lc)uther Street, in thc Borough of Carlisle, Cumbe~rland, Pcruxsylvania. being Lot~ Nos. 24. ~, and 26. Block A, as shown off that c:r.~a~ Plan of Lot3 of the Bretg Tract in the Fourth Ward of the BorouGh of' CitrUsle, Cumberland County, PcnnaFlvania, P.~cordcr of Deeds Offic~ in Plan Book 2, Page 81. TAX PARCEL t[05-20-1796-243 PRENISES BEING KNOWN AS: 756 I~EST LOUTHER STREET CARLISLE, PA 17013 VESTED BY DEED, DAT~ 10/22/99, GIVEN BY ~RY A. RUBY, A b/IDOb/, BY Alii) THROUGH i~.R AT~'0P, hs:X-IN-FACT NICRA~7c F. RUBY TO SAI4UEL J. LOC'KEY AND RECORDED 11/3/99 IN BOOK: 210 PAGE: 1128 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RE: BANK OF NEW YORK, CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 1999-T22 ) CIVIL ACTION ) VS. SAMUEL J. LOCKEY ) CIVIL DIVISION ) NO. 02-5391 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for BANK OF NEW YORK, CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 1999-T22 hereby verify that on 12/13/03 & 4~22~03 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: May 15, 2003 Attorney for Plaintiff Bank of New York, CWABS, Inc. Asset-Banked Certificates, Series 1999-T22 VS Samuel J. Lockey In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-5391 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Frank Federman. Sheriff's Costs: Docketing 30.00 Poundage 9.42 Surcharge 20.00 Law Library .50 Prothonotary 1.00 Mileage 6.90 Levy 15.00 Posting Handbills 15.00 Advertising 15.00 Law Journal 153.80 Patriot News 188.50 Share of Bills 25.24 $ 480.36 paid by attorney 6/11/03 Sworn and subscribed to before me This /~dayof~  R. Thomas Kline, Sheriff 2003, A.D. Prothonotary Real Esfate Deputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct 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 Asst. 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 on the 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 #19 iiL~ aM rmaid 11/3/99 in llock: 210 I~. been duly paid. Sworn to and subscrib-~ m~ t. I~.D. 'Member, Per~s~ni~Ass°da~°nOfN°tafle~ly commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 186.75 $ 1.75 $ 188.50 Publisher's Receipt for Advertising Cost ., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general le receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (UnderAct No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the primed 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 25, MAY 2, 9, 2003 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 advertisament, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~ F, STA'J~ ~ NO. 19 Writ No. 2002-5392 Civil Bank of New York, CWABS, Inc. Asset-Banked Certificates, Series 1999-T22 VS. Samuel J. Lockey Atty.: Frank Fcderirmaa ALL those three certain lots of ground situated on West Louther Street, in the Borough of Carlisle, Cumberland. Pennsylvania, being Lots Nos. 24. 25. and 26, Block A. as shown on that certain Plan of Lots of the Bretz Tract m the Fourth Ward of the Borough of Carli~le. Cttmber- land County. Pennsylvania. Re- corder of Deeds Office in Plan Book 2. Page 81. TPJ{ PARCEL //05-20-1796-243. PREMISES BEING KIqOWN AB: 756 WEST LOU2IJ~R STREET, CAR- LISLE, PA 17013. VESTED BY DEED, dated 10/22/ 99, given by Mary A~ Ruby, a widow. by and through her attorney-in-fact MIchael F. Ruby to Samuel J. Lockey and recorded 11/3/99 in Book: 210 Page: 1128. lsit~arie~C~Y '~E~it°r me this SW~AND SUBSCRIBED before 9 .day of MAY, 2003 coruer O! Deeds Or'ce in Plan Book 2, Page 81. TAX PARCEL #05-20-1796-243. PREMISES BEING KNOWN AS: 756 WEST LOUTHER STREET, CAR- LISLE, PA 17013. VESTED BY DEED, dated 10/22/ 99, given by Mary/~ Ruby, a widow, by and through her attorney-in-fact Michael F. Ruby W Samuel J. Lockey and recorded ! I/3/99 in Book: 210 Page: 1128,.