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HomeMy WebLinkAbout07-1031a. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 148810 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM V. Plaintiff NO. CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 File #: 148810 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 #: 148810 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 File #: 148810 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 #: 148810 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/18/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.AS A NOMINEE FOR FULL SPECTRUM LENDING, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1849, Page: 1789. By Assignment of Mortgage recorded 05/15/2006 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 727, Page 265. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 148810 5 The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10/01/2006 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. The following amounts are due on the mortgage: Principal Balance $131,583.56 Interest $5,437.25 09/01/2006 through 02/22/2007 (Per Diem $31.07) Attorney's Fees $1,250.00 Cumulative Late Charges $206.84 12/18/2003 to 02/22/2007 Cost of Suit and Title Search 750.00 Subtotal $139,227.65 Escrow Credit ($67.94) Deficit $0.00 Subtotal 67.94 TOTAL $139,159.71 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. File #: 148810 8. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. 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. File #: 148810 10. 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 $139,159.71, together with interest from 02/22/2007 at the rate of $31.07 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. PHELA HALLINAN & SCHMIEG, LL By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 148810 LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at corner of Lot No. 8 on said Plan; thence along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA Route 94; thence along right-of-way line of PA Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point; thence along Lot No. 6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No. 7 of Liberty Woods. BEING part of the same premises which Oakwood Homes, Inc., by Deed dated June 30, 1995 and recorded July 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page 662, granted and conveyed unto Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife. PROPERTY BEING: 10 LIBERTY DRIVE File #: 148810 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 unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?C)V Cn n -so r-.30 C=3 -r, r-, W N V -n :::i 73 rn 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1031 CIVIL TERM JOAN B. HARRISON 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 JOAN B. HARRISON, 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 2/23/07 to 4/5/07 TOTAL $139,159.71 $1,304.94 $140,464.65 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. A??J 9. A Jim" DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 07 PRO ROTHY/ 148810 l- C'? W pwin t? -rt } ?r ?t (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION V. Plaintiff, NO. 07-1031 CIVIL TERM JOAN B. HARRISON Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on _? c1 2007 . By: If you have any questions concerning this matter, please contact: Am.'?d C 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. 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 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS OF CWABS 2004-02 Plaintiff : CIVIL DIVISION Vs. JOAN B. HARRISON Defendants TO: JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 DATE OF NOTICE: MARCH 21.2007 CUMBERLAND COUNTY NO. 07-1031-CIVIL TERM F 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, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO 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 ?5. F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff na ? C`. r? O ;'; LL"? { * ; f f t r'? r 1) 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 7105 CORPORATE DRIVE Plaintiff, V. JOAN B. HARRISON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1031 CIVIL TERM 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 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 JOAN B. HARRISON is over 18 years of age and resides at, 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. This statement 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:? ? PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 Plaintiff, V. No. 07-1031 CIVIL TERM JOAN B. HARRISON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $140,464.65 Interest from 4/5/07 to SEPTEMBER 5, 2007 $3,532.77 and Costs (per diem -$23.09) Add'l cost $1,288.50 TOTAL $145,285.92 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. 148810 ?` W U W aVi ?O O W ?rA p O ?' d V U H W Cl U '? O U a O 6 0 O ? H V W w Oa H o ?w ou O o a U W V+ ? I y r Y V V y y r `r V ?a ti c!1 to 0 t- d w U a 0 x H d A 40- ? ? d W v u ? ' cam V L1 0 n ? ?vr V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1031 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02, Plaintiff (s) From JOAN B. HARRISON (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 $140,464.65 L.L. $.50 Interest FROM 4/5/07 TO 9/5/07 (PER DIEM - $23.09) - $3,532.77 AND COSTS Atty's Comm % Arty Paid $130.72 Plaintiff Paid Due Prothy $2.00 Other Costs ADD'L COST $1,288.50 Date: APRIL 19, 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 Attorney for: PLAINTIFF Telephone: 215-563-7000 Curtis R. Lon r o to By: Deputy Supreme Court ID No. 62205 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 Plaintiff, V. JOAN B. HARRISON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1031 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 ° p CP 9 ?-J -C BANK OF NEW YORK AS TRUSTEE FOR THE `CERTIFICATEHOLDERS OF CWABS 2004-02 Plaintiff, V. JOAN B. HARRISON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1031 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004- 02, 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,10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name JOAN B. HARRISON Last Known Address (if address cannot be reasonably ascertained, please indicate) 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 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) PENNSYLVANIA HOUSING FINANCE AGENCY CONSTANTINOS J. MALLIOS 211 N. FRONT ST., PO BOX 15530 HARRISBURG, PA 17105-5530 715 SANDBANKS ROAD MOUNT HOLLY SPRINGS, PA 17065 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 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 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 unworn falsification to authorities. April 5, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 0 x„ :13 p BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 Plaintiff, V. JOAN B. HARRISON Defendant(s). CUMBERLAND COUNTY No. 07-1031 CIVIL TERM April 5, 2007 TO: JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 * *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, 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $140,464.65- obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 (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 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 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 tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at corner of Lot No. 8 on said Plan; thence along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA -Route 94; thence right-of-way line of PA Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point; thence along Lot No. 6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No.7 of Liberty Woods. BEING part of the same premises which Oakwood Homes, Inc., by Deed dated June 30,1995 and recorded July 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page 662, granted and conveyed unto Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife. AND BEING the same premises which Paul H. Haut, Jr. and Elizabeth M. Hallett, husband and wife, by deed dated and recorded even date herein in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joan B.Harrison. PREMISES BEING: 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 23-35-236-065 VESTED BY: Warranty Deed, dated 12/18/2003, given by Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife to Joan B. Harrison and recorded 12/23/2003 in Book 260 Page 4886 s. C) a SHERIFF'S RETURN - REGULAR CASE NO: 2007-01031 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS HARRISON JOAN B ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, was served upon says, the within COMPLAINT - MORT FORE the HARRISON JOAN B 2007 DEFENDANT , at 1518:00 HOURS, on the 28th day of February, at 10 LIBERTY DRIVE by handing to MT HOLLY SPRINGS, PA 17065 RICHELLE HARRISON, DAUGHTER of COMPLAINT - MORT FORE together with a true and attested copy and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.72 Affidavit .00 Surcharge 10.00 .00 3? U-) ? 34 2 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 03/01/2007 PHELAN HALLINAN SCHMIEG Deputy eriff By A.D. of SALE DATE: SEPTEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF No.: 07-1031 CIVIL TERM CWABS 2004-02 VS. JOAN B. HARRISON 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: 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. 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 G. SC MIEG, ESQUI Attorney for Plaintiff Date: July 30, 2007 148810 ./ . 1a, zi. o t". t a? o. ?a O nx Z a? °: to O b $ H 0 m b C7 o 00 00 C M ?-n 7 u O M o ao? ? Sa$WO o ?. o ? ? o cr''c 0 3 ti w X.MF> f° By a 9"='m w. 7 a o. m D O p 0. Ma 3 3 dQ:?a ??o?ggr f° 'g9 ?» 5 v w r C L co e ? t I? i A a O 0 d 0 0 r ?C c h C t z c ?D 2 ?,z O ?-] a n b ? o tr7 O O °c o b o z x ° z z ° o PTI a O O N ? m rµy?n {?~3 r G7 a ? "U J a o Qa>7 A a ? O .? a rb??b ?'. r-. ?p Ct7 (U O G (D' CA r:q.' F 1 t? b x° 0 r 0 4,03 P067,, &gnaw KMEY Bps ; 02 Inn 01.55° 000421 8010 APR 1 2 2fT003 ?,; { MAILED FROM ZIP CODE ? ? ?-t? t.- c_.. ?.. rn r" ,?- ... 6'_ w n :?-+' .1= AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 200402 CUMBERLAND COUNTY No. 07-1031 CIVIL TERM ACCT. #148810 DEFENDANT(S) JOAN B. HARRISON SERVE JOAN B. HARRISON AT 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 SERVED nn Served and made known to ja. t4 4 a V VI S" , Defendant, on the d_1 day of , 200 at :& , o'clockl7.m., at 6 7 Q^r, of Pennsylvania, in the11 manner described below: Commonwealth 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: - Sex Other Description: Age Height 5,S n Weight Race-3 I, pbpA-t., _ Mo L t- , 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 Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. By: AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED 200- at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer 15t Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 Vacant 2°d Attempt: Time: .;; State of New Jersey PATRICIA ESHARRIS , 2008 aElOtt?ission ion Exp Expir4%1 ? v? _? .._. ? {sue tea ,,? ca . Bank of New York as Trustee for the Certificateholders of CSABS 2004-02 VS Joan B. Harrison In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1031 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on May 8, 2007 at 0938 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joan B. Harrison, by making known unto Joan B. Harrison personally, at 1 Courthouse Square, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July It, 2007 at 1509 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 Joan B. Harrison located at 10 Liberty Drive, Mt. Holly Springs, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Joan B. Harrison, by regular mail to her last known address of 10 Liberty Drive, Mt. Holly Springs, PA 17065. This letter was mailed under the date of July 2, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 18.62 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 6.72 Levy 15.00 Surcharge 20.00 Law Journal 413.00 Patriot News 398.33 Share of Bills 15.69 $ 949.86 ? 9 f Jgjo So Answers: A6mER4,4e?riff BIB Real Esta ergeant or so a? C. 4p3M /utc, gp311 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIPICATEHOLDERS OF CWABS 2004-02 Plaintiff, V. JOAN B. HARRISON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1031 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004- 02, 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 ,10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. 1. Name and address of Owner(s) or reputed Owner(s): Name JOAN B. HARRISON Last Known Address (if address cannot be reasonably ascertained, please indicate) 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 2. Name and address of Defendant(s) in the judgment: Some 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) PENNSYLVANIA HOUSING FINANCE AGENCY CONSTANTINOS J. MALLIOS 211 N. FRONT ST., PO BOX 15530 HARRISBURG, PA 17105-5530 715 SANDBANKS ROAD MOUNT HOLLY SPRINGS, PA 17065 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 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 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 unworn falsification to authorities. ADri15, 2007 4?0? q ? rl mn't?? DATE DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 Plaintiff, V. JOAN B. HARRISON Defendant(s). CUMBERLAND COUNTY No. 07-1031 CIVIL TERM April 5, 2007 TO: JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 5.2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $140,464.65 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 (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 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 e- LEGAL, DESCRIPTION ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dated December 8, 1989 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at corner of Lot No. 8 on said Plan; thence along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA Route 94; thence right-of-way line of PA Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point; thence along Lot No. 6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No.7 of Liberty Woods. BEING part of the same premises which Oakwood Homes, Inc., by Deed dated June 30,1995 and recorded July 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page 662, granted and conveyed unto Paul H. Haut, Jr. and Elizabeth M. HalK husband and wife. AND BEING the same premises which Paul H: Haut, Jr. and Elizabeth M. Hallett, husband and wife, by deed dated and recorded even date herein in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joan B.Harrison. PREMISES BEING: 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065 PARCEL NO. 23-35-236-065 VESTED BY: Warranty Deed, dated 12/18/2003, given by Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife to Joan B. Harrison and recorded 12/23/2003 in Book 260 Page 4886 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1031 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 AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02, Plaintiff (s) From JOAN B. HARRISON (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 $140,464.65 L.L. $.50 Interest FROM 4/5/07 TO 9/5/07 (PER DIEM - $23.09) - $3,532.77 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $130.72 Other Costs ADD'L COST $1,288.50 Plaintiff Paid Date: APRIL 19, 2007 Curti . Long, 0 0 (Seal) By: Deputy 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 Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 20 On April 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mt Holly Springs Borough, Cumberland County, PA Known and numbered as 10 Liberty Drive, Mt Holly Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 26, 2007 By: JA4M??& Real Esta Sergeant E? :b d R Z M 100t ,o w 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. BHUdme, 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 owe 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; than 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 Ifth and 28ft da y(#) of Jay and the 1st day(s) of Ault 207. 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 titne, 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 drily 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 #20 Sworn to and Terry L Russela D au June 6,2014 My t .orram Ep i. wnnftvlvwila ASWIRtion cR Nntati?` r„ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 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 stets as to time, p1we and character of publication are true. 1-2-1 CLis arie Coyne, 'torte SWORN TO AND SUBSCRIBED before me this 3' day of August, 2007 Notary NOTARIAL SEAL &MM DOOR/M A COLLINS M ?LC ? ?IOM?1 . 2010 a 66161. 590 Writ No. 2007-1031 Civil Bank of New York as Trustee for the Certificateholders of CWABS 2004-02 VS. Joan B. Harrison Atty.: Daniel Schmieg DESCRIPTION ALL that certain tract of land situ- ate in the Borough of Mount Holly Springs, Cumberland County, Penn- sylvania, bounded and described in accordance with a Plan prepared by Walter N. Heine Associates, Inc., dat- ed December 8, 1989 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at, earner of Lot No. 8 on said Plan; thence along Lot No. 8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way of PA Route 94; thence right-of-way line of PA Route 94, North 20 degrees 03 minutes 31 suds West 87.00 feet to a point; thence along Lot No.6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No. 7 of Liberty Woods. BEING part of the same prem- ises which Oakwood Homes, Inc., by Dud dated June 30, 1995 and rtelsa 61 l 1 Joly 3, 1995 in the Office of So ' !der of Deals is -and for ONOWN" Cam, i Wa> in bl"lblmk 194, pW 1662, mod; aM so 10 un t+s P&A R. HNUt, Jr. artl6 M. Mallet, husband and wife. AND BEING the some premises which Paul H. Haut, Jr. and Eliza- beth M. Hallett, husband and wife, by deed dated and recorded even date herein in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Joan B. Harrison. PREMISES BEING: 10 LIBERTY DRIVE, MOUNT HOLLY SPRINGS, PA 17065. PARCEL NO. 23-35-236-065. VESTED BY: Warranty Deed, dated 12/18/2003, given by Paul H. Haut Jr. and Elizabeth M. Hallet, 2v1t1?? "7 a' husband and wife to Joan B. Har- rison, and recorded 12/23/2003 in WUO-) 3vjA.1S138Mt-3 Book 260 Page 4886. titslS 6S sR }tk Phelan Hallinan & Schmieg, LLP 1617 HK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 fed E'ONOA Attorney For Plaintiff t 2 APR -5 AM 5: ^!.NBERLAND COUNT``' .PENNSYLVANIA, BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 Plaintiff vs JOAN B. HARRISON Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-1031 CIVIL TERM TO THE PROTHONOTARY: PRAECIPE ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: .? .1 P LAN HAALINAN &?MIEG, LLP B? ?-- Melissa J. Cantwell, Esq., Id. -o 308912 Attorney for Plaintiff PHS # 148810 a*4 s q, 5fl?d 2ra?3ud? Phelan Hallinan & Schmieg, LLP Attorney For Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 Court of Common Pleas Plaintiff Civil Division vs JOAN B. HARRISON CUMBERLAND County Defendant No. 07-1031 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, PA 17065-1022 Date: ?J l B Me issa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS # 148810