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HomeMy WebLinkAbout07-1908 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 152311 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. D?` ) ql6?- C1'J1I -fe--- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 152311 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 it: 152311 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 #: 152311 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 #: 152311 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/11/2005 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1914, Page: 3522. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2006 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 #: 152311 6. The following amounts are due on the mortgage: Principal Balance $128,773.27 Interest $4,851.50 11/01/2006 through 04/04/2007 (Per Diem $31.30) Attorney's Fees $1,250.00 Cumulative Late Charges $204.56 07/11/2005 to 04/04/2007 Cost of Suit and Title Search 750.00 Subtotal $135,829.33 Escrow Credit ($1,429.15) Deficit $0.00 Subtotal ($1,429.15) TOTAL $134,400.18 7. 8. 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. 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. File #: 152311 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. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. By virtue of the death of WALLACE W. YOUNG on 09/12/1997, Defendant MARGARET B. YOUNG became sole owner of the mortgaged premises as surviving tenent by the entireties. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $134,400.18, together with interest from 04/04/2007 at the rate of $31.30 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 & SCH IEG, LLP By: A rraanci Winan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 152311 LEGAL DESCRIPTION ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book T, Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17, 1965, in Plan Book 16, page 34. PROPERTY BEING: 809 FLINTLOCK RIDGE ROAD File #: 152311 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 U11 DATE: LN 1 IN, d .169 C1 ? 1( 1 ?1 r-rz -rrt Call SHERIFF'S RETURN - REGULAR CASE NO: 2007-01908 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS YOUNG MARGARET B STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOUNG MARGARET B the DEFENDANT , at 1115:00 HOURS, on the 20th day of April , 2007 at 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055 by handing to JOANNE BODLEY, GRANDDAUGHTER ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 5 fa-3/61 q, V Sworn and Subscibed to before me this of So Answers: 18.0 9.60 ?,,,--,rte .,..?,_ °'•;? ,?.c,sc.-_..?' .00 10.00 R. Thomas Kline .00 37.60 04/23/2007 PHELAN HALLINAN SCHMIEG By. day eputy Sheriff A.D. PHELAN HALLINAN & SCHMIEG, L.L.P. or -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 CWABS, INC.ASSET- BACKED CERTIFICATES, SERIES 2005-9 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 Defendant(s). NO. 07-1908-CIVIL TERM 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 MARGARET B. YOUNG 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 4/5/07 to 3/3/08 TOTAL $134,400.18 $10,454.20 $144,854.38 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 INDICATED. DATE: 3T/dg eb? 11 -0 A PRO OTHY ___??-/ 152311 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. SchmieS, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 : CIVIL DIVISION Plaintiff Vs. MARGARET B. YOUNG Defendant CUMBERLAND COUNTY NO. 07-1908-CIVIL TERM TO: MARGARET B. YOUNG U2 c : 809 FLINTLOCK RIDGE ROAD w MECHANICSBURG, PA 17055 DATE OF NOTICE: MAY 11.2007 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 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff 40- Fs- 0 9 iii W - p ? ? 1=3 v O to srct t y ,V? -a 00 ? CP ? CJ a (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 CWABS, INC.ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. MARGARET B. YOUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1908-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on MLt. t5? 200$ . By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQ 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. MARGARET B. YOUNG Defendant(s). No. 07-1908-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $144,854.38 Interest from 3/4/08 TO 6/11/08 $2,381.00 and Costs (per diem -$23.81) Add'I Costs $1.551.50 TOTAL $148,786.88 u 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. 152311 d wk-4 04 9 >.? 0 0 09 W a? EW+UU oW aH ?a FA?v? Uz ?xA co o U? Od w?H? ?, z a W x c?QOD H ? U ?J P n *4 ?k Spl? O 000 O z O as H O U a W? wo Q u o pp O? U a S d b w (w 9u V> O (It c- O Oo 00 0 t Ca 'd a O 4r Q a? v 0 n a a a as U z x U W Z A O W A U .? yo z w ? Q M N 2 ? q CID z i ! Z- 70 r n crs m t n 033 - d t LEGAL DESCRIPTIOIN ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book'J', Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17,1965, in Plan Book 16, page 34. 1) Vested by.Warranty Heed, dated 0411711969, given by Wayne R. Boyd and R. Louise Boyd, his wife to Wallace W. Young and Margaret B. Young, his wife and recorded 4M11965 in Book 021 Page 266: BEING PREMISES: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 BEING PARCEL NO. 42-26-0245 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 CWABS, INC.ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. . MARGARET B. YOUNG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1908-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: Q 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. "'3- MIEG, ESQUIRE Attorney for Plaintiff ? rya SR i.° Z Y* 0 C BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. MARGARET B. YOUNG Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1908-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET-BACKED CERTIFICATES, SERIES 2005-9, 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 ,809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 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 Citizens Bank of Pennsylvania Citizens Bank of Pennsylvania reasonably ascertained, please indicate) 100 Sockanosset Crossroads Cranston, RI 02920 C/o Paul David Burke, Esquire Sherrard, German & Kelly, P.C. Two PNC Plaza, 28th Floor Pittsburgh, PA 15222 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) Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. t March 3, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff o Exr C'.; vi-5 try ?e w ?1 ?• BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. MARGARET B. YOUNG Defendant(s). CUMBERLAND COUNTY No. 07-1908-CIVIL TERM March 3, 2008 TO: MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $144,854.38 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET-BACKED CERTIFICATES. SERIES 2005-9 (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. 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 f LEGAL DESCRIPTIOIN ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a- point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book'J', Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17, 1965, in Plan Book 16, page 34. 1) Bested by Warranty Deem, dated 0411711969, given by Wayne R. Boyd and R. Louise Boyd, his wife to Wallace W. Young and Margaret B. Young, his wife and recorded 4Q211965 in Book 021 Page 266 BEING PREMISES: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 BEING PARCEL NO. 42-26-0245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1908 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 CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-9, Plaintiff (s) From MARGARET B. YOUNG (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 $144,854.38 L.L.$ 0.50 Interest from 3/04/08 to 6/11/08 (per diem - $23.81) -- $2,381.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $156.60 Other Costs $1,551.50 Plaintiff Paid Date: 3/05/08 S Pro otary (Seal) By: kits Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 Bank of New York VS Margaret B. Young In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1908 Civil Term 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. Sheriff's Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Levy Posting Handbills Share of Bills Surcharge 30.00 2.46 15.00 .50 2.00 11.00 15.00 15.00 14.73 20.00 J j n $ 125.69 ?. ec / a 8 So Answers: R. Thomas Kline, Sheriff BY da-CLI Real Estate rgeant UL L ya 9? 2 Jo 634 BANK OF NEW YORK AS TRUSTEE FOR THE Y CERTIFICATEHOLDERS CWABS, INC.ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, COURT OF COMMON PLEAS v. MARGARET B. YOUNG Defendant(s). CIVIL DIVISION NO. 07-1908-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET-BACKED CERTIFICATES, SERIES 2005-9, 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 ,809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 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 Citizens Bank of Pennsylvania Citizens Bank of Pennsylvania reasonably ascertained, please indicate) 100 Sockanosset Crossroads Cranston, RI 02920 C/o Paul David Burke, Esquire Sherrard, German & Kelly, P.C. Two PNC Plaza, 28th Floor Pittsburgh, PA 15222 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) Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building 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. March 3, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?JMO ,BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET- BACKED CERTIFICATES, SERIES 2005-9 I Plaintiff, V. MARGARET B. YOUNG Defendant(s). CUMBERLAND COUNTY No. 07-1908-CIVIL TERM March 3, 2008 TO: MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 "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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $144,854.38 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC.ASSET-BACKED CERTIFICATES, SERIES 2005-9 (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 DESCRIPTIOIN ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24,1964, and recorded in the Recorder's Office aforesaid in Deed Book'J', Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17, 1965, in Plan Book 16, page 34. 1) Vested by Warranty Deed, dated 441'I7t1969, can by Wayne R. Boyd and R. Louise Boyd, his wife to Wallace W. Young and Margaret B. Young, his wife and recorded 412211965 in Book 021 Page 266 BEING PREMISES: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 BEING PARCEL NO. 42-26-0245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1908 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 CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2005-9, Plaintiff (s) From MARGARET B. YOUNG (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 $144,854.38 L.L.$ 0.50 Interest from 3/04/08 to 6/11/08 (per diem - $23.81) -- $2,381.00 and Costs Atty's Comm % Atty Paid $156.60 Plaintiff Paid Date: 3/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,551.50 1,i Prot notary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHIEG, LLP 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 #69 On March 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 809 Flintlock Ridge Road, Mechancisburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2008 By: I U (: 1 Real Esta' Sergeant BE :1 d 9-8VW8001 33183NS ?H.1 An. PHELAN HALLINAN & SCHMIEG, LLP BY: FRANCIS S. HALLINAN, ESQUIRE Identification No. 62695 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as trustee for the Certificateholders CWABS, Inc. Asset-backed Certificates, series 2005-9 Margaret B. Young Plaintiff Defendant(s) vs. PRAECIPE TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County No. 07-1908-CIVIL TERM Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Please withdraw the complaint and mark the action discontinued ended without prejudice. , Date: q / 9 /c, y Francis S. Hallinan, Esquire Attorney for Plaintiff PHS4 152311 ? ?a C=, O i"; W 3 S