Loading...
HomeMy WebLinkAbout03-4296 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 (610) 623-2660 Attorney ID # 52634 The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 101 South Barclay Street New York, NY 10286 Plaintiff vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Defendant(s) #13182-SF Attorney for Plaintiff COURT OF COMMON PLEAS Cumberland COUNTY Case No: tJ3 - ij')1~ ~ CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE Yau have been sued in court. If you wish to defend against the claims set forth in the follo\'v'ing pages, you must take action within twemy (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 HA YE 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 LA \VYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. ADVISO Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plaza al partir de la fecha de la demanda y la notificaeion. Haee falta a sentar una comparencia escrita 0 en persona 0 con un abogado y entregar a la corte en fonna escrita sus defensas-o sus objeciones alas demandas en contra de su persona. Sea a visado que si usted no se defiende, Ia corte toma ra medidas y puede continuar la demanda en contra suya sin previa aviso 0 natificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero 0 sus propiedades 0 otros de rechos importantes para usted. LLEVE ESTA DEMANOA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGAOO VAYA EN PERSONA 0 TELEFONA A LA OFICINA ESCRITA ABAJO. ESTA OFICINA LE PUEOE PROVEER INFORMACION SOBRE COMO CONTRATAR A UN ABOGADO. SI USTEO NO TlENE EL D1NERO SUFICIENTE PARA CONTRATAR A UN ABOGADO, LE POOEMOS OAR INFORMACION SOBRE AGENCIAS QUE PROVE EN SERVICIO LEGAL A PERSONAS ELEGIBLE PARA SERVlCIOS A COSTO REOUCIDO 0 GRATUITO. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LffiERTY AVENUE CARLISLE, PA 17013 717-249.3166 -- 800-990.9108 MARTHA E. VON ROSENSTIEL, P.C. Martha E. Von Rosenstiel 16 SOUTH LANSDOWNE AVENUE PO BOX 457 LANSDOWNE, PA 19050 (610) 623-2660 Attorney ID # 52634 Attorney for Plaintiff The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 101 South Barclay Street New York, NY 10286 COURT OF COMMON PLEAS Cumberland COUNTY Case No: Plaintiff vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Defendant(s) CIVIL ACTION - MORTGAGE FORECLOSURE THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE 1. Plaintiff is The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2, a corporation organized and existing under state law, with offices for the conduct of business at 101 South Barclay Street, New York, NY 10286. 2. Defendants, Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson are the mortgagors and real owners of premises 534 Shed Road, Newville, PA 17241, hereinafter described, whose last known address is listed in the caption. 3. Plaintiff brings this action in mortgage foreclosure against defendants, mortgagors and real owners, to foreclose a certain indenture of mortgage made, executed and delivered by the above named defendants, mortgagors and real owners to Equicredit on May 18, 2000, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1614, page 303, secured on premises 534 Shed Road, Newville, PA 17241 a true and correct description of which is attached hereto as Exhibit I. 4. The mortgage has since been assigned in writing to the Plaintiff herein. 5. Plaintiff alleges each and every term, condition and covenant in the aforesaid mortgage, and hereby incorporates them herein by reference thereto. 6. The aforesaid mortgage is in default in that monthly installments of principal and interest have not been made conformity with the terms of the mortgage, from January 1, 2003 and each month thereafter, up to and including the present time. 7. Under the terms of the aforesaid mortgage, upon default of payments set forth in the mortgage documents, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following is an itemized statement of the amount due plaintiff under the terms of the aforesaid mortgage: Principal Balance Interest from 12/01/02 to 08/28/03 At $26.50 per diem Accrued late charges to 08/27/03 Corporate Advances Attorney's Fee $100,252.01 $ 7,181.50 $ 689.61 $ 156.05 $ 5,000.00 Title Information Certificate Photostats and Postage Notarizations $ $ $ 425.00 50.00 10.00 TOTAL $114,035.17 9. Plaintiff sent to defendants, mortgagors and real owners a combined Notice and Warning of Intention to Foreclose and Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 advising of rights available under the statutes. To date payments have not been received and Act 91 assistance has not been granted although the applicable time periods provided by statute have expired (Exhibit II). WHEREFORE, plaintiff demands judgment for foreclosure and sale of the mortgaged premises in the amount of $114,035.17, plus per diem interest at $26.50 from 08/29/03 to the date of judgment plus costs thereon. ~t /Att RO".O"".( laintiff / VERIFICATION I verify that the statements made in the foregoing documents are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. By: h1axr-e; Title: Foreclosure Supervisor LEGAL DESCRIPTION ALL THAT CERTAlN parcel ofland in the Township of Lower Mifflin, County of Cumberland, State of Pennsylvania, being known and designated at Lot 15 and 16, Subdivision for Charles L. Bear, recorded in the County Recorder's Office ofCumberIand. TAX PARCEL #15-05-0413-052. 370CCOl3 FCB041703 Fairbanks Capital Corp. PO Box 551170 Jacksonville, FL 32255 Address Service Requested April!7, 2003 370CCOJ3 FCB04J703 WAYNE JOHNSON JR ANDREA JOHNSON NANCY K JOHNSON 534 SHED RD NEWVlLLEPA 17241.9765 1",/11",1"1,1,1"1",11/,1"/,,,1,11,,,1,1,,,11,,1,,1",III RE: Loan No. 8065050000 FROM: Fairbanks Capital Corp. HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIllCH CAN SAVE YOU HOME FROM FORECWSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CmCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF .FORECLOSURE - Under the Act, you are entitled to a temporary stay offoreclosure on your mortgage for thirty (30) days from the date of this notice. During that time you must arrange and attend a "face.to-face" meeting with a representative ofthis lender, or with one of the consumer credit counseling agencies listed at the end of this notice. THIS MEETING MUST OCCUR IN THE NEXT (30) DAYS. IF YOU DO NOr APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEfAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSU:MER CREDIT COUNSELING AGENCIES - IfyoD meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date ofthis meeting. The l1ames.. addresses and telephone numbers of designated consumer credit counseling agencies for the countrY in which the property is located are set forth at the end of this notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this notice. (Soe following pages for specific infonnation about the nature of your default) If you have tried and are unable to resolve this problem ,vith the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end ofthis notice. Only consumer credit counseling agencies have applications from the Homeowner's Emergency Mortgage Assistance Program. They will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed Of postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODSSET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act . The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings win be pursued against you if you have met the time requirement s set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIllS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can stil1 apply for Emergency Mortgage Assistance) 1111111111111111111111111I111111111111111I1111I111111111111111111I1111 *S065050000CCO 13* 370 CCOl3 FCB041703 HOW TO CURE YOUR MORTGAGE DEFAULT (Brim! it up to date): NATIJRE OF THE DEFAULT. The Mortgage debt held by the above lender on your property located at: 534 SHED ROAD NEWVILLE PA 172410000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY PAYMENTS for the following months and the following amounts are now past due: Total Payments Due: Late Charges: Recoverable Borrower Fees: Escrow Advances: Other Fees: Less Amount Suspended: Total Amount of Delinquency: $3.475.44 $559.29 $156.05 $0.00 $4.46 $810.16 $3,394.93 HOW TO CURE THE DEFAULT - You may cure the default within thirty (30) days of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER. AS NOTED ABOVE, TOGETHER WITH ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash. cashier's check. certified check or money order made payable and sent to: The Loan Servicing Center Remittance Processing P.O. Box 79157 Phoenix AZ 85062 IF YOU DO NOT CURE THE DEFAULT. If you do NOT cure the default within THIRTY (30) DAYS of the date ofthis notice, the lender intends to exercise its ri,;:hts to accelerate the mort,;:a,;:e debt. 1bis means that the entire outstanding balance of this debt will be considered due immediately and you may not lose the chance to pay the mortgage in monthly installments. Iffull payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour morteaeed propertv. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. lfthe lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you \\oil! still be required to pay the reasonable attorney's fees that Were actually incurred, up to $50.00. However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY (30) DAY period, vou will not be required to pav attorney' s fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid balance and all other sums due under the note. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within t he THIRTY (30) DAY period and foreclosure proceedings have begun, you mav still have the ri.cl1t to cure the default and prevent the sale at any time up to one hour before the Sheriff's sale. You may do so by pavin~ the total amount then past due. plus any late or other char~es then due. reasonable attornev's fees and cost connected wi th the foreclosure sale and any other costs Connected with the Sheriff's sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the matter set forth in this notice will restore your mortgage to the same position as jfyou had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months after the date of this notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. PHONE NUMBER: FAX NUMBER: CONTACT PERSON: HOW TO CONTACT THE LENDER: NAME OF LENDER: Fairbanks Capital Corp. ADDRESS: P.O. Box 65250 SALT LAKE CITY lfI' 84165-0250 1-800-201-3438 (80 I ) 293.2600 Kack Michelsen EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at this time. ASSUMPTION OF MORTGAGE - You may (with lender's written consent) sell or transfer your home to a buyer or transferee who will assume the mortgage debt. provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. 370 CCOl3 FCB041703 YOU MAY ALSO HAVE THE RIGHT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECWSVRE PROCEEDING OR ANY OTHER LAWSUIT INSTIlVTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION VNDER FEDERAL BANKRUPTCY LAW. WE WOULD ENCOURAGE YOU TO CONTACT YOUR REPRESENTATIVE NAMED ABOVE TO DISCUSS OPTIONS TO AVOID FORECLOSURE. PLEASE CONTACT US AT (888) 818.6032. Em;[osufI:-PHF'A Homeowner's Emergem:y Mortgage Assistance Program Consumer Credit Counseling Agencies THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATIEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an omdal notice that the mortsr:gee on your home is in default. and the lender intends to foredose. Specific infonnation about the nature orthe default is provided in the attached paee5. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This notice explains how the prosr:ram works. To see itHEMAP can hel>>, yoU must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this notice with you when you meet with counselinsr: aeeney. The name, address and phone number of consumer credit counseUn!! allendes servine your countv are listed at the end ofthb notice. Ifvoo have any questions, ,'00 may caD Pennsylvania Housine Finance Aeencv toO free at 1 ~800~342~2397. (Persons with impaired hearin!! can caD (717) 780~1869). This notice contains legal information. If you have any questions. representatives at the consumer credit agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may he able to help you find a lawyer. LA NOTIFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECT A SU DERECHO A CONTINUAR VlVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIOO DE EST A NOTIFICACION OBTENGA UNA TRADUCCION INMEDlT AMENTE LLAMANDO EST A AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL V AR SU ASA DE LA PERDIDA DEL DERECHO A REDlMIR SU HIpOTECA. APPENDIX C 368 CC013 FCB041703 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY HEMAP Counseling Agency List as of 1/14/03 Adams County Housing Authority 139.143 Carlisle St. Gettysburg, P A ] 7325 (717) 334.15] 8 CCCS ofWesternPA 2000 Linglestown Road Harrisburg, PAl 71 02 (717) 541-1757 Conununity Action Commission of Captial Region 1514 Derry Street Harrisburg, P A 17104 (717) 232.9757 Financial Counseling Services of Franklin 43 Philadelphia Avenue Waynesboro, P A 17268 (717) 762.3285 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 (717) 232.2207 PHFA 2101 North Front Street Harrisburg, P A ] 7110 800.342.2397 Urban League of Metropolitan Hbg 2107 N. 6th Street Harrisburg, PA 17]01 (7] 7) 234.5925 ~ ~ ~ Q ~ '^ ~ q .. Q lI\ '" :lk ~. ~ ~ ~ _.~ -') J .'-11 \ : .' ~ \ \, ~:,. I . ..~ "- L C' . C) ~. c\J " - -',-. -", ''\J ~ ' -" "- \..\ ,; (") '-.J ~' ~\ ~ - . )in -- .. '. '-i , .. -' - -;] ~ -< "oJ -< SHERIFF'S RETURN - REGULAR CASE NO: 2003-04296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS JOHNSON WAYNE H JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON WAYNE H JR the DEFENDANT , at 1927:00 HOURS, on the 5th day of September, 2003 at 534 SHED ROAD NEWVILLE, PA 17241 by handing to WAYNE H JOHNSON JR a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.66 .00 10.00 .00 37.66 .r~ r'<~ R. Thomas Kline 09/08/2003 MARTHA VON ROSENSTIEL Sworn and Subscribed to before By' ;;::( / d / Defuty>fhfuf ~ me this /7 day of _.1f'.17~., c2M3 A.D, n u- 0 Ik~;l<.d. #' ~othonotary SHERIFF'S RETURN - REGULAR CASE NO: 2003-04296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS JOHNSON WAYNE H JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE JOHNSON NANCY K was served upon the DEFENDANT , at 1927:00 HOURS, on the 5th day of September, 2003 at 534 SHED ROAD NEWVILLE, PA 17241 WAYNE H JOHNSON JR, FATHER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscribed to before me this /7 ~ day of 4E~Ju.u 02tJ1>..J A.D. C)'~L<.a ~~ prothonotary , So Answers: r~/~~ R. Thomas Kline 09/08/2003 MARTHA VON ROSENSTIEL By: ~y SHERIFF'S RETURN - REGULAR CASE NO: 2003-04296 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS JOHNSON WAYNE H JR ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon JOHNSON ANDREA K the DEFENDANT at 1927:00 HOURS, on the 5th day of September, 2003 at 534 SHED ROAD NEWVILLE, PA 17241 by handing to WAYNE H JOHNSON JR, HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 .00 16.00 .r~<:~ R. Thomas Kline 09/08/2003 MARTHA VON ROSENSTIEL Sworn and Subscribed to before By: r~'y )4rr u- me this /7 - day of ?;~,. c2/JtJ...J A.D. ( ''<fA-'- Q. InA)/1,v ~ Prothonotary , #13182-TM Martha E. Von Rosenstiel, P.C. Martha E. Yon Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. 3815 S. West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Defendants PRAECIPE TO THE PROTHONOTARY: Enter judgment in the sum of$134,201.67 in favor of the above named plaintiff and against the above named defendants for failure to file an answer in the above action in Mortgage Foreclosure within twenty (20) days from date of service of the Civil Action, and assess damages. I hereby certify that the correct addresses of plaintiff and defendants are as follows: Plaintiff: 3815 S. WestTemple Salt Lake City, Utah 84165 Defendants: 534 Shed Road Newville, P A 17241 i f Martha E. Von Rosenstiel I Attorney for Plaintiff Martha E. Von Rosenstiel, P.c. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. 3815 S. West Temple Salt Lake City, Utah 84165 Plaintiff vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess damages against the above named defendants as per Civil Action in Mortgage Foreclosure, as follows: Total per complaint Additional interest on unpaid balances from 8/29/03 to 9/27/05 at $26.50 per diem Total assessment AND NOW, to wit, this ~ay of St.p-L $114,035.17 $ 20, I 66.50 $1 ,201.67 Martha E. Von Rosenstiel Attorney for Plaintiff , 2005, damages are assessed as above. ~ .' Pro Pi'Ottr . '7 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney 1.D.# 52634 Attorney for Plaintiff The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. 3815 S. West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Defendants CERTIFICATION OF SERVICE MARTHA E. VON ROSENSTIEL, ESQUIRE, hereby certifies that she is the attorney for the plaintiff herein, and that service of the Notice under Rule 237.5 in the above matter was made on the defendants on September 29,2003, as evidenced by the attached postal receipts. This verification is made subject to the penalties 0~18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel, Esquire Attorney for Plaintiff DATED: September 27,2005 #13182-SF Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 16 South Lansdowne Avenue P.O: Box 457 Lansdowne, PA 19050 610 623-2660 Attorney I.D.# 52634 Attorney for Plaintiff ~cg[pV The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff Case No: 03-4296 vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson Defendant TO: Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Date of Notice: September 29, 2003 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. us POSTAL SERVICE CERTIFICATE OF MAILING --., -0'":.' T "''''"'1l. AT ONCE. IF YOU DO NOT ~~6~~EU~~':;:: DOMESTIC AND INTERNATIONAL MAIL. DOES NOT ~,~;r()il;~:.;~a~~~:E SET FORTH BELOW. THIS "rrrM'~\1ONsrM;lS:rj';~TIEL post i(,rk. ~qUire ot HIRING A LAWYER. Ro_o_no 16 S L' ANSDt10'U~"tlV" , PC. P1' _o'.~~ m ter to current THIS OFFICE MAY BE ABLE TO . VNE AVE te 'OUNl1> l' O. BOX 457 . 8 0 ~'O"'~'. ES THAT MAY OFFER LEGAL E, PA 19050 ~. {"]^' : OR NO FEE. m \() /1:, ~ 0 , i! )cATION {:II ~:~~ 0,,",," One piece of ordinary mail addreSsed to: Nancy K. Johnson and Andrea K. Johnson 034 :Shed Koad ().3( PS Form 3B17. Mar. 19B9 tiel iff NON-MILITARY AFFIDAVIT STATE OF UTAH S5 COUNTY OF SALT LAKE Herb Brown, deposes and says: 1. That I am employed by the Plaintiff herein as servicer of the mortgage. 2. That the captioned individual(s) are the owners of the premises described in the mortgage or deed of trust. 3. That the collection procedures of the Plaintiff are designed to discover facts concerning the titleholder's occupations and military status. 4. That said procedures were followed in connection with the current delinquency. 5. That, on information and belief, captioned titleholders are not incompetent or in any branch of the military service. 6. This verification is made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. , ~4.//7?~ - DtfG-tJl'1~. &9rJt1t.oe. CiFfiUK..-. c ;::0 \.) ~ 1 -:-CJ it- ~ \) (). - -.... ~ 0 r-' ~ ~ ~-=-") 0 ~ c:" = -n . c.n --Cl (/) =r:!l ~ ......... f" 1 G -'0 ~"h ~ -::t:.:, "" 0<" ~ t '-" '~~ ~" r---... --.c.. '~~(') F" '.D :::Srn --~l 0 ~ N 35 '" .-< PRAECIPE FOR WRIT OF EXECUTION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 v. NO. 03-4296 Civil Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson Praecipe for Writ of Execution TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: AMOUNT DUE lNTEREST from 9/28/05 to SALE DATE At $26.50 per diem (Costs to be added) ( Martha E. Von Rosenstiel Attorney for Plaintiff $134,201.67 $ 4,293.00 $ cJ 1\ ~ (:) \ ~ t e - VI \If ~ ...{ +- ~ \) r ~ \) t: t' + ~ ~ ,..... -"<l :'4_ V( <:; c; C> (-2 r - - w~ ~ tn r;-\) (;" C' I ' ~~ ::::: ::: :::. :::.: ~ ~ \ _ " - tJ<:) b - ~ ~ ~:r- ~ -- Crl,-- ~ ill~"'~~ f- VJ 'c; ~ \) 'g r~tC:C I \ \' \ , ~ .------- , .-> (; ~ C, <.:.J"" ;<.- (/) ,-.- ,-j-,\ '.-c--J f") -.0 o -n .-\ ~::J, c. ~:y~o ,~j fl.) 3.o-'r, :"S:FI :,0-\"\1 ~,2\ '-;'? ?5 r...) ::.< -.0 - LEGAL DESCRIPTION ALL THAT CERTAlN parcel of land in the Township of Lower Mifflin, County of Cumberland, State of Pennsylvania, being known and designated as Lot 15 and 16, Subdivision for Charles L. Bear, recorded in the County Recorder's Office of Cumberland. Tax Parcel #15-05-0413-052 TITLE TO SAID PREMISES IS VESTED IN Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson, joint tenants by Deed from Wayne H. Johnson and Nancy K. Johnson, husband and wife dated 12/8/1997 and recorded 1/29/1998, in Deed Book 171, Page 404. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, ACTING SOLELY IN NO 03-4296 Civil CIVIL ACTION - LAW ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2, Plaintiff(s) From WAYNE H. JOHNSON, JR. AND NANCY K. JOHNSON AND ANDREA K JOHNSON, (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $134,201.67 1.1. $.50 Interest FROM 9/28/05 TO SALE DATE AT $26.50 PER DIEM - $4,293.00 Arty's Comm % Due Prothy $1.00 Atty Paid $151.66 Other Costs Plaintiff Paid Date: SEPTEMBER 29, 2005 (Seal) By: Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P.O.BOX307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. 3815 S. West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, P A 17241 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELA WARE MARTHA E. VON ROSENSTlEL, attorney for the 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 534 Shed Road, Newville, P A 17241. I. Name and address of owners(s) or reputed owner(s) Wayne H. Johnson, Jr. 534 Shed Road Newville, PA 17241 Nancy K. Johnson 534 Shed Road Newville, PA 17241 Andrea K. Johnson 534 Shed Road Newville, PA 17241 2. Name and address of defendant(s) in the judgment: Wayne H. Johnson, Jr. 534 Shed Road Newville, PA 17241 Nancy K. Johnson 534 Shed Road Newville, PA 17241 Andrea K. Johnson 534 Shed Road Newville, PA 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address ofthe last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: 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: NONE 7. Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 P A Department of Revenue Inheritance Tax Bureau Strawberry Square, 11 th Floor Harrisburg, PA 17128-1100 Family CourtJDomestic Relations Office One Courthouse Square Carlisle, PAl 7013 Bureau of Compliance Clearance Support Section! A TTN: Sheriff s Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS 534 Shed Road Newville, PA 17241 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. Section 4904 relating to unsworn falsification to authorities. Martha E. Von Rosenstiel Attorney for Plaintiff ~ (') "--' ~ ~ c ,,-~--;:) <:..-n (/) =:2,., ';--r; rnr:::; .,:) ~T) " f".) '"f) 0 VJ ,>, I '-. j ~f: ?': "j ,1 c::S _.'.~ :,':"'n '-., lE U' :-) ~~ c....' 55 0 .< Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney LD.# 52634 Attorney for Plaintiff The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. 3815 S. West Temple Salt Lake City, Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, PA 17241 Your house and/or real estate at 534 Shed Road, Newville, P A 17241 is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 10:00 a.m. to enforce the court judgment of $134,201.67 obtained by The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. against you. NOTICE OF OWNERS RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take IMMEDIA TE action: I. The sale will be cancelled if you pay to The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call (610) 328.2887. 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 contact 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 bid price by calling (610) 328-2887. 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 the 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 (610) 328-2887. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. 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 Schedule of Distribution is posted. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FlND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCA nON 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9 I 08 (717) 249-3166 CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (l) From my real property in my possession which has been levied upon, (a) I desire that my $300.00 statutory exemption be set-aside in kind (specifY real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land in the Township of Lower Mifflin, County of Cumberland, State of Pennsylvania, being known and designated as Lot 15 and 16, Subdivision for Charles L. Bear, recorded in the County Recorder's Office of Cumberland. Tax Parcel #15-05-0413-052 TITLE TO SAID PREMISES IS VESTED IN Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson, joint tenants by Deed from Wayne H. Johnson and Nancy K. Johnson, husband and wife dated 12/8/1997 and recorded 1/29/1998, in Deed Book 171, Page 404. C) ""' C:':I 0 \:~ c;:, 01 >:;J\ (j') :;:l r~j ::rJ .\j \n r -(' m ", ~~]a \J.J , ,L, --~_:j ~-';~ ;:-:'" (5 '-"'; _-". e) ~-"::m '_0 u ---.j ) J.:~ W ,.0 0 .< #13182-TM Martha E. Von Rosenstiel, P.C. Martha E. Von Rosenstiel 649 South Avenue, Unit 7 P.O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D.# 52634 Attorney for Plaintiff -3 The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc. 3815 S. West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil vs, Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, P A 17241 Defendants AFFIDAVIT OF SERVICE OF NOTICES PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. VON ROSENSTIEL, attorney for the plaintiff in the above action, hereby certifies that service of the Notice under Rule 3129.1, in the above matter was made on the defendants by Sheriffs Service and/or via certified mail, return receipt requested and by regular first class mail (unless otherwise stated) and on all interested parties, set forth below, by regular first class mail, postage prepaid, as evidenced by the attached certificates of mailing: I. Name and address of owners(s) or reputed owner(s) Wayne H. Johnson, Jr. PERSONAL SERVICE 12/5/05. 534 Shed Road Newville, P A 17241 Nancy K. Johnson PERSONAL SERVICE & CERTIFIED MAIL. 534 Shed Road 12/5/05. Newville, PA ]7241 AndreaK. Johnson PERSONAL SERVICE & CERTIFIED MAIL. 534 Shed Road 12/5/05. Newville, P A 17241 2. Name and address of defendant(s) in the judgment: Wayne H. Johnson, Jr. 534 Shed Road Newville, PA 17241 Nancy K. Johnson 534 Shed Road Newville, PA 1724] Andrea K. Johnson 534 Shed Road Newville, PA 17241 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4. Name and address of the last recorded holder of every mortgage of record: NONE 5. Name and address of every other person who has any record lien on the property: 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: Cumberland County Tax Claim Bureau J 1 Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills J County Courthouse Carlisle, PA 17013 Attorney General ofthe United States J c/o Assistant Attorney General, Tax Division U.S. Department of Justice Post Office Box 227 Washington, DC 20044 PA Department of Revenue V Inheritance Tax Bureau Strawberry Square, ]] th Floor Harrisburg, P A 17] 28-1 ] 00 Family Court/Domestic Relations Office} One Courthouse Square Carlisle, P A 17013 I Bureau of Compliance '. Clearance Support SectionlATTN: Sheriffs Sale Dept. 281230 Harrisburg, PA 17129-1230 Dept. of Public Welfare l Box 2675 Harrisburg, PA 17105 OCCUPANTS/TENANTS f' 534 Shed Road Newville, PA 17241 ] 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. Section 4904 relating to unsworn falsification to authorities. artha E. Von Rosenstiel ttorney for Plaintiff ..Jl 'ru U1 '" 'u.s. Postal Se~i1ice", ' , CERTIFIED MAIL" RECEIPT (Domesllc Mall Only; No Insurance Coverage Provided} J Postage CertlfiedFfle I , ' Postmfu;k../ "J"-llilre Return Receipt Fee (Endorsement Rea,ulred} / o Restricted Delivery Fee -D (Endorsement Required) .-'\ .-'\ - fotal Postage & Fees $ U1 o Sent 0 534 Shed Road (' ;;: ~;(~~:t::~~i",:;.~~::~:~~::::::::::::::.:::::::::.:.::.::..:2~ ci1Y~-siaje~ZIP+4 V2 PSi Form 3aoo, June 2002. See Rellerse for Instructlons <r .-'\ U1 '" ru U1 '" .-'\ Postage $ / m o Certified Fee o o Rett,lm Receipt Fee (Endorsement Required) o Restricted Delivery Fee ....D (Endorsement Required) .-'\ .-'\ ".;J /? Postmark He'" Total Postage & Fees $ U1 Wayne H. Joh OF e oa ;;: .....Newvill"-PA..172.4-t...__.______nnn.__. Street, Apt. NO:;-'- or PO Box No. CrrY~-Siate:ZiP+4--m~..----._..m..~..m..- .-.~---.--.---. '-'<:; __u_ __ _ __ ___ """'" ft')l'r ....uu..__.._!..~___~ 'I . PS Form 3800, June 2002 See Reverse tor InstructIOns m m U1 '" ru U1 '" .-'\ m o o o o ..Jl .-'\ .-'\ U.S. Postal Service,,, CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) , , .., I , . - c----;- )~~ :1 /'1 . I , $ , , . Postage Certified Fee . ..... Aetum AeQ8ipt Fee Postmark {Endorsemen\ Reql.llTed) \\NIil Restricted Dellvery Fee (Endorsement AeOcuifedj Total postdie & Fees $ An rea K. - U1 CJ entT, e oa o r- nnn__New\IiUe,.l?A..t7.24tn__n__. Street, Apt. No.; or,oO Box No. -aty,.si;ite~Zip+4-- PS Form 3800, JUfle 2QO:l See Reverse for lnslrucllons ....,.....- .. Affix fee ffjrArhtamps Or mete( JlMtald, lid Post mark':' fi1:quTre of Postmaster Mr QJn~'nt . no, lees.:: <.tr'lrto ~ Ol~' I ~lt1~ ;: ~d'l n .', (J. ~'J ~i~, '{'j. t'V~, C 0 ~-. 0-.0 -~ ....l1l.'I U.S, POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNA nONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTIIA VQN.B.OSENSTIEL, P.C. 649 SOUTH A VENUE UNIT 7 SECANE, PA 19018 One piece of ordilary mail addressed to: 'I'(aYA9 txl. deAAs8A Jr. 534 Shed Road Nrl3ou.n/i"o, P^ 172<11 PS Form 3817, Mar.1989 "~'I ~ ,')'S :") us POSTALSERVtcE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNA TlONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: MARTHA VON ROSENSTIEL, P.C. 649 SOU:fH A VENUE UNIT 7 SECANE, PA 19018 One piece of ordinary mail addressed to: Andrea K. Johnson 534 Shed Road Newville, PA. 17241 PS Form 3817, Mar.1989 S',-< us. POSTAL SERVICE CERTIFICATE OF MAILING MAYBE USED FOR DOMESTIC AND INTERNATIONAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From MARTHA VON ROSENSTIEL, P.C, 649 SOUTH A VENUE UNIT 7 SECANE, PA 19018 One piece of ordilary mail addressed to: Nclll\;Y K. Julrm,ulI 534 Shed Road NlI;vvvillll;, FA. 17241 PS Form 3817, Mar. 1989 ,-:, 19;1 :l,'> \ ~ , AIIIX tee n4re 10 stamps Or meter p'bstage lI1d , Post mark. inquire of Post;'aster ,.tor current fees. 2 QUI ; f::::J, l ~ \ ,. >'.00. ~~ 1:::J II L r .. . ' f C' .('0 ,;, 'lIt .;) .. r-'.ifj , -J ' ~;I wt '--::' <:I, ,<:, 'J - ~.' 4- Affix fee-heft in-6tamps Or metefJ pgstilke *,d Post maik. lnquire of Postmaster 'lbr cu'*nt fees. ,. <:> J"",,) ,J' C", n ':. ';' -r'.)~ f , '-0, iiI' ~T1 ,"-' ~ ~ ,_ ,'; ,.:~ I~'I"? " !J '~ (' c:) ) -~ <-I"~ ,I:; v' '~~ SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailp~ or on the front if space permits. 1. Article Addressed to: A Signa,ture X lJ' {1,-, ~1 'r~ o Agent o Addressee D. Is delivery address different from Item 1? If YES, enter delivery address below: Nancy K. Johnson 534 Shed Road Newville, PA. 17241 3.~ice Type ~ Certified Mail 0 Express Mall o Registered 0 Return ReceIpt tor Merchandise o Insured Mall 0 C.O,D. 4. RestJ1cled Dellvety? (&t1a Fee) 0 Yes 2. Article Number (rran_fromsenlicelabel) -)('(",&\ \ l1of\ ,<,1';[ .~ ( g;:; ::2. '<;:5 ,1.(,;J PSFonn3811,February2004 D<>meslk: Retum Receipl \ '3l i!;~ 'j').3 102595-<J2.M.1540 ;1 SENDER: COMPLETE THfS SECTION COMPLETE THIS SECTiON aN DELIVERY . . . Complete items 1. 2, a~d 3. ~Iso ~omplete Item 4 If Restricted Delivery ,s desired. . Print your name and address on the reverne that we can return the card to you.. , . ~~tach this card to the back ?f the mallplece, or on the front if space permIts. 1. Article Addressed to: x '~v'l/l o Agen! x" 0 Addressee C, Date of peli.very \ 1__) : 8. Received by ( Print~ Name) )"t, I., " 1>,\ " I' ':.! ~'V "' , ' 0,'\3 deI\\)er'y address different frOl1'l item .11 If YES, enter deliVery address below. DNa \ Andrea K, Johnson 534 Shed Road Newville, PA, 17241 3.~\C<l"'pe Certlfled Mail Registered o Insured Mall 0 C.O.D. 4, Restricted OeI\vet;'1 (Extra Fee) o Express Man o Return Recelpt for Merchandise DYes 2. Article Number man_ (rom setvlce/abel) (j PS Form 3811 . February 2004 c". c.Q 10259S-02-M-\S40 ))J , 0 " , ~ r)'~ L\ 'jill' Her" o.l!~f - .~, ~~,! ..' o~ &1}14' . ......c ...... , 5::: ~ r ~. , rLJi(~li'." ro a. ( "'0 ~ I" . EO' ell ,,1 '. .... u ro I O\tj \'.1: I' o c: '(1J :"\' , ~ E "s.""' ,I -<__'.'" e:o t; '/Ir.' ~-g Q-t. ID . o c ~ ',' w_ ::.:19 ~(ij:g ":::tjo.. "'CO_Q) ~ a.. 5 0 *~~~ 'c,ss ~ E&OOE E-<1l '" '" u ,- ",'0 n::1ii ".c ~ u ::> ~ -'" "':;; n::~ D.E '0 '" " 1;; 'm '" n:: o I a; I ';; I ~ roi O~I u '" '" '" ~~ E~ DO '0 al '" '" .... 0.- i"io~ .f:uu ODD u Ii ..i w i= II) z w II) o n:: Z "'- ;:"": 0..;:11. >--'0 . _"'C a) w<(cnc: ..: ",";: J: Q) (U 0 I-c...J"C e:::: '- . Cf) <(oOOt: ~~~~ ",0 >"' ..::i: ..... w " ID W " e-gl!....'O ~l'lI:go; < U> I I I ID ID uj~ o ID " U)~ er 0 ID er~ , ~O I ~ '"', <l)~O 1)1 <"1 6 ail) <'i _.(..; U)~ ~ gs ~m E> . (l) -; t5 ~ ~'rn c:(> ~ g>", ,- '" 15 en ".c !)lo '" '" u.. '" '" C1l 1;; o 0.. '0 " C1l off/) '" '" .:0 '" Ul-o ''0 ~< '" '" '" u ~= :go <1;; _ 0 00.. '" E C1l z ow :g~ :i~ l' <. (, ,0 S ~ .:J I! , I , , I ! I I I I , I , i i i ! I I , T I , , I i , I , I , I , I , I ! , , l' Iii E w er E "m ~ (3 ~ ~ '0 I- Q) Qj Z' en C") 1i) 5 5-0 'OJ 0(1) r-- Q) () Q)"'-- 0:: "'C tIl '"'C C :::I <( c: co 00... co 1::..c: ~-.:: wt::: Q) Q) .0 :J U5 ..a E 0 ~ E :JU ro :J ()..... U 0 N CO ... M ... "*' - r ,/ ,~," / I I i I I I i ! , i ; , I I , I I VI g Q)~~~ ~ - ~ ~ , 0.0 ~ c i:::Li:l g ~2 0 rn.... "c VI Q) E~g~8..O} 1:JcU'l:J ~ Q)::ltR-lIlrnQl I 22o.!:::3l) : (lJC~Q):.;::;U 'OJ Q) E.!!! Q.1Il I I _lVE="'COC: I I '::GctI~;2 I ! ~.g.8 -5'~.~ ! I ~ i.E"'u~c.~ :, ,~:c .~E 5l:: I Qi~-g'@~-.E ! ,..... 0 en 00:::;: (lI'- I ',~ "'" ~ EN + ---1- -H1,HH~i I iii 0 a.w.~ . Ill) cO C 01("') I I IE.Qgo~o:; l.g tl ci..!!:! " CI) ::1I!).o- _ Im.btA- (lIOO en >>00 c C.!a (lI 0 (J) :~ 8 ~ ~~-~ 10, ~ C:'.:::tA- (lI I'~ lV en C en ~ I?..c ::; E.- en I CT..... en lV lV :: ~".~-g:c_ I.!a- c'- ~'ro lill)..!!:! ,Q E (lI:: ::1.0 t5 ::1 a. <.) m ~2.!;.?:':;:; > ro..... ><.- f/) _ a.Cfl ro C ll):: I i IO>'6EEEl LL' IE-Ec~.d8, m .....1-.- Q) C ~~~.E~l ; ! ~.!: E ID E .1 I I, lUlU] .~ E:: (5 I-.!: J i : , I I I I , , " I T i , 0;- " >- o c. E w '" c > e ID a:: '0 '" E ro ~ ~ Ii ,); ~ o a. ~7" '" e; 0'- .~ ,'" - Ul c ."'_ !!- ~ c =i~ ~ ~LL 0:: 0 Q) >. IJ) ~ :::::I~ () 13 I ~Q) :::::I 0 ro~oo'-Q) Q)Q) mQ) ~ ::E 2 oQ)~..--_~ti),- goo ~~ ~ ~ m~oo 0 N~:::::I~~~~~.~t ~~ ~2 ~ :::::I 0 ro :t:: c 0 Q) CD ro ~ 0 0-0 0. 8..~ ~ S ~ ffi ~ ,g ~ <v ~ Q) 0 a; ~ 5-<:( 0 en ~ E c.. ro <:( ~ <:( c -g ~ t ,cc E~ -O::I-eno..t:~ ,o~enoo..g~o..~o<:( 6 ri ~ ~ .~ ffi gj ~ '0 ~ ~ ~ 6 6 ri ~ Q) ~ ~ e -g ~ e 2 ~ (1- o _ >. 'w.!a 0. >< "2 _ c :v :J 0 ~ _ 0 () Q) ~ :J 0.. x ::; C Q) W- >.Q)Q)IJ)>Q)oco.ro~~ tQ):::::Ic~oo~_o~ro~- _ooc~OOCDEQ)~~IJ)~:::::I~ro~u)NIJ)OCDlJ)o.U)? ~~~O "IJ)O:Vro'E'~o~~ro~~'E~"Ea ~ oro:t::_~~qro~~zroroOro:::::l~:t::Q)roQ)qro()~Q) OO~OI-~o..so..~enI~..--oCDo~OIOo..IO~Z 'k ,I . 'c " '0 ~~(x .... lVlE' v~>O - .o 1l ,- .s E ~. ~ iii 0:3 ,::!! ll) 0 I-Zo. a:: a.. N <() co I~ 0 ID 0: -~ \] , 0-0 ~ C ID ID .o", E >- ~.o - Z-o t- CO 0> C> - ro ID - - (500 t-::J 0') ..,. 118" 81Q8lUno:x>>y JO.:l '''.) ,-) --n .....t :-c !tl , ,',;'" -,-' r-'-, t;d c,:, (,,) f',) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert p, Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Bank of New York Tr is the grantee the same having been sold to said grantee on the 8th day of March A.D., 2006, under and by virtue of a writ Execution issued on the 29th day offu;ill, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 4296, at the suit ofEOCC trust 2001-2 Tr against Wayne H Johnson Jr. Nancv K & Andrea K is duly recorded in Deed Book No. 273, Page 3667. IN TESTIMONY WHEREOF, I have hereunto set my hand ~ and seal of said office this ,} 9 day of , 7U..e.J ,A.D, d ~t ,J ' I The Bank of New York, acting solely in It's capacity as Trustee for EQCC Trust 2001-2 VS Wayne H. Johnson, Jr., Nancy K, Johnson And Andrea K. Johnson The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2003-4296 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 05,2005 at 8:18 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendants, to wit: Wayne H, Johnson, Jr., Nancy K, Johnson and Andrea K. Johnson, by making known unto Nancy K. Johnson, personally and wife of Wayne H, Johnson, Jr. and Mother of Andrea K. Johnson, at 534 Shed Road, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on January 06, 2006 at 3:00 o'clock P.M" he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Wayne H, Johnson, Jr., Nancy K. Johnson and Andrea K. Johnson located at 534 Shed Road, Newville, 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 defendants, to wit: Wayne H, Johnson, Jr., Nancy K, Johnson and Andrea K. Johnson, by regular mail to their last known address of 534 Shed Road, Newville, P A 17241. These letters were mailed under the date of January 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on March 8, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$I.00 to Attorney Martha E. Von Rosenstiel for The Bank of New York as Trustee for the holders of the EQCC asset backed certificates series 2001-2, It being the highest bid and best price received for the same The Bank of New York as Trustee for the holders of the EQCC asset backed certificates series 2001-2 of c/o Select Portfolio Servicing Inc., 3815 South West Temple, Salt Lake City, UT 84165 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $672,19. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed $30,00 13.18 15.00 15,00 30.00 ',' '. Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Postage Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 10.00 ,50 1.00 25,76 4,64 15,00 40,00 1.56 179,00 206,00 21.05 25,00 39.50 $ 672.19 Sworn and subscribed to before me 2006, A.D, )~?~~ R. Thomas Kline, Sherif[ BY \ loAAA \'1N\;+L Re~ o-Y'V ()D 3'0' f .~.v Ck.. !>- 3 .:3K3 !2u-, 1'l11.) () , , ,./ Martha E. Von Rosenstiel, P.C, Martha E, Von Rosenstiel 649 South Avenue, Unit 7 P,O. Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D,# 52634 Attorney for Plaintiff The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 do Select Portfolio Servicing, Inc, 3815 S, West Temple Salt Lake City Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road Newville, P A 17241 Defendants AFFIDAVIT OF NOTICE PURSUANT TO RULE 3129.1 COMMONWEALlli OF PENNSYLVANIA: SS COUNTY OF DELAWARE MARTHA E. YON ROSENSTIEL, attorney for the 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 534 Shed Road, Newville, PA 17241. 1. Name and address of owners(s) or reputed owner(s) Wayne H. Johnson, Jr. 534 Shed Road Newville, PA 17241 Nancy K, Johnson 534 Shed Road Newville, P A 17241 Andrea K. Johnson 534 Shed Road Newville, P A 17241 -- " 2, Name and address of defendant(s) in the judgment: Wayne H. Johnson, Jr. 534 Shed Road Newville, PA 17241 Nancy K. Johnson 534 Shed Road Newville, P A 17241 Andrea K. Johnson 534 Shed Road Newville, PA 17241 3, Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: NONE 4, Name and address ofthe last recorded holder of every mortgage of record: NONE 5, Name and address of every other person who has any record lien on the property: 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: NONE 7, Name and address of every other person of whom plaintiff has knowledge who has any interest in the property which may be affected by the sale: Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, P A 17013 Cumberland County Register of Wills County Courthouse Carlisle, PA 17013 Attorney General of the United States c/o Assistant Attorney General, Tax Division U.S, Department of Justice Post Office Box 227 Washington, DC 20044 ,Ao,. ./ . PA Department of Revenue Inheritance Tax Bureau Strawberry Square, II th Floor Hanisburg,PA 17128-1100 Family Court/Domestic Relations Office One Courthouse Square Carlisle, P A 17013 Bureau of Compliance Clearance Support SectionlATIN: Sheriff's Sale Dept. 281230 Hanisburg, PA 17129-1230 Dept. of Public Welfare Box 2675 Harrisburg, PA 17105 OCCUPANTS~ENANTS 534 Shed Road Newville, PA 17241 1 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, Section 4904 relating to unsworn falsification to authorities, Martha E, Von Rosenstiel Attorney for Plaintiff . ~ Martha E, Von Rosenstiel, P.C, Martha E, Von Rosenstiel 649 South A venue, Unit 7 P.O, Box 307 Secane, PA 19018 (610) 328-2887 Attorney I.D,# 52634 Attorney for Plaintiff The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc, 3815 S. West Temple Salt Lake City, Utah 84165 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No: 03-4296 Civil vs. Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K, Johnson 534 Shed Road Newville, PA 17241 Defendants THIS IS AN ATTEMPT TO COLLECT A DEBT ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Wayne H. Johnson, Jr. and Nancy K. Johnson and Andrea K. Johnson 534 Shed Road NewvilIe,PA 17241 Your house and/or real estate at 534 Shed Road, Newville, P A 17241 is scheduled to be sold at Sheriff's Sale on March 8, 2006 at 10:00 a,m. to enforce the court judgment of $134,201.67 obtained by The Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc, against you. NOTICE OF OWNERS 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 Bank of New York, acting solely in its capacity as Trustee for EQCC Trust 2001-2 c/o Select Portfolio Servicing, Inc, the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay, you may call (610) 328-2887. . 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 contact 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 bid price by calling (610) 328-2887, 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 the 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 (610) 328-2887, 4, If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5, You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you, 6. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on a date to be announced by the Sheriff. 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 Schedule of Distribution is posted, 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCATION 2 LIBERTY AVENUE CARLISLE, P A 17013 (800) 990-9108 (717) 249-3166 I CLAIM FOR EXEMPTION To the Sheriff: I, the above named defendant, claim exemption of property from levy or attachment: (1) From my real property in my possession which has been levied upon, (a) I desire that my $300,00 statutory exemption be set-aside in kind (specify real property to be set-aside in kind): I request a prompt court hearing to determine the exemption. Notice of the hearing should be given to me at (Address) (Telephone Number) I verify that the statements made in this Claim for Exemption are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities. Date: Signature THIS CLAIM TO BE FILED WITH THE OFFICE OF THE SHERIFF CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 717 240-6391 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land in the Township of Lower Mifflin, County of Cumberland, State of Pennsylvania, being known and designated as Lot 15 and 16, Subdivision for Charles L. Bear, recorded in the County Recorder's Office of Cumberland, Tax Parcel #15-05-0413-052 TITLE TO SAID PREMISES IS VESTED IN Wayne H, Johnson, Jr, and Nancy K. Johnson and Andrea K. Johnson, joint tenants by Deed from Wayne H, Johnson and Nancy K. Johnson, husband and wife dated 12/8/1997 and recorded 1/29/1998, in Deed Book 171, Page 404, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 03-4296 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK, ACTING SOLELY IN ITS CAPACITY AS TRUSTEE FOR EQCC TRUST 2001-2, Plaintiff (s) From WAYNE H. JOHNSON, JR, AND NANCY K. JOHNSON AND ANDREA K JOHNSON, (I) You are directed to levy upou the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account ofthe 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $134,201.67 L.L. $.50 Interest FROM 9/28/05 TO SALE DATE AT $26,50 PER DIEM - $4,293.00 Atty's Comm % Due Prothy $1.00 Atty Paid $151.66 Other Costs Plaintiff Paid Date: SEPTEMBER 29, 2005 C~ Prothonotary I By: (Seal) Deputy REQUESTING PARTY: Name MARTHA E. VON ROSENSTIEL, ESQUIRE Address: 649 SOUTH AVENUE, UNIT 7 P. O. BOX 307 SECANE, PA 19018 Attorney for: PLAINTIFF Telephone: 610-328-2887 Supreme Court ID No. 52634 Real Estate Sale # 17 On November 30, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Lower Mifflin Township, Cumberland County, PA Known and numbered as 534 Shed Road, filed with this writ and by this reference incorporated herein. e c:;;;:i) CViJ c:::::::J CiE> 0Vil Newville, more fully described on Exhibit" A" Date: November 30, 2005 BY\j~ Svvufh Real Estate Sergeant ,.-/ vt. d]S SU~I 0, S:b v 'Cl ! ''\. 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 Michael Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2006. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY S ALE #17 NOT PUBLIC My commission expires lune 6, 2006 CUMBERLAND COUNTY SHERIFFS 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 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumbcrland 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, V1Z: January 20, 27, February 3,2006 Affiant further deposes that he is authorized to vcrify this statement by the Cumberland Law Journal, a legal pcriodical of general circulation, and that he is not interested in the subject matter of the aforesaid noticc or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 17 ~ Writ No. 2003-4296 CM! The Bank of New York. acting solely In its capacity as Trustee for EQCC Trust 2001-2 vs. Wayne H. Johnson, Jr., Nancy K. Johnson and. Andrea K. Johnson Atty.: Martha Von Rosenstlel LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land in the Township of Lower Mlifflln.CountyofCumber~d.State o.f Pennsy!vani~. _~~g ~~~ _~d SWORN AND SUBSCRIBED before me this 3 day of Februarv. 2006 ~Y!,A'<L).L. ~~r/~/J , ' Notary." /' .