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HomeMy WebLinkAbout03-5979FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLiNAN, ESQ., Id, No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 4828 LOOP CENTRAL DRiVE HOUSTON, TX 77081-2226 COURT OF COMMON PLEAS CIVIL DIVISION TERM CUMBERLAND COUNTY Plaintiff BONNIE L. WERNI 4708 EAST TRINDLE ROAD MECHANICSBLIRG, PA 17050 FRANK A. SEARS, SR 4708 EAST TR1NDLE ROAD MECHANICSBURG, PA 17050 Defendant(s) CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGiBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 File#: 82298 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED 1N 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. File #: 82298 Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 4828 LOOP CENTRAL DRWE HOUSTON, TX 77081-2226 The name(s) and last known address(es) of the Defendant(s) are: BONNIE L. WERNI 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 FRANK A. SEARS, SR 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/26/2002 FRANK A. SEARS, SR. made, executed and delivered a mortgage upon the premises hereinafter described to CONSECO BANK, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1767, Page 3692. By Assignment of Mortgage recorded 12/10/02 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 692, Page 2621. 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 05/03/2003 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#: 82298 The following amounts are due on the mortgage: Principal Balance Interest 04/03/2003 through 11/13/2003 (Per Diem $31.92) Attorney's Fees Cumulative Late Charges 07/26/2002 to 11/13/2003 Cost of Suit and Title Search Subtotal $105,481.60 7,182.00 1,250.00 599.76 $ 550.00 $ 115,063.36 Escrow Credit 0.00 Deficit 1,384.70 Subtotal $ 1,384.70 TOTAL $116,448.06 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. ffthe Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 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. This action does not come under Act 6 of 1974 because the original mortgage amoant exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $116,448.06, together with interest from 11/13/2003 at the rate of $31.92 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. FR/~NK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 82298 ALL THAT CERTAIN 1o/, piece or parcel of grotmd situate in/rIamzJen Township, Cumberland County, Pelmsylvania, bounded and described as follows, Io wit: BEGINNING at aa iron pin in the Southern right-of-way line of thc Trindle Spring Road at Northeast c~*rner or' lands N/F of Thomas C. and Betty J. Mitchell thence North sixty-~ighr (68) degrees zero (0) minutes East, eighty (80) feet alo,g said right-of-way line to an iron pin; ~eac~ South twenty-five (25) degrees twemyqhree (23) minutes East, one hundred fifty-one and seven tenths (151 feet along the lands N/F of Fredrick T, and Adeline E. Fox to an iron pm; thence Soum sixty-eight (68) degrees tifly4wo (52) minutes West, eigh!y (80) fe~t along lands N/F of George E. Schweitzer oral. to an iron pin: thence North twenty~t'ive (25) degrees twenty-three (23) minutes W'es~ one huudr~l fifty and five tomb5 (150.5) feet along lands NIF of th~ said Thomas C. and Betty J. MitchelI, to the place of beginuiug. HAVING thereo, erected a one story brick dwelling house. TAX PARCEL #10-22-0527-1.48 PREMISES BEING: 4708 EAST TRINDLE ROAD. VERIFICATION Lucy Herrada hereby states that she is FC Processor of LITTON LOAN SERVICING mortgage servicing agent for Plaintiff in this matter, that she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. ,;904 relating to unsworn falsification to authorities. SHERIFF'S CASE NO: 2003-05979 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS WERNI BONNIE L ET AL RETURN - REGULAR RON KERR , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT WERNI BONNIE L DEFENDANT , at 1856:00 at 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 FPJ~NK A SEARS SR, ADULT a true and attested copy of COMPLAINT - - MORT FORE was served upon the HOURS, on the 17th day of November , __ 2003 by handing to IN CHARGE MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 8.97 Affidavit .00 Surcharge 10.00 .00 36.97 Sworn and Subscribed to before me this ~ day of Prothonot~ary So Answers: R. Thomas Kline 11/18/2003 FEDERMAN & PHELAN Deputy Sheriff SHERIFF'S RETURN CASE NO: 2003-05979 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS WERNI BONNIE L ET AL - REGULAR RON KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT - MORT FORE SEARS FRANK ASR DEFENDANT at 1856:00 HOURS, at 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 FRANK A SEARS SR a true and attested copy of COMPLAINT - MORT FORE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of November , __ together with by handing to 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ ~ day of ~/'~%,~., ~. -. ~__ ~.~..~ A.D. ' "-~ Prothonotary f So Answers: R. Thomas Kline 11/18/2003 FEDERMAN & PHELAN By: e~put y Sheriff FEDERMAN AND PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215~ 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : TRUSTEE UNDER THE POOLING AND : SERVICING AGREEMENT DATED AS OF : OCTOBER 1, 2002, AMONG CREDIT-BASED : ASSET SERVICING AND SECURITIZATION : LLC, PPT ABS LLC, LITTON LOAN SERVICING : LP AND U.S. BANK NATIONAL ASSOCIATION, : PBT ASSET-BACKED CERTIFICATES, SERIES : 2002-1 : 4828 LOOP CENTRAL DRIVE : HOUSTON, TX 77081-2226 : : Plaintiff, : BONNIE L. WERNI FRANK A. SEARS, SR. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979 C.T. Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BONNIE L. WERNI and FRANK A. SEARS, SR., Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaim Interest from 11/14/03-1/7/04 TOTAL $116,448.06 $1,755.60 $118,203.66 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. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. PRO PROTH¥ FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ,, Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALL1NAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (715) ~6~-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 Plaintiff VS. BONNIE L. WERNI FRANK A. SEARS, SR. Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBE~ COUNTY : NO. 03-5979 C.T. TO: BONNIE L. WERNI 4708 EAST TRUNDLE ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: DECEMBER 9, 2003 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE FILE COPY CARLISLE, PA 17013 (717) 249-3166 FRANK rrOemAN, ES0UIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN AND PHELAN, LLP FRANK FEDERMAN, ESQ., Id. No. 12248 LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21~) s6~-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASS ET-BACKED CERTIFICATES, SERIES 2002- I Plaintiff Vs. BONNIE L. WERNI FRANK A. SEARS, SR. Defendants ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY : NO. 03-5979 C.T. TO: FRANK A. SEARS, SR. 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 DATE OF NOTICE: DECEMBER 9, 2003 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 CUMBERLAND COUNTY BAR ASSOCIATION 2 LlBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 FRANK FEDERMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 4828 LOOP CENTRAL DRIVE Plaintiff, V. BONNIE L. WERNI FRANK A. SEARS, SR. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979 C.T. Defendant(s). VERIFICATION OF NON-MILITARY SERVICE FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiffin the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant BONNIE L. WERNI is over 18 years of age and resides at, 4708 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050. (c) that defendant FRANK A. SEARS, SR. is over 18 years of age, and resides at, 4708 EAT TRINDLE ROAD, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff · Request for Military Status Page 1 of 1 Department of Defense Manpower Data Center JAN-06-2004 13:04:35 Military Status Report Pursuant to the Soldiers' and Sailors' Civil Relief Act of 1940 Currently not on Active Military Duty, based on the Social Security Number and last name provided. Upon searching the information data banks of the Department of Defense Manpower Data Center, the above is the current status of the Defendant(s), per the Information provided, as to all branches of the Military. Keimeth C. Scheflen, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. If you have information that makes you feel that the DMDC response is not correct, please send an e-mail to sscra.helpdesk~osd.pentagon.mil. For personal privacy reasons, SSNs are not available on this printed results page. Requesters submitting a SSN only receive verification that the SSN they submitted is a match or non-match. https://www.dmdc.osd.mil/udpdri/owa/sscra.prc_Select 1/6/2004 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 Plaintiff, BONNIE L. WERNI FRANK A. SEARS, SR. Defendant(s), No. 03-5979 C.T. TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 1/8/04 to JUNE 9, 2004 (per diem -$19.43) TOTAL $118,203.66 f $2,992.22 and Costs $121,195.88 FRANK FEDERMAN, 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. ALL TfJAT C~I~I'AIN IoL ptece or l~fcel o£ ~o~(1 zi~n~e in Hamp~a 'fow~p, Cumberlanrl County, Pennsylvania, bounded and described BEGINNING al an ircu pin No~ ~rn~ of lands NIF ~ees zero (0} ~ez ~at, eigh~ ~'-tlvc (25} ~gt~ ~wmty-~ (23) ~u~s ~at, one ~adr~ fi~-a~ and seven tcn~s (1~1.7) ~t along Il< I~ds NCF o~Freddck T. ~d de~oea tiff-two (52) m~u~a W~aI, eight' (80) f~ aleng lan&n N/F o~' George E. ~w~ e~. to an ~n pm; t~e N~n~ t~my-~e a~ fiw tenths (1~.5) rent flo~ I~d~ N~F oft~ ~aid Thews C. a~ Bct~ I. ~lcl~c]l, to th~ ola~ of Trl'LE 'lO SAID PREM1SES IS YES'fED IN lal~a~k A. Sears, St., tingle mini by Deed Rallnh L. Bnyle, Ir. and Diane M. Boyle, his wife, dated 2128/1995 and r~cordcd 3/3/1995 l~,c*otd Book 1t9 Page 192. TAX PAP, CEL :~10-Z2-0~27-148 U.S. BANK NATIONAL ASSOCIATION, AS : TRUSTEE UNDER THE POOLING AND : SERVICING AGREEMENT DATED AS OF : OCTOBER 1, 2002, AMONG CREDIT-BASED : ASSET SERVICING AND SECURITIZATION : LLC, PPT ABS LLC, LITTON LOAN SERVICING : LP AND U.S. BANK NATIONAL ASSOCIATION, : PBT ASSET-BACKED CERTIFICATES, SERIES : 2002-1 : Plaintiff, BONNIE L. WERNI FRANK A. SEARS, SR. De~ndam(~. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at, 4708 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BONNIE L. WERNI FRANK A. SEARS, SR. 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 4708 EAT TRINDLE ROAD MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CITIFINANCIAL, INC. 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are tree and correct to the best of my personal lmowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. January 7, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff FEDERMAN and PHELAN, LLP By: FRANK FEDERMAN Identification No. 12248 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : TRUSTEE UNDER THE POOLING AND : SERVICING AGREEMENT DATED AS OF : OCTOBER 1, 2002, AMONG CREDIT-BASED : ASSET SERVICING AND SECURITIZATION : LLC, PPT ABS LLC, LITTON LOAN SERVICING : LP AND U.S. BANK NATIONAL ASSOCIATION, : PBT ASSET-BACKED CERTIFICATES, SERIES : 2002-1 : Plaintiff, BONNIE L. WERNI FRANK A. SEARS, SR. Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979 C.T. CERTIFICATION FRANK FEDERMAN, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE : UNDER THE POOLING AND SERVICING : AGREEMENT DATED AS OF OCTOBER 1, 2002, : AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED : CERTIFICATES, SERIES 2002-1 : Plaintiff, : V. BONNIE L. WERNI FRANK A. SEARS, SR. Defendant(s). CUMBERLAND COUNTY No. 03-5979 C.T. January 7, 2004 TO: BONNIE L. WERNI 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 FRANK A. SEARS, SR. 4708 EAT TRINDLE ROAD MECHANICSBURG, PA 17050 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA DEBTAND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN A GAINST PROPERTY * * Your house (real estate) at, 4708 EAST TRINDLE ROAD, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff's Sale on JUNE 9, 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $118,203.66 obtained by U.S. BANK NATIONAL ASSOCIATION~ AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, AMONG CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 (the mortgagee) against you. In the event the sale is continued, an am~ouncement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attomey to assert yom' 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT (.~RTAIN tot, ~t~ee of parcel of ~o~l~ ~iLua~e in H~mpd~ '~owmhip, CumbeHancl County. Pennsylvania, bou~d,-d and de~critr:d as follow~, to wit: BEGINNING al an iron pin in ~c Sou~ezu ri~t-of.~ay line of thc Triadic Spring Ra~t No~ ~n~ or' lands NIF of Th~s C. a~ Betty J. Mi~cll; ~ North ~ix~y~ighi d~es zerv (0) ~e~ ~sl, eigh~ (80) f~ along said dg~-of-way ~ne ~o ~ ~ p~; ~ ~,-tivc (25~ ~gr~s twmty-~ (2~) ~u~s ~st, one ~ndr~ fl~-~ and sove~ ten~s (1~1.7) ~ along 1~ l~ds Nf~ oF Fredrick T. ~d A~i~ E. F~ to ~ iron p~i &en~ Sau~ gix~-~ght de.ocs fif~-two (52) m~ms Wesl. eigh~ (80) f~ along lan~s N/F or'George E. ~wci~ c~. to ~n ~n p~; thee No~h ~my-t~e (~ aegr~ ~emy-~ (23) ~u~s We~ o~ hu~ a~ five tenths (1~.5) Feet ~ong I~ds NtF of~ ~aid Tho~a C, ~ Bc~ J. MilchclI. to of TITLE TO SA[I) PREMISES 1S VESTED [bi Ptza~k A, Sum-s, St., stogie n'lm~ ~' Deed from Rayh L Boyle. lt. and Diane M. Bo?le, t~is wife. dated ~8/1995 and r~cordrd 3?31'i995 iit Rcco~d Book 119 Page 192, TAX PARCEL ~10-22-0~27-14g WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 03-5979 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF YORK COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 10/1/02, AMONG CREDIT-BASED ASSET SERVICING, AND SECURIITIZATION LLC, PPT ASB LLC LITTON LOAN SERVICING LF AND U S BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 Plaintiff (s) From BONNIE L. WERNI ANS FRANK A. SEARS, SR. 4708 E. TRINDLE ROAD, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell LEVY ON REAL ESTATE LOCATED AT 4708 E. TRINDLE ROAD, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTON). (2) You are also directed to attach the property of the de£endant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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 m 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 $118,203.66 L.L. $.50 Interest FROM 1/5/04 TO 6/9/04 ~ $19.45 per diem = $2,992.22 Due Prothy 1.00 Other Costs Atty's Corem % Arty Paid $134.97 Plaintiff Paid Date: JANUARY 9, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQ CURTIS R. LONG Proth~}otary ~De) Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLYD, SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 PLAINTIFF AFFIDAVIT OF SERVICE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER TEI~ POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, AMONG CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERI~S 2002-1 CUMBERLAND COUNTY PJT No. 03-5979 C.T. ACCT. #8579021 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 DErE DA (S) BONNIE L. WERNI FRANK A. SEARS, SR. SERVE BONNIE L. WERNI AT 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 ,., SERVED Served and made known to ~:~bll,.J;~- k, ~O~IXN! ,Defendant, onthe of Pennsylvania, in the manner described below: ,200_~ , Commonwealth Defendant personally served. .~--7~Adult family member with whom Defendant(s)reside(s). Relationship is ~'B./~1 ~-~ ~ {- __ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. __ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defandant(s)'s office or usual place of bnsiness. an officer of said Defendant(s)'s company. Other: Description: Age ~ ~"" Height .~ I, ~'~[~"~. ~o e*.. k, C_~.lr[ ./"~,, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sherifffs Sale in the manner as set forth herein, issued in the captioned case on tho d o*~ ~'t at the address indicated above. - ~J~l~.~ ' Sworn to and subscribed be for~ me this ~0~ ~'day o~ .-%.v,,..,.f~u / //2 ~ / / t x · laearlmflnvTownshi~,Franldtn _rOl~/ll I NOT SERVED On the Moved Attempt: / 3rd Attempt: / Sworn to and subscribed before me this day of ,200 _. Notary: day of ,200__, at __ --. Unknown__ No Answer / Time: : / Time: : By: o'clock __.m., Defendant NOT FOUND because: __ Vacant 2"d Attempt: / / Time: Attorney for Plaintiff Frank Feder man, Esquire - I.D. No. 12248 PLAINTIFF AFFIDAVIT OF SERVICE U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, AMONG CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 CUMBERLAND COUNTY No. 03-5979 C.T. ACCT. #8579021 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 9, 2004 PJT DEFENDANT(S) BONNIE L. WERNI FRANK A. SEARS, SR. SERVE FRANK A. SEARS, SR. AT 4708 EAT TRINDLE ROAD MECHANICSBURG, PA 17050 Se vedand. de now to Fe o/< k SEaVEO . , Defendant, on the / ¢ ~'~ day of , Co~onweal~ of Pe~ylva~a, ~ the ~er described below: ~ Defen~t perso~lly se~ed. Adult fa~ly member with whom Defen~t(s) reside(s). Re~om~p is ~Ad~t ~ c~rge of Defen~s)'s residence who re~s~ to give ~me or relafom~p. ~Ma~ger/Clerk of place of lod~g ~ which Defen~t(s) reside(s). ~Agem or person ~ c~ge of Defen~s)'s office or us~l place of bus,ess. ~ officer of said DefeMan~s)'s co,any. O~er: Descrip~on: Age ~ Height ~/~ Weight/~ ~ce ~G Sex ~ O~er ~oe~ I, C~, ~ c ~ ~. Cz ~+~t ~g' , a co~etent adult, berg duly sworn accor~g to law, depose ~d s~te t~t I perso~lly ~ded a ~e and co~ect copy of~e Notice of SheriWs Sale ~ the ~er as set fo~ herein i~e,oa captioned case on ~e date ~d at ~e address ~dicated above. Sworn to and subscribed ] ~OT~ ATTEMPTED. NOT SER~D On ~e ~y of ,200~ at ~ o'clock __.m, Defendant NOT FO~ because: --. Moved __ Unknown__ No Answer 1'¢ Attempt:. / / Time: : : 3rd Attempt:. / / Time: : Sworn to and subscribed before me this __ day of ,200 _. Notary: By: __ Vacant 2"'~ Attempt:. / / Time: Attorne for Plaintiff Frankleederman, Esquire - I.D. No. 12248 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANKNATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1, 2002, AMONG CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES SERIES 2002-1 VS. BONNIE L. WERNI FRANK A. SEARS, SR. CIViL ACTION CIVIL DIVISION NO. 03-5979 C.T. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) SS: I, FRANK FEDERMAN, ESQUIRE attorney for U.S. BANKNATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1~ 2002, AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC~ PPT ABS LLC, LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION~ PBT ASSET-BACKED CERTIFICATES~ SERIES 2002-1 hereby verify that on January 9~ 2004 true and correct copies of the Notice of Sheriff's sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DATE: April 26, 2004 FRANK FEDERMAN, ]ESQUIRE Attorney for Plaintiff ~'~' '~ /// ~ _> o ]~ ~-~' / / ~ ~ 0004,.00377 JAN09 2004 ~' ~' ¢ ~, i ] ' ~ ~ MAILED FROM ZiP CODE 1 9 ~ 0 3 . FEDERMANA/qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 vs. Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979-C.T. PP. AECIPE FOR RULE TO SHOW TO ~{E PROTHONOTARY: Kindly enter a Rule upon Bonnie L. Werni Frank A. Sears, Sr., Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. NO. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 vs. Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF : CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979-C.T. AFFIDAVIT OF SERVICE Daniel G. Schmieg, Esquire, hereby certifies that a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on ADril 28, 2004. Bonnie L. Werni Frank A. Sears, Sr. 4708 East Trindle Road, Mechanicsburg, PA 17050 DATE: April 28, 2004 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 VS. Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979-C.T. PLAINTIFF'S PETITION FOR REASSESSME~ OF DAMAGES Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, moves the Court to direct the Prothonotary to reassess the damages in this matter, and in support thereof avers the following: 1. Complaint in Mortgage Foreclosure was filed on November 14, 2003. 2. Judgment was entered against Defendant(s) on January 9, 2004 in the amount of 118,203.66. 3. The mortgaged premises are listed for Sheriff's Sale on June 9, 2004. 4. Additional sums have been incurred or expended on Defendant(s)' behalf since the Complaint was filed and Defendant(s) have been given credit for any payments that have been made since the judgment, if any. The amount of damages should now read as follows: Principal Balance Interest Amount April 3, 2003 through June 9, Per Diem $31.50 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit 2004 105,481.60 13,652.69 599.76 1,250.00 992.00 0.00 61.00 0.00 0.00 (0.00) 0.00 0.00 2,701.54 TOTAL $124,738.59 5. Under the terms of the mortgage, which mortgage is recorded in the Office of the Recorder of Deeds in Book {#1767), Page (#3692), Plaintiff is entitled to judgment in the amount as set forth in paragraph four herein against the Defendant(s). WHEREFORE, Plaintiff respectfully requests this Honorable Court issue an Order to the Prothonotary to reassess the damages as set forth above. By:FE~MAN AND~., L.L.P. Dani%l G. Schmieg, Esquire Attorney for Plaintiff FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Amon9 Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 vs. Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979-C.T. BRIEF OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DA~A~ I. BACKGROUND OF CASE Plaintiff and Defendant(s) Agreement, wherein Defendant(s) entered into a Promissory Note and agreed to pay Plaintiff principal, Mortgage interest, mortgage late charges, real estate taxes, hazard insurance premiums and insurance premiums as said monies became due. In turn, Plaintiff's Note was secured by a mortgage on the subject premises. The Mortgage Agreement indicates that in the event Defendant(s) defaults, Plaintiff may pay any necessary obligations in order to protect its collateral, the subject premises. In the case sub judicia, Defendant(s) failed to abide by the Mortgage Agreement by failing to tender numerous, promised monthly mortgage payments. Accordingly, after Plaintiff determined that Defendant(s) were not going to cure the default and bring the loan current, Plaintiff commenced a Mortgage Foreclosure Action. Judgment was subsequently entered by the Court:, and the subject property is scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the Mortgage Foreclosure Action, the entry of Judgment and the Sheriff's Sale date, damages as previously assessed by the Court are outdated and must be increased to include current interest, real estate taxes, insurance premiums, and other expenses which Plaintiff has been obligated to pay under the Mortgage Agreement in order to protect its interest. II. ARQUMENT ~OR RF, ASS~S~',~' OF n~n The Pennsylvania Rules of Civil Procedure are silent with respect to the issue of Reassessment of Damages; however, ]Rule 1037 provides, "the Prothonotary shall assess damages for the amount which Plaintiff is entitled if it is a sum certain or which can be made certain by computation...,, In the instant case, the amount to which Plaintiff is entitled is readily calculated by review of the Mortgage Agreement, which is of record, together with the Complaint which specifically lists the items chargeable. Clearly, if Rule 1037 gives the Prothonotary the right to assess damages for the amount to which Plaintiff is entitled as set forth in the Complaint, the Court has similar power to reassess damages at a later date. In addition, Rule 1037(a) provides that the Court, on motion of a party, may enter an appropriate judgment against a party upon default or admission. If the Court has the power to enter judgment, it certainly has the power to do a lesser act, to wit, reassess damages. It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to 9rant any relief until that judgment is satisfied. 20 P.L.E., Judgments Sec. 191. See also, Stephenson v. Butts, 187 Pa. Super 55, 59, 142 A.2d 319, 321 (1958); Chase Home Mortqage Corporation of the Southwest v. Good, 1988). In Chase Home Mortqage, the Court stated that assessed following defendant's failure to file a 537 A.2d 22, 24 (Pa. Super where a judgment has been responsive pleading in a mortgage foreclosure action, a mortgagee "...could properly move the court to amend the judgment to add additional sums due by virtue if the mortgage's failure to comply with the terms of the mortgage agreement...,, Id. at 24. Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. See Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if Plaintiff went to sale without reassessing damages, and if there was competitive bidding for the subject premises, Plaintiff would suffer irreparable harm in that it would not be able to recoup monies it paid to protect its interest. Conversely, a reassessment of damages will not be detrimental whatsoever to Defendant(s) as it imputes no personal liability. The Supreme Court of Pennsylvania found in the Landau v. Western Pa. Nat. Bank case that the debt owed on a mortgage changes and can be expected to change from day to day, because Western Pennsylvania must pay expenses for the property in order to protect its collateral. 445 Pa. 117, 282 A.2d 335 (1971). Because a mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. See Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Therefore, Plaintiff respectfully submits tha~ if the enforcement of its rights are delayed by legal proceedings and enforcement of its judgment, and such delays require the mortgagee to expend additional sums pursuant to the Mortgage, then said expenses become part of the mortgagee's lien and should be included in said judgment. As the Court indicated in FNMA v. Jefferson, an unreported case a copy of which is attached hereto, since the charges enumerated in Plaintiff's Motion for Reassessment of Damages were incurred pursuant to the Mortgage Agreement, and the mortgage had not yet been paid, said charges should be included in Plaintiff's judgment amount. May Term, 1986, No. 2359 (CCP PHILJ%. 1986). III. CONCLUSION Plaintiff respectfully requests this Honorable Court grant its Petition to Reassess Damages. Plaintiff respectfully submits that it has acted in good faith in maintaining the property in accordance with the Mortgage, and in reliance on said instrument with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests this Honorable Court to reassess the damages as set forth in the Petition to Reassess Damages. By: ~--~ Daniel G. Schmieg, Esqllire Attorney for Plaintiff Becau~c P!~iatiff wa~ required to accept ~fen~a~.have ~t refuted ~%e spec~ic a~un~ claimed. 2 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Petition for Reassessment of Damages are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: April 28, 2004 Daniel G. Schmieg, Esquire Attorney for Plaintiff FEDEPdV~NAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1999 (215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979-C.T. MAY 0 4 200J, AND NOW, this ~ day of V~) ~ , 2004, a Rule is entered upon Bonnie L. Werni Frank A. Sears, Sr., Defendar[t(s) to show cause why the attached Order for Reassessment of Damages should not be entered..~ RULE RE~LIRNABLE thio d=~ BY THE COURT: FEDERMANA/~-D PHELAi~, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 !215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 vs. Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF CUMBERLA-ND COUntY ~ COURT OF COMM~' PLE~ -~ CIVIL DIVISIOg~i~ ~ ~ ~ ~.~ NO. 03-5979-C ~..~.~ ~? C~RTIFICAT%O~ OF S~RVICB I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 1, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on ~ay 10, 200~. Bonnie L. Werni Frank A. Sears, Sr. 4708 East Trindle Road, Mechanicsburg, PA 17050 ~niel ~. Schmieg, ~/re Attorney for Plai~,~-~T Date: May 10, 2004 FEDERMANA/qD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF U.S. Bank National Association, AS Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Bonnie L. Werni Frank A. Sears, Sr. : CIVIL DIVISION : NO. 03-5979-C.T. MOTION TO ~KE RULE ABSOLUTE Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: 1. That it is the Plaintiff in this action. 2. A Petition for Reassessment of Damages was filed with the Court on _ADril 30, 2004 and Rule was entered upon Defendant(s} Bonnie L. Werni Frank A. Sears, Sr. on Mav 6, 2004 to show cause why the Order for Reassessment should not be entered. A true and correct copy of the Rule is attached hereto as Exhibit A. 3. The Rule to Show Cause was timely served upon all parties in accordance with the applicable Rules of Civil Procedure, and a Certification of Service is attached hereto B. 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of _June 1, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDE~. AND~/LAN, L.L.P. Attorney for P~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 ~a~iel G. Schmieg, Es~e Attorney for Plaint~ Exhibit A FEDERMANAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, AS Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 ATTORNEY FOR PLAINTIFF : CUMBERI~/gD COUNTY COURT OF COMMON PLEAS vs. : CIVIL DIVISION Bonnie L. Werni Frank A. Sears, Sr. : NO. 03-5979-C.T. AN~D NOW, this ~ ~ day of 2004, a Rule is entered upon Bonnie L. Werni Frank A. Sears, Sr., Defendant(s) to show cause why the attached Order for Reassessment of Damages should not be entered. RD-LE RETURNABSE thic amy of 200~. ~ BY THE COURT: tRUE COPY FROM RECORD In Te~lmo~y,4~hereof. I here unto set my har~ a~d the seal ~ said Co~1 at ~, Pa. .., ~ ~,f,, ~_ ~ -~. '~ ~,~ , ~ o1~q Exhibit B FEDERMANAND PHELAN, LLP. by: Daniel G. Schmleg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 vs. Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979-C.T. CERTIFICATION OF SERVICE I, Daniel G. Schmieg, Esquire, hereby certify that a copy of the Rule Returnable Date of June 1, 2004 and a copy of Plaintiff's Petition for Reassessment of Damages have been sent to the individuals indicated below on May 10, 2004. Bonnie L. Frank A. Sears", ~-~6~ 4708 East Trindl~'~,~''---~, Mechanicsburg]'-~ Attorney for Plai~j~-f Date: May 10, 2004 FEDERM3iN ~%rD PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 vs. Bonnie L. Werni Frank A. Sears, Sr. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 03-5979~C.T. ORD~ AND NOW, this ~l% day of ~ , 2004, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that the Rule entered upon Defendant(s) shall be and is hereby made absolute and Plaintiff's Petition is GRANTED and it is further ORDERED that the Prothonotary reassess the damages in this case as follows: Principal Balance Interest Amount April 3, 2003 through June 9, Per Diem $31.50 Late Charges Legal fees Cost of Suit and Title Sheriff's Sale Costs Property Inspections MIP/PMI NSF Fees Suspense/Misc. Credits Appraisal/BPO Escrow Credit Deficit 2004 TOTAL Plus interest per diem from June 9, 2004 percent. through Date of Sale at NOTE: THE ABOVE FIGURE IS NOT A PAY OFF - SHERIFF'S SALE COSTS AND COMMISSION ARE NOT INCLUDED IN THE ABOVE/~GURES~ 105,481.60 13,652.69 599.76 1,250.00 992.00 0.00 61.00 0.00 0.00 (0.00) 0.00 0.00 2~?01.54 $124,738.59 six (6%) FEDERM3LNAND PHELAN, LLP. by: Daniel G. Schmieg, Esquire Atty. I.D. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTOKNEY FOR PLAINTIFF U.S. Bank National Association, As Trustee Under The Pooling And Servicing Agreement Dated As Of October 1, 2002, Among Credit-Baded Asset Servicing And Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP And U.S. Bank National Association, PBT Asset-Backed Certificates, Series 2002-1 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS vs. Bonnie L. Werni Frank A. Sears, Sr. : CIVIL DIVISION : NO. 03-5979-C.T. MOTION TO MAKE RULE A~SOLU]:E Plaintiff, by its Attorney, Daniel G. Schmieg, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above captioned mortgage foreclosure action, and in support thereof, avers as follows: April 30, A. Sears, should not be entered. as Exhibit A. That it is the Plaintiff in this action. A Petition for Reassessment of Damages was filed with the Court on 2004 and Rule was entered upon Defendant(s) Bonnie L. Werni Frank Sr. on May 6, 2004 to show cause why the Order for Reassessment A true and correct copy of the Rule is attached hereto 3. The Rule to Show Cause was timely served accordance with the applicable Rules of Civil Procedure, Service is attached hereto B. upon all parties in and a Certification of 4. Defendant(s) failed to respond or otherwise plead to the Rule Returnable date of June 1, 2004. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and enter the Order for Reassessment of Damages. FEDE~ AND~/LAN, L.L.P. b~nieI ~. Sch~l'~, Es~c~ire Attorney for P~ VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to take this affidavit, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, infermation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: June 1, 2004 By: /_4F~,~,~/ .-~-~"~--~V.../ D'~iel G. Schmieg, Es~ Attorney for Plain~/~ 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 Sheriff's Deed in which U A Bank N A Tr is the grantee the same having been sold to said grantee on the 9th day of June A.D., 2004, under and by virtue ora writ Execution issued on the 9th day of Jan, A.D., 2004, out of the Court of Common Pleas of said County as of Civil Term, 2003 Number 5979, at the suit ofU A Bank N A Tr against Bonnie L Wemi & Frank ASr is duly recorded in Sheriff's Deed Book No. 263, Page 3894. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ ~ day of  , A.D2004 ~ o, o..~, cx.~ co~, e~, ~.~ ecorder of Deeds U.S. Bank National Association, as Trustee In The Court of Common Pleas of Under the Pooling and Servicing Agreement Cumberland County, Pennsylvania Dated as of October 1, 2002, et al Writ No. 2003-5979 Civil Term VS Bonnie L. Wemi and Frank A. Sears, Sr. Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on February 17, 2004 at 5:25 o'clock PM, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Bonnie L. Wemi and Frank A. Sears, Sr., by making known unto Frank Sears, personally and as adult in charge, at 4708 East Tr/ndle Road, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Cpl. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 06, 2004 at 6:00 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 Bonnie L. Werni and Frank A. Sears, Sr. located at 4708 East Trindle Road, Mechanicsburg, 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: Bonnie L. Wemi and Frank A. Sears, Sr. by regular mail to their last known address of 4708 East Trindle Road, Mechanicsburg, PA 17055. These letters were mailed under the date of April 06, 2004 and never returned to the Sheriff's 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 June 9, 2004 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Frank Federman for U.S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement, Dated as of October 1, 2002, Among Credit-Based Asset Servicing and Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP and U.S. Bank National Association, PPT Asset-Backed Certificates, Series 2002-1, Without Recourse. It being the highest bid and best price received for the same, U.S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement, Dated as of October 1, 2002, Among Credit-Based Asset Servicing and Securitization LLC, PPT ABS LLC, Litton Loan Servicing LP and U.S. Bank National Association, PPT Asset-Backed Certificates, Series 2002-1, Without Recourse of 4828 Loop Central Drive, Houston, TX 77081-2226 being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $844.31. Sheriff's Costs: Docketing $30.00 Poundage 16.56 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Mileage 17.94 Levy 15.00 Surcharge 30.00 Law Journal 279.35 Patriot News 290.20 Share of Bills 29.26 Distribution of Proceeds 25.00 Sheriff's Deed 39.50 $ 844.31 Swom and subscribed to before me TLs 2004, A.D. day of Prothonotary So Answers: BY ~ Real Estatet~125eputy ' U.S. BANK NATIONAL ASSOCIATION, AS : TRUSTEE UNDER THE POOLING AND : SERVICING AGREEMENT DATED AS OF : OCTOBER 1, 2002, AMONG CREDIT-BASeD : ASSET SERVICING AND SECURITIZATION : LLC, PPT ABS LLC, LITTON LOAN SERVICING : LP AND U.S. BANK NATIONAL ASSOCIATION, : PBT ASSET-BACKED CERTIFICATES, SERIES : 2002-1 : Plaintiff, BONNIE L. WERNI FRANK A. SEARS, SR. Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DMSION NO. 03-5979 C.T. AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) U.S. BANK NATIONAL AssoCIATION~ AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF OCTOBER 1~ 2002~ AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC~ PPT ABS LLC~ LITTON LOAN SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION~ PBT ASSET-BACKED CERTIFICATES~ SERIES 2002-1, Plaintiff in the above action, by its attorney, FRANK FEDERMAN, ESQUIRE, sets forth as of the date the Praecipe for the Writ &Execution was filed the following information concerning the real property located at, 4708 EAST TRINDLE ROAD~ MECHANICSBURG~ PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BONNIE L. WERNI FRANK A. SEARS, SR. 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 4708 EAT TRINDLE ROAD MECHANICSBURG, PA 17050 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: None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Nanle CITIFINANCIAL, INC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 6520 CARLISLE PIKE, SUITE 155 MECHANICSBURG, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are 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 unswom falsification to authorities. January 7, 2004 DATE FRANK FEDERMAN, ESQUIRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE : UNDER THE POOLING AND SERVICING : AGREEMENT DATED AS OF OCTOBER 1, 2002, : AMONG CREDIT-BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS LEC, EITTON LOAN SERVICING LP AND U.S. BANK NATIONAL : ASSOCIATION, PBT ASSET-BACKED : CERTIFICATES, SER/ES 2002-1 : Plaintiff, : BONNIE L. WERNI FRANK A. SEARS, SR. Defendant(s). CUMBERLAND COUNTY No. 03-5979 C.T. January 7, 2004 TO: BONNIE L. WERNI 4708 EAST TRINDLE ROAD MECHANICSBURG, PA 17050 FRANK A. SEARS, SR. 4708 EAT TRINDLE ROAD MECHANICSBURG, PA 17050 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS 1S NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LI.'.'.ENAGAINSTPROPERTE ** Your house (real estate) at ~ 4708 EAST TRINDLE ROAD~ MECHANICSBURG~ PA 17050. is scheduled to be sold at the Sheriffs Sale on JUNE 9~ 2004 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $118~203.66 obtained by U.S. BANK NATIONAL ASSOCIATION~ AS TRUSTEE UNDER THE POOLINC, AND SERVICING AGREEMENT DATED AS OF OCTOBER 1~ 2002~ AMONG CREDIT- BASED ASSET SERVICING AND SECURITIZATION LLC~ PPT ABS LLC~ LITTON LOA/~I SERVICING LP AND U.S. BANK NATIONAL ASSOCIATION~ PBT ASSET-BACKED CERTIFICATES~ SERIES 2002-1 (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 SA!.~ 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. 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 fights. 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 OTtlER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. I. 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 Shefiffgives 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 Shefiffwithin 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 hgme back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL THAT C.~P21'AIN 10t, ~tece or p~reel of ~o~d situ-~le in Hampden Town~hip, Cum~rland County, Pcnn~yh'a~a, boun~'d ~md described ~s follow~+ lo wit: BEGINNING al an im~ pM in the Son,em rigl~t-of-way line of lhc Trizdle Sp~ng ~ al t~ d~e~ zero (0) ~e~ ~aJ, cigh~ (80) f~ along ~aM dgM-of-way fine to ~ ~ pM; ~ S~ degro~8 fif~ tWO (52) m~vtes Wcsl, cigMy (80) ~ n]ong lands N/F off'Gcorgc E. S~weit~ ct~. to of ~g~mg. TITLE TO SAID PRE~MISES 1S VESTEE} IN Ftartk A. Sgars. Sc,, fl~le mm} ~ ~d from R~ord ~ 1t9 Page 192. TAX PARCEL #10-2:2-0~27-14g WRIT OF EXECUTION and/or ATTACHMENT COMMON'WEALTH OF PENNSYLVANIA) NO 03-5979 Civil COUNTY OF CUMBERLAND) . . CIVIL ACTION - LAW TO THE SHERIFF OF ~ COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF 10/1/02, AMONG CREDIT-BASED ASSET SERVICING, AND SECURIITIZATION LLC, PPT ASB LLC LITTON LOAN SERVICING LF AND U S BANK NATIONAL ASSOCIATION, PBT ASSET-BACKED CERTIFICATES, SERIES 2002-1 Plaintiff (s) From BONNIE L. WERNI ANS FRANK A. SEARS, SR. 4708 E. TRINDLE ROAD, MECHANICSBURG PA 17055. (1) You are directed to levy upon the property of the defendant (s)and to sell ~ REAL ESTATE LOCATED AT 4708 E. TRINDLE ROAD, MECHANICSBURG PA 17055 (SEE LEGAL DESCRIPTON). (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. AmountDue $118,203.66 L.L. $.50 Interest FROM 1/5/04 TO 6/9/04 ~ $19.45 per diem = $2,992.22 Due Prothy 1.00 Other Costs Atty's Corem % Atty Paid $134.97 Plaintiff Paid Date: JANUARY 9, 2004 (Seal) REQUESTING PARTY: Name FRANK FEDERMAN ESQ CURTIS R. LONG BY'(~)0'~X-~ ?~ty d~'~ Address: ONE PENN CENTER ~ SUBURBAN STATION 1617 JFK BLVD, SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 12248 Real Estate Sale #12 On February 13, 2004 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 4708 East Trindle Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2004 Real Estate ~eputy THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May16, 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 ~n~. '~tri <-. w 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/ Metre editions which appeared on the 27th day(s) of April and the 4th and 11th day(s) of May 2004. 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 .... k "M" the office for the Recording of Deeds in and for sa~d County__~of Dauphin ia M~scellaneous Boo , Volume 14, Page 317. ~~/~' REAL ESTATE ~ALE No. 1, ................................................... ~,-;... Wdtc~STamtNO. ~ , Sworn to and sub;c i~d before m,~28th day of~,~,,~ .. NOTARIAL SEAL . _ ~¥ ., · My cornm sson expres uune 6, 2006 Menlber. Pennsylv anln As $oci&fion Ol No~ arlss CUMBERLAND ~U~ SHERIFFS OFFICE CUMBERED ~U~ ~USE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 290.20 Publisher's Receipt for Advertising Cost Co., publisher of The Patriot-News and h nd P tri t-N , newspapers of general receipt of the aforesaid notice and publication costs and certifies that the same have PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of ail legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: APRIL 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice of advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. REAL ESTATE SALE NO. 12 Writ No. 2003-5979 Civil U.S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement Dated as of October 1, 2002. Among Credit- Based Asset Servicing and Securitization LLC, pPT AI~S LLC, Litton Loan Servicing LP and U.S, Bank National Association, PBT Asset~Backed Certificates, Series 2002-1 Bonnie L. Wern~ and Frank A. Sears, Sr. Atty.: Frank Federman ALL THAT CERTAIN lot, piece or parcel of ground situate in Hampden Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at an iron pin in the Southern right-of-way line of the Trindle Spring Road at the Northeast comer of lands N/F of Thomas C, and BetW J. Mitchell; thence North SWORN TO AND SUBSCRIBED before me this 30 day of APRIL 2004 SEAL LOIS E. SNYBER, Notary Public Carlisle Bom, Cumberland County My Commission Expires Mamh 5, 2005 U,S. Bank National Association, as Trustee Under the Pooling and Servicing Agreement Dated as of October 1, 2002, Among Credit- Eased Asset Servicing and Securitization LLC, pPT /kBS LLC, Litton Loan Servicing LP and U,S. Bank National Association, PET Asset-Backed Certificates, Series 2002-1 VS. Bonnie L. Werni and Frank A. Sears. Sr. Atty.: Frank Federman ALL THAT CERTAIN lot, piece or parcel of ground situate in Hampden Township, Cumberland County, pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at an iron pm in the Southern right-of-way line of the Trindle Spring Road at the Northeast corner of lands N/F of Thomas C, and Betty J, Mitchell; thence North sixty-eight {68) degrees zero (0) min- utes East, eighty (80) feet along said right-of-way line to an iron pin; thence South twenty-five (25) de- grees twenty-three {23) minutes East, one hundred fifty-one and seven tenths {151.7) feet along the lands N/F of Fredrick T. and Adeline E. Fox to an Iron pin; thence South sixty-eight {68) degrees fifty-two (52) minutes West, eighty (80) feet along lands N/F of George E. Schweitzer et al. to an iron pin; thence North twenty-five {25) degrees twenty- three {23) minutes West one hun- dred fifty and five tenths (150.5) feet along lands N/F of the said Thomas C. and Betty J. Mitchell. to the place of beginning. TITLE TO SAID PREMISES IS VESTED IN Frank A. Sears, Sr., sin- gle man by Deed from Ralph L. Boyle, Jr. and Diane M. Boyle, his wife, dated 2/28/1995 and re- corded 3/3/1995 in Record Book 119 Page 192. TAX pARCEL #10-22-0527-148. SWORN T£ 30