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HomeMy WebLinkAbout08-3683?iR e. IJt'C v1m0 S PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 152311 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET BACKED CERTIFICATES, SERIES 2005-9 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 03-3(o8,3 Oivl l -Fer t v. CUMBERLAND COUNTY ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055 VIRGINAL. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 152311 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 152311 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH File #: 152311 THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 152311 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055 VIRGINAL. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 who are the real owner(s) of the property hereinafter described. 3. On 07/11/2005 MARGARET B. YOUNG made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1914, Page 3522. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. File #: 152311 4. 5 6. 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 11/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $127,817.81 Interest $8,027.68 10/01/2007 through 06/18/2008 (Per Diem $30.64) Attorney's Fees $1,250.00 Cumulative Late Charges $204.56 07/11/2005 to 06/18/2008 Cost of Suit and Title Search 750.00 Subtotal $138,050.05 Escrow Credit ($353.20) Deficit $0.00 Subtotal 353.20 TOTAL $137,696.85 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a File #: 152311 separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. In the event that Act 91 of 1983 applies, the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 11. By virtue of the death of WALLACE W. YOUNG on 9/12/1994, MARGARET B. YOUNG became the sole owner of the mortgaged premises as surviving tenant by the entireties. 12. Mortgagor MARGARET B. YOUNG died on 1/26/2008, leaving a Will dated 11/12/1998. Letters of Testamentary were granted to JOANNE L. BRODLEY AND VIRGINIA L. CONKLIN on 2/19/2008 in Cumberland County, No. 21-08-0168. Decedent's surviving heirs at law and next-of-kin are JOANNE L BODLEY AND VIRGINIA L. CONKLIN. File #: 152311 13. Plaintiff does not hold the named Defendants, JOANNE L BODLEY AND VIRGINIA L. CONKLIN, personally liable on this cause of action and releases them from any personal liability. This action is being brought to foreclose their interest in the aforesaid real estate only. 14. Defendants, JOANNE L BODLEY AND VIRGINIA L. CONKLIN have been named in accordance with Pa R.C.P. 1144 (a) (2), in order to divest the equitable interests in the premises and have no personal liability for the debt secured by the mortgage. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $137,696.85, together with interest from 06/18/2008 at the rate of $30.64 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP qb By: ?6-u? , LA NCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE ,-JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 152311 LEGAL DESCRIPTION ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book T, Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17, 1965, in Plan Book 16, page 34. goq Rj(0-jvk fi 4je. load Rce? o a? (o o a- YS p -7y File #: 152311 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Attorney for Plaintiff 13' DATE: J '? a 0, w I .,;; CD V 1 CASE NO: 2008-03683 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS YOUNG MARGARET B ESTATE.OF RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YOUNG MARGARET B ESTATE OF JOANNE L BODLEY CO-EXECUTRIX the DEFENDANT , at 0015:12 HOURS, on the 23rd day of June , 2008 at 809 FLINTOLOCK RIDGE ROAD MECHANICSBURG, PA 17055 FRANCISCO TORRES by handing to SPOUSE OF JOANNE BODLEY a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 00 'J/b??b? ? 42.00 Sworn and Subscibed to before me this So Answers: Thomas Klin 06/24/2008 PHELAN HALLINAN & SCHMIEG By day Deputy Sheriff of A. D. r SHERIFF'S RETURN - REGULAR CASE NO: 2008-03683 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS YOUNG MARGARET B ESTATE OF RONALD E HOOVER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CONKLIN VIRGINA L CO-EXECUTRIX OF ESTATE OF MARGARET B YOUNG the DEFENDANT , at 0015:12 HOURS, on the 23rd day of June , 2008 at 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 T1TIT TT/"YT [1 /'?/1 mr?n nra c• by handing to SON IN LAW OF VIRGINIA CONKLIN 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?,D?'?tr ? 16.00 Sworn and Subscibed to before me this day So Answers: 01 ow??' "or Owe R. omas Kline 06/24/2008 PHELAN HALLINAN & SCHMIEG By. Deputy Sheriff of A. D. • PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2005-9 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, CIVIL DIVISION V. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGERET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 VIRGINA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 NO. 08-3683 CIVIL TERM 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 ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGERET B. YOUNG and VIRGINA L. CONKLIN. CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG, 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 06/19/2008 to 08/13/08 TOTAL $137,696.85 $1,715.84 $139,412.69 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. C DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ?-/n iaA?L P PRO 152311 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (?15) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff Vs. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY :NO. 08-3683 CIVIL TERM TO: JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTA YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 ?.. DATE OF NOTICE: JULY 25, 2608 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CC: SAMUEL L. ANDES, ESQUIRE SICA J. N TM, Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 561-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff Vs. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-3683 CIVIL TERM TO: VIRGINA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ES MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 DATE OF NOTICE: ITLY 25, 2008 v THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 CC: SAMUEL L. ANDES, ESQUIRE SSICA J. N L, Legal Assistant PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 - - (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2005-9 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, NO. 08-3683 CIVIL TERM V. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGERET B. YOUNG VIRGINA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGERET B. YOUNG is over 18 years of age and resides at 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919. (c) that defendant VIRGINA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG is over 18 years of age, and resides at, 240 SUSQUEHANNA AVENUE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff To. i w QQ n . 1 L. m (T3 CJ "'? ,f (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2005-9 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE . CIVIL DIVISION Plaintiff, NO. 08-3683 CIVIL TERM V. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGERET B. YOUNG VIRGINAL. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2a0 ,a IS By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURB ATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." -Pppp PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, No. 08-3683 CIVIL TERM V. ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 08/14/2008 - 12/10/2008 (per diem -$22.92) Add'1 Costs TOTAL $139,412.69 $2,727.48 and Costs $142,140.17 DANIEL G. SCHMIEG, ESQTJI" One Penn Center at Suburban 534ion 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 152311 W 0 H ? d ? w o x ? H O W a, d W ? A Q A i O IPA ?o ° a Savo ?H5 ?;; na o va o A o 0 00 o?dw ??? ?? v o? ° v W in, o W 0 6' ON 1.4 CrN .n 0 r d a a ?a d WO ?W d? d d ? a Z ?o tic. d N C-3 ?1 T , Of'w BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3683 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919. 1. Name and address of Owner(s) or reputed Name ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Owner(s): Last Known Address (if address cannot be reasonably ascertained, please indicate) 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 VIRGINIA L. CONKLIN, CO- 240 SUSQUEHANNA AVENUE EXECUTRIX AND DEVISEE OF THE ENOLA, PA 17025 ESTATE OF MARGARET B. YOUNG 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 Citizens Bank of Pennsylvania Last Known Address (if address cannot be reasonably ascertained, please indicate) Citizens Bank of Pennsylvania C/o Paul David Burke 100 Sockanosset Crossroads Cranston, RI, 02920 Sherrard, German & Kelly, P.C. 28th Fl, Two PNC Plaza Pittsburgh, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. ckn?-Q August 28, 2008 J . rb-4JR, DATE DANIEL G: SCHMIEG, ESQ Attorney for Plaintiff f'3 :0 rr, ^ 0 r i 'zi ?J PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. CUMBERLAND COUNTY ASSET-BACKED CERTIFICATES, SERIES COURT OF COMMON PLEAS 2005-9 , Plaintiff, V. ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). CIVIL DIVISION NO. 08-3683 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 0" .y DANIEL G. SCHMIEG, ES(qNRE Attorney for Plaintiff ?--:? ?-; • i:? . ?? C-- ? ? r? r??, ` C.. G??? i'i1 -""t{S1 ?`a? x ? -', C.? . ?? Jf ?:. ?-? r- [.Yi N T BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). CUMBERLAND COUNTY No. 08-3683 CIVIL TERM August 28, 2008 TO: ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 VIRGINIA L. CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919, is scheduled to be sold at the Sheriffs Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,412.69 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 r " LEGAL DESCRIPTION ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book 'J', Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17, 1965, in Plan Book 16, page 34. BEING THE SAME PREMISES VESTED by Warranty Deed, dated 04/17/1969, given by Wayne R. Boyd and R. Louise Boyd, his wife to Wallace W. Young and Margaret B. Young, his wife and recorded 4/22/1965 in Book 021 Page 266 PREMISES BEING: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 PARCEL NO. 42-26-0245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3683 Civil CIVIL ACTION LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9, Plaintiff (s) From ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG, VIRGINIA L. CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,412.69 L.L. $.50 Interest FROM 8/14/08 -12/10/08 (PER DIEM - $22.92) - $2,727.48 AND COSTS Atty's Comm % Atty Paid $177.00 Plaintiff Paid Date: AUGUST 29, 2008 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs LcyuLy AFFIDAVIT OF SERVICE BANK OF NEW YORK AS TRUSTEE FOR THE PLAINTI CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 DEFENDANT(S) ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG & VIRGINIA L. CONKLIN, CO_ EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG SERVE OF MARGARETNB YOUNG AT:?X AND DEVISEE OF THE ESTATE 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 CUMBERLAND COUNTY , No. 08-3683 CPM TERM ACCT. #152311 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 SERVED yl Q.?? N I A L N K d, Defendant, on the ,?-day of pTF-rat Q Served and made known to ?1VO L 6a o,clock -.m., at 940 5Lt$QU>_F}{-NHA ? vEtiv? I _ 2005, at ?L.----, Commonwealth of Pennsylvania, in the manner described below: n Defendant personally served. RIe1?A•Rb & PaN -Adult family member with whom Defendant(s) reside(s). Name and Relationship is - Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which office ants) r pia es). business. Agent or person in charge of Defendant(s) an officer of said Defendant(s)'s company. Other: S Height Weight I'M Race " Sex M Other Description: Age ??. . a competent adult, being duly sworn according to law, depose and state that I of Sheriff s Sale in the manner as set forth herein, issued in the per a true and correct copy of the Notice sonally handed captioned case on the date and at the address indicated above. th sub/'/t \ e ' 6 200 . !th to and nl-dw By: EA E ATTE SERVICE, AT LEAST A3 TIMES. MINDICATE DATES & TIMES OF SERVICE NOT SERVED 200_, at o' clock _..m., Defendant NOT FOUND because: W e ? ? lA E. NA?nown No Answer Vacant -Cow Exp'11WJune 16, 2013 d Time: 1s` Attempt: / /Time: 2" Attempt: 3rd Attempt: Time:, Sworn to and subscribed before me this day of _ __----> 200: By: Notary: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 1AV_<80° Zi 11 t C') +v C ° 0 r-n?s y C,'1 AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 DEFENDANT(S) ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG & VIRGINIA L. CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG SERVE ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG AT: 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 170554919 SERVED CUMBERLAND COUNTY No. 08-3683 CIVIL TERM ACCT. #152311 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 Served and made known to ANN 801DLF- I , Defendant, on the day ofA ?R 200$, at :7-$ o'clock A-m., at 2V? FL16TLdC9 RIDGn t D, M&E160IGSQdRG- Commonwealth of Pennsylvania, in the manner described below: _V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age 46's Height ,.?+ Weight 180 Race W Sex F Other I, _RoN41-D A10 LL , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. to and :r -044f, _?, 200 By: ?67 lt4q MES. ATTEN E13)CE AT LEAST 3 TINOT SERVED INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Oahe day of , 200, at o'clock _.m., Defendant NOT FOUND because: Moved Malty "M own No Answer Vacant sub 19t A*mp0TRxPA ENE J"W "ftj Time: 2 °d Attempt• Time: M Jurw 16, U13 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 C.I )-jo d - QQ ?? GJ -71 rr, m Bank of New York as Trustee VS Estate of Margaret B. Young, et al In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3683 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 3.19 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 2.00 Levy 15.00 Mileage 37.00 Surcharge 30.00 Share of Bills 14.92 $162.61 ? So Answers: R. Thomas Kline, Sheriff BY Real Estate S rgeant iD f rc' f or `?' ?'w F w 5U elL 4(.311 a, j??1 111- BANK OF NEW YORK AS TRUSTEE FOR THE CE TT IF'ICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3683 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,809 FLINTLOCK RIDGE ROAD. MECHANICSBURG, PA 170554919. 1. Name and address of Owner(s) or reputed Name ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF Owner(s): Last Known Address (if address cannot be reasonably ascertained, please indicate) 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 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 Citizens Bank of Pennsylvania Last Known Address (if address cannot be reasonably ascertained, please indicate) 100 Sockanosset Crossroads Cranston, RI, 02920 Citizens Bank of Pennsylvania Sherrard, German & Kelly, P.C. C/o Paul David Burke 28th Fl, Two PNC Plaza Pittsburgh, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program reasonably ascertained, please indicate) 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. August 28, 2008 ' Sd??"Q DATE DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff, V. ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s). CUMBERLAND COUNTY No. 08-3683 CIVIL TERM August 28, 2008 TO: ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 VIRGINIA L. CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBTAND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY" Your house (real estate) at, 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 170554919, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $139,412.69 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 (the mortgagee) against you. In the event the sale is, continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION , v ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book 'J', Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17, 1965, in Plan Book 16, page 34. BEING THE SAME PREMISES VESTED by Warranty Deed, dated 04/17/1969, given by Wayne R. Boyd and R. Louise Boyd, his wife to Wallace W. Young and Margaret B. Young, his wife and recorded 4/22/1965 in Book 021 Page 266 PREMISES BEING: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 PARCEL NO. 42-26-0245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-3683 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9, Plaintiff (s) From ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG, VIRGINIA L. CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,412.69 L.L. $.50 Interest FROM 8/14/08 -12/10/08 (PER DIEM - $22.92) -$2,727.48 AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $177.00 Other Costs Plaintiff Paid Date: AUGUST 29, 2008 (Seal) LGputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale #77 On September 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 809 Flintlock Ridge Road, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 8, 2008 By: A Jn ?10C& Real Estate Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. 1784 ICOMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : 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 at 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 Januwy 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: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegation in the foregoing statements as to time, place and character of publication are true. SWORN'TO AND SUBSgRIBED before me this _ 14 day of November. 2008 _ Notary OTARiAL SEAT. RAH A COLLINS otary PubliC CARLISLE BO , CUMBERLAND COUNTY DEIlcc My Commi n E xpires Apr 28. 2010 RNA L NWAYZ IkALZ NO. 77 Writ No. 2008-3683 Civil Bank of New York as Trustee for the Certificateholders of CWABS Inc. Asset Backed Certificates, Series 2005-9 VS. Estate of Margaret B. Young, Joanne L. Bodley, Co-Executrix and Devisee of the Estate of Margaret B. Young and Virginia L. Conklin, Co- Executrix and Devisee of the Estate of Margaret B. Young Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain tract of land, situated in Upper Allen To , Cumberland County, FftuW , more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place_of beginning. TOGETHER with a right-of-way over that certain tract of land begin- ning at a post on the northern side of the public road leading from the Get- tysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book `J', Vol. 21, Page 125, to Earl C. Hower and Clar- ence M. Detweiler. Being Lot No. on the Plan of Lots of Wayne R. Boyd recorded in the office of the said Recorder of Deeds on April 17, 1965, in Plan Book 16, page 34. BEING THE SAME PREMISES VESTED by Warranty Deed, dated 04/ 17/ 1969, given by Wayne R. Boyd and R. Louise Boyd, his wife to Wallace W. Young and marVret B. Young, his wife and recorded 4 / 22 / 1965 in Book 021 Page 266. PREMISES BEING: 809 FLINT- LOCK RIDGE ROAD, MECHANICS- BURG, PA 17055-4919. PARCEL NO. 42-26-0245. AFFIDAVIT OF SERVICE PLAIN'T'IFF CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED PHS # 152311 CERTIFICATES, SERIES 2005-9 DEFENDANT SERVICE TEAM/ lxh s JOANNE L. BODLEY COURT NO.: 08-3683 CIVIL TF VIRGINIA L. CONKLIN :LM Lr3 r` SERVE JOANNE L. BODLEY AT: TYPE OF ACTION D 103 TINBUR LANE XX Notice of Sheriff's Sale r-= SHIPPENSBURG, PA 17055 SALE DATE: 09/07/2011 =p SERVED x> Served and made known to JOANNE L. BODLEY , Defendanon the 2?day of u N>r 20 t uo o'clock _P. M., at 103-TIM8Fa2 LNtS?F1??El,?sR?tcc .?A to the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: t. b tD Description: Age 46 S Height 5:4 " Weight I TJ Race W Sex P Other I, R,6944 -D M O L.L , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. 06Y1AfeT S?rmal 04 6 OF S. g . DATE: 6 ?? I I NAME: 7z PRINTED NAME: P6 NkLno kb U- TITLE: Pp, cks ZAa. V 02. NOT SERVED On the day of , 20_, at _ o'clock _. M., Defendant NOT FOUND because: Vacant _ Does Not Exist Moved Does Not Reside (Not Vac t) No Answer on at , _ Service Refused - an Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenne R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 70 nti Oc ' -1 t` PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTInCATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 DEFENDANT JOANNE L. BODLEY VIRGINIA L. CONKLIN SERVE VIRGINIA L. CONKLIN AT: 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 PHS # 152311;-art v7: SERVICE TEAM/ lxh - COURT NO.: 08-3683 CIVIL TER O 1> O TYPE OF ACTION A' XX Notice of Sheriff's Sale --; SALE DATE: 09/07/2011 " r--1 C= G'> C? C? Ep Vi SERVED Served and made known to VIRGINIA I.. CONKLIN , Defendant on the f day of &jE 20 L- at 36 , o'clock,. M., at 24o S U 14100 0 in the manner described below: ? Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _ Other: Description: Age Height = Weight 170 Race I) Sex 1: Other Mb !.L- , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: I Q / t r NAME: PRINTED NAME: PI& AIA.. -? t "td L ?- TITLE: *5 NOT SERVED On the , day of , 2C L_, at - o'clock _. M., Defendant NOT FOUND because: _ Vacant _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua L Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County v. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants RULE No.: 08-3683 CIVIL TERM C c `err -v 3 ° b? a n o` -n Z,,2 ?° .... x orn ? cn -< AND NOW, this 2. Y' day of 1-' 2011, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff s Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT 152311 Allison F. Wells, Esq., Id. No.309519 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 / SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 152311 152311 114 Phelan Hallman & Schmieg, LLP Allison F. Wells, Esq., Id. No.30950I SEP -1 PH 9: 5()ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 CUMBERLAND COUNTY One Penn (enter Plaza PENNSYLVANIA Philadelphia. PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFIC.ATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Plaintiff vs. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 08-3683 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 24, 2011 Rule directing the Defendants to show cause as to why Plaintiffs Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. SAMUEL L. ANDES, ESQUIRE 525 NORTH TWELFTH STREET P.O. BOX 168 L,EMOYNE. PA 17043 DATE: / Allison F. Wells, Esquire Attorney for Plaintiff eg, LLP 152311 Y .f '1 SEA 27 P 2: ERLitk14U C0UN-1 REF f4SYLVAt IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Civil Division Plaintiff CUMBERLAND County vs. ESTATE OF MARGARET B. YOUNG : JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants ORDER No.: 08-3683 CIVIL TERM AND NOW, this &V day of Tt?I' - , 2011, upon consideration of Plaintiffs Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendants shall be and is hereby made absolute and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc as follows: Principal Balance Interest Through September 7, 2011 Per Diem $30.64 Late Charges $127,817.81 $44,005.70 $204.56 152311 .A Legal fees $2,625.00 Cost of Suit and Title $2,815.00 Sheriffs Sale Costs $692.90 Property Inspections $12,018.42 Suspense/Misc. Credits ($149.00) Escrow Deficit $16,604.77 TOTAL $206,635.16 Plus interest from September 7, 2011 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY TH OURT: A/ J. 000, M 'es o%muel L - Aides mo'?Ud 9 /aelk 152311 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Bank of New York vs. Margaret B Young (et al.) v , ,,r of crutlbrt11110 9it'7 FT-3 IT 4FlJ'py`'i7(?' PEl4d4?'s Y ?, 11 V Up? v A n Case Number 2008-3683 SHERIFF'S RETURN OF SERVICE 06/2712011 08:46 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 809 Flintlock Ridge Road, Mechanicsburg, PA 17055, Cumberland County. 06/30/2011 06:20 PM - Deputy Dennis Fry, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Richard Conklin Husband, who accepted as "Adult Person in Charge" for Virginia L Conklin at 240 Susquehanna Avenue, Enola, PA 17025, Cumberland County. 07/2912011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Joanne L. Bodley„ but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 809 Flintlock Ridge Road, Mechanicsburg, PA 17055, defendant moved, did not leave a forwarding address with post office. 09/07/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 11/2/2011 10/31/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/4/2012 01/04/2012 Ronny R. Anderson, Sheriff, 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 Cumberland County Courthouse, One Courthouse Square, Carlisle, Cumberland County, Pennsylvania or January 4, 2012 at 10:00 am. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-9 at 7105 Corporate Drive, Plano, TX 75024. The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-9, being the buyer in this execution, paid to the Sheriff the sum of $899.68. 01/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $899.68 SO ANSWERS, January 13, 2012 RON R ANDERSON, SHERIFF '),c . 3 SZ? Cnu^?ySuite S:^:E:?ifl?, ir,??osufC Inc. ? ^? ?? BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SFRIES 2005-9 Plaintiff ` V. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 08-3683 CIVIL TERM CUMBERLAND COUNTY PHS # 152311 AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ESTATE OF MARGARET B. YOUNG JOANNE 809 FLINTLOCK RIDGE ROAD L. BODLEY, CO-EXECUTRIX AND DEVISEE MECHANICSBURG, PA 17055-4919 OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX 240 SUSQUEHANNA AVENUE AND DEVISEE OF THE ESTATE OF ENOLA, PA 17025 MARGARET B. YOUNG 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 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 Address (if address cannot be reasonably ascertained, please indicate) CITIZENS BANK OF PENNSYLVANIA 100 SOCKANOSSET CROSSROADS CRANSTON, RI 02920 CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE, ESQUIRE CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE, ESQUIRE 28' FLOOR, TWO PNC PLAZA PITTSBURGH, PA 15222 620 LIBERTY AVENUE, 28TH FLOOR PITTSBURGH, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE C/O LOUIS FAZCKAS MECHANICSBURG, PA 17055 TOWNSHIP MANAGER 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 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 Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program SAMUEL L. ANDES,&5vvSrc P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 6'h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 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.A. § 4904 relating to unsworn falsification to authorities. Date: Lawrence T. Phelan, Esq., Id. No. 32227 Lj Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtena R. Dunn, Esq., Id. No. 206779 ? AzJrCVV-C-. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney For Plaintiff Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 CIVIL DIVISION Plaintiff NO.: 08-3683 CIVIL TERM VS. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ESTATE OF MARGARET B. YOUNG JOANNE L. VIRGINIA L. CONKLIN, CO-EXECUTRIX AND BODLEY, CO-EXECUTRIX AND DEVISEE OF THE DEVISEE OF THE ESTATE OF ESTATE OF MARGARET B. YOUNG MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD 240 SUSQUEHANNA AVENUE MECHANICSBURG, PA 17055-4919 ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 170554919 is scheduled to be sold at the Sheriffs Sale on 09/07/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $139,412.69 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled 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 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is riot 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 215-563-7000. 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 proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. 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 filing of the proposed schedule. 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 BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-3683 CIVIL TERM BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 vs. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 Parcel No. 42-26-0245 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $139,412.69 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with a right-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book T, Vol. 21, Page 125, to Earl C. Hower and Clarence M. Detweiler. TITLE TO SAID PREMISES VESTED IN Wallace W. Young and Margaret B. Young by deed from Wayne R. Boyd and R. Louise Boyd, his wife, dated 04/17/1965 and recorded 04/22/1965 in book 21, page 266. By virtue of the death of Wallace W. Young on 9/12/1994, Margaret B. Young became sole owner of the mortgage premises as surviving tenant by the entireties. Mortgagor Margaret B. Young died on 1/26/2008, leaving a Will dated 11/12/1998. Letters of Testamentary were granted to Joanne L. Brodley and Virginia L. Conklin on 2/19/2008 in Cumberland County, No. 21-08-0168. Decedent's surviving heirs at law and next-of-kin are Joanne L. Brodley and Virginia L. Conklin. PREMISES BEING: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 PARCEL NO. 42-26-0245 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3683 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, as Trustee for THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Plaintiff (s) From ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $139,412.69 L. L. Interest from 8/14/08 to Date of Sale ($22.92 per diem) -- $25, 670.40 Atty's Comm % Arty Paid $361.11 Plaintiff Paid Date: 5/17/11 (Seal) REQUESTING PARTY: Name: ALLISON F. WELLS, ESQUIRE Due Prothy $2.00 Other Costs David D uell, Proth ota By: Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD., SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 309519 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and they seal of said Court at Carlisle, Pa. This .._.c;" of ZO L e b;a K. ? CUMBERLAND LAW JOURNAL Writ No. 3008-3683 Civil Bank of New York VS. Estate of Margaret B. Young Virginia L. Conklin Co-Executrix and Devisee of the Estate of Margaret B. Young Joanne L. Bodley Co-Executrix and Devisee of the Estate of Margaret B. Young Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 08-3683 CIVIL TERM, BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFI- CATES, SERIES 2005-9 vs. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG, VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DE- VISEE OF THE ESTATE OF MARGA- RET B. YOUNG, owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919. Parcel No. 42-26-0245. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $139,412- .69. 74 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 15, July 22 and July 29, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r isa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 29 day of Jul 2011 GAL ° /! Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public [CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. .2D20 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14 f Patriot News Now you know CARLISLE PA 17013 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 Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she 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 she 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 This ad ran on the date(s) shown below: 07/15/11 07/22/11 07/29/11 August, 2011 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seat Sherrie L KlSner, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member. Pertns?1v2n:3 -Assorlation of NotariPS AS-3683 CMI Teffm Bank of New York vs Estate of iarpM B YowV VIrAonla L Conklin Co•Eawcut t and DeAwe of Un tuft of Joanne LBodley Co4bwutrix and Devla w of the tfatab of Margaret B. ymv Atty. Danlel Schmlep By virtue of a Writ of Execution NO. 08- 3693 CIVIL TERM BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET BACKED CERTIFICATES, SERIFS 2005-9 VS. ESTATE OF MARGARET B. YOUNG JOANNE L BODLEY, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG owner(s) of property situate in UPPER ALLEN TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 170554919 Parcel No. 42-26.0245 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT' $139,412.69 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWABS Inc. Asset-Backed Certificates, Series 2005-9 is the grantee the same having been sold to said grantee on the 4 day of Januar A.D., 2012, under and by virtue of a writ Execution issued on the 14 day of May, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3683, at the suit of Bank of New york as Trustee for the Certificateholders CWABS Inc. Asset-Backed Certificates, Series 2005-9 against Estate of Margaret B. Young, Co-Extrixs is duly recorded as Instrument Number 201203169. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this / day of ANA .. 0 1 C C Worder of Deeds p?aonl?r Qnbe?rd CoutA Caff^ PA 1b CpnaiMbn 6?Y? b Ftd Mm* d JuL 2M4 O?X_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Plaintiff vs. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant Civil Division No.: 08-3683 CIVIL TERM . ry ORDER AND NOW, this (00 day of !qu^%A- , 2012, upon consideration of Plaintiffs Motion to Set Aside Execution and Sheriffs Sale Pursuant to Pa.R.C.P. 3183, Strike Sheriffs Deed, Vacate Judgment and Discontinue and End Action, and any response thereto, it is hereby ORDERED and DECREED that: 1. The Execution and January 4, 2012 Sheriffs sale of the property located 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919, Commonwealth of Pennsylvania, Property Identification Number 42-26-0245, is hereby set aside and void; 2. The Sheriffs Deed recorded on February 1, 2012 in the Office of the Recorder of Deeds of CUMBERLAND County at Instrument Number 201203169 is hereby stricken; I Plaintiffs in rem judgment entered against Defendant(s) is hereby vacated without prejudice; 4. Plaintiffs Complaint filed on June 20, 2008, is hereby marked discontinued and ended, without prejudice; and 5. The Recorder of Deeds of CUMBERLAND County is hereby directed to record a certified copy of this Order. J. /ry ? CC: ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEYP/ / CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG /VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG r., } ESTATE OF MARGARET B. YOUNG C/O SAMUEL L. ANDES, Esq. C- ` V CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE, ESQUIRE ? UPPER ALLEN TOWNSHIP r- -- ? UPPER ALLEN TOWNSHIP C/O LOUIS FAZCKAS ;Commonwealth of Pennsylvania , Bureau of Individual Tax, Inheritance Tax Division = f ` pC Department of Public Welfare, TPL Casualty Unit, Estate Recovery Program_ u's e" All?soH LJe//s eor; Ps ?wz . l>o? !?`l??ia Phelan Hallinan &Schmieg, LLP By: Melissa J. Cantwell, Esquire Identification No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Plaintiff v. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants Attorney for Plaintiff ~ .~ - . . ~ ., - ..., ~.~:+; C~ __~ ~.,:, ~ °' " ~ . , P'~ , ~. Court of Common Pleas ~~ - Civil Division No.: 08-3683 CIVIL TERM CUMBERLAND County MOTION TO STRIKE COURT ORDER AND NOW COMES Plaintiff, by and through its counsel, Phelan Hallinan &Schmieg, LLP and hereby requests that this Honorable Court enter an Order to Strike Order setting aside execution and Sheriff s sale of the property located at 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919, Commonwealth of Pennsylvania, being Property Identification Number 42-26-0245-074, striking the Sheriff s Deed recorded in the Office of the Recorder of Deeds of Cumberland County on February 1, 2012 at Instrument Number 201203169, vacating Plaintiff s judgment, and discontinuing and ending the above referenced action without prejudice, and in support thereof avers the following: 1. Plaintiff initiated the instant action in mortgage foreclosure on June 20, 2008 due to a default under the terms of the mortgage. 2. An in rem Judgment in the amount of $139,412.69 was entered on or about August 15, 2008. By Court Order dated September 27, 2011, said judgment was amended to the amount of $206,635.16. Pursuant to a Writ of Execution, the mortgaged property was listed for the January 4, 2012 Sheriff s sale. 3. The property was exposed to Sheriff s sale, and the Plaintiff was the successful bidder on the property. 4. Title to the property was thereafter conveyed to THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDER CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 by virtue of Sheriff s Deed dated January 17, 2012 and recorded on February 1, 2012 in the Office of the Recorder of Deeds of Cumberland County at Instrument Number 201203169. Attached hereto, made part hereof, and marked as Exhibit "A" is a true and correct copy of the Sheriff s Deed. 5. Plaintiff had requested this Honorable Court to rescind the Sheriffs Sale, strike the Sheriffs Deed, vacate judgment, and discontinue and end the foreclosure action without prejudice as a result of a recent decision by the Superior Court of Pennsylvania in the matter of Beneficial Consumer Discount Company v. Vukmam, 2012 Pa. Super. 18, No 259 WDA 2011 (Pa. Super. Ct. 2012) (Vukmam) which matter involved the requisite notices to a borrower under 35 P.S. §§ 1680.401c et seg (Act 91). 6. On June 6, 2012, this Honorable Court entered an Order striking the Sheriffs sale, striking the Sheriff's Deed, vacating the judgment and discontinuing and ending the foreclosure without prejudice. Attached hereto, made a part hereof and marked as Exhibit "B" is a true and correct copy of said Order. 7. On June 22, 2012, Governor Corbett signed into law Act 70 which, in applicable part, provided that a failure of a mortgagee to comply with the Act 91 notice requirement did not deprive the court of jurisdiction over the foreclosure action and did not impair the subsequent conveyance or other transfer of title of property through the foreclosure. Attached hereto, made a part hereof, and marked as Exhibit "C", is a true and correct copy of Act 70. 8. Under Act 70, the Defendant must affirmatively raise in the foreclosure action, prior to the delivery of the deed, defective notice. See Exhibit "C". 9. In the case, sub judicia, the sufficiency of the letter was not challenged. 10. Plaintiff filed the motion striking the action as a result of Vukmam, which itself was retroactively rendered moot by the enactment of Act 70. 11. As a result of the enactment of Act 70, it is appropriate for the Order of June 6, 2012, be stricken. 12. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Strike Order Setting Aside Execution and Sheriff's Sale Pursuant to Pa.R.C.P 3183, Striking Sheriffs Deed, Vacating Judgment, and Discontinuing and Ending Action and Order to the Defendant on November 5, 2012, and requested Defendants' Concurrence. Plaintiff did not receive a response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked Exhibit "D". WHEREFORE, Plaintiff respectfully requests the Order of June 6, 2012, be stricken and deemed null and void nunc pro tunc, and Plaintiff s Motion to Strike Order Setting Aside Execution and Sheriff s Sale Pursuant to Pa.R.C.P 3183, Striking Sheriff's Deed, Vacating Judgment, and Discontinuing and Ending Action be granted. Date: (( Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP BY: Me issa J. Cantwell, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Melissa J. Cantwell, Esquire Identification No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Plaintiff v. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants Attorney for Plaintiff Court of Common Pleas Civil Division No.: 08-3683 CIVIL TERM CUMBERLAND County MEMORANDUM OF LAW An in rem mortgage foreclosure was initiated and, following entry of judgment, the property was listed for Sheriff s sale and sold to the Plaintiff. Thereafter, title to the property was conveyed to THE BANK OF NEW YORK MELLON f/k/a THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 by virtue of a Sheriffs Deed recorded on February 1, 2012 in the Office of the Recorder of Deeds of CUMBERLAND County at Instrument Number 201203169. Following sale, an Order was entered setting aside the execution and Sheriff's Sale, striking the Sheriff's Deed, vacating judgment and discontinuing and ending the foreclosure action without prejudice. The defect, however, that led to the entry of the Order arose through Plaintiff's use of the uniform Act 91 notice provided by the Pennsylvania Housing Finance Agency (PHFA) for use between June 5, 1999 and September 8, 2008, and mandated by 35 P.S. §§ 1680.401c et seq (Act 91). A recent decision handed down by the Pennsylvania Superior Court in the matter of Beneficial Consumer Discount Company v. Vukmam, 2012 Pa. Super. 18, No 259 WDA 2011 (Pa. Super. Ct. 2012) (Vukmam) found a defect in the uniform PHFA notice, and as a result, led Plaintiff to move to strike Plaintiff's entire action. However, recent legislation has, in turn, nullified the Vukmam ruling making it now appropriate to vacate the Order striking the foreclosure. Pa.R.C.P. 3118, applicable to executions involving residential mortgage foreclosure pursuant to Pa.R.C.P. 3181(a)(4), provides this Honorable Court "broad discretion to provide relief in aid of execution". National Recover~ystems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, Rule 3118 provides that upon "...petition of the plaintiff...the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party of persons...(6) granting such other relief as may be deemed necessary and appropriate". Here, recently enacted legislation has now validated Plaintiff's action. WHEREFORE, Plaintiff respectfully requests the Order of June 6, 2012, be stricken and deemed null and void nunc pro tunc, and Plaintiff's Motion to Strike Order Setting Aside Execution and Sheriff's Sale Pursuant to Pa.R.C.P 3183, Striking Sheriff's Deed, Vacating Judgment, and Discontinuing and Ending Action be granted. Date: ( ~' Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP B Melissa J. Cantwell, Esquire Attorney for Plaintiff Phelan Hallinan & Schmieg, LLP By: Melissa J. Cantwell, Esquire Identification No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Plaintiff v. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants Attorney for Plaintiff Court of Common Pleas Civil Division No.: 08-3683 CIVIL TERM CUMBERLAND County CERTIFICATION OF SERVICE I, Melissa J. Cantwell, Esquire, hereby certify a true and correct copy of Plaintiff s Motion to Strike Order was served by first class mail on the following parties on the date indicated below: ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 CITIZENS BANK OF PENNSYLVANIA 100 SOCKANOSSET CROSSROADS CRANSTON, RI 02920 CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE, ESQUIRE 28T'-' FLOOR, TWO PNC PLAZA PITTSBURGH, PA 15222 CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE, ESQUIRE 620 LIBERTY AVENUE, 28T" FLOOR PITTSBURGH, PA 15222 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 UPPER ALLEN TOWNSHIP C/O LOUIS FAZCKAS TOWNSHIP MANAGER 100 GETTYSBURG PIKE MECHANICSBURG, PA 17055 ESTATE OF MARGARET B. YOUNG C/O SAMUEL L. ANDES, Esq. 525 NORTH TWELFTH STREET P.O. BOX 168 LEMOYNE, PA 17043 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6`h Floor, Strawberry Sq., Dept 280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 Dated: .~ B• Melissa J. Cantwell, Esquire Attorney for Plaintiff EXHIBIT A Phelan Hallinan & Schmieg, LLP Case System Page 1 of 1 ~. _ ___. ~..~__,._~_.M.. _._.. Phelan Hallinan & Schmieg, LLP 1617 ]FK Boulevard, Suite 1400, One Penn Center Plaza, Philadelphia, PA 19103 Phone:215-563-7000 Fax:215-568-7616 Case Summary 02/10/2012 PHS #: 152311 Loan #: 109234491 Status: AS Property: 809 FLINTLOCK RIDGE ROAD MECHANICSBURG, PA 17055-4919 FC Defendants: YOUNG, MARGARET B. (DEC'D) BODLEY, JOANNE L. CONKLIN, VIRGINIA L. Primary Servicer: BANK OF AMERICA, N.A. (496) 7105 CORPORATE DRNE PLANO, TX 75024 Report To: BANK OF AMERICA, N.A. (496) Investor: Referred By: LPS DESKTOP (52) Mort. Type: CONVENTIONAL Court Term: Freddie Mac #: Fannie Mae #: FHA/VA #: Seller #: Writ Sale #: Report To #: PMI #: Township: UPPER ALLEN File Received: 03/28/2007 Follow-Up: On Hold: County: CUMBERLAND Complaint 08-3683 CIVIL TERM Docket #: Client Billed: 01/05/2012 Bill Amount: $0.00 Closed: PMI Name: http://icis/CaseSystem/casedata/caseTaskView.jsf 2/10/2012 :~~~ 00 JL9 Tax Parcel No. 42-26-0245-0'14 Know all Men by these Presents That I, Ronny R. Anderson, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $1.00 (One Dollar), to me in hand paid, do hereby grant and convey to The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-9. 2008-3683 Civil Term Bank of New York Vs Estate of Margaret B Young Virginia L Conklin Co-Executrix and Devisee of the Estate of Margaret B. Young Joanne L Bodley Co-Executrix and Devisee of the Estate of Margaret B. Young Atty: Daniel Schmieg ALL that certain tract of land, situated in Upper Allen Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point at the line of lands of the Miller Estate and at the northeast corner of a tract of land now owned by Earl C. Hower and Clarence M. Detweiler; thence along the line of lands of the said Miller Estate North 68 degrees 58 minutes East 128 feet to a point; thence along lands of Wayne R. Boyd and R. Louise Boyd, his wife, South 21 degrees 21 minutes East 165 feet, more or less, to a point in the center of a proposed street; thence by the center of said proposed street, South 68 degrees 39 minutes West 128 feet to a point at the lands of Earl C. Hower and Clarence M. Detweiler; thence by the same North 21 degrees 21 minutes West 166 feet more or less, to a point, the place of beginning. TOGETHER with aright-of-way over that certain tract of land beginning at a post on the northern side of the public road leading from the Gettysburg Pike to Lisburn, at corner of lands of J. Wendall Anderson; thence along said lands North 24 degrees 30 minutes West 300 feet to a point on the northern edge of the said public road 15 feet to a point the place of beginning. SUBJECT HOWEVER, to the restrictions as set forth in deed of Wayne R. Boyd and R. Louise Boyd, his wife, dated September 24, 1964, and recorded in the Recorder's Office aforesaid in Deed Book'J', Vol. 21-J, Page 125, to Earl C. Hower and Clarence M. Detweiler. TITLE TO SAID PREMISES VESTED IN Wallace W. Young and Margaret B. Young by deed from Wayne R. Boyd and R. Louise Boyd, his wife, dated 04/17/1965 and recorded 04/22/1965 in book 21-0, page 266. By virtue of the death of Wallace W. Young on 9/12/1994, Margaret 6. Young became sole owner of the mortgage premises as surviving tenant by the entireties. Mortgagor Margaret B. Young died on 1/26/2008, leaving a Will dated 11/12/1998, Letters of Testamenta~~y were granted to Joanne L. Brodley and Virginia L. Conklin on 2/19/2008 in Cumberland County, No. 21-08-0168. Decedent's surviving heirs at law and next-of-kin are Joanne L. Brodley and Virginia L. Conklin. PREMISES BEING: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919 PARCEL NO. 42-26-0245-074 The same having been sold by me to the said grantee on the 4th day of January, Arno Domini Two Thousand and Twelve (2012) after due advertisement according to law, under and by Virtue of a Writ of Execution issued on the 14`h of May Arno Domini 201.1. out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, Two Thousand and Eight (2008) Number 36$3 at the suit of Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2005-9 v Estate of Margaret B. Young, Joanne Godley, Co-Executrix and Devisee of the Estate of Margaret B. Young and Virginia L Conklin, Co-Executrix and Devisee of the Estate of Margaret B. Young. In Witness Whereof, I have hereunto affixed my signature this 17th day of January Arno Domini Two Thousand and Twelve (2012) ~ ~ ~- ~~ ~ ~ { :«~' ~iin R. Anderson, Sheriff ``°~~., Commonwealth of Pennsylvania, ss. County of Cumberland Before the undersigned, David D. Buell, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared Ronny R. Anderson, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set forth in the foregoing Deed are true, and that he acknowledged the same in order that Said deed might be recorded. Witness my hand and seal of said Court, this 17th day °f January Anno Domini Two Thousanc ~, s t I hereby certify that the residence And Post Office address of the Within Grantee is 7105 Corporate Drive Plano, TX 75024 ~f , ~~` Solicitor Prothonotary. Cumberland County, t~riisk, PA My Commission Expires the first Mo+~iay of fan. 2014 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201203169 Recorded On 2/1/2012 At 8:54:51 AM * Instrument Type -DEED-SHERIFF'S Invoice Number -101172 User ID - KW * Grantor -YOUNG, MARGARET B * Grantee - CWABS INC * Customer -SHERIFF * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEE5 - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 I~CHANICSBURG SCHOOL $0.00 DISTRICT UPPER ALLEN TOWNSHIP $0.00 TOTAL PAID $63.00 * Total Pages - 6 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ~ ° RECORDER OF 1)L~EDS trso " -Information denoted by an asterisk may change during the verification process and may not be reflected on this page. uiuuMii~ii~~ws IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 Plaintiff vs. ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendant Civil Division No.: 08-3683 CIVIL TERM •v ORDER AND NOW, this ~p ~ day of , 2012, upon consideration of Plaintiff's Motion to Set Aside Execution and Sheriffs Sale Pursuant to Pa.R.C.P. 3183, Strike Sheriffs Deed, Vacate Judgment and Discontinue and End Action, and any response thereto, it is hereby ORDERED and DECREED that: 1. The Execution and January 4, 2012 Sheriffs sale of the property located 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055-4919, Commonwealth of Pennsylvania, Property Identification Number 42-26-0245, is hereby set aside and void; 2. The Sheriffs Deed recorded on February 1, 2012 in the Office of the Recorder of Deeds of CUMBERLAND County at Instrument Number 201203169 is hereby stricken; 3. Plaintiffs in rem judgment entered against Defendant(s) is hereby vacated without prejudice; 4. Plaintiffs Complaint filed on June 20, 2008, is hereby marked discontinued and ended, without prejudice; and 5. The Recorder of Deeds of CUMBERLAND County is hereby directed to record a certified copy of this Order. ~~ r~ J. / CC: ESTATE OF MARGARET B. YOUNG JOANNE L, BODLEY~/ , C0.EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG y/VIRG[NIA L. CONKLIN, CO-EXECUTRIX AND DEY[SEE OF THE ESTATE OF MARGARET B. YOUNG `-~ ~, , ~/ ESTATE OF MARGARET B. YOUNG C/O SAMUEL L. ANDES, Esq. ~' ~- 'T7.~ r•.a `~ V CITIZENS BANK OF PENNSYLVANIA C!O PAUL DAVID BURKE, ESQUi}tE ~ ~ ~ ; r ~-i _ / UPPER ALLEN TOWNSHIP f ~' --' ~' `,~ UPPER ALLEN TOWNSHIP C/O LOUIS FAZCKAS r ~ :. _ _; ::~~ '~O r~-'~. ;/Commanweaith of Pennsylvania ,Bureau of Individual Tax, lnhcritanoe Tax Division :':: c7 "` _~~ N ~ , r/ Department of Public Welfare, TPL Casualty Unit, Estate Recovery ProBam ,.~ ~~ , ~ A IItSDH ~' t,~Je//s y' nn ~%' (.:o~~ PS ask! . I P~ (~/(y//a Page 1 LexisNexis 1 of 1 DOCUMENT PENNSYLVANIA ADVANCE LEGISLATIVE SERVICE Copyright ©2012 LexisNexis. All rights reserved. PENNSYLVANIA 196TH GENERAL ASSEMBLY -- 2011-12 REGULAR SESSION ACT NO. 70 SENATE BILL NO. 1433 2012 Pa. ALS 70; 2012 Pa. Laws 70; 2011 Pa. SB 1433 BILL TRACKING SUMMARY FOR THIS DOCUMENT SYNOPSIS: AN ACT Providing for the Homeowner Assistance Settlement Act; establishing a fund for the purpose of fimding the Homeowner's Emergency Mortgage Assistance Program; and providing for the effect of noncompliance with the notice requirements of the Homeowner's Emergency Mortgage Assistance Program and for allocations from the fund. To view the next section, type .np* TRANSMIT. To ~riew a specific section, transmit p* and the section number. e.g. p*1 The General Assembly of the Conunanwealth of Pemisylvania hereby enacts as follows: [* I] Section L Short title. This act shall be known and maybe cited as the Homeowner Assistance Settlement Act. [*2) Section 2. Definitions. The following words uld phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Fund." 1•he homeowner Assistance Settlement Fund established in section 3(a). "Homeowner Assistance Settlement Agreement." The settlement agreement and related documents entered into on Febnimy 9, 2012, by the Attorney General of the Commonwealth and the leading United States mortgage servicing companies. "Homeowner's Emergency Mortgage Assistance Program." The program administered by the Peimsylvauia Housing Finance Agency and established under Article IV-C of the act of December 3, 1959 (P.L.1688, No.621), 2012 Pa. ALS 70, *2; 2012 Pa. Laws 70; 2011 Pa. SB 1433 Page 2 known as the Housing Finance Agency Law. [*3] Section 3. Homeowner Assistance Settlement Fund. (a) Establishment.--There is established a special fund known as the Homeowner Assistance Settlement Fund. All payments received by the Commonwealth pursuant to the Homeowner Assistance Settlement Agreement shall be deposited by the Treasury Department into the fund and are hereby appropriated on a continuing basis. (b) Allocation offends.--The moneys in the fund shall be allocated each ftscal year rto later than July 1 until a[I settlement funds are expended, subject to the following limitations: (1) Ninety percent shall be allocated to the Pennsylvania Housing Finance Agency for the ptupose of funding the Homeowner's Emergency Mortgage Assistance Program. (2) Five percent shall be allocated to the Office of Attorney General for the purpose of funding housing consumer protection programs. (3) Five percent shall be allocated to the Access to Justice Account established under 42 Pa.C.S_ Section 4904 (relating to establishment of Access to Justice Account) for civil legal assistance related to housing issues. (c) Limitation on annual allocation.--The annual allocation of funds under subsection (b) shall not exceed $ 12,000,000 annually, except that in fiscal year 2012-2013 the amount shall not exceed $ 18,000,000. [*4] Section 4. Initial allocation. In addition to any allocation under section 3, the sum of $ 6,000,000 is hereby allocated from the fund for fiscal year 2012-2013 to the Pennsylvania Housing Finance Agency for the Homeowner's Emergency Mortgage Assistance Program. [*5] Section 5. Effect of noncompliance with notice requirements in the Homeowner's Emergency Mortgage Assistance Program. The following previsions shall apply relating to the Homeowner's Emergency Mortgage Assistance Program: (1) If there has been a failure to comply with the notice requirements of sections 402-C and 403-C of the act of December 3, 1959 (P.L.1688, No.621), known as the Housing Finance Agency Law, and such faituce has been properly raised in a legal action, including an action in foreclosure, for money due tinder the mortgage obligation or to take possession of the mortgagor's security, the cotrtt may dismiss the action without prejudice, order the service of a corrected notice during the action, impose a stay ou any action or impose other appropriate remedies in the action to address the interests, if any, of the mortgagor who has been prejudiced thereby. (2) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law must be raised in a legal action before the earlier of delivery of a sheriff s or marshal's deed in the foreclosure action or delivery of a deed by the mortgagor. (3) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law shall not deprive a court of jurisdiction over any legal action, including an action in foreclosure, tier money due under the mortgage obligation or to take possession of the mortgagor's security. (4) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law shall not impair the conveyance or other transfer of land and the title of property subject to a mortgage obligation covered under the Housing Finance Agency Law. 2012 Pa. ALS 70, *5; 2012 Pa. Laws 70; 2011 Pa. SB 1433 Page 3 [*6] Section 6. Severability. The provisions of this act shall be severable. If any provision shall be held to be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the retraining provisions shall not be affected or impaired thereby. [*7] Section 7. Applicability. The provisions of section 5 shall apply retroactively to June 5, 1999. [*8] Section 8. Effective date. Tltis act shall take effect inunediately. HISTORY: Approved by the Governor on June 22, 2012 SPONSOR: Gordner NOTES: SESSION OF 2011 ACT NO. 2012-70 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL NO. 1433 Exhibit C Page 1 LexisNexis 1 of 1 DOCUMENT PENNSYLVANIA ADVANCE LEGISLATIVE SERVICE Copyright ©2012 LexisNexis. All rights reserved. PENNSYLVANIA 196TH GENERAL ASSEMBLY -- 2011-12 REGULAR SESSION ACT NO. 70 SENATE BILL NO. 1433 2012 Pa. ALS 70; 2012 Pa. Laws 70; 2011 Pa. SB 1433 BILL TRACKING SUMMARY FOR THIS DOCUMENT SYNOPSIS: AN ACT Providing for the Homeowner Assistance Settlement Act; establishing a fund for the purpose of funding the Homeowner's Emergency Mortgage Assistance Program; and providing for the effect of noncompliance with the notice requirements of the Homeowner's Emergency Mortgage Assistance Program and for allocations from the fund. To view the next section, type .np* TRANSMIT. To view a specific section, transmit p* and the section number. e.g. p*1 The General Assembly of the Conunonwealth of Pemisylvania hereby enacts as follows: [* 1] Section 1. Short title. This act shall be known and may be cited as the Homeowner Assistance Settlement Act. [*2) Section 2. Definitions. The following words and phrases when used in this act shall have the meanings given to them ui this section unless the context clearly indicates otherwise: "Fund." The Homeowner Assistance Settlement Fund established in section 3{a). "Homeowner Assistance Settlement Agreement." The settlement agreement and related documents entered into on Febnrary 9, 2012, by the Attorney General of the Corrunonwealth and the leading United States mortgage servicing companies. "Homeowner's Emergency Mortgage Assistance Program." The program administered by the Permsylvania Housing Finance Agency and established under Article IV-C of the act of December 3, 1959 {P.L.1688, No.621), 2012 Pa. ALS 70, *2; 2012 Pa. Laws 70; 2011 Pa. SB 1433 Page 2 known as the Housing Finance Agency Law. [*3] Section 3. Homeowner Assistance Settlement Fund. (a) Establishment.--There is established a special fund known as the Homeowner Assistance Settlement Fund. All payments received by the Commonwealth pursuant to the Homeowner Assistance Settlement Agreement shall be deposited by the Treasury Department into the fund and are hereby appropriated on a continuing basis. (b) Allocation of funds.--The moneys in the fund shall be allocated each fiscal year no later than July 1 until all settlement funds are expended, subject to the following limitations: (1) Ninety percent shall be allocated to the Pennsylvania Housing Finance Agency for the propose of funding the Homeowner's Emergency Mortgage Assistance Program. (2) Five percent shall be allocated to the Office of Attorney General for the purpose of fimding housing consumer protection progratns. (3) Five percent shall be allocated to the Access to Justice Accotu-t established under 42 Pa.C.S. Section 4904 (relating to establishment of Access to Justice Account) for civil legal assistance related to Housing issues. (c) Limitation on annual allocation.--The annual allocation of funds under subsection (h) shall not exceed $ 12,000,000 annually, except that in fiscal year 2012-2013 the amount shall not exceed $ 18,000,000. [*4] Section 4. Initial allocation. In addition to any allocation under section 3, the sum of $ 6,000,000 is hereby allocated from the fluid for fiscal year 2012-2013 to the Pennsylvania Housing Finance Agency for the Homeowner's Emergency Mortgage Assistance Program. [*5] Section 5. Effect of noncompliance with notice requirements in the Homeowner's Emergency Mortgage Assistance Program. The following provisions shall apply teIating to the Homeowner's Emergency Mortgage Assistance Program: (1) If there has been a failure to comply with the notice requirements of sections 402-C and 403-C of the act of December 3, 1959 (P.L.1688, No.621), known as the Housing Finance Agency Law, and such failure has been properly raised in a legal action, including an action in foreclostu-e, for money due tinder the mortgage obligation or to take possession of the mortgagor's security, the cotu-t may dismiss the action without prejudice, order the service of a corrected notice during the action, impose a stay on any action or impose other appropriate remedies in the action to address the interests, if any, of the mortgagor who has been prejudiced thereby. (2) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law must be raised. in a legal action before the earlier of delivery of a sheriff s or marshal's deed in the foreclosure action or delivery of a deed by the mortgagor. (3) The failure of a mortgagee to comply with the requirements of sections 402-C and 403-C of the Housing Finance Agency Law shall not deprive a court of jurisdiction over any legal action, including an action in foreclosure, for money due under the mortgage obligation or to take possession of the mortgagor's security. (4) The failure of a mortgagee to comply with the requirements of sections 402-C' and 403-L of the Housing Finance Agency Law shall not impair the conveyance or other transfer of land and the title of property subject to a mortgage obligation covered under the Housing Finance Agency Law. 2012 Pa. ALS 70, *5; 2012 Pa. Laws 70; 2011 Pa. SB 1433 Page 3 [*6] Section 6. Severability. The provisions of this act shall be severable. If any provision shall be held to be invalid, illegal or otherwise unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. [*7] Section 7. Applicability. The provisions of secaion 5 shall apply retroactively to Tune 5, 1999. [*8] Section 8. Effective date. This act shall take effect immediately. HISTORY: Approved by the Governor on June 22, 2012 SPONSOR: Gordner NOTES: SESSION OF 2011 ACT NO. 2012-70 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL NO. 1433 PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215)563-7000 Fax (215) 563-3459 Ryan "1'. Butler, 1_egal Asst. Gxt. 1348 Representing Lenders in Pennsylvania and New ,lersey November 5, 2012 ESTATE OF MARGARE?"1' B. YOUNG JOANNE: L. BODLL;Y, CO-EXECUTRIX AND DI:VISEL' OF "!'HE ES"PATE OF MARGARET B, YOUNG 809 FLINTOCK RIDGE ROAD MECfiANICSBURG, PA 17055-4919 RE' BANK OF NEW YOKK AS TRUSTEE FUR TI-IE CERTIFICA"I'EI-IOLUf?KS CWABS, INC. ASSET- BACKEUCERTIFICATES, SERIES 2005-9 v. FSTATI: OF MARGARET B. YOUNG, JOANNE L,. BODLEY, CO-EXECL)'I'KIX AND DEVISF,F. OF "I'HE ES"I'A"I'E OF MARGARET B. YOUNG and VIRGINIA L. CUNKLIN, CO-EXECU'1'R1X AND DL;VIS[E OP "I'FiL: F,S'I'A`I'E OF MARGARET I3. YOUNG Premises Address: 809 FL.,INTL.,OCK RIDGE ROAD, MEC'HANICSBIJRG, Pr1 17055 CLIMBF.RL.AND County CCP, No. 08-3683 Civil 'T'erm Dear Defendants, Enclosed please find a true and correct copy of my proposed Plaintiff s Motion to Strike Order Setting Aside Execution and Sheriff's Sale Pursuant. to Pa.R.C.P 3183, Striking Sheriff s Deed, Vacating Judgment, and Discontinuing and Ending Action. I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by November 12, 2012 Should you have further questions or concerns, please do not hesitate to contact rne. Otherwise, please be guided accordingly. ~' '`~ ~°' Ryan T'. Butler f'or Melissa .I. Cantwell, Esquire Enclosure PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215} 563-7000 Fax (215) 563-3459 Ryan T. Butler, Legal Asst. Gxl. 1348 November 5, 2012 VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF TI-IE ESTA"i'E OF MARGARET I3. YOUNG 240 SUSQUEHANNA AVENUE ENOLA, PA 17025 Representing !,enders in Pennsylvania and New ,lersey RE: BANK OF NEW YORK AS TRUSTEE FOR 'I'Hf? CERTIFICA'I'13HOt.DERS CWABS, 1NC. ASSE'('- BACKED CERTIFICATES, SERIF..S 2005-9 v. ESTA"I'E OF MARGARET B. YOUNG, JOANNE L. I3ODL,EY, CO-EXECUTRIX AND DF,VISF.,E OF TI-IE ESTATE OF MARGARE'T' B. YOUNG and VIRGINIA L. CONKLIN, CO-EXECU"PRIX AND DEVISEE OF "I'HE ESTATE OF MARGARET B. YOUNG Premises Address: 809 FLINTLOCK RIDGE ROAD, MEC}-IAN1CSBtJRG, PA 17055 CUMBERLAND County CCP, No. 08-3683 Civil Term Dear Defendants, Enclosed please find a true and correct copy of my proposed Plaintiff's Motion to Strike Order Setting Aside Execution and Sheriff s Sale Pursuant to Pa.R.C.P 3183, Striking SheriCl's Deed, Vacating Judgment, and Discontinuing and Ending Action. 1 am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by November 12, 20I2 Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, .~-fit t' ~-~ . ~~ Ryan T, Butler for Melissa .I. Cantwell, Esquire F.,nclosure ~~a~~~ ~ ? LOZ S 00£' S ]P1109 0. ..a .~ o ~o v w~ ~FQ ~ ~ N M q V ~ Q p o?j~pW,. .~. Z~wa ;azQ o d~Va ~ =razes M zaeWO a~G.a ~ WrW,. ~ ., z o~.:°Oa a t ~ x W W w rx A Q°z °cc~w Z Q Q ~ V1 ao~~ diz woad u~ ~~Y.. ~, ~~pr.; 9SZLLZbiJ00 W L Z ,, ~ F~~y Q ~ n~wim c ' ~ j ~~t , ~ ~)~ Nl~ W~ °. 0 3 ~y. (~(~~ o zQQ F z °' ~ oC0$2t ~] o .. , ~ o ~a~m ~~b i~y~ s'} 1so ~ r , ' ~<owQ~ a : Zm~~a~a ~aw~~~o F a ~< V ¢ ~ ,-r „a<~ ~FkOmrFi, "' H ~za~F.aC~v~ " ~ ~c W~o e8 z 00 O~ $Z ~vm aX=a'"~~ a W Q d~GC .F; ~ ~Fm~~a W.~Q~Da~ Q~p~z ~ p Fp >GCV.aV~zC ~zaza ~~, F0~1 ` q~ y ~ O C az ~~ ~~' F z~~ zo ~o ~azzx~ Qu ¢„aooF~ae~,. U V ~~/] ~" ~ ~ oG aC ~ ~ ,~ 0 xQF F F a o-.~ ~ r iO; i~v J waZZd'FOF Q Q ~ _ Sz~~V$y~ W ~ O F..aao~o3 W w~ zai ~ ¢ o ~ Qw x Q p ~ ~ ¢ ~ ~ ?. > Q ~ Gi, z °~ ~'~- C~Ci ¢ ao ~ i a ~ O~ W ww Q? W Q 0 r~>~o ~ O~ owz i ~ E-~ ~ f- W ~ , ~ U ~ W ~~ a ~ ~ wQ w a Q> ¢ z i o e w ~~oc~ ~ ~ w ¢z~0 w¢ ~ ~Q~~~ zw~~ W XH ~G~ ox N ~. o W ~~u~p~ Uwx° ~ o~ Q O H ¢ O a ~ o U C7 Z wwo~~ W w `"wv~ mQ ~ ¢w~w~ C7>v~0 <~ ¢ ti Owow ~wd°.z F J z WUOoo~ >QcvW °z a W C * ~r * * * * +~ * ~r * * ~ ~r ~r * ° Fr ~ z m Qz W Z r N M d' ~ ~ r 00 ~ O ~ N M d' ~ ~~ -~ ~ F¢- U Q Gz7 a O Z F e. PHELAN HALLINAN & SCHMIEG One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Aftersale Telecopier (215) 563-3459 Email: Ryan.Butler(a~f~edphe.com Ryan T. Butler Extension 1348 November 13, 2012 Sent Via Federal Express Cumberland County Prothonotary's Office 1 Courthouse Square Suite 100 Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey RE: BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2005-9 v. ESTATE OF MARGARET B. YOUNG, JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG and VIRGINIA L. CONKLIN, CO- EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Premises Address: 809 FLINTLOCK RIDGE ROAD, MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 08-3683 Civil Term Dear Sir or Madam: Enclosed for filing and transmittal to the appropriate civil Judge please find Plaintiffs Motion to Strike Order Setting Aside Execution and Sheriff's Sale Pursuant to Pa.R.C.P 3183, Striking Sheriff's Deed, Vacating Judgment, and Discontinuing and Ending Action. Also enclosed, please find aself-addressed and stamped envelope to provide a time stamped copy of the enclosed Motion. Very tr ly your Ryan T. Bu Enclosure/ Cc: Estate of Margaret B. Young Virginia L. Conklin, Co Executrix Citizens Bank of Pennsylvania, N.A. Upper Allen Township Commonwealth of PA Department of Public Welfare OF HE P DTfIO NOTARY PHELAN HALLINAN,LLP 2013`� f By: Joseph E.DeBarberie,Esquire CUMBERLAND COUNTY Identification No.: 315421 PENNSYLVANIA Lauren R.Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia,PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR COURT OF COMMON PLEAS THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, CIVIL DIVISION SERIES 2005-9 ' Plaintiff No. 08-3683 CIVIL TERM V. CUMBERLAND COUNTY ESTATE OF MARGARET B. YOUNG JOANNE L.BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L.CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants MOTION TO INTAKE RULE ABSOLUTE Plaintiff, Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset- Backed Certificates, Series 2005-9, by and through its counsel, Phelan Hallinan, LLP, hereby moves this Honorable Court to make its Rule to Show Cause absolute in the above-captioned action, and in support thereof avers: 1. On November 13, 2012, Plaintiff filed a Motion to Strike Order asking the Court to strike its June 6, 2012 which, inter alia, set aside the Sheriffs sale in this case. 2. The Motion was served on Defendants and other interested parties contemporaneously with its filing. True and correct copies of the Certificate of Service attached to the Motion and Certificates of Mailing are attached hereto, made a part hereof, and marked as Exhibit "A." 3. On November 16, 2012, the Court entered a Rule directing Defendants to show cause, within twenty(20) days, why the Motion should not be granted. A true and correct copy of the Rule is attached hereto, made a part hereof, and marked Exhibit `B." 4. Defendants and all other interested parties have failed to respond or otherwise plead by the rule returnable date of December 6, 2012 and have failed to respond as of the date of this Motion. 5. Under Rule of Civil Procedure 206.7, if an answer to a rule to show cause is not filed, all averments of fact in the motion may be deemed admitted and the Court shall enter an appropriate order. WHEREFORE, Plaintiff asks this Honorable Court make its Rule to Show Cause absolute and grant Plaintiff s Motion to Strike Order. Respectfully submitted, PH HALLINAN, LLP Date: j 13 By: Jose . DeBarberie, Esquire Ident ation No.: 315421 Lauren R.Tabas,Esquire Identification No.: 93337 Attorney for Plaintiff Exhibit "A" Phelan Hallinan & Schmieg,LLP By:Melissa J. Cantwell, Esquire Attorney for Plaintiff Identification No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR Court of Common Pleas THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, Civil Division SERIES 2005-9 Plaintiff No.: 08-3683 CIVIL TERM V. CUMBERLAND County ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY,CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN,CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants CERTIFICATION OF SERVICE 1,Melissa J. Cantwell,Esquire,hereby certify a true and correct copy of Plaintiffs Motion to Strike Order was served by first class mail on the following parties on the date indicated below: ESTATE OF MARGARET B.YOUNG JOANNE L. BOOLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG 809 FLINTLOCK RIDGE ROAD MECHANICSBURG,PA 17055-4919 VIRGINIA L. CONKLIN,CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B.YOUNG 240 SUSQUEHANNA AVENUE ENOLA,PA 17025 CITIZENS BANK OF PENNSYLVANIA 100 SOCKANOSSET CROSSROADS CRANSTON,RI 02920 CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE,ESQUIRE 28TH FLOOR,TWO PNC PLAZA PITTSBURGH, PA 15222 CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE,ESQUIRE 620 LIBERTY AVENUE,28TH FLOOR PITTSBURGH, PA 15222 UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 UPPER ALLEN TOWNSHIP C/O LOUIS FAZCKAS TOWNSHIP MANAGER 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 ESTATE OF MARGARET B.YOUNG C/O SAMUEL L.ANDES,Esq. 525 NORTH TWELFTH STREET P.O.BOX 168 LEMOYNE, PA 17043 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division 6th Floor,Strawberry Sq.,Dept 280601 Harrisburg,PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program P.O.Box 8486 Willow Oak Building Harrisburg,PA 17105 Dated: B Melissa J.Cantwell,Esquire Attorney for Plaintiff NAME . PHELAN HALLINAN&SCHMIEG;LLP AND 1617 JFK BOULEVARD,SUITE 1400 ADDRESS ONE PENN CENTER PLAZA OF PHILADELPHIA,PA 19103 SENDER PHS'# ismii YOUNG(RTB) LINE ARTICLE NAME OF ADDRESSEE,STREET,AND POST OFFICE ADDRESS POSTA T NUMBER I **** ESTATE OF MARGARET B.YOUNG JOANNE L.BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATES�+ OF MARGARET B.YOUNG M ' 809 FLINTLOCK RIDGE ROAD " j a ' MECHANICSBURG,PA 17055-4919 90 2 '*** VIRGINIA L.CONKLIN,CO-EXECUTRIX AND R DEVISEE OF THE ESTATE OF MARGARET B.YOUNG �s 402 240 SUSQUEHANNA AVENUE 0 ENOLA,PA 17025 3 **** CITIZENS BANK OF PENNSYLVANIA `�► 100 SOCKANOSSET CROSSROADS pit o CRANSTON,RI 02920 4 ***' CITIZENS BANK OF PENNSYLVANIA C/O PAUL DAVID BURKE,ESQUIRE 28'FLOOR,TWO PNC PLAZA PITTSBURGH,PA 15222 S "*** CITIZENS BANK OF PENNSYLVANIA G0 PAUL DAVID BURKE,ESQUIRE 620 LIBERTY AVENUE,28T"FLOOR S PITTSBURGH,PA 15222 6 **• UPPER ALLEN TOWNSHIP 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 7 **** UPPER ALLEN TOWNSHIP CIO LOUIS FAZCKAS TOWNSHIP MANAGER 100 GETTYSBURG PIKE MECHANICSBURG,PA 17055 8 "*** ESTATE OF MARGARET B.YOUNG C/O SAMUEL L.ANDES,ESQ. 525 NORTH TWELFTH STREET P.O.BOX 168 LEMOYNE,PA 17043 COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ; Ern FLOOR,STRAWBERRY SQ.,DEPT;280601 . HARRISBURG,PA 17128 TOTAL NUMBER OF TOTAL NUMBER OF PIECES POSTMASTER.PER(NAME OF THE FULL DECLARATION OF VALUE IS REQUIRED ON ALL DOMESTIC AND PIECES LISTED BY SENDER RECEIVED AT POST OFFICE RECEIVING EMPLOYEE) INTERNATIONAL REGISTERED MAIL.THE MAXIMUM INDEMNITY PAYABLE FOR THE RECONSTRUCTION OF NONNEGOTIABLE DOCUMENTS UNDER EXPRESS MAIL.DOCUMENT RECONSTRITCTION IYSURAN'CF.IS S_40.000 PER PIECE SUBJECT TO A LIMIT OF WN000 PER OCCURRENCE.THE MAXIMUM INDEMNITY PAYABLE ON EXPRESS MAIL MERCHANDISE 15 5500,,THE MAXIMUM INDE.1tNITV PAYABLE IS 525,000 FOR REGISTERED MAIL,SENT WITH s OPTIONAL INSURANC-SEE DOMEMC MAIL MANUAL It S913 AND S I FOR LIMITATION'S OF COVERAGE. NAME PHELAN HALLINAN&SCHMIEG,LLP AND 1617 JFK BOULEVARD,SUITE 1400 ADDRESS ONE PENN CENTER PLAZA OF PHILADELPHIA,PA 19103 a �"c SENDER 0° PHS# 152311 YOUNG(RTB) .u, 1 w LINE ARTICLE NAME OF ADDRESSEE,STREET,AND POST OFFICE ADDRESS POSTAG d> °o NUMBER t ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, k.,. CO-EXECUTRIX AND DEVISEE OF THE ESTATE It1 N OF MARGARET B.YOUNG 809 FLINTLOCK RIDGE ROAD N° a MECHANICSBURG,PA 170554913 03AMn Qo 2 2 **** VIRGINIA L.CONKLIN,CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B.YOUNG . 240 SUSQUEHANNA AVENUE ENOLA,PA 17025 }s 4 «#ft G 5 6 >Nk�, 10 #f!! 11 #t«# 12 !#!s 13 i!t! 14 ##tt 1.5 lstt TOTAL NUMBER OF . TOTAL NUMBEROF PIECES POSTMASTER,PER(NAME OF THE FULL DECLARAT(O%'OF VALUE IS REQUIRED ON ALL DOMESTIC AND PIECES LISTED BY SENDER RECEIVED AT POST OFFICE RECEIVING EMPLOYEE) INTERNATIONAL REGISTERED MAIL. THE MAXIMUM INDEMNITY PAYABLE FOR THE', RECONSTRUCTION OF NONNEGOTIABLE DOCUMENTS UNDER EXPRESS MAIL DOCUMENT RECONSTRUCTION INSURANCE IS S3U,000 PER PIECE SUBJECT TO A LIMIT OF 5500,000 PER OCCURRENCE.THE MAXIMUM INDEMNITY PAYABLE ON EXPRESS MAIL MERCHANDISE IS 5500.THE MAXIMUM INDEMNITY PAYABLE ISS25,000 FOR REGISTERED MAU,SENT WITH OPTIONAL INSURANCE. SEE DOMESTIC MAIL MANUAL R900 S913 AND 5921 FOR LIMITATIONS OF COVERAGE: i Exhibit "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2005-9 Civil Division Plaintiff No.: 08-3683 CIVIL TERM V. CUMBERLAND County ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY,CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG C a �' VIRGINIA L. CONKLIN, CO-EXECUTRIX AND rnx x DEVISEE OF THE ESTATE OF MARGARET B. Z �r- YOUNG N.r-- — ;0p Defendant -t s o-n zo z� oC'� RULE v= N v C AND NOW; this ��.• day of NNwAK 2012, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Set Aside Execution and Sheriffs Sale Pursuant to Pa.R.C.P. 3183, Strike Sheriffs Deed, Vacate Judgment, and Discontinue and End Action. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiffs Motion to Set Aside Execution and Sheriffs Sale Pursuant to Pa.R.C.P. 3183, Strike Sheriffs Deed,Vacate Judgment, and Discontinue and End Action. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE OURT J�6w DaF J PR /3urtaµ ✓,fit �4nd,cs, �Sfi ✓&s�. of d +� l.�ppa� /A/k.► "i�� 30414 a � q J G�iz�r►S 84 wk or'-P^ Cop�.cs w,4,lt� ri f tai fig PHELAN HALLINAN,LLP By: Joseph E. DeBarberie,Esquire Identification No.: 315421 Lauren R.Tabas,Esquire Identification No.: 93337 One Penn Center Plaza, Suite 1400 Attorney for Plaintiff Philadelphia,PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR COURT OF COMMON PLEAS THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, CIVIL DIVISION SERIES 2005-9 Plaintiff No. 08-3683 CIVIL TERM V. CUMBERLAND COUNTY ESTATE OF MARGARET B. YOUNG JOANNE L. BODLEY, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO-EXECUTRIX AND DEVISEE OF THE ESTATE OF MARGARET B. YOUNG Defendants CERTIFICATION OF SERVICE I, the undersigned attorney, hereby certify that a true and correct copy of Plaintiffs Motion to Make Rule Absolute was served upon the following interested parties via first class mail on the date indicated below: ESTATE OF MARGARET B. YOUNG VIRGINIA L. CONKLIN, CO- JOANNE L. BODLEY, EXECUTRIX AND CO-EXECUTRIX AND DEVISEE OF THE DEVISEE OF THE ESTATE OF ESTATE MARGARET B. YOUNG OF MARGARET B. YOUNG 240 SUSQUEHANNA AVENUE 809 FLINTLOCK RIDGE ROAD ENOLA, PA 17025 MECHANICSBURG, PA 17055-4919 152311 CITIZENS BANK OF PENNSYLVANIA CITIZENS BANK OF 100 SOCKANOSSET CROSSROADS PENNSYLVANIA CRANSTON, RI 02920 C/O PAUL DAVID BURKE, ESQUIRE 28"FLOOR,TWO PNC PLAZA PITTSBURGH, PA 15222 CITIZENS BANK OF PENNSYLVANIA UPPER ALLEN TOWNSHIP C/O PAUL DAVID BURKE, ESQUIRE 100 GETTYSBURG PIKE 620 LIBERTY AVENUE, 28TH FLOOR MECHANICSBURG, PA 17055 PITTSBURGH, PA 15222 UPPER ALLEN TOWNSHIP ESTATE OF MARGARET B. YOUNG C/O LOUIS FAZCKAS C/O SAMUEL L. ANDES, ESQ. TOWNSHIP MANAGER 525 NORTH TWELFTH STREET 100 GETTYSBURG PIKE P.O.BOX 168 MECHANICSBURG, PA 17055 LEMOYNE, PA 17043 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF PUBLIC BUREAU OF INDIVIDUAL TAX WELFARE INHERITANCE TAX DIVISION TPL CASUALTY UNIT 6TH FLOOR, STRAWBERRY SQ. ESTATE RECOVERY PROGRAM DEPT 280601 P.O. BOX 8486 HARRISBURG, PA 17128 WILLOW OAK BUILDING HARRISBURG, PA 17105 Respectfully submitted, PHE AN HALLINAN, LLP Date: 13 By: Jose h . DeBarberie, Esquire Ident ication No.: 315421 Lauren R.Tabas,Esquire Identification No.: 93337 Attorney for Plaintiff 152311 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK.AS TRUSTEE FOR THE CERT"IFICATEHOLDERS CWABS, CIVIL DIVISION INC. ASSET-BACKED CERTIFICATES, SERIES2005-9 No.08-3683 CIVILTERM Plaintiff V, ESTATE OF MARGARET B. YOUNG -- — r,Vjc� c_ JOANNE L. BODLEY,CO-EXECUTRIX "' c AND DEVISEE OF THE ESTATE.OF MARGARET B. YOUNG -- a_I`,.- VIRGINIA L.CONKLIN,CO-EXECUTRIX AND DEVISEE OF TFIE ESTATE OF MARGARET B. YOUNG -- ' Defendants ORDER AND NOW, this /1Dr day of 7A"1 , 2013,upon consideration of Plaintiff's Motion to Make Rule Absolute,and any response thereto, it is hereby ORDERED and DECREED that: I. The Rule entered upon Defendant shall be and is hereby made absolute and Plaintiffs Motion to Strike Court Order in the above captioned matter is hereby GRANTED; 2. The Court's Order entered June 6, 201'1 is stricken and is hereby null and void,nune pro tuna; 3. The Sheriff s deed conveying the property at 809 Flintlock Ridge Road, Mechanicsburg, PA 17055-4919, being Property Identification Number 42-26-0245-074,recorded on February 1, 2012 in the Office of the Recorder of Deeds of Cumberland County at Instrument Number 201203169 is hereby reinstated; AND 4. The Recorder of Deeds of Cumberland County is hereby directed to record a certified copy of this Order, upon payment of the required fee, and to index this Order against the property described above. A -- J. cc: � tate of Margaret B. Young, Joanne L. Bodley /Virginia L. Conklin Xitizens Bank of Pennsylvania Xitizens Bank of Pennsylvania c/o Paul David Burke, Esquire riper Allen Township per Allen Township c/o Louis Fazckas ,Estate of Margaret B. Young c/o Samuel L. Andes,Esquire Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division ,/Department of Public Welfare, TPL Casualty Unit