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HomeMy WebLinkAbout08-5463PHELAN HALLINAN & SCHMIEG, LLP 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 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 MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 186139 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0%- Sg63 0,wv-i Term CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 186139 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 #: 186139 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN File #: 186139 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 #: 186139 Plaintiff is THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/31/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CONCORDE ACCEPTANCE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1953, Page 1772. By Assignment of Mortgage recorded 07/11/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 738, Page 2351. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2007 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. File #: 186139 6. The following amounts are due on the mortgage: Principal Balance $175,970.15 Interest $27,018.60 02/01/2007 through 09/11/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $1,325.70 05/31/2006 to 09/11/2008 Cost of Suit and Title Search 550.00 Subtotal $206,114.45 Escrow Credit $0.00 Deficit $10,964.17 Subtotal $10,964.17 TOTAL $217,078.62 7. 8. 9 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 File #: 186139 the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $217,078.62, together with interest from 09/11/2008 at the rate of $45.95 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 By: L WRENCE T. PHELAN, ESQUIRE RANCIS 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 #: 186139 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD WHICH POINT IS ALSO THE DIVIDING LINE OF LOTS 8 AND 9, BLOCK A ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOTS 8 AND 9 NORTH 15 DEGREES 55 MINUTES EAST 213.13 FEET TO A POINT; THENCE ALONG LAND NOW OR FORMERLY OF ERCOL O. AND CONCETTA R. ACRI, SOUTH 79 DEGREES 42 MINUTES 30 SECONDS WEST 72.44 FEET TO A POINT; THENCE SOUTH 15 DEGREES 55 MINUTES WEST 181.14 FEET TO A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD; THENCE SOUTH 74 DEGREES 05 MINUTES EAST 65.00 FEET ALONG THE NORTHERN SIDE OF EDGEWOOD ROAD TO A POINT AND PLACE OF BEGINNING. BEING LOT NO. 8, BLOCK A ON THE FINAL PLAN OF PART OF BLOCKS A,C,D,E,F,G AND H WYNNEWOOD PARK AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 27, PAGE 20. UNDER AND SUBJECT TO A 25 FEET BUILDING SET BACK LINE. PREMISES: 51 EDGEWOOD DRIVE TAX ID#: 18-21-*0287-004 File #: 186139 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 unsworn falsifications to authorities. r Attorney for Plaintiff DATE: 9// / /0 p ? ? oc1 rim .r.. =, N rn SHERIFF'S RETURN - REGULAR CASE NO: 2008-05463 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS DELRASO ROBERT A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon nVT-DAen AnL2VVT A the DEFENDANT , at 1535:00 HOURS, on the 18th day of September, 2008 at 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 REBECCA DELRASO, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.00 Affidavit .00 Surcharge 10.00 00 '4 0 * So Answers: 3 R. Thomas Kline 09/19/2008 PHELAN H LLINAN crT-rMIE Sworn and Subscibed to By: before me this day of A.D. SHERIFF'S RETURN - REGULAR 4 . CASE NO: 2008-05463 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS DELRASO ROBERT A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DELRASO REBECCA M the DEFENDANT at 1535:00 HOURS, on the 18th day of September, 2008 at 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 by handing to REBECCA DELRASO a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge id/n9'10t (, So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 09/19/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day of A.D. ty 5hWi Phelan Hallinan & Schmieg, LLP By: 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 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. ROBERT A. DELRASO REBECCA M. DELRASO : No. 08-5463-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERT A. DELRASO, and REBECCA M. DELRASO, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $217,078.62 Interest - 09/12/2008 to 10/05/2009 $17,874.55 TOTAL $234,953.17 I hereby certify that (1) the Defendants' last known address is 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710, and (2) that notice has been given in accordance with Rule 237.1, copy attached. Lawrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 7-)h PHS # 186139 PROTH OTAR Phelan Hallinan & Schmieg, LLP By: 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 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff THE BANK OF NEW YORK AS CUMBERLAND COUNTY TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, : COURT OF COMMON PLEAS INC. ASSET-BACKED CERTIFICATES, : SERIES 2006-11 VS. ROBERT A. DELRASO REBECCA M. DELRASO : CIVIL DIVISION : No. 08-5463-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she 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 it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ROBERT A. DELRASO is over 18 years of age and resides at 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710. (c) that defendant REBECCA M. DELRASO is over 18 years of age and resides at 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. wrence 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 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? 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 Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 VS. ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 08-5463-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on By: Pt`-- If you have any questions concerning this matter please contact: Lawrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 "THIS THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006- 11 Plaintiff v. ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) TO: REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 DATE OF NOTICE: September 11, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5463-CIVIL TERM CUMBERLAND COUNTY 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. UYWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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 HIR NG A LAWYER. PHS # 186139 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 By: r Ak -. xs? 4cisLean'c"e T. Phelan, E ., Id. No. 32227 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. 81 70 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 Jaime McGuinness, Esq., Id. No. 90134 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 186139 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006- 11 Plaintiff v. ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) TO: ROBERT A. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 DATE OF NOTICE: September 11, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-5463-CIVIL TERM CUMBERLAND COUNTY 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. IWORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE 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. PHS # 186139 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. Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 By: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 La enre T. Phelan, Esj., Id. No. 32227 Fr cis S. Hallinan, Es 4., Id. No. 62695 D iel 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. 8174 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 186139 FILED-OFPCE OF THE PPO, T HCNCTARY 2004 OCT -6 AM 10:57 uwe ? ; ?. ?: u; J f Y ?IJ4. 00 --,?cL P44y 0 Ss ' ?F IV? PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 CIVIL DIVISION Plaintiff NO. 08-5463-CIVIL TERM v ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 10/06/2009 ($38.62 per diem) CUMBERLAND COUNTY $234,953.17 $9,268.80 TOTAL $245,758.47 Attorney for Plaintiff / 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith Romano, Esq., Id. No. 58745 ? She I R. Shah-Jani, Esq., Id. No. 81760 ? ine 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 ? Jaime McGuinness, Esq., Id. No. 90134 ? 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 Note: Please attach description of property. PHS # 186139 w? O? w? a? a Oa O? O? ?U iL ?- i1_I C... LZL?j H W W d U 3 v A O H U a w U a O w? F c ?o .? N OW ?U pW Wa U F ? > C\l 1 co C7... N t? 0 0 o 0 a?A? WA aA? AA? a pq 3 z FW UW¢ " (0s0? W U 0 O N CC5 N W ° o cZ?Zo?o01 o c d ©Z O O c a?zZb?bZZz?Z?vZ' "fro Q? v a?i a "W ?'bZ "? W ?WWW•?'wW c3~ti?r 49 0 P4 F5 ., 45 a a w it 000D0O? 00000000" J cs t- V) So o? o0 g m 1 8 ° ?- YA ?a Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 Plaintiff V. ROBERT A. DELRASO REBECCA M.DELRASO Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-5463-CIVIL TERM : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled 904 relating to unsworn falsification to This certification is made subject to the penalties of 8 Pa. C§ 4 authorities. Vm ? ey for Plaintiff Phelan Hallman &Schmieg, LT. ? 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 ? Shee R. Shah-Jani, Esq., Id. No. 81760 ? J me 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 ? Jaime McGuinness, Esq., Id. No. 90134 ? 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 2009 DEC 18 M I i * 4 2' ((^, ITT rv'HE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2006-11 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5463-CIVIL TERM v. ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11, 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 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710. Name and address of Owner(s) or reputed Owner(s): Name 2. ROBERT A. DELRASO REBECCA M.DELRASO Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 Address (if address cannot be reasonably ascertained, please so indicate) 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) Commonwealth of Pennsylvania Department of Labor and Industry to the use of the Unemployment Compensation Fund Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2006-11 LVNV Funding, LLC Labor and Industry Building, 5`h Floor Harrisburg, PA 17121 7105 Corporate Drive, PTX C-35 Plano, TX 75024 15 South Main Street Mechanicsburg, AP 17055-2710 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) PA Department of Revenue, Bureau of Compliance PO Box 280947 Harrisburg, PA 17128-0947 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 Commonwealth of Pennsylvania Department of Welfare Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2006-11 C/O Joseph A. Goldbeck, Jr., Esquire LVNV Funding Asgn: Sherman Acquisition C/O Wolpoff & Abramson, LLP Commonwealth Financial Systems, Inc CIO Patricia A. Cobb, Esquire 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 120 N. Keyser Avenue Scranton, PA 18504 I vcrify 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 fals ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification t aut rities. December 16, 2009 ,cftorney for Plaintiff J! 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 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judit . Romano, Esq., Id. No. 58745 ? Sh tal R. Shah-Jani, Esq.., Id. No. 81760 L=LXnine 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 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 OF- THE PR?Jll OTARY 2099 GEC 18 k-°l 1 42 i;?"l i v LVt THE BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 CIVIL DIVISION Plaintiff : NO. 08-5463-CIVIL TERM VS. : CUMBERLAND COUNTY ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 "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 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $234,953.17 obtained by THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2006-11 (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 maybe able to stop the sale by filing apetition 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 s, -,pping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY. AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happcnned, 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. 7'!-is 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 t--;, 0 Q. 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. 08-5463-CIVIL TERM THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 VS. ROBERT A. DELRASO REBECCA M. DELRASO owner(s) of property situate in the TOWNSHIP OF ALLEN, Cumberland County, Pennsylvania, being (Municipality) 51 FI)GEWOOD DRIVE, MECHANICSBURG, PA 17055-2710 Parcel No. 18-21-0287-004 (Acreage or street address) Imp: ovements thereon: RESIDENTIAL DWELLING JUT)GMENT AMOUNT: $234,953.17 Phehn Hallinan & Schmieg, LLP Attorncy for Plaintiff 1617 J PK Boulevard, Suite 1400 Phil!:.:,'1phja, PA 19103 1 ; - ; ; -7000 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS f`OLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD WHICH POINT IS ALSO THE DIVIDING LINE OF LOTS 8 AND 9, BLOCK A ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOTS 8 AND 9 NORTH 15 DEGREES 55 MINUTES EAST 213.13 FEET TO A POINT; THENCE ALONG LAND NOW OR FORMERLY OF ERCOL O. AND CONCETTA R. ACRI, SOUTH 79 DEGREES 42 MINUTES 30 SECONDS WEST 72.44 FEET TO A POINT; THENCE SOUTH 15 DEGREES 55 MINUTES WEST 181.14 FEET TO A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD; THENCE SOUTH 74 D13GREES 05 MINUTES EAST 65.00 FEET ALONG THE NORTHERN SIDE OF EDGEWOOD ROAD TO A POINT AND PLACE OF BEGINNING. BEING LOT NO. 8, BLOCK A ON THE FINAL PLAN OF PART OF BLOCKS A,C,D,E,F,G AND H `VYNNEWOOD PARK AS RECORDED IN THE CUMBERLAND COUNTY RF,CORDER'S OFFICE IN PLAN BOOK 27, PAGE 20. UNDER AND SUBJECT TO A 25 FEET BUILDING SET BACK LINE. Vested by Special Warranty Deed, dated 5/31/2006, given by William M. Gorman and L: Wra M. Gorman, husband and wife to Robert A. Delraso and Rebecca M. Delraso, husband and wife and recorded 6/5/2006 in Book 274 Page 4641 Instrument # 2006- 019358 - PR EMISES BEING: 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710 P,IRCEL NO. 18-21-0287-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5463 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due the bank of new york, AS Trustee for THE CERTIFICATEHOLDERS CWABS, INC.L ASSET-BACKED CERTIFICATES, SERIES 2006-11, Plaintiff (s) From ROBERT A. DELRASO and REBECCA M. DELRASO (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 $234,953.17 L.L. $.50 Interest from 10/6/09 ($38.62 per diem) -- $9,268.80 Atty's Comm % Due Prothy $2.00 Atty Paid $175.00 Other Costs Plaintiff Paid Date: 12/18/09 IS - Cu R. Long, Prothonot (Seal) By: J . z Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 HK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- PHS # 186139 BACKED CERTIFICATES, SERIES 2006-I1 DEFENDANT SERVICE TEAM/ din ROBERT A. DELRASO REBECCA M. DELRASO COURT NO.: 08-5463-CIVIL TERM SERVE REBECCA M. DELRASO AT: TYPE OF ACTION 51 EDGEWOOD DRIVE XX Notice of Sheriffs Sale MECHANICSBURG, PA 17055-2710 SALE DATE: 06/02/2010 SERVED Served and made known to "A M t FE6RQSo , Defendant on the V day of 11JI'R , 20112 , at 41, o'clock ?. M., at SI E-b6EW0ea DO. AU4$ ulcsgut in the manner described below: - Defendant personally served. C> V Adult family member with whom Defendant(s) reside(s). Relationship is uCa µ krR r - Adult in charge of Defendant's residence who refused to give name or relationship. N) - Manager/Clerk of place of lodging in which Defendant(s) reside(s). N Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company.~ _ Other: Description: Age 9-0 Height II i` Weight 10 4 Race W Sex P_ Other I, 'RDN4-L D A46 t,t_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 2?& day of _ 1 LXJ , 200A. Not By: On the f , 200, at _ Vacant - Bad Address No Answer _ Service Refused Other: Sworn to and subscribed before me this day of -6? By: Notary: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. Na 62695 Daniel G. Schmieg, Esq., Id. Na 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Shectal R. Shah-Jana, Esq., Id. Na 81760 Jenine R. Davcy, Esq., Id. Na 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mukahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliukos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. Na 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambidy Esq., Id. No. 208375 One brbPam Center at Suuan Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 5637000 rn KIMBERLY CURTY r? N01 ARY PUBLIC STATE OF 4EIN JWEY 20l3 MY COMMISSION EvIRES MARCH 71 NOT SERVED o'clock _. M., Defendant NOT FOUND because: Moved - Does Not Reside (Not Vacant) AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- PHS # 186139 BACKED CERTIFICATES, SERIES 2006-11 DEFENDANT SERVICE TEAM/ An ROBERT A. DELRASO REBECCA M. DELRASO COURT NO.: 08-5463-CIVIL TERM SERVE ROBERT A. DELRASO AT: TYPE OF ACTION 51 EDGEWOOD DRIVE XX Notice of Sheriffs Sale MECHANICSBURG, PA 17055-2710 SALE DATE: 06/02/2010 SERVED Served and made known to RbUAT A. DGLR45o, Defendant on the 21day of jft?U*Ay 204 d , at 6:41, o'clock. M., at SI 6D&EWooohe, MEct*Nitrr^ in the manner described below: _ Defendant personally served. n _? Adult family member with whom Defendant(s) reside(s)., Relationship is !?*116fT*A _ 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). =>'`t J N Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. = = Z Other: T: Description: Age H2O Height 5,1Weight 100 Race W Sex F Other 4 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 Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. ql%r Sworn to and subsc bed before me this 2S? day of 2009. Not By: On the day 200_, at Vacant _ Bad Address No Answer Service Refused Other: Sworn to and subscribed before me this day of 717W Notary: -i t T, KIMBERLY CUR NOT.AARV PUBLIC ,TAT F OF WW ,iI MEY MY COMMis5i?N TX?IRES MARCH 7, 2013 NO SERVED o'clock _. M., Defendant NOT FOUND because: Moved - Does Not Reside (Not Vacant) 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 Jay B. Jones, Esq., Id. No. 86657 Peter J. Muleahy, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. FBakos, Esq., Id. No. 94620 Joshua 1. Gaklman, Esq., Id. No. 205047 Courienay R. Dunn, Esq., Id. No. 206779 Andrew C. Brambldt, Esq., Id. No. 208375 One Pcnn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 By: 'j Cv"d - r Phelan Hallinan & Schmieg, LLP By: 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 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County V. ROBERT A. DELRASO No. 08-5463-CIVIL TERM REBECCA M.DELRASO Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorneys, Phelan Hallinan & Schmieg, LLP, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on September 15, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A", 2. Judgment was entered on October 6, 2009 in the amount of $234,953.17. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 2, 2010. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $175,970.15 Interest Through June 2, 2010 $57,008.26 Per Diem $45.32 Late Charges $1,110.90 Legal fees $1,675.00 Cost of Suit and Title $846.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $528.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($954.79) Escrow Deficit $15,954.93 TOTAL $252,139.45 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 1, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any 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 as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: L tLl 10 By: No. 32227 ? Fr cis S. allinan, E ., Id. No. 62695 ? Daniel G. Sc sq., 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 Phelan Hallinan & Schmieg, LLP ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 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 ATTORNEY FOR PLAINTIFF 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 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 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR Court of Common Pleas THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES Civil Division 2006-11 Plaintiff CUMBERLAND County V. ROBERT A. DELRASO No. 08-5463-CIVIL TERM REBECCA M. DELRASO Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE ROBERT A. DELRASO and REBECCA M. DELRASO executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710. The Mortgage indicates that in the event of a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. IL LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa. Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank. 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III, THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confinning that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. COST OF SUIT AND TITLE Pursuant to the terms of the mortgage, Plaintiff is entitled to recover all expenses incurred in the foreclosure action. The amount claimed for the costs of suit and title are the expenses Plaintiff paid to date as a result of the mortgage default. The title report is necessary to determine the record owners of the property, as Pa.R.C.P. 1144 requires all record owners to be named as Defendants in the foreclosure action. It is also necessary to determine whether there are any prior liens to be cleared, so that the Sheriffs sale purchaser acquires clear title to the property. It is necessary to determine if there are IRS liens on the property, whether the Defendants are divorced (which could affect service of the complaint), and numerous other legal issues. The title bringdown is necessary to identify any new liens on the property or new owners between the time of filing and complaint and the writ date. The Freedom of Information Act inquiries and the investigation into Defendants' whereabouts are necessary to effectively attempt personal service of the complaint and notice of sale on the Defendant. The notice of sale and Rule 3129 notice are required by Pa.R.C.P.3129.1 and 3129.2 to notify all lienholders, owners, and interested persons of the Sheriff's sale date, as their interests will be divested by the Sheriff s sale. Accordingly, the modest sums Plaintiff has incurred for the costs of suit and title were necessary pursuant to Pennsylvania law. The amounts were reasonable and actually incurred. The mortgage and Pennsylvania law permit Plaintiff to recover these sums through its foreclosure action. As the foreclosure action is in rem only, Plaintiff recovers its judgment from the sale of the property, not out of the Defendant's pockets. Plaintiff should recover the costs of suit and title in their entirety, which will not cause harm to the Defendants. VIII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan &-Schmieiz. LLP DATE: lq ((2 By: - 01 LI Lawre#e . Phelan, E ., Id. No. 32227 ? Frans S. allinan, q., Id. No. 62695 ? Daniel G. Sc g, 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 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff Exhibit "A" 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 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL 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 MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIlAE MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 186139 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff ROBERT A. DELRASO REBECCA M.DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 Defendants 97 ?rD nx T_t of .: --? >_ co ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. C)2-541p3 Civil (CC" CUMBERLAND COUNTY We hereby COft dw °d1fKhlr1 t COe ? 0 ? p gi?nal 0t mWd CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 186139 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 maybe 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 #: 186139 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN File #: 186139 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 #: 186139 1. Plaintiff is THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 05/31/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR CONCORDE ACCEPTANCE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1953, Page 1772. By Assignment of Mortgage recorded 07/11/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book No. 738, Page 2351. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2007 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. File #: 186139 6. The following amounts are due on the mortgage: Principal Balance $175,970.15 Interest $27,018.60 02/01/2007 through 09/11/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $1,325.70 05/31/2006 to 09/11/2008 Cost of Suit and Title Search 550.00 Subtotal $206,114.45 Escrow Credit $0.00 Deficit $10,964.17 Subtotal $10,964.17 TOTAL $217,078.62 7. 8. 9 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 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 File #: 186139 the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an is rem Judgment against the Defendant(s) in the sum of $217,078.62, together with interest from 09/11/2008 at the rate of $45.95 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 By: - . )-?- / ?4WWRENCE T. PHELAN, ESQUIRE CIS 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 MCGUIlJNESS, ESQUIRE Attorneys for Plaintiff 1-,'Y69,,-r- File #: 186139 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD WHICH POINT IS ALSO THE DIVIDING LINE OF LOTS 8 AND 9, BLOCK A ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOTS 8 AND 9 NORTH 15 DEGREES 55 MINUTES EAST 213.13 FEET TO A POINT; THENCE ALONG LAND NOW OR FORMERLY OF ERCOL O. AND CONCETTA R. ACRI, SOUTH 79 DEGREES 42 MINUTES 30 SECONDS WEST 72.44 FEET TO A POINT; THENCE SOUTH 15 DEGREES 55 MINUTES WEST 181.14 FEET TO A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD; THENCE SOUTH 74 DEGREES 05 MINUTES EAST 65.00 FEET ALONG THE NORTHERN SIDE OF EDGEWOOD ROAD TO A POINT AND PLACE OF BEGINNING. BEING LOT NO. 8, BLOCK A ON THE FINAL PLAN OF PART OF BLOCKS A,C,D,E,F,G AND H WYNNEWOOD PARK AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 27, PAGE 20. UNDER AND SUBJECT TO A 25 FEET BUILDING SET BACK LINE. PREMISES: 51 EDGEWOOD DRIVE TAX ID#: 18-21-*0287-004 File #: 186139 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 unswom falsifications to authorities. r ?l Attorney for Plaintiff DATE: g h/ /0 f> Exhibit "B" Phelan Hallinan & Schmieg, LLP By: 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 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 VS. ROBERT A. DELRASO REBECCA M. DELRASO Attorney for Plaintiff c 7 ?c Tz N a o o -n ?O Q c? n1 m rn ? ' ?? ? rtl 0 or" y . CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 08-5463-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ROBERT'.+DELRASO and REBECCA M. DELRASO, Defendant(s) for failure to file : an wr to Plaintiff's Complaint within 20 days from service thereof and for fbT%l4sur41.; t sale of the mortgaged premises, and assess Plaintiff's damages as follows: \-1 As set forth in Complaint $217,078.62 Interest - 09/12/2008 to 10/05/2009 TOTAL $17,874.55 $234,953.17 I hereby certify that (1) the Defendants` last known address is 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 and (2) that notice has been given in accordance with Rule 237.1, copy attached. 'Lawrence 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 J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua 1. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: p Q PHS 4 186139 f PROTHONOTARY Exhibit "C" O O rr lV a C7 W x v z x W x a a 0 .fl c? a (.i 0 ? y E ^O zQ R ? G £ 0 L 6 l 3000 dIZ W08=10311VVI OL g OZ LOadV 99ZLLZb000 Eo o9z o $ AL zo A 53AM1ipg A3Nlld '"c1d ? U A ?J L1 ' C. % E V? Lq .0 C U 0 O O N U ? R Z ? g c E 'm -EG bA - ° c v to O a t maEe-mn U UJ y ? G 4? ? O p ? ? O 4 tiF• ? PUO C N .- U ? N W 'O U . O O U O I/ d ? O ? C a v ccng ?F aS A ,' ?w O_ O 3 D` m U .C K ? A Ae ? W ; ? V1 W U O O N y "p' ° ? ? rl kn F- L ti 69 Cd ry p Cq . tV 4. 1 w V 0 A o G Q z a" U 0 GC N ° o ?„? W 1n a o p G ?. C ; o a ? W5 m a? m W w ? y A ? U ? v ` N 0. C ? z d 0 O F? a w ? G U P z z a Fce E z i . cn Q ? ?y c m s? ?' z„ ? O CV M V'? `p .'li ,_1 -- nl M th V1 r oc FBI b 6> 0 PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey April 1, 2010 ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 RE: THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 v. ROBERT A. DELRASO and REBECCA M. DELRASO Premises Address: 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055 CUMBERLAND County CCP, No. 08-5463-CIVIL TERM Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), 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 April 6, 2010. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. ery truly your wrence T. Phel , Esquire Francis S. Hallina , Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Sheetal R. Shah-Jani, Esquii Jenine R. Davey, Esquire Lauren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Enclosure VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Hallinan & DATE: L.) IIHI 10 By: U Lawr c T. Phelan, sq., Id. No. 32227 ? Fr is S Hallin sq., Id. No. 62695 ? D iel G. . g, 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 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ATTORNEY FOR PLAINTIFF 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 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 Jaime McGuinness, Esq., Id. No. 90134 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR Court of Common Pleas THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES Civil Division 2006-11 Plaintiff CUMBERLAND County V. ROBERT A. DELRASO No. 08-5463-CIVIL TERM REBECCA M. DELRASO Defendants CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 DATE: LI ILA (0 By: Phelan Hallinan & Schmieg, LLP . Phelan, Esgj Id. No. 32227 ? Franc S. allinan, E V., Id. No. 62695 ? Dani 1 G. Sc i sq., 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 ? Jaime McGuinness, Esq., Id. No. 90134 V 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 ATTORNEY FOR PLAINTIFF 1 APR 1s 200 ,3 N O O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No. 08-5463-CIVIL TERM ROBERT A. DELRASO REBECCA M.DELRASO Defendants M30 5 k RULIE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. IN Rule Returnable on the ; day of 2010, at 1`• . in 1 e mffirp Courtroom of the Cumberland County Courthouse, Carlisle, Pennsylva B TH J. %*Cy MIR t tsa dbj AoLu4- ":2sa ?i? 'Ai M THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2006-11 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5463-CIVIL TERM v ROBERT A. DELRASO REBECCA M.DELRASO Defendant(s) CUMBERLAND COUNTY AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11, 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 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710. 1. 2 3 Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) n ? Cm ROBERT A. DELRASO 51 EDGEWOOD DRIVE T MECHANICSBURG, PA 17055-2710 t j n REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 =L 'r Name and address of Defendant(s) in the judgment: '41 r? Name Address (if address cannot be reasonably -- < ascertained, please so indicate) SAME AS ABOVE 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) Commonwealth of Pennsylvania Department of Labor and Industry to the use of the Unemployment Compensation Fund Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2006-11 LVNV Funding, LLC Labor and Industry Building, 5`h Floor Harrisburg, PA 17121 7105 Corporate Drive, PTX C-35 Plano, TX 75024 15 South Main Street Mechanicsburg, AP 17055-2710 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) Mechanicsburg Borough Office C/O: David J. Spotts Borough of Mechanicsburg PA Department of Revenue, Bureau of Compliance 36 W. Allen Street Mechanicsburg, PA 17055 W Strawberry @ North Market Street Mechanicsburg, PA 17055 PO Box 280947 Harrisburg, PA 17128-0947 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. 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 Commonwealth of Pennsylvania Department of Welfare Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2006-11 C/O Joseph A. Goldbeck, Jr., Esquire LVNV Funding Asgn: Sherman Acquisition C/O Wolpoff & Abramson, LLP Commonwealth Financial Systems, Inc C/O Patricia A. Cobb, Esquire 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 4660 Trindle Road, 3`d Floor Camp Hill, PA 17011 120 N. Keyser Avenue Scranton, PA 18504 ../ 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. By: Attorney for Plaintiff Phelan Hallinan & Schmieg, LP ? Lawrence T. Phelan, Esq., d. 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 ? J B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK AS TRUSTEE FOR CUMBERLAND COUNTY THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 COURT OF COMMON PLEAS Plaintiff, V. ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) CIVIL DIVISION No. 08-5463-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address, set forth on the Affidavit and as amended if applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attache ereto Ex it "A". ? Lawrence T. Phelan, E Id. No. 32227 ? Francis S. Hallinan, E ., 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 ? Jay p. Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? 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 / Date: 2 G - Attorney for Plaintiff `-t -60 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. PHS # 186139 Q V. 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G o d w t o , MOOdIZ W08J 031lViN C.uZ 9zdd'r 9SZLLZb000 o9Z' 10 iN ? z , ' ?i ". IMOfl AlNlld . C D ? Z - °1&Dd sly h L 'b U Q ? U w O ? TT ^^ Y1 7 d ? U v? ? U •`a Q C ? ? C a> ar,0a U zU ??v? z U 0 zao E,?o y? X F N v y E v ? W z^? F O ?? C d T ? v ? O .R G O 10?E? v v ?'m E ?D ? ut E ? ?y U 9 ? r i.w N ? F , t-i0 N ? ^? O r V v ? '17 O y? U i?1 G p U O O ? mp ago V S.RO ?' 0 F O T O o ^ .F G ^ O .- y N ? U tO C V] V C N ? M U y A V v E G v O 00 E v m v zT 0 ? a 0. E - y a. U U O 0. ? Lr Q ti v y a.0 FG D R E 3 b z ; Q T ._ P v 'O F ti z' LLL- FILED-i? 4?= , OF THE PI?3TrirN rTAPY 2010 MAY 12 FM 3: 03 CUMB µLAi. U (-,QUNTY PENNSYLVANIA Phelan Hallinan & Schmieg, LLP By: 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 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INCA ASSET-BACKED CERTIFICATES, SERIES 2006-11 Plaintiff V. ROBERT A. DELRASO REBECCA M. DELRASO Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-5463-CIVIL TERM CERTIFICATION I hereby certify that a true and correct copy of the Rule noting a Rule Return date of May 21, 2010 was sent to the following individual on the date indicated below. ROBERT A. DELRASO REBECCA M.DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 Phelan Hallinan & Schmieg, LLP DATE: 5?u?lo By: ? La ce T. Phelan, EP., Id. No. 32227 ? Fra is S. Hallinan, U q., Id. No. 62695 C] Da i 1 G. Schmieg, Esq., Id. No. 62205 ? Mi ele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 heetal 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 H Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ;ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11, Plaintiff V. ROBERT A. DELRASO REBECCA M. DELRASO, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA c rt? No.: 08-5463 CIVIL TER*K. p --? ` 71 n - ra :E AS LOCAL COUNSEV Q =< Kindly enter my appearance as local counsel, in conjunction with Phelan Hallinan & Schmieg, LLP, for the limited purpose of representing the Plaintiff in regard to Plaintiff's Motion for Reassessment of Damages. May 20, 2010 BY: Respectfully submitted, WOLF & WOI, A*wn Nath.0"olf, Esquire Stacy B. Wolf, Esquire 10 West High Street Carlisle, PA 17013-2922 (717) 241-4436 at Law I.D. No. 87380 I.D. No. 88732 cc: Phelan Hallinan & Schmieg, LLP, for Plaintiff Robert A. Delraso Rebecca M. Delraso IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006- I 1 Plaintiff V. ROBERT A. DELRASO REBECCA M.DELRASO Defendants Court of Common Pleas Civil Division CUMBERLAND County No. 08-5463-CIVIL TERM ORDER AND NOW, this_day of Now- , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through June 2, 2010 Per Diem $45.32 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections/ Property Preservation Appraisal/Brokers Price Opinion Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $175,970.15 $57,008.26 $1,110.90 $1,675.00 $846.50 $0.00 $528.50 $0.00 $0.00 $0.00 ($954.79) $15,954.93 TOTAL $252,139.45 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is no included in the above figure. BY T RT .. 1 w ; L 1 n y.?./ 1ti?C'+ ?` ?lfyn!? l?? cF.S /h.at spa ?/?o 186139 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson a F Sheriff ?t?ir at Jody S Smith - ? Chief Deputy t un.:: _ 12 s Richard W Stewart Solicitor e Ft : EuJFF Bank of New York as Trustee Case Number vs. Robert A Delraso (et al.) 2008-5463 SHERIFF'S RETURN OF SERVICE 04/24/2010 11:28 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/24/10 at 1128 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Robert A. and Rebecca M. Delraso, located at, 51 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/24/2010 11:28 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/24/10 at 1128 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Robert A. Delraso, by making known unto, Kaylee Bashore (adult Step Daughter) at, 51 Edgewood Drive, Mechanicsburg, Cumberland County Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/24/2010 11:28 AM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 4/24/10 at 1128 hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Rebecca M. Delraso, by making knowr unto, Kaylee Bashore, Adult Daughter, at, 51 Edgewood Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. 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 2006-11, 7105 Corporate Drive, Plano, TX 75024, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 796.79 SHERIFF COST: $796.79 SO ANSWERS, ------ 6'X-oa;Z_ June 30, 2010 RON trY z R ANDERSON, SHERIFF (r.; Coun`ySuito Sheriff. Teleosoff, 1,;c THE BAI K OF NEW YORK AS TRUSTEE FOR THE CERTIFICATAHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2006-11 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-5463-CIVIL TERM V. ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11, 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 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710. , . Name and address of Owner(s) or reputed Owner(s): Name ROBERT A. DELRASO 2. REBECCA M. DELRASO Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE Address (if address cannot be reasonably ascertained, please so indicate) 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 Address (if address cannot be reasonably ascertained, please so indicate) 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) Commonwealth of Pennsylvania Department of Labor and Industry to the use of the Unemployment Compensation Fund Bank of New York as Trustee for the Certificateholders CWABS,'Inc. Asset Backed Certificates, Series 2006-11 LVNV Funding, LLC Labor and Industry Building, 5`h Floor Harrisburg, PA 17121 7105 Corporate Drive, PTX C-35 Plano, TX 75024 15 South Main Street Mechanicsburg, AP 17055-2710 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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) PA Department of Revenue, Bureau of Compliance PO Box 280947 Harrisburg, PA 17128-0947 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 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset Backed Certificates, Series 2006-11 C/O Joseph A. Goldbeck, Jr., Esquire LVNV Funding Asgn: Sherman Acquisition C/O Wolpoff & Abramson, LLP Commonwealth Financial Systems, Inc C/O Patricia A. Cobb, Esquire P.O. Box 2675 Harrisburg, PA 17105 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia , PA 19106 4660 Trindle Road, 3rd Floor Camp Hill, PA 17011 120 N. Keyser Avenue Scranton , PA 18504 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 fals ments herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsific4tion t aut rities. December 16, 2009 I torney for Plaintiff 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 ? Michele M. Bradford, Esq., Id. No. 69849 VJudit Romano, Esq., Id. No . 58745 R. Shah-Jani, Esq:, Id. No. 81760 . Davey, Esq., Id. No. 87077 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 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 `f - THE BANK Of NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 CIVIL DIVISION Plaintiff NO. 08-5463-CIVIL TERM VS. : CUMBERLAND COUNTY ROBERT A. DELRASO REBECCA M. DELRASO Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ROBERT A. DELRASO REBECCA M. DELRASO 51 EDGEWOOD DRIVE MECHANICSBURG, PA 17055-2710 "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 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710 is scheduled to be sold at the Sheriff s Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $234,953.17 obtained by THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2006-11 (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 s'.-pping the sale. (See notice on page two on how to obtain an attorney.) U MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RI EN IF TILE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happcned, you may call 215-563-7000. 4. If the ?ijno!unt 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 h,;ve 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. 7!. i s 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 tc ; 00) 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 s,'?le. 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 .P r SHORT DESCRIPTION By virtue of a Writ of Execution NO. 08-5463-CIVIL TERM THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2006-11 vs. ROBERT A. DELRASO REBECCA M. DELRASO owner(s) of property situate in the TOWNSHIP OF ALLEN, Cumberland County, Pcnn?vtvania, being (Municipality) 51 FDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710 Parcel No. 18-21-0287-004 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUD(-iMENT AMOUNT: $234,953.17 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 J FK Boulevard, Suite 1400 Viil<!:.clphia, PA 19103 -7000 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN LOWER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS 1,OLLOWS: BEGINNING AT A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD WHICH POINT IS ALSO THE DIVIDING LINE OF LOTS 8 AND 9, BLOCK A ON THE HEREINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG SAID LOTS 8 AND 9 NORTH 15 DEGREES 55 MINUTES EAST 213.13 FEET TO A POINT; THENCE ALONG LAND NOW OR FORMERLY OF ERCOL O. AND CONCETTA R. ACRI, SOUTH 79 DEGREES 42 MINUTES 30 SECONDS WEST 72.44 FEET TO A POINT; THENCE SOUTH 15 DEGREES 55 MINUTES WEST 181.14 FEET TO A POINT ON THE NORTHERN SIDE OF EDGEWOOD ROAD; THENCE SOUTH 74 DF, GREES 05 MINUTES EAST 65.00 FEET ALONG THE NORTHERN SIDE OF FDGEWOOD ROAD TO A POINT AND PLACE OF BEGINNING. BEING LOT NO. 8, BLOCK A ON THE FINAL PLAN OF PART OF BLOCKS A,C,D,E,F,G AND H ?VYNNEWOOD PARK AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN PLAN BOOK 27, PAGE 20. UNDER AND SUBJECT TO A 25 FEET BUILDING SET BACK LINE. Vested by Special Warranty Deed, dated 5/31/2006, given by William M. Gorman and Laura M. Gorman, husband and wife to Robert A. Delraso and Rebecca M. Delraso, 1-,usband and wife and recorded 6/5/2006 in Book 274 Page 4641 Instrument # 2006- (" 9358 PR EMISES BEING: 51 EDGEWOOD DRIVE, MECHANICSBURG, PA 17055-2710 P,IRCEL NO. 18-21-0287-004 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5463 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due the bank of new york, AS Trustee for THE CERTIFICATEHOLDERS CWABS, INC.L ASSET-BACKED CERTIFICATES, SERIES 2006-11, Plaintiff (s) From ROBERT A. DELRASO and REBECCA M. DELRASO (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 $234,953.17 L.L. $.50 Interest from 10/6/09 ($38.62 per diem) -- $9,268.80 Atty's Comm % Due Prothy $2.00 Atty Paid $175.00 Other Costs Plaintiff Paid Date: 12/18/09 // CLIT urti R. Long, Prothonotary (Seal) By - A , & ? Deputy REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 93337 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA, _ mown and numbered, 51 Edgewood Drive, Mechanicsburg, x: amore fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. LLJ - o- a Date: March 22, 2010 BA: Real Estate Coordinator 1 V cif ??/ if 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: April 16, April 23, and April 30, 2010 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. Writ No. 2008-5463 Civil Bank of New York as Trustee for the Certificateholders CWABS Inc. Asset-Backed L Sa Marie Co rn e ditor Certificates, Series 2006-6 VS. Robert A Delraso Rebecca M Delraso Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 08-5463-CIVIL, THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFI- CATES, SERIES 2006-11 vs. ROB- ERT A. DELRASO, REBECCA M. DELRASO, owners of property situate in the TOWNSHIP OF ALLEN, Cum- berland County, Pennsylvania, being 51 EDGEWOOD DRIVE, MECHAN- ICSBURG, PA 17055-2710. Parcel No. 18-21-0287-004. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $234,953- .17. SWORN TO AND SUBSCRIBED before me this 30 da, of f April. 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 0, j . w j The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ('fie Patr1*ot*#Xtws 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 Marianne Miller, 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared 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. YIMt Na =CbrY7T?rrm 9udt0tN6wywkasThw%a This ad ran on the date(s) shown below: for 1h,µ Certif Icarlsh"M CWAB? 04/16110 Ass4*eack0d Cerufk*tes, 9srlss 20066 04/23/10 Ys. ?..... Robert A 09lrsS0 04/30/10 Rebecca M : Sch . Atly- 0 .......... ehmJ s9 ... . .. ...... . By vitft a a Writ of Execution N(YW_51 3- Cr&TERM THE BANK OF NEW YORK AS-TRUSTEE Sworn to an bscribed bef re me s)18 day of May, 2010 A. D. FOR TILE CERFIPICATPWLDERS CWABS, INC. AS$ET BACKED CERTIFICATES, SERIFS 2006.11 1 , " ! G Vs. ROBERTA.DELRASO Notary Pbbf C REBECCA M. DELRASO owner(s) of wwaty sb* in the TOWNSHIP COMMONWEALTH OF PENNSYLVANIA OF C00% Pennsylvania, Notarial Seal being (Municipality) Sherrie L Kisner, Notary Public Lower Paxton TWp., Dauphin County 51 EDGEWOODDRMMECIMNICSBURG, my commission Expires Nov. 26, 2011 PA 17055-2710 Member, PennsvNania Association of Notaries PanelNo. i&21-11287-0% (A*vW or street ) Improvemeats thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $234,953.17 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 CWABS INC TR is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 18TH day of DEC, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5463, at the suit of CWABS INC TR against ROBERT A DELRASO & REBECCA M DELRASO is duly recorded as Instrument Number 201018304. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this F I1 , A.D. l 0 day of of Deeds Com jWw Lbn*dJm2 i