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HomeMy WebLinkAbout08-7140V, 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 1 ?r1GDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 191700 THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2003KS 10 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 Plaintiff V. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NVI 1 NO. Ot CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191700 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 (717) 249-3166 File #: 191700 1. Plaintiff is THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2003KS 10 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/12/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to HOMEOWNERS LOAN CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1844, Page 3525. By Assignment of Mortgage recorded 05/18/2004 the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATRION SYSTEMS, INC. which Assignment is recorded in Assignment of Mortgage Book No. 708, Page 1625. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File #: 191700 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/17/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $92,217.84 Interest $6,039.80 04/17/2008 through 12/02/2008 (Per Diem $26.26) Attorney's Fees $1,250.00 Cumulative Late Charges $603.38 09/12/2003 to 12/02/2008 Property Inspections $101.25 Cost of Suit and Title Search 750.00 Subtotal $100,962.27 Escrow Credit $0.00 Deficit $192.15 Subtotal 192.15 TOTAL $101,154.42 7. 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. File #: 191700 8. 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. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. The action does not come under Act 6 of 1974 because the original mortgage amount exceeds the dollar amount provided in the statute. 11. By virtue of the death of CARL E. SOUDERS on 04/22/2001, AACEILA M. SOUDERS A/K/A ARDELLA F. SOUDERS became sole owner of the mortgaged premises as surviving tenant by the entireties. File #: 191700 WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $101,154.42, together with interest from 12/02/2008 at the rate of $26.26 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: ?`"_ jD13 LAWRENCE T. P ELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE CHRISTOVALANTE P. FLIAKOS, ESQUIRE Attorneys for Plaintiff File #: 191700 LEGAL DESCRIPTION ALL those certain two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: Being Lots Nos. 19 and 20, Block 'L', of that certain Plan of Lots known as Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99. Said Lots having a frontage on Valley Street of 100 feet and extending in depth 150 feet to line of Lot No. 16, Block 'L', in the rear. PROPERTY BEING: 18 VALLEY STREET PARCEL# 40-22-0489-076 File #: 191700 VERIFICATION I hereby state that I am the attorney for the 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. 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. DATE: I / ? D Attey for Plaintiff File #: 191700 3z\ c? N C= CJ Ci- V c-n SHERIFF'S RETURN - REGULAR CASE NO: 2008-07140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THE BANK OF NEW YORK ET AL VS SOUDERS ARDELLA M ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SOUDERS ARDELLA M A/K/A SOUDERS ARDELLA F the DEFENDANT at 0021:14 HOURS, on the 18th day of December 2008 at 18 VALLEY STREET CARLISLE, PA 17013-3143 by handing to ARDELLA SOUDERS DEFENDANT 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 4.50 Affidavit .00 Surcharge 10.00 1.4"Iog 9, .00 3 Sworn and Subscibed to before me this day of , So Answers: -;:? ir R. Thomas Kline 12/19/2008 PHELAN HALLIAN & SCHMIEG By. A. D. 16 SHERIFF'S RETURN - REGULAR CASE NO: 2008-07140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THE BANK OF NEW YORK ET AL VS SOUDERS ARDELLA M ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FICKEL MARIETTA DEFENDANT the , at 0021:14 HOURS, on the 18th day of December , 2008 at 18 VALLEY STREET CARLISLE, PA 17013-3143 by handing to MARIETTA FICKEL DEFENDANT 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 ?2?d4?(?p ? 16.00 Sworn and Subscibed to before me this day of , So Answers: oor?,-? - R. Thomas Kline 12/19/2008 PHELAN HALLINAN & SCHMIEG By: Sheriff A. D. r, Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JP MORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 VS. ARDELLA M. SOUDERS, A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-7140 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 ARDELLA M. SOUDERS, A/K/A ARDELLA F. SOUDERS and MARIETTA FICKEL, 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 $101,154.42 Interest -12/03/2008 to 01/22/2009 $1,339.26 TOTAL $102,493.68 I hereby certify that (1) the addresses of the Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. A161JW 44?' Daniel G. Schmieg, Esquire Attorney for Plaintiff DAMAGES ARJE HEREBY ASSESSED AS INDICATED. DATE: / p PHS # 191700 PRO PR THY a Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 VS. ARDELLA M. SOUDERS, A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-7140 VERIFICATION OF NON-MILITARY SERVICE Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ARDELLA M. SOUDERS, A/K/A ARDELLA F. SOUDERS is over 18 years of age and resides at 18 VALLEY STREET, CARLISLE, PA 17013-3143. (c) that defendant MARIETTA FICKEL is over 18 years of age and resides at 18 VALLEY STREET, CARLISLE, PA 17013-3143. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ?7aur? / ? 1¢/%? Daniel G. Schmieg, Esquire Attorney for Plaintiff 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (21.5) 563-7000 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS 10 Plaintiff V. ARDELLA M. SOUDERS A/K/A ARDELAA F. SOUDERS MARIETTA FICKEL Defendant(s) TO: ARDELLA M. SOUDERS 18 VALLEY STREET CARLISLE, PA 17013-3143 DATE OF NOTICE: January 8, 2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL 08-7140 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square 1' 1 P 1 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Car is e, A 170 3 1 (717) 249-3166 (717) 240-6195 L Y HAIN Y egal Assistant PHS # 191700 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 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS 10 Plaintiff V. ARDELLA M. SOUDERS A/K/A ARDELAA F. SOUDERS MARIETTA FICKEL Defendant(s) TO: MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 DATE OF NOTICE: January 8,-2009 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL 08-7140 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. You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) 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 notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Legal Cumberland County Bar Association 32 South Bedford Street y Carlisle, PA 17013 ( 17) 249-3166 ILE CAj Y PHS 4 191700 ??Q Q C? ? -?i ? ? ? ?? ?? c... 1 -r, +i ?? +i t ? ? ? t)"1 *".: v . .?..?y ??iG.. C ..?. (Rule of Civil Procedure No. 236) - Revised THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 VS. : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL 08-7140 ARDELLA M. SOUDERS, A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 Notice is given that a Judgment in the above captioned matter has been entered against you on / 4a /Z) 9 By: 4)EPt77-"' If you have any questions concerning this matter please contact: Daniel G. Schmieg, Esquire Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY" CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMP N.A. AS SUCCESSOR TO JPMORGAN CHASE No. CIVIL 08-7140 BANK, N.A. AS TRUSTEE FOR RASC 2004KSIO Plaintiff, V. ARDELLA M.SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $102,493.68 Interest from 01/23/2009 - 06/10/2009 $2,374.12 and Costs (per diem -$17.08 ) TOTAL $104,867.80 DA L G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 191700 ?k d 0 w? a? o? a °z ©o FU o? U? ?W F? ?U Z Z wz o o?z??aw ooz?ad EA ? z W E`er"., ???Rq d oo 00 W A 0 w a caw a d ?+ ?F W O El a w ?Q M M M M N Rw C? w w z 414 ? U UU St . w g ?ww fz, o ? O '404 O w >> o g 00 U "I (,.) z 1 P 0 0 a z ` i 1 r. a f rn WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY N A AS SUCCESSOR TO JPMORGAN CHASE BANK N A AS TRUSTEE FOR RASC 2004KSIO Plaintiff (s) From ARDELLA M SOUDERS A/K/A ARDELLA F SOUDERS MARIETTA FICKEL (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 $102,493.68 L.L.$0.50 Interest FROM 01/23/2009 - 06/10/2009 (PER DIEM-$17.08) $2,374.12 Atty's Comm % Atty Paid $ 167.50 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) Due Prothy $2.00 Other Costs A iCadis R. Long, Pr By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7140 Plaintiff, V. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DA.IO G. SCHMIEG, ESQUIRE Attorney for Plaintiff c? c :ra - Cif THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA ti THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KSIO Plaintiff, V. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7140 AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION _FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,18 VALLEY STREET, CARLISLE, PA 17013-3143. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 18 VALLEY STREET CARLISLE, PA 17013-3143 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: i Ve Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 18 VALLEY STREET CARLISLE, PA 17013-3143 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswo alsification to authorities. February 23, 2009 DATE aL. S IEG, ESQUIRE Attorney for Plaintiff C"7 r--o c 717 t't THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 Plaintiff, V. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL Defendant(s). TO: ARDELLA M. SOUDERS AK/A ARDELLA F. SOUDERS 18 VALLEY STREET CARLISLE, PA 17013-3143 February 23, 2009 CUMBERLAND COUNTY No. CIVIL 08-7140 MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 18 VALLEY STREET, CARLISLE, PA 17013-3143, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $102,493.68 obtained by THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. LEGAL DESCRIPTION ALL those certain two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: Being Lots Nos. 19 and 20, Block IL', of that certain Plan of Lots known as Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99. Said Lots having a frontage on Valley Street of 100 feet and extending in depth 150 feet to line of Lot No. 16, Block W, in the rear. TITLE TO SAID PREMISES IS VESTED IN Carl E. Souders and Ardella F. Souders, his wife, by Deed from Ardella M. Fickel, now intermarried with Carl E. Souders and Carl E. Souders, her husband, dated 02/05/1955, recorded 02/05/1955 in Book 16F, Page 489. PREMISES BEING: 18 VALLEY STREET, CARLISLE, PA 17013-3143 PARCEL NO. 40-22-0489-076. r AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 DEFENDANT(S) ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL SERVE ARDELLA M. SOUDERS AIWA ARDELLA F. SOUDERS AT: 18 VALLEY STREET CARLISLE, PA 17013-3143 CUMBERLAND COUNTY No. CIVIL 08-7140 ACCT. #151740 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to Q RbELU SbuafRSSERVED Defendant, on the day of 440-CO -, 200, at , 11 o'clock -P.m., at ($ l/?it. S 79"r. 72.1.1 SI.E Commonwealth of Pennsylvania, in the manner described below: C-_: r.? `=' Defendant personally served. _ Adult family member with whom Defendant(s) reside(s). Name and Relationship is -' -- Adult in charge of Defendant(s)'s residence who refirsed to give name or relationship. n rn cp Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company - rr Other: -. -? Description: Age ab! Height 516 . Weight 1610 Race 1'y Sex P Other L-1 .< I, _. Z p il..D l r t o LA- . 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 su ribed 1?'0 of me this 20 By: PLLrA2kK A,1T;C,MPP SERVICE AT LEAST 3 TIMES. INDICATE DATES & TEVIES OF SERVICE ATTEMPTED. State of Py4w+t NOT SERVED PATMCiA E. HARf%IS 8noission Expir%y4M 18, gotg 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1r Attempt: / / Time: 3rd Attempt: Sworn to and subscribed before me this day of .200_. Notary: By: Vacant 2°d Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHNIfEG, Esqui" - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 /0 2.1; AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 DEFENDANT(S) ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL SERVE MARIETTA FICKEL AT: 18 VALLRY STREET CARLISLE. PA 17013-3143 CUMBERLAND COUNTY No. CIVIL 08-7140 ACCT. #191700 Type of Action - Notice of Sheriff's Sale Sate Date: JUNE 10, 2009 SERVED Served and made known to &M I ETTA Pl CKEt- Defendant, on the 9'?A day of /WA&14 , 200- at I`(: t 1 . o'clock f->m., at Or V*"Ey '6t"FT I (Wt tSLF_ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ,L _Adult family member with whom Defendant(s) reside(s). Name and Relationship is ARDrao? So4 bas, Sr57t-+Z Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: a Description: Age '90 S Height ?O Weight 160 Race W Sex F Other I, KaWki b M0 Lt_ . 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 SheritPs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. t? C ? Sworn to and su ibed 711 e me this , day : n r- of 2009: h /? ca ?'- c By: t'3 ??L LV p PL 'ry F?uTbj?E SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SHRVI*(_? JC? rn State of NOw Jersey ATTEMPTED. PA i '"''A E. HARRIS =r Coarmission Expires June 18, 2013 NOT SERVED ' On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1't Attempt: Time: 2bd Attempt: Time: 3rd Attempt: Timer Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCEMIM, Esquire - I.D. No. 62205 Of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 (r? a 17- t? THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KSIO VS. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL I, - t Esq. attorney for THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 hereby verify as follows: : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 08-7140 AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit «A„ DATE: 'S-J? A ao 7 BY: 'I / &-ev? -, - 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 Attorneys for Plaintiff r? d C ~° ? V V o y ?y z c ao- ? o? 0 on aW?o a a? Xoozz OK tom O ? ? v ? ron °o, r a NO WXyr O ?CD ?? p ?? c n ?tr1y v?X ?rnz ? tr?v? t7x?? a ° y ° (71 ? v ? o 5 O Z cC c ' C D o ? o ? a o o y V n ?? ? V Q ? O n N? N ' ?? wyH ° w7d° C ? y H b Z ?? w >tri ?O d. ? cn t? d< q eo (x Z r O. ? 0 n ^ Y O o O ?. o N. s ? n c? o v a 7 00 ? v b b C Lin F y a (D a W oo? ^ oo^ ??] o i? O /b N.. LA 00 '...? 3oyo m n O p a.? n CD : A? O'L G. 0 0 0' e N ~t N • O (gyp ? qq S o" rv W w . co c ice. a ?i 0. c) .C+ O. O n ryry N R O ?. ? ? y rJ O O O ^ Q es v/.q P ?, y? `eF -j „dam a PITNEY BOWES Yp O^ ?? b .y 02 1M 02.780 ? E w 000421 801 0 FES 24 2009 , w MAILED FROM ZIP CODE 19 10 3 0 0 ^ ? 'a ? p 0. o' m ^ 5 o E K 3 e:o ^ ^ o a. 5' ° o g w E . "ae A a? ? y A a?br 0 CD nab xr r ? o yO? yJ l ' yt I I 1 2009 PHELAN HALLINAN & SCHMIEG 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 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 Andrew L. Spivack, Esq., Id. No. 84439 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 Plaintiff VS. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS and MARIETTA FICKEL Defendant(s) ATTORNEY FOR PLAINTIFF 191700 CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION : NO. CIVIL 08-7140 PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RASC 2003KS10, located at 1100 VIRGINIA DRIVE, P.O. BOX 8300FORT WASHINGTON, PA 19034. P AN HALLINAN & MIEG, LLP By. lan Hallinan & Schmieg, L P 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 Fa tal R. Shah-Jani, Esq., Id. No. 81760 e R. Davey, Esq., Id. No. 87077 en 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 Attorneys for Plaintiff ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as TAu tee for RASC 2003KS10, use plaintiff. AN &-"MIEG, LLP 6 114104 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 FuraenR. tal R. Shah-Jani, Esq., Id. No. 81760 e R. Davey, Esq., Id. No. 87077 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 Attorneys for Plaintiff ?i If- FILED -C)? ''«„ ` f +,,RY 0 JUN 19 AM ! I : a i ?, 04 q4? In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-7140 Civil Term FLET) r. )'r ` T ! t4,Ry 12 ;x. 1fy i' The Bank of New York Mellon Trust Company, National Association f/k/a the Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank, N.A. as Trustee for RASC 2004KS10 Vs Ardella M. Souders, a/k/a Ardella F. Souders and Marietta Fickel Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on March 6, 2009 at 1118 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Ardella M. Souders, a/k/a Ardella F. Souders and Marietta Fickel, by making known unto Ardella M. Souders, a/k/a Ardella F. Souders, personally, at, 18 Valley Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0833 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ardella M. Souders, a/k/a Ardella F. Souders and Marietta Fickel, located at, 18 Valley Street, Carlisle, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Ardella M. Souders, a/k/a Ardella F. Souders and Marietta Fickel, by regular mail to their last known address of 18 Valley Street, Carlisle, PA 17013. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 ,Poundage 15.50 Posting Bills 15.00 Advertising 15.00 Law Library 50 Prothonotary 2.00 Milage 9.00 ;Levy 15.00 Surcharge 30 00 Law Journal . 355.00 Patriot News 247.99 Share of Bills 15.43 Post Pone Sale 40.00 790.42 f A?a a/ a 9 9-- S e * m4c R. Thomas Kline, Sheriff By Real Estate Coordinator J"d ?, ?zyy 3 THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 Plaintiff, V. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL 08-7140 AFFIDAVIT PURSUANT TO RULE 3129 THE BANK OD NEW YORK MELLON TRUST COMPANY NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,18 VALLEY STREET, CARLISLE, PA 17013-3143 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 18 VALLEY STREET CARLISLE, PA 17013-3143 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) PENNSYLVANIA HOUSING FINANCE AGENCY 211 NORTH FRONT STREET P.O. BOX 15530 HARRISBURG, PA 17105-5530 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 18 VALLEY STREET CARLISLE, PA 17013-3143 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the ,penalties of 18 Pa. C.S.A. § 4904 relating to unsDL ification to authorities. February 23, 2009 DATE G. S IEG, ESQUIRE Attorney for Plaintiff THE BANK OD NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE j BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 Plaintiff, V. ARDELLA M. SOUDERS A/K/A ARDELLA F. SOUDERS MARIETTA FICKEL Defendant(s). CUMBERLAND COUNTY No. CIVIL 08-7140 February 23, 2009 TO: ARDELLA M. SOUDERS AK/A ARDELLA F. SOUDERS 18 VALLEY STREET CARLISLE, PA 17013-3143 MARIETTA FICKEL 18 VALLEY STREET CARLISLE, PA 17013-3143 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WASNOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 8 VALLEY STREET, CARLISLE, PA 17013-3143, is scheduled be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, uth Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $102,493.68 obtained by UK(iA1V U11ASE BANK, N.A. AS TRUSTEE FOR RASC 2004KS10 (the mortgagee) against In the event the sale is continued, an announcement will be made at said sale in compliance with C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. LEGAL DESCRIPTION ALL those certain two lots of ground situate in South Middleton Township, Cumberland Coun , Pennsylvania, more particularly described as follows: Being Lots Nos. 19 and 20, Block'L', of that certain Plan of Lots known as Carlisle Manor Exten 'on, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99. Said Lots having a frontage on Valle Street of 100 feet and extending in depth 150 feet to line of Lot No. 16, Block 'L', in the rear. i i i Lt i v SAiu PREMISES IS VESTED IN Carl E. Souders and Ardella F. Souders, his wife, by Deed rom Ardella M. Fickel, now intermarried with Carl E. Souders and Carl E. Souders, her husband, dated 02/05/1955, recorded 02/05/1955 in Book 16F, Page 489. PREMISES BEING: 18 VALLEY STREET, CARLISLE, PA 17013-3143 PARCEL NO. 40-22-0489-076. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON TRUST COMPANY, NATIONAL ASSOCIATION FKA THE BANK OF NEW YORK TRUST COMPANY N A AS SUCCESSOR TO JPMORGAN CHASE BANK N A AS TRUSTEE FOR RASC 2004KSIO Plaintiff (s) From ARDELLA M SOUDERS A/K/A ARDELLA F SOUDERS MARIETTA FICKEL (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 $102,493.68 L.L.$0.50 Interest FROM 01/23/2009 - 06/10/2009 (PER DIEM-$17.08) $2,374.12 Atty's Comm % Atty Paid $ 167.50 Plaintiff Paid Date: FEBRUARY 25, 2009 (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Due Prothy $2.00 Other Costs Curti 911 . Long, P otary By: Deputy TRUE COPY FROM RECORb 'ssfimony whereat, I here unto sat my harms j the seal, of said Court at Carlisle. Pe. n s day ai!?? ?._.. Prothonp?t'v Real Estate Sale # 74 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middletown Township, Cumberland County, PA Known and numbered as 18 Valley Street, Carlisle, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By: 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: May 1, May 8, and May 15, 2009 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. 110'?Z - ?? e- e 'sa Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 5 day of May. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Rf6A,L AliTAM OILS NO. 74 Writ No. 2008-7140 Civil The Bank of New York Mellon Trust Company, National Association f/k/a the Bank of New York Trust Company, N.A. as Successor to JP Morgan Chase Bank, N.A. as Trustee for RASC 2004KS10 vs. Ardella M. Souders a/k/a Ardella F. Souders and Marietta Fickel Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL those certain two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly de- scribed as follows: Being Lots Nos. 19 and 20, Block `L', of that certain Plan of Lots known as Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99. Said Lots having a frontage on Valley Street of 100 feet and extending in depth 150 feet to line of Lot No. 16, Block Z', in the rear. TITLE TO SAID PREMISES IS VESTED IN Carl E. Souders and Ardella F. Souders, his wife, by Deed from. ArdeRs. M. Flckel, now inter- married with Carl E. Souders and Owl E. Saudws, her husband, dated 02/05/1955, recorded 02/05/ 1955 in Bogie 16F, Page 489. PREMISES BEING: 18 VALLEY STREET, CARLISLE, PA 17013- 3143. PARCEL NO. 40-22-0489-076. The Oatriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 7111-255-8213 CUMBERLAND COUNTY SHERIFFS OF (;UMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the Patr1*0t'WXtW5 Now you know 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-flews were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever s nce; 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 he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 z ..?-. . ...... . Sworn subscribed before me this 12 day of May, 2009 A.D. 4 Notary Public !COMMONwEALrH OF (PENNSYLVANIA Notarial Seal 4 Sherrie L. Kisner, Notary Public City OX HaRisbuig, Dauphin County 5 My Cortxnission Expires Nov. 2MII? 2011 Member, Pennsylvania Association of Notaries Beal Estate Sale No. 74 Writ No. 2008-7140 Civil Term The Bank of New York Mellon Trust Company, National Association f/k/a the Bank of NewYorkTrust Company, N.A. as Successor to JP Morgan Chase Bank, N.A. as Trustee for RASC 2004KS10 VS Ardella M. Souders, a/k/a Ardella F. Souders and Marietta Flckel Attorney Daniel Schmieg LEGAL DESCRIPTION ALL those certain two lots of ground situate in South Middleton Township, Cumberland County, Pennsylvania, more particularly described as follows: Being Lots Nos. 19 and 20, Block 'L', of that certain Plan of Lots known as Carlisle Manor Extention, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 99. Said Lots having a frontage on Valley Street of 100 feet and extending in depth 150 feet to line of Lot No. 16, Block `L', in the rear. TITLE TO SAID PREMISES IS VESTED IN Carl E. Souders and Ardella F. Souders, his wife, by Deed from Ardella M. Fickel, now intermarried with Carl E. Souders and Carl E. Souders, her husband, dated 02105/1955, recorded 02/05/1955 in Book 16F, Page 489. PREMISES BEING: 18 VALLEY STREET, CARLISLE, PA 17013-3143 PARCEL NO. 40-22-0489-076.