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Home My WebLink About09-0175 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 193803 U.S BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION, SERIES 2005-AR1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff v. JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ~ (~ I ~ NO. P~ _ 17S CUMBERLAND COUNTY CIVIL ACTION -LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 193803 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 aze wazned 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 MAYBE 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: C~-mberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 193803 1. Plaintiff is U.S BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION, SERIES 2005-AR1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/18/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1913, Page 0978. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/01/2008 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. File #: 193803 6. The following amounts are due on the mortgage: Principal Balance $143,217.02 Interest $5,622.12 08/01/2008 through 01/09/2009 Attorney's Fees $1,250.00 Cumulative Late Charges $0.00 06/18/2005 to 01/09/2009 Cost of Suit and Title Search 750.00 Subtotal $150,839.14 Escrow Credit ($1,770.33) Deficit $0.00 Subtotal 1 770.33 TOTAL $149,068.81 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above maybe 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 Sheriff s 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. File #: 193803 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. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $149,068.81, together with interest from 01/09/2009 at the rate of $34.92 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: ~ '~ v'~r.'~'~-~ wrence T. elan, Esq 're ancis 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 Attorneys for Plaintiff File #: 193803 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the Improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Public Road leading from the Carlisle- Newville Road to Greeson; thence along property now or formerly of Charles F. Nelson and wife, South 84 degrees 45 minutes East a distance of 53.5 feet to a post; thence by same, South 57 degrees30 minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig, South 42 degrees West a distance of 33 feet to a stake; thence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees 15 minutes West a distance of 102.35 feet to a point in the center of the Public Road above described, thence by center of the above~Public Road, North 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. THE forgoing description is in accordance with a survey made by T. Elliot Middleton, a registered surveyor, March 27, 1947. PROPERTY BEING; 251 MCALLISTER CHURCH ROAD PARCEL# 46-19-1659-023 File #: 193803 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. T ~ o~r~w orney for Plainriff DATE: ~ ~ '0 File #: 193803 ,, C? ~ ~ ~ ~ . \Z R.._ ~ ~L ~}, !~, ~~ .yam '~{,~ -~y.-+' ~-_ 4 ~ ~ ,~ ~-=~~" (~ ~J V - ~~ t .- { ~ W ~ L' s t ~F1,7 -~ ~ ~~;°t1,n~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA U.S BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION, SERIES 2005- AR 1 Plaintiff v. Court of Common Pleas Civil Division CUMBERLAND County No. CIVIL-09-175 JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendants RULE AND NOW, this 3t « day of y~- r~2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Za ot~1 ~~ ,t.~r,L . Rule Returnable , a. BY THE OURT ~, r 7 J. / Michele M. Bradford, Esq., Id. No. 69849 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 251 MCALLISTER CHURCH ROAD CARLISLE, PA 1701 S Co~~'es ~~i~o q rn~ / ~FFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY 1525 NEWVILLE ROAD CARLISLE, PA 17015-9489 193803 Fft~D--~~~~~~,^r 2G09 SEA' -1 ~~ ~~ ~ D SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson F1tEc~-~~!%=r+~~ Sheriff f f)i` r~ N ~'.~rr;n Jody S Smith Chief Deputy Z~ ~ O ~~ ~ t ~ aid ~; ~ ~ Edward L Schorpp SolrCrtor :~~: - .~ C~Pr'I~_ _ ~ ' ~u~'~'iY ~~:i~~a~`~ ~7~~J='',~'Jr.~ U.S. Bank National Association vs. Jeffrey L Carey Case Number 2009-175 SHERIFF'S RETURN OF SERVICE 06/20/2009 12:21 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 1220 hours, he 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: Jeffrey L. Carey, by making known unto, Leann Carey, wife, at, 1525 Newville Road, Carlisle, Cumberland County, Pennsylvania its contents and a the same time handing to her personally the said true and correct copy of the same. 06/20/2009 12:21 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 1220 hours, he 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: Leann Carey, by making known unto, Leann Carey, personally, at, 1525 Newville Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/25/2009 11:53 AM -Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1153 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 Jeffrey L. Carey and Lea Anne Carey, located at, 251 McCallister Church Road, Carlisle, Cumberland County, Pennsylvania according to law. 08!14/2009 Property sale postponed to 11/4/2009. 11/04/2009 Property sale postponed to 1/6/2010. 01/04/2010 Property sale cancelled on 1/4/2010 01/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned Stayed per letter of instruction from Attorney Schmieg. SHERIFF COST: $768.08 January 08, 2010 SO ,. ~S NNY R ANDERSON, S `~ ~r^a ,.5 ~~~3~~4 s3 ~~ ~3~ _ U.~ BANK NATIUNAL, ASSOCIATION AS TRUST~',E FOR THE STRUCTURED ASSET SECURITIES CORPORATION, SERIES 2005-ARl v. Plaintiff, JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-175 AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION, SERIES 2005-ARl, 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 ,251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015 1. Name and address of Owner(s) or reputed Owner(s): Name JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Last Known Address (if address cannot be reasonably ascertained, please indicate) 1525 NEWVILLE ROAD CARLISLE, PA 17015 1525 NEWVILLE ROAD CARLISLE, PA 17015 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: e Name Last Known Address (if address cannot be _ _ __._ e ~~~ #~--~ ~ _ ;~~~~ ~ .... ~. .: _ ~ ,.~ ~.,, ~~.._ _, ..9, . _ .. reasonably ascertained,:please indicate) ; _ _.. _ _. _ -, . ~+«e!~?~rkNOlle~`~.r~r;.., . ..b-~+~.+.a ;y:'sp+~+F1k+cw .,~a~.yr: ., _. _ _ _._ _~ ..~ ~ , .. w. Rt,~, 4. Name and address of last recorded holder of every mortgage of record: Name REDEVELOPMENT AUTHORITY OF THE COUNTY OF CUMBERLAND Last Known Address (if address cannot be reasonably ascertained, please indicate) 114 NORTH HANOVER STREET CARLISLE, PA 17013 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 maybe 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 maybe 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 251 MCALLISTER CHURCH ROAD CARLISLE, PA 17015 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 -..x--. . , .. I... __ .._ . . ~,, ven that the'statements made m this affidavit are true and correct to the beef of my personal knowledge or information and belief. I understand that false statements herein are made subject to the fit. penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. March 27, 2009 ~~~ ~ ~Q _ DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION AS :. CUMBERLAND COUNTY ,; . ,_ `TRUSTEE FOR THE STRUCTURED ASSET ; SECURITIES CORPORATION SERIES 2005-ARl No CIVII.-09 175. , T~Y~~ ..._ ., _.,.. , ._ . ~._ . , ~,~ ,.~m, ., . ~ . , , r --,r,~ ~, H Plaintiff, ~.. _.... .. 3 ...:e-_, Yk U-c3G u- It :_ 1'....~ v. . ,_., _ ~ .,~ ti~ ~4_ z _ ,, ~, . .,, r. ~ ~~, ._.~:_ _~ .~ __. .... ::JEFFREY L. CAREY _ _ ...:. _... ~ ~ _.:. A/K/A JEFFREY CAREY LEANN CAREY Defendant(s). TO: JEFFREY L. CAREY A/KIA JEFFREY CAREY 1525 NEWVILLE ROAD CARLISLE, PA 17015 March 27, 2009 LEANN CAREY 1525 NEWVILLE ROAD CARLISLE, PA 17015 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TD COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPDSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013; to enforce the court judgment of $150,640.21 obtained by U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION. SERIES 2005-ARl (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 maybe 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,~;,.,~,4 RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.~~ , ~ ., ..,~ : =. ._. , . ~ _ :: w. ..~ _ .,> _ ,_ _ ;._ ~~ :_ .F ~ ~ ~ .. . . _ -_ ._ _.. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may `' fmd out the price bid by calling X215) 563-7000. 2. You maybe able to petition the Court to set aside the sale if the bid price. was grossly inadequate compazed 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 maybe 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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of the Public Road leading from the Carlisle- Newville Road to Greeson; thence along property now or formerly of Charles F. Nelson and wife, South 84 degrees 45 minutes East a distance of 53.5 feet to a post; thence by same, South 57 degrees30 minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig, South 42 degrees West a distance of 33 feet to a stake; thence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees 15 minutes West a distance of 102.35 feet to a point in the center of the Public Road above described, thence by center of the above Public Road, North 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jeffrey L. Carey and Leann Carey, by Deed from Jeffrey L. Carey, dated 06/18/2005, recorded 07/05/2005 in Book 269, Page 3514. PREMISES BEING: 251 MCALLISTER CHURCH ROAD, CARLISLE, PA 17015 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-175 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION as trustee for THE STRUCTURED ASSET SECURITIES CORPORATION, SERIES 2005-ARl, Plaintiff (s) From JEFFREY L. CAREY a/k/a JEFFREY CAREY LEANN CAREY (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 $150,640.21 L.L. $.50 Interest from 2/24/09 - 9/02/09 (per diem - $24.76) -- $4,729.16 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $214.00 Other Costs Plaintiff Paid Date: 3/30/09 Curtis R. Lo othon tary (Seal) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN &SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as, 251 McAllister Church Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2009 By: Rea Estate Coordinator ~~~~~~ ~~ij :~ ~ (~ Ci`srt lu~c ,,~ ~~~~~~ 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 Cazlisle 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 regulazly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regulaz editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 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 chazacter of publication aze true. SWO~V TO AND SUBSCRIBED before me this da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 ice. axr~~ awry xo. is Writ No. 2009-175 Civil U.S. Bank National Association as Trustee for the Structured Asset Securities Corporation, Series 2005-AR1 vs. Jeffrey L. Carey a/k/a Jeffrey Carey, Leann Carey Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erect- ed, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylva- nia, more particularly bounded and described as follows: BEGINNING at a point in the center of the Public Road leading from the Carlisle Newville Road to Greeson; thence along property now or formerly of Charles F. Nelson and wife, South 84 degrees 45 minutes East a distance of 53.5 feet to a post; thence by same, South 57 degrees3O minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig, South 42 de- grees West a distance of 33 feet to a stake; thence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees 15 minutes West a distance of 102.35 feet to a point in the center of the Public Road above described, thence by center of the above Public Road, North 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jeffrey L. Carey and Leann Carey, by Deed from Jef- frey L. Carey, dated 06/18/2005, recorded 07/05/2005 in Book 269, Page 3514. PREMISES BEING: 251 McAL- LISTER CHURCH ROAD, CARLISLE, PA 17015. - 1, The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cue ~latriot-News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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. PUBLICATION COPY Sale No. 15 WrR No. 2009-175 Clvll Term ~.5. Bank Natlonel Assoclatlon as Trustee for the Structured ', Asset.SscurRles 'Corporation, Series 2005-AR1 ~s. Jeffrey L Carey alk/a Jeffrey Carey Leann Carey Arty: Denlel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in the Township of West Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, more particulazly bounded and described as follows: IEGINNING at a point in the center of the Public Road leading from the Carlisle Newville Road to Greeson; thence along property now or formerly of ~Itazles ft Nelson and wife, South 84 degrees 45 minutes East a distance of 53.5 feet to a post; thence by same, South 57 degrees 30 minutes East a distance of 219.8 feet to a stake at three Locust Trees; thence along lands now or formerly of Lawrence Heberlig, South 42 degrees West a distance of 33 feet to a stake; thence by same, North 56 degrees 45 minutes West a distance of 141.66 feet to a stake; thence by same, North 79 degrees. 15 minutes West a distance of 102.35 feet to a This ad ran on the date(s) shown below: 07/24/09 _ _ 07/31/09 08/07/09 ~ ~/~ /~ Sworn to an~ubscribed before rile this'14 da~Vof August, 2009 A.D. ~ ~ ~i i ~' -,_ Notary Public point in the center of the Public Road above described, thence by center of the above Public Road, Notth 5 degrees 30 minutes East a distance of 50.84 feet to a point, the place of BEGINNING. TITLE TO 5AID PREMISES IS VESTED IN Jeffrey L. Carey and Leann Cazey, by Deed from Jeffrey L. Cazey, dated 06/18/ 2005, recorded 07/0512005 in Book 269, Page 3514. PREMISES BEING: 251 MCALLISTER CH1iRCH ROAD, CARLISLE, PA 17015 COMMONWEALTH CIF PENNSYLVANIA Notarial Sea! Sherrie L. Kisser, Notary Public City Of Harrisburg, Datupttin County My Commission Expires Nov. 26, 2011 Mlember, Pennsylvania Association of Notaries Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563•-7000 Attorney For Plaintiff U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE STRUCTURED ASSET SECURITIES CORPORATION, SERIES 2005-AR1 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County vs I No. CIVIL-09-175 JEFFREY L. CAREY A/K/A JEFFREY CAREY LEANN CAREY Defendant PRAECIPE - TO THE PROTHONOTARY: Please vacate the judgment(s) entered and mark the action discontinued and ended without: prejudice. 1 Date: 11, 2010 PH1LN HALLINAN & S HMI 9 o a 9 By: /I 1A AAZS-A r rence T. Phelan, Esq., Id. No: -3 7 mantis 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 al R. Shah-Jani, Esq., Id. No. 81760 J96ne R. Davey, Esq., Id. No. 87077 X,auren 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. 140.'90134 Chrisovalante P. Fliakos, Esq., Td. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq.-,: Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 193803 Attorneys for Plaintiff TD Oki - 0? %A%Cl