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HomeMy WebLinkAbout09-2919v 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 drew L. Spivack, Esq., Id. No. 84439 aime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 146786 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET- BACKED CERTIFICATES, SERIES 2004-6 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. DOMINIC J. SARAGO TINA J. SARAGO 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM el V? l NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 146786 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 #: 146786 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: DOMINIC J. SARAGO TINA J. SARAGO 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/28/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR FULL SPECTRUM LENDING, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1871, Page 2461. By Assignment of Mortgage recorded 12/02/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200838457. 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 02/01/2007 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 #: 146786 6. The following amounts are due on the mortgage: Principal Balance $195,343.87 Interest $35,506.88 01 /01 /2007 through 05/05/2009 (Per Diem $41.48) Attorney's Fees $1,300.00 Cumulative Late Charges $2,116.40 06/28/2004 to 05/05/2009 Property Inspections $406.00 Cost of Suit and Title Search 750.00 Subtotal $235,423.15 Escrow Credit ($404.74) Deficit $0.00 Subtotal 404.74 TOTAL $235,018.41 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. 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 File #: 146786 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. This action does not come under Act 91 of 1983 because the mortgage is more than twenty-four (24) months in arrears. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $235,018.41, together with interest from 05/05/2009 at the rate of $41.48 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: ooiw /-V La ence 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 Attorneys for Plaintiff File #: 146786 LEGAL DESCRIPTION ALL THOSE CERTAIN three tracts of land situate in the County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: ALL THE FOLLOWING described two lots of ground situate on the East side of Broad Street, in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded described as follows, to wit: BEGINNING on the West by Broad Street on Plan of Lots hereinafter mentioned, on the North by Lot No. 20 in said Plan, on the East by an alley, on the South by Lot No. 23 in said Plan. Each said lot containing 30 feet in front on Broad Street and each extending in depth an equal width from the building line of said Broad Street 150 feet to the Alley aforesaid. Being Lots Nos. 21 and 22 on Plan of Lots laid out by the Valley Improvement Company, and known as Glenwood Terrace, said Plan being recorded in the Recorder's Office in and for said Cumberland County in Plan Book 1, Page 31, and having erected thereon a two and one-half story frame dwelling house. TRACT NO. 2: ALL THOSE TWO CERTAIN lots of ground situate on the East side of Broad Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at the building line, corner of Broad and Valley Streets; thence by the building line of said Broad Street North 65 feet to corner of Lot No. 22 on Plan of Lots hereinafter mentioned, File #: 146786 formerly the property of H.B. Markley but now or formerly the property of Roy C. Carbaugh; thence by said Lot Eastward 150 feet to an alley; thence by said alley Southward 52 feet to the building line of Valley Street aforesaid; thence by the building line of Valley Street Westward 150.8 feet to the building line of Broad Street, the Place of BEGINNING. BEING lot Nos. 23 and 24 on Plan of Lots laid out by Valley Improvement Company and known as Glenwood Terrace, said Plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 31. TRACT NO. 3: ALL THAT CERTAIN lot of ground situate on Broad Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being Lot No. 20 on Plan of Lots laid out by Valley Improvement Company and known as Glenwood Terrace, said plan being recorded in the Recorder's Office in and for Cumberland County in Plan Book 1, Page 31. Said Lot No. 20 being bounded and described as follows, to wit: BEGINNING at the building line of the East side of Broad Street at corner of Lot No. 21 on said Plan of Lots; thence by said Lot Eastward 150 feet to an alley; thence by said alley Northward 43 feet to land now or formerly of A.W. Millelsen heirs; thence by said land Westward 150.8 feet to the building line of Broad Street aforesaid; thence by said building line of Broad Street Southward 30 feet to the Place of BEGINNING. File #: 146786 THE ABOVE described premises are improved with a split-level, one family brick and redwood siding dwelling house known and numbered as 215 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. PARCEL# 20-24-0785-214 File #: 146786 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. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Gj?:cru7C Q/J/J? QAO?/Z- Atto4ey for Plaintiff DATE: 5- (P -PI File #: 146786 41 , 050TARY a THE F 2009 MAY I 1 AM 10: 11 Am, Sheriffs Office of Cumberland County R Thomas Kline Sheriff Edward L Schorpp Solicitor Ronny R Anderson Jody S Smith Chief Deputy 4FF4C_ -;F -hF S-E i, Fly Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 05/12/2009 09:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2009 at 2105 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Dominic J. Sarago, by making known unto himself personally, defendant at 215 South Broad Street Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 05/12/2009 09:05 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on May 12, 2009 at 2105 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Tina J. Sarago, by making known unto herself personally, defendant at 215 South Broad Street Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $53.00 SO ANSWERS, May 13, 2009 2009-2919 Bank of New York VS Dominic J. Sarago R THOMAS KLINE, SHERIFF By D ut Sheriff « F11 C_J' 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 Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 VS. DOMINIC J. SARAGO TINA J. SARAGO Attorney for Plaintiff : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-2919 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 DOMINIC J. SARAGO, and TINA J. SARAGO, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $235,018.41 Interest - 05/06/2009 to 06/22/2009 $1,991,04 TOTAL $237,009.45 I hereby certify that (1) the Defendants' last known address is 215 SOUTH BROAD STREET, MECHANICSBURG, PA 17055, and (2) that notice een given in accordance with Rule 237.1, copy attached. ? ?1 Lawrence . 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: PHS # 146786 PROTHONOTARY 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 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION VS. DOMINIC J. SARAGO TINA J. SARAGO : No. CIVIL-09-2919 VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney, hereby verifies that he/she is 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 DOMINIC J. SARAGO is over 18 years of age and resides at 215 SOUTH BROAD STREET, MECHANICSBURG, PA 17055. (c) that defendant TINA J. SARAGO is over 18 years of age and resides at 215 SOUTH BROAD STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Lawr ce . 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 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET- BACKED CERTIFICATES, SERIES 2004-6 Plaintiff V. DOMINIC J. SARAGO, A/K/A DOMINIC JOSEPH SARAGO TINA J. SARAGO Defendant(s) TO: TINA J. SARAGO 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: June 2, 2009 COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-2919 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. EWPORTANT 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 # 146786 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: - VU" Lawr ce T. Phelan, Esq., d. No. 32227 Francis S. Hallinan, Esq., d. 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. 20:2331 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 146786 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET- BACKED CERTIFICATES, SERIES 2004-6 Plaintiff v DOMINIC J. SARAGO, A/K/A DOMINIC JOSEPH SARAGO TINA J. SARAGO Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. CIVIL-09-2919 CUMBERLAND COUNTY TO: DOMINIC J. SARAGO, A/K/A DOMINIC JOSEPH SARAGO 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: June 2, 2009 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE. YOU HAVE FAILED TO ENTER A WRITTEN 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 # 146786 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: LawjL9h ce T. Phelan, Es., 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 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 146786 FILED-C.), OF THE: Ir C ? ... I/ i1v m OY Cry 8i? 19i l?lO?ia (Rule of Civil Procedure No. 236) - Revised BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 VS. DOMINIC J. SARAGO TINA J. SARAGO 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. CIVIL-09-2919 Notice is given that a Judgment in the above captioned matter has been entered against you on If/ Ali' ??e?uf By:1???? J ? DEPUTY If you have any questions concerning this m lease contact: * * 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 COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Lawr nc helan, 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 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~" - ' _ - Sheriff ~~~,,~ ~a(~ ~ - ~ _ -"~ Jody S Smith ` "~~ Chief Deputy ~ _ _` ~ ~. ~ _, .- , :.. n . i - Richard W Stewart "' ~° Solicitor - .: . Bank of New York as Trustee Case Number vs. Dominic J. Sarago (et al.) 2009-2919 SHERIFF'S RETURN OF SERVICE 04/01/2010 06:01 PM -Mick Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 11, 2010 at 1801 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 Dominic J. Sarago & Tina J. Sarago, located at 215 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04101/2010 Mick Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1801 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: Dominic J. Sarago, by making known unto, Domonic J. Sarago, personally, at 215 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/01/2010 Mick Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 1, 2010 at 1801 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: Tina J. Sarago, by making known unto, Domonic J. Sarago, husband of defendant, at 215 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2010 Property sale postponed to 8/4/2010. 07/30/2010 Property sale postponed to 10!6/2010. 10!0512010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 10/2110 SHERIFF COST: $826.37 October 05, 2010 SO ANSWERS, ~~ RON ~ R ANDERSON, SHERIFF •~~~~ ~k~ ~~' 3 S `~ BANK O)H' NEW YORK AS TRUSTEE FOR THE CERT,IFICATEHOLDERS CWABS INC. ASSET- BACKED CERTIFICATES, SERIES 2004-6 Plaintiff v. DOMINIC J. SA12AG0 TINA J. SARAGO Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO. CIVIL-09-2919 CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6, 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 215 SOUTH BROAD STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) DOMINIC J. SARAGO TINA J. SARAGO 2. Name and address of Defendant(s) in the judgment: Name 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) Dannys Tire Sales Inc 491 H Blue Eagle Avenue Harrisburg, PA 17112 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) Borough of Manicsburg West Strawberry @ North Market Street Mechanicsburg, PA 17055 Borough of Manicsburg 36 West Allen Street C/O: David J. Spotts, Esquire Mechanicsburg, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name 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 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 walnut Street Harrisburg, PA 17108 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. March 8, 2010 By: ~/U Attorn for Plaintiff Phela allinan & Schmieg, L P ^ La r nce T. Phelan, Esq., Id. No. 32227 ^ Fra is S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Mi hele M. Bradford, Esq., Id. No. 69849 ^ J dith T. Romano, Esq., Id. No. 58745 heetal 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 BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 CIVIL DIVISION Plaintiff NO. CIVIL-09-2919 vs. DOMINIC J. SARAGO TINA J. SARAGO Defendant(s) CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DOMINIC J. SARAGO TINA J. SARAGO 215 SOUTH BROAD STREET 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 MECHANICSBURG, PA 17055 '~ *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 215 SOUTH BROAD STREET, MECHANICSBURG, PA 17055 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 $237,009.45 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 (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 YOi7 MAY RF. ARi,F TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is 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 ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. CIVIL-09-2919 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 vs DOMINIC J. SARAGO TINA J. SARAGO owner(s) of property situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being (Municipality) 21S SOUTH BROAD STREET, MECHANICSBURG, PA 170SS Parcel No. 20-24-0785-214 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $237,009.45 Phelan Haffinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THOSE CERTAIN three tracts of land situate in the County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: TRACT NO. 1: ALL THE FOLLOWING described two lots of ground situate on the East side of Broad Street, in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded described as follows, to wit: BEGINNING on the West by Broad Street on Plan of Lots hereinafter mentioned, on the North by Lot No. 20 in said Plan, on the East by an alley, on the South by Lot No. 23 in said Plan. Each said lot containing 30 feet in front on Broad Street and each extending in depth an equal width from the building line of said Broad Street 150 feet to the Alley aforesaid. Being Lots Nos. 21 and 22 on Plan of Lots laid out by the Valley Improvement Company, and known as Glenwood Terrace, said Plan being recorded in the Recorder's Office in and for said Cumberland County in Plan Book 1, Page 31, and having erected thereon a two and one-half story frame dwelling house. TRACT N0.2: ALL THOSE TWO CERTAIN lots of ground situate on the East side of Broad Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at the building line, corner of Broad and Valley Streets; thence by the building line of said Broad Street North 65 feet to corner of Lot No. 22 on Plan of Lots hereinafter mentioned, formerly the properly of H.B. Markley but now or formerly the property of Roy C. Carbaugh; thence by said Lot Eastward 150 feet to an alley; thence by said alley Southward 52 feet to the building line of Valley Street aforesaid; thence by the building line of Valley Street Westward 150.8 feet to the building line of Broad Street, the Place of BEGINNING. BEING lot Nos. 23 and 24 on Plan of Lots laid out by Valley Improvement Company and known as Glenwood Terrace, said Plan being recorded in the Recorder's Office in and for Cumberland County, Pennsylvania, in Plan Book 1, Page 31. TRACT NO. 3: ALL THAT CERTAIN lot of ground situate on Broad Street in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being Lot No. 20 on Plan of Lots laid out by Valley Improvement Company and known as Glenwood Terrace, said plan being recorded in the Recorder's Office in and for Cumberland County in Plan Book 1, Page 31. Said Lot No. 20 being bounded and described as follows, to wit: BEGINNING at the building line of the East side of Broad Street at corner of Lot No. 21 on said Plan of Lots; thence by said Lot Eastward 150 feet to an alley; thence by said alley Northward 43 feet to land now or formerly of A. W. Millelsen heirs; thence by said land Westward 150.8 feet to the building line of Broad Street aforesaid; thence by said building line of Broad Street Southward 30 feet to the Place of BEGINNING. THE ABOVE described premises are improved with asplit-level, one family brick and redwood siding dwelling house known and numbered as 215 South Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. Vested by Special Warranty Deed, dated 6/28/2004, given by Ronald B. Blauch and Georgia L. Blauch, husband and wife to Dominic J. Sarago and Tina J. Sarago, husband and wife and recorded 6/29/2004 in Book 263 Page 4121 Instrument # 2004-025898. PREMISES BEING: 215 SOUTH BROAD STREET, MECHANICSBURG, PA 17055 PARCEL N0.20-24-0785-214 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-2919 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THB SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK, as Trustee for THE CERTIFICATEHOLDERS CWABS INC ASSET-BACKED CERTIFICATES, SERIES 2004-6, Plaintiff (s) From DOMINIC J. SARAGO and TINA J. SARAGO (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 $237,009.45 L.L.$.50 Interest from 6/23!09 to Date of Sale ($38.96 per diem) -- $13,441.20 Atty's Comm % Due Prothy $2.00 Atty Paid $172.00 Plaintiff Paid Date: 319/ 10 (Seal} Other Costs David D. Buell, Prothonotary By: Deputy REQUESTING PARTY: Name: JF,NINE R. DAVEY, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 87077 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA, Known and numbered as, 215 South Broad Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 H~~~~ ~ f Real Estate Coordinator 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, V1Z: April 16, Apri123, and Apri130, 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. 2009-2919 Civil Bank of New York as Trustee for the Certificateholders CWABS Inc. Asset-Backed Certificates, Series 2006-6 vs. Dominic J. Sarago Tina J. Sarago Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. CIVIL-09-2919 BANK OF NEW YORK AS TRUSTEE FOR THE CER- TIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-6 vs. DOMINIC J. SARAGO, TINA J. SARAGO, owners of property situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, being 215 SOUTH BROAD STREET, MECHAN- ICSBURG, PA 17055. Parcel No. 20-24-0785-214. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $237,009- .45. 1 ~~ Lisa Marie Coy ,Editor SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 , /~//~ ~~_ Notary Nom is sEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ~. ~''he Patriot-News Co. ' 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e ~latriot News 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 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. This ad ran on the date(s) shown below: Writ No. 2009-2g1g CivilTerm Bank of New York as Trustee 04/16/10 for the CertHlcatehoiders CWABS Inc. 04/23/10 Asset-Backed ~ _`~~ 04/30/10 CertHicates, Series 2006 , ~, _., Dominic J. Sarago ~ • .... ; , .. ............ . Tlna J. Sarago Atty: Daniel Gr Schmieg ~ ; - - , •~ By virtue of a Writ of Execution N0. CIVB,-09- worn to arld s scribed before m¢ ~thi 1 i3 d~y'of ay, 2010 A. D. 29]9 /, J, BANK OP NEW YORK AS TRUSTEE FOR ~~ J ` ~ ' / _ (.- ~. THE CERTIFICATEHOLDERS CWABS INC. (.. ~ ~ ~_--' _----=-~ .. ., ASSET-BACKED CERTIFICATES, SERIES ~ Notary Public ~~~ 2004-6 vs. DOMINIC J. SARAGO TINA J. SARAGO Owner(s) of property situate in the Borough COMMONWEALTH OF PENNSYLVANIA of Mechanicsburg, Cumberland County, Notarial Sea! Pennsylvania, being (MuniciP~tY) Sherrie [.. Kisser, Notary Pubik 215 SOUTH BROAD STREET, Lower Paxton Twp., Dauphin County MECHANICSBURG, PA 17055 My Commisslott Ekplres Nov. 26, 2011 Parcel No.20-24-0785-214 Member, PennSYlvanla Association of Notaries (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $237,009,45 Phelan;Hallinan & Schmieg, LLP 1617 JF'K Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza FILED-OFFICE Philadelphia, PA 19103 h OF , 215-563-7000 O 1 E PROTRJONOTARY BANK OF NEW YORK AS TRUS' THE CERTIFICATEHOLDERS CW. ASSET-BACKED CERTIFICATES, 20046 Plaintiff vs DOMINIC J. SARAGO TINA J. SARAGO Defendant of Common Pleas fp kOUNTY LV Neil Division : CUMBERLAND County : I No. CIVIL-09-2919 PRAECIPE TO THE PROTHONOTARY: Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: ,PHEL N HALLINAN IEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 3 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 /? Melissa J. Cantwell, Esq., Id. No. 3089121PHS# 146786 Attorneys for Plaintiff ow, % 9. so lc$d C I- 14039W Lw_a l 9 cl0 l PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET- Court of Common Pleas BACKED CERTIFICATES, SERIES 2004-6 Plaintiff vs DOMINIC J. SARAGO TINA J. SARAGO Defendant Civil Division CUMBERLAND County No. CIVIL-09-2919 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: DOMINIC J. SARAGO TINA J. SARAGO 215 SOUTH BROAD STREET MECHANICSBURG, PA 17055 Date: By Lawrence's'. Phelan, Esq., Id. o. 32227 Francis S. Hallinan, Esq., Id. No. 695 Daniel G. Schmieg, Esq., Id. No. 622 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 Chrisovaiante 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 / Melissa J. Cantwell, Esq., Id. No. 308Q 2 Attorney for Plaintiff