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HomeMy WebLinkAbout10-5827Phelan 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 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 234252 OF RED-40F7 CE W .t?10 PM2:?5 CUh r .? i ° "OUNTY PENNSYLVANIA ATTORNEY FOR PLAINTIFF THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW COURT OF COMMON PLEAS YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- CIVIL DIVISION THROUGH CERTIFICATES SERIES 2006-E 4828 LOOP CENTRAL DRIVE TERM HOUSTON, TX 77081-2226 Plaintiff NO. 10 - 5807 0,jitTe"Mi v. F,L.IZABETI I FIIOMPSON, IN I IER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2I?D STREET WORMLEYSBURG, PA 17043-1001 CUMBERLAND COUNTY JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. TIIOMPSON, [V, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 FRANKLIN B. THOMPSON, V., IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON. IV, DECEASED 530 NORTH 2ND STREET WORM L,F,YSBURG, PA 17043-1001 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON. IV, DECEASED 530 NORTH 2"D STREET WORM LEYSB(JRG. PA 17043-1001 Defendants CIVII. ACTION - TAW *Qa.00 PO ATry COMPT AINT IN MORTGAGE FORF.CIDSURF Cr 100ac7e He #: 234252 P-# 21184),58 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 234252 Plaintiff is THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 FRANKLIN B. THOMPSON, V., IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 who is/are the real owner(s) of the property hereinafter described. 3. On 11/08/2006 FRANKLIN B. THOMPSON, IV & VIRGINIA S. THOMPSON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUITY ONE, INCORPORATED which mortgage is recorded in the File #: 234252 Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1972, Page 2364. By Assignment of Mortgage recorded 04/16/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201009619. 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 6. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 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. The following amounts are due on the mortgage: Principal Balance $68,992.88 Interest $11,588.83 08/01/2008 through 09/09/2010 Attorney's Fees $650.00 Late Charges through 09/09/2010 $436.31 Costs of Suit and Title Search $550.00 Escrow Deficit %2,379-05 TOTAL $84,597.07 7 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 File 9: 234252 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. 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 Defendants on the dates set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or have been denied assistance by the Pennsylvania Housing Finance Agency. 9. Mortgagor FRANKLIN B. THOMPSON, IV. died on 4/10/10 and upon information and belief, his surviving heirs are ELIZABETH THOMPSON, JAMES E. THOMPSON, and FRANKLIN B. THOMPSON, V. 10. Plaintiff contacted the Register of Wills of Cumberland County and was informed as of 8/31/10, no estate has been raised on behalf of the decedent mortgagor. 11. Plaintiff hereby releases FRANKLIN B. THOMPSON, IV. from liability for the debt secured by the mortgage. 12. Plaintiff does not hold the named Defendants, ELIZABETH THOMPSON, JAMES E. THOMPSON, and FRANKLIN B. THOMPSON, V, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants has been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 234252 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $84,597.07, together with interest from 09/09/2010 at the rate of $15.07 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN ALLINA & SCHMIEG, LLP enc e T. Phelan, Esq., Id. No. 32227 ? L r ris 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 Attorneys for Plaintiff File #: 234252 LEGAL DESCRIPTION ALL THAT CERTAIN lot or place of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 218 and 216 on the hereinafter mentioned Plan of Lots, said point being one hundred twenty (120) feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the line running through the partition wall of the double two and one-half store cement block dwelling house erected in part on the lot hereby conveyed; thence in a westerly direction through the center of said partition wall and beyond one hundred and fifty (150) feet to the eastern line of Third Street; thence in a southerly direction along the eastern line of Third Street twenty (20) feet to a point on the dividing line between Lots Nos. 219 and 217 on the hereinafter mentioned Plan; thence in a easterly direction along said line and the line dividing Lots Nos. 218 and 216 on said Plan, one hundred and fifty (150) feet to the western line of Second Street, the point or Place of BEGINNING. BEING Lots Nos. 218 and 219 on Plan of Riverview, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 103. PROPERTY ADDRESS: 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PARCEL # 47-19-1588-039 File #: 234252 The undersigned attorney hereby states 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: T k1to -------------- Attorney for Plaintiff A4 C. z z(- r- File #: 234252 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~~y~lC qt ~It1t1~fP/~ 'C? N '° "+1 Jody S Smith ~~0~ ~~ c ~ "'~ Chief Deputy ,~ -- ~ ~~ f ~~r~ r-n ~S..' C.J ^~ ~.-... ~ Richard W Stewart ~ ~'~ ~~ "~~ ~~ ~,~ ~ Solicitor ¢FFiCF F ~' `'"~~'F~ ~ ~.. , A r~ ...r. ~._- The Bank of New York Mellon Castelumber! vs. 2010-5827 Elizabeth Thompson (et al.) SHERIFF'S RETURN OF SERVICE 09/28/2010 08:10 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 28, 2010 at 2110 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James E. Thompson, by making known unto himself personally, at 501 E. Elmwood Avenue, Apartment B, Mechanicsburg, Cumberland County, Pennsylvania 17055 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH INE, DEPUTY 09/28/2010 10:08 AM -Jason Vioral, Sergeant, who being duly sworn according to law, states that on September 28, 2010 at 1008 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Franklin B. Thompson V, by making known unto himself personally, at The Cumberland County Sheriffs Office, 1 Courthouse Square Room 303, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. ....- JAS VI L, DEPUTY 09/28/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, ates that he made a diligent search and inquiry for the within named defendant to wit: Elizabeth Thompson, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Elizabeth Thompson. Deputies were advised Elizabeth Thompson's current address is 316 Limekiln Road, Apartment F, New Cumberland, York County, 17070. 09/29/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Unknown Heirs, Successors, Assigns and All Persons, Firms or Associations Claiming Right, Title or Interest from or under Franklin B. Thompson IV, deceased, but was unable to locate them in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Unknown Heirs. Request for service at 530 N. 2nd Street, Wormleysburg, PA 17043 is vacant. SHERIFF COST: $109.40 September 29, 2010 SO ANSWERS, ~~^~~' RON R ANDERSON, SHERIFF (c'. GountySuite Sheriff. Teleoseft. Inc. F 1._FO-OFFIN7 -r R- OF T'HF i."a' 013'Tr,? 19 f", i i.7 U';" f ' 1 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 Joshua 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE NO. 10-5827 CIVIL TERM PASS-THROUGH CERTIFICATES SERIES 2006-E CUMBERLAND COUNTY V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED ET AL. MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E, by its counsel, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an ORDER granting Plaintiff s Motion for Service Pursuant to Special Order of Court in the above captioned matter and in support thereof avers the following: 1. On November 8, 2006, FRANKLIN B. THOMPSON, IV, made, executed, and delivered a mortgage upon the premises at 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001. 2. The loan is in default as payments due September 1, 2008 and each month thereafter are due and unpaid. 3. FRANKLIN B. THOMPSON, IV, died April 10, 2010. 4. Plaintiff contacted the Register of Wills of Cumberland County and was informed that no estate has been raised on behalf of FRANKLIN B. THOMPSON, IV. 5. By letter dated May 24, 2010, Plaintiff attempted to contact any possible heirs of FRANKLIN B. THOMPSON, IV, at the mortgaged premises to inform them of the foreclosure. Plaintiff also requested any possible heir information for the deceased mortgagor. Attached hereto, marked as Exhibit "A," is a true and correct copy of said letter. t 6. Plaintiff performed a Good Faith Investigation in an attempt to locate any possible heirs of FRANKLIN B. THOMPSON, IV. Plaintiff's Investigator found an obituary for FRANKLIN B. THOMPSON, IV. The obituary lists ELIZABETH THOMPSON, FRANKLIN B. THOMPSON, V, and JAMES E. THOMPSON as the children and heirs of the deceased mortgagor. Attached hereto, marked as Exhibit "B," is a true and correct copy of Plaintiff's Affidavit of Good Faith Investigation. 7. By letter dated June 15, 2010, Plaintiff contacted ELIZABETH THOMPSON, FRANKLIN B. THOMPSON, V, and JAMES E. THOMPSON to inform them of the foreclosure action. Plaintiff attached with its letter Waivers by Heir of Right to be Named as a Defendant. Plaintiff also requested any additional heir information for FRANKLIN B. THOMPSON, IV. Plaintiff did not receive any executed Waivers in return. Attached hereto, marked as Exhibit "C," is a true and correct copy of said letter. 8. Upon information and belief, FRANKLIN B. THOMPSON, IV's surviving heirs at law and next-of-kin are ELIZABETH THOMPSON, FRANKLIN B. THOMPSON, V, and JAMES E. THOMPSON. Any other parties who may have an interest in the mortgaged premises are unknown to Plaintiff. 9. On September 10, 2010, Plaintiff filed an Action in Mortgage Foreclosure. Attached hereto, marked as Exhibit "D," is a true and correct copy of the Complaint in Mortgage Foreclosure. 10. Plaintiff named as defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED, in order to ensure that all possible parties with an interest in said property are notified of these proceedings and in order to ensure that good and marketable title to said property is conveyed by any future sheriff s auction. See Exhibit "D." 11. No Judge has previously entered a ruling in this case. 12. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion for Service to the Defendants on October 1, 2010 and requested the Defendants' concurrence. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is attached hereto, made part hereof, and marked as Exhibit "E." 13. Plaintiff received a phone call from the defendant, FRANKLIN B. THOMPSON, V, with general questions about the foreclosure process. The defendant also requested reinstatement figures for the loan. However, the defendant did not have any objections to the proposed motion. 14. Because there may be parties with an interest in the mortgaged premises that are unknown, Plaintiff must effectuate service through Special Order of Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint, and all future pleadings, by certified mail and regular mail, posting of the mortgaged premises, and by publication. PB HALLINAN & SCHMIEG, LLP Dated: 11/18/10 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 ?J`ime McGuinness, Esq., Id. No. 90134 hrisovalante 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 Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith 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 Allison Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE NO. 10-5827 CIVIL TERM PASS-THROUGH CERTIFICATES SERIES 2006-E CUMBERLAND COUNTY V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED ET AL. MEMORANDUM OF LAW According to Pa.R.Civ.P. 430(a), a plaintiff may petition the court to provide an alternative to personal service if the plaintiff cannot serve a party personally. The rule requires the affidavit presented in support of the motion for alternative service to state "the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why personal service cannot be made." Pa.R.Civ.P. 430 (a). The purpose of this procedure is to provide proof that a good faith effort has been made to effect service under normal methods. Only after such proof has been offered is the Court authorized to direct another method of substitute service. Deer Park Lumber, Inc. v. Major, 384 Pa.Super. 625,559 A.2d 941, 944 (1988), appeal denied, 525 Pa. 582, 575 A.2d 113 (1990). Plaintiff has attached a report to its Motion, which sets forth the nature and extent of the investigation that has been made to determine the whereabouts of the heirs and assigns and the reason that such service cannot be made. Attached hereto, marked as Exhibit "B," is a copy of the Affidavit of Good Faith Investigation. A deceased mortgagor need not be named as a party in a foreclosure action. Federal Land Bank of Baltimore v. King, 294 Pa.86, 143 A. 500 (1928). The personal representative, heir or devisee of a deceased mortgagor, if known, (unless released from liability) must be named as a defendant in a mortgage foreclosure action. Moyer v. Diehl, 130 Pa. Super. 115, 196 A. 575 (1938). In the instant action, Plaintiff has appropriately named the unknown heirs, successors, assigns and all persons, firms, and associations claiming right title or interest from or under the decedent mortgagor as a defendant in order to convey clear and marketable title after a foreclosure sheriffs sale. Title companies customarily require foreclosing mortgagees to name the unknown parties in order to assure that any potential party with an interest in the mortgaged premises has an opportunity to defend the foreclosure. It deserves special mention that Plaintiff is merely seeking an in rem judgment to recover the mortgaged premises and is not pursuing the defendant(s) personally in this action. P AN HALLINAN & SCHMIEG, LLP Dated: 11/18/10 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 Allison Wells, Esq., Id. No. 309519 Attorneys for Plaintiff EXHIBIT "A" PHELAN HALLINAN & SCH MaEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215320-0007, ext.1316 Fax: 215-567-0072 Kathleen.Lake ()feduhe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey May 24, 2010 Occupants & Possible Heirs of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 RE: FRANKLIN B. THOMPSON, IV; 530 NORTH 2" STREET, WORMLEYSBURG, PA 17043-1001; LITTON LOAN SERVICING, LP; PHS# 234252 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg represent THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2006-E, the holder of the mortgage against the above- referenced mortgaged premises. The loan is in default as payments due September 1, 2008 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of Franklin B. Thompson, IV's unfortunate death. We are sorry for your loss. As you are a possible heir of Franklin B. Thompson IV, you may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). It will be necessary to bring a foreclosure action against the property. If you are an heir of Franklin B. Thompson IV, and whether you do or don't have an interest in saving the property from foreclosure, please contact the undersigned at (215) 320-7000, ex. 1316 within seven days of the date of this correspondence. Sincerely, Kathleen Lake Legal Assistant * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in banla uptcy, we are only proceeding against the real estate secured by the mortgage. EXHIBIT "B" AFFIDAVIT OF GOOD FAITH IIWESTIGATION File Number: 214252 Attorney Firm: Phelan, HaIIinan & Schmieg, LLP Subject Franklin B. Thompson IV Property Address 530 North 2.d Street, Wmmleyd=& PA 17043 L being duly sworn according to law, do hereby depose and state as follows, an investigation into the whereabouts of the abov&ooted individual(s) was conducted and the following has been discovered: L CREDIT INFORMATION A. SOCIAL SECURIPY NUMBER Our search verified the following information to be true and correct Franklin B. Thompson IV - nooc roc 2576 B. EM WYhGM SEARCH Franklin B. Thompson TV - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Franklin B. Thompson IV reside(s) at 530 North 2-d Street, Wormieysbur& PA 17043. It. INQUIRY OF TELEPHONE COMPANY A. DIRECTORYASSWANCESEARCH Our office searched directory assistance databases, which bad no listing for Franklm B. Thompson IV. B. On 05-25-10 our office searched directory awe databases, which had no phone number for Franklin B. Thompson IV. Our office was unable to locate any heir for Franklin B. Thompson IV. M. OBITUARY SEARCH A Attempted to find obituary via http://mjwwsbw&com/ B. Found obituary published April 14, 2010 in the Patriot News, The (Harrisburg, PA). See attached. TV. INQUIRY OF HEIRS AND NEIGHBORS On 05-25-10 oar office was unable to locate any information for Jocelyn Leyarm Thompson, relative of Franklin B. Thompson TV. On 05-25-10 our office attempted to contact Elizabeth A. Thompson, relative of Franklin B. Thompson TV at 530 North 2d Street 97, Lemoyne, PA 17043, but was unable to get any phone number for her. On 05-25-10 our office attempted to contact James E. Thompson, relative of Franklin B Thompson IV at 530 North 2nd Street 97, Lemoyne, PA 17043, but was unable to get any phone number for him. On 05-25-10 our office attempted to contact Franklin B. Thompson V, relative of Franklin B. Thompson IV at 530 North 211d Street 97, Lemoyne, PA 17043, but was unable to get any phone number for him. On 05-25-10 our office attempted to conntactTamra Sue Thompson, potential relative of Franklin B. Thompson IV at 1932 Jody Lane, Carlisle, PA 17013, but was unable to get any pbone number for her. On 0-25-10 our office attempted to contact Danielle Soden, potential relative of Franklin B. Thompson IV at 140 Waverly Place, Howell, NJ 07731, but was unable to get any phone number for him. On 05-25-10 our office attempted to contact Franklin V. Thompson, potential relative of Franklin B. Thompson TV at 530 North 2nd Street 97, Lemoyne, PA 17043, but was unable to get any phone number for him. On 05-25-10,05-26-10,05-27-10,05-28-10,06-M-10, 06-0210 & W-03-10 our office made several phone calls in an attempt to contact Jeffrey A. Thompson, relative of Franklin B. Thompson TV at (717) 737-1754,119 North 26a Street, Camp HAL PA 17011: answering machine. On 05-25-10,05-26-10,05-27-10,05-28-10,06-M-10, 06-02-10 & 06-03-10 our office made several phone calls in an attempt t0 contact Jeffrey A. Thompson, relative of Franklin B. Thompson IV at (717) 737-3421,119 North 26d, Street, Camp HIM PA 17011: answering machine. On 06-25.10, 05-26-10, 05-27-10, 05-28-10,06-M-10, 06-0210 & O&M-10 our office made several phone cans m an attempt to contactJoseL Aivare? neighbor of the subject at (717) 761-1252, 531 North Second Street, Lemoyne, PA 17W. answering machine. On 05-2540 our office made a phone call in an attempt to canted Joyce L Bryson, neighbor of the subject at CM 7634699, 528 North Second Sbftt, Lemaayne, PA 17043: spoke with an unidentified female who could not confirm any heir information for Franklin B. Ton IV. On 05-25-10, 06.2610, 05-27-10, 05-28-10, 06-0110, 06-02-10 & M-03-10 our office made several phone cans in an attempt W contact Dardel Glavas, neighbor of the subject at (717) 6129887, 571 North Second Street Lemoyne, PA 17043: answering machine. Our office was unable to locate any heir for Franklin B. Thompson TV. V. ADDRESS INQUIRY A. NATTONAL ADDRESS UPDATE On 05-25-10 we reviewed the National Address database and farad the following information: Franklin B. Thompson TV - 530 North 2.d Street Lemoyne, PA 17093. B. ADDrMNAL ACTIVE MAH34G ADDRESSES Per our inquiry of creditors, the following is a possible marling address: no addresses on foe. VL CY17M INQUIRIES A. DEATH RECORDS As of 05-2540 Vital Records and all public databases have no death record on file for Franklin B. Thompson TV. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Franklin B. Thompson IV - 07-15-1950 B. DATE OF DEATH Franklin B. Thompson IV - not available C A.K.A. Franklin B. Thompson Sr. " Our accessible databases have been checked and cross-referenced for the above named individual(s). • Please be advised our database information indicates the subject resides at the curses address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully, false, I am subject to punislmnent I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of inwotigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to falsification to authorities. -unswom A41 Al A,FFIANT ,c Sworn to and sa me this 7 day of ?U O The above informatlar is obtained .from available public records and we are only liable for the cost of the affidavit IIVD Z,CDA?? EKID ES [RADA MMMXOFNBNAM ObitsAwhive.com: Document Display Page 1 of 1 ObitsArchivexom Patriot News, The (Harrisburg, PA) - April 14, 2010 Deceased Name: Franklin B. Thompson IV Franklin B. Thompson 1V, 59, of Wormleysburg passed away on April 10, 2010 at home. Franklin was predeceased by his wife Virginia Alexander Thompson in May of 2009. He was a US Army Veteran and worked as a self employed Truck Driver. Franklin is survived by his daughter Elizabeth, two sons James E. and Franklin B. V, all from Wormleysburg, his Brother Jeff Thompson of Camp Hill and a granddaughter Jocelyn LeyAnn Thompson. Funeral services will be private at the request of the family. Neumyer Funeral Home neumyerfimeralhome.com www.pennhve.com/obits *s*** Patriot News, The (Harrisburg, PA) Date: April 14, 2010 Edition: FINAL Page: A09 Record Number. 1004144492625 Copyright, 2010, The Patriot-News Co. All Rights Reserved. Used with permission. http://o&newsbank.comloa searchtwelArchives?p action-Pzint&p_docid=12F34269243205... 6/1/2010 EXgigIT (04 c ?9 PHELAN HALLINAN & SCH IIEG, LLP Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-320-0007 ext. 1316 Fax: 215-567-0072 Kathleen.Lake@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders in Pennsylvania and New Jersey June 15, 2010 Elizabeth Thompson, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 James E. Thompson, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 Franklin B. Thompson, V, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 RE: FRANKLIN B. THOMPSON, IV; 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001; LITTON LOAN SERVICING, LP; PHS# 234252 Dear Sir/Madam, Kindly be advised that the Law Offices of Phelan Hallinan & Schmieg represent THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2006-E, the holder of the mortgage against the above- referenced mortgaged premises. The loan is in default as payments due September 1, 2008 and each month thereafter remain due and unpaid. Our office has been retained to bring a foreclosure action. Our office has been informed of Franklin B. Thompson, IV.'s unfortunate death. We are sorry for your loss. As you are a possible heir of Franklin B. Thompson, IV, you may have been automatically vested with an ownership interest in the mortgaged premises upon his death under 20 Pa.C.S.A. §301(b). Accordingly, it may be necessary to bring a foreclosure action against your interest in the property. Please be advised that you are not personally liable for the debt, as you did not execute the mortgage or note. This letter serves to afford you an opportunity to waive your right to be named as a defendant in the foreclosure action. Please find attached a Waiver which I would appreciate your executing and returning to the undersigned within fourteen (14) days of the date of this correspondence. If the Waiver is timely returned it will not be necessary to name you as a defendant in the foreclosure action. However, if the Waiver is not timely returned and it is believed that you are an heir of the decedent, then our office may have no choice but to name you as a defendant in the action in order to divest any ownership interest you may have in the property. Our Office also requests that you please provide us with any additional heir information for Franklin B. Thompson. Thank you for your cooperation in this regard. Please note that this waiver does not preclude you from attempting to sell the subject premises and recovering any possible equity in the mortgaged premises prior to the completion of the foreclosure action. If you would like to request a payoff or reinstatement figure, please call (215) 320-0007, ext. 1230 for the Foreclosure Resolution Department. If you have any other questions regarding this letter, please contact the undersigned at (215) 563-7000, ex. 1200. Sincerely, Kathleen Lake Legal Assistant * This firm is a debt collector. Any information we receive will be used for that purpose. If your personal liability for the debt has been discharged in bankruptcy, we are only proceeding against the real estate secured by the mortgage. WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, ELIZABETH THOMPSON, Heir of FRANKLIN B. THOMPSON, IV, DECEASED, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E, involving a mortgage secured on premises 530 NORTH 2? STREET, WORMLEYSBURG, PA 17043-1001 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of SherifT s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Elizabeth Thompson, Heir Of Franklin B. Thompson, IV, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, JAMES E. THOMPSON, Heir of FRANKLIN B. THOMPSON, IV, DECEASED, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E, involving a mortgage secured on premises 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff s sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: James E. Thompson, Heir Of Franklin B. Thompson, IV, Deceased WAIVER BY HEIR OF RIGHT TO BE NAMED AS A DEFENDANT IN FORECLOSURE ACTION I, FRANKLIN B. THOMPSON, V, Heir of FRANKLIN B. THOMPSON, IV, DECEASED, in accordance with Section 301(b) of the Pennsylvania Probate, Estates and Fiduciaries Code [20 Pa C.S.A. Section 301(b)], hereby waive my right to be named as a defendant in a foreclosure action which may be instituted by THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E, involving a mortgage secured on premises 530 NORTH 2m STREET, WORMLEYSBURG, PA 17043-1001 which property was owned by decedent at the time of his death. I hereby consent to the foreclosure action, without any further notice of proceedings of Sheriff's sale, and understand that any interest I may have in the mortgaged premises will be divested upon completion of the foreclosure action. Date: Franklin B. Thompson, V, Heir Of Franklin B. Thompson, IV, Deceased EXHIBIT "D" Civil Cover Sheet rUMBERC,A S }`R County r-ur rrutnunutury use linty: Docket No: The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. A Commencement of Action: © Complaint ? Writ of Summons ? Petition 11 Notice of Appeal O Transfer from Another Jurisdiction O Declaration of Taking Lead Plaintiff's Name: THE BANK OF NEW YORK Lead Defendant's Name: UNKNOWN HEIRS, SUCCESSORS, MELLON F/K/A THE BANK OF NEW YORK, AS ASSIGNS, AND ALL PERSONS, FIRMS, OR TRUSTEE FOR THE BENEFIT OF THE ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST CERTIFICATEHOLDERS OF POPULAR ABS, INC. FROM OR UNDER FRANKLIN B. THOMPSON, IV, MORTGAGE PASS-THROUGH CERTIFICATES SERIES DECEASED 2006-E O Check here if you are a Self-Represented (Pro Se) Litigant Name of Plaintiff/A ellant's Attorney: Are money damages requested? : ? Yes 0 No Dollar Amount Requested: within arbitration limits Check one -X_ outside arbitration limits Is this a Class Action Suit? ? Yes © No Natnre of the cas place an "X" to the left of the (M case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that You consider most important. TORT (do not include Mass Tort) El Intentional ? Malicious Prosecution Motor Vehicle ? Nuisance ? Premises Liability 0 Product Liability (does not include mass tort) ? Slander/Libel/ Defamation ? Other: B MASS TORT ? Asbestos ? Tobacco ? Toxic Tort - DES ? Toxic Tort - Implant ? Toxic Waste El Other: PROFESSIONAL LIABLITY 0 Dental ? Legal 0 Medical O Other Professional: I Pa.R.C.P. 205.5 CONTRACT (do not include Judgments) 11 Buyer Plaintiff ? Debt Collection: Credit Card ? Debt Collection: Other El Employment Dispute: Discrimination O Employment Dispute: Other O Other: REAL PROPERTY ? Ejectment O Eminent Domain/Condemnation ? Ground Rent ? Landlord/Tenant Dispute N Mortgage Foreclosure El Partition ? Quiet Title ? Other: CIVIL APPEALS Administrative Agencies ? Board of Assessment O Board of Elections ? Dept. of Transportation ? Zoning Board ? Statutory Appeal: Other Judicial Appeals ? MDJ - Landlord/Tenant ? MDJ - Money Judgment ? Other: MISCELLANEOUS O Common Law/Statutory Arbitration ? Declaratory Judgment ? Mandamus 0 Non-Domestic Relations Restraining Order ? Quo Warranto Replevin O Other: 912010 Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62645 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. Brambiett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS. THROUGH CERTIFICATES SERIES 2006E 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 Plaintiff V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 FRANKLIN B. THOMPSON, V., IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND.STREET WORMLEYSBURG. PA 17043-1001 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY We hereby certify th@ within to be a true end Correct copy of the original filed of record File C 234252 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 File #: 234252 I . Plaintiff is THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E 4828 LOOP CENTRAL DRIVE HOUSTON, TX 77081-2226 2. The name(s) and last known address(es) of the Defendant(s) are: ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 FRANKLIN B. THOMPSON, V., IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 who is/are the real owner(s) of the property hereinafter described. On 11/08/2006 FRANKLIN B. THOMPSON, IV & VIRGINIA S. THOMPSON made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR EQUITY ONE, INCORPORATED which mortgage is recorded in the File #: 234252 Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1972, Page 4. 5. 6 2364. By Assignment of Mortgage recorded 04/16/2010 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 201009619. 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. 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. The following amounts are due on the mortgage: Principal Balance $68,992.88 Interest $11,588.83 08/01/2008 through 09/09/2010 Attorney's Fees $650.00 Late Charges through 09/09/2010 $436.31 Costs of Suit and Title Search $550.00 Escrow Deficit %2,379-05 TOTAL $84,597.07 7. Plaintiff is not seeking a judgment of personal liability (or an in ne:rsonam 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 File #: 234252 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 8. 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 Defendants on the dates set forth thereon, and the temporary stay as provided by said notice has terminated because Defendants have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or have been denied assistance by the Pennsylvania Housing Finance Agency. 9. Mortgagor FRANKLIN B. THOMPSON, IV. died on 4/10/10 and upon information and belief, his surviving heirs are ELIZABETH THOMPSON, JAMES E. THOMPSON, and FRANKLIN B. THOMPSON, V. 10. Plaintiff contacted the Register of Wills of Cumberland County and was informed as of 8/31/10, no estate has been raised on behalf of the decedent mortgagor. 11. Plaintiff hereby releases FRANKLIN B. THOMPSON, IV. from liability for the debt secured by the mortgage. 12. Plaintiff does not hold the named Defendants, ELIZABETH THOMPSON, JAMES E. THOMPSON, and FRANKLIN B. THOMPSON, V, personally liable on this cause of action. This action is being brought to foreclose the interest of the said Defendants in the aforesaid real estate only, and the Defendants has been named in accordance with the requirements of Pa R.C.P. 1144(a)(2) and 20 Pa.C.S.A. § 301(b). File #: 234252 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $84,597.07, together with interest from 09/09/2010 at the rate of $15.07 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN ALLINA & SCHMIEG, LLP ? L ence T. Phelan, Esq., Id. No. 32227 rancis 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 Attorneys for Plaintiff Fite #: 234252 ALL THAT CERTAIN lot or place of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 218 and 216 on the hereinafter mentioned Plan of Lots, said point being one hundred twenty (120) feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the line running through the partition wall of the double two and one-half store cement block dwelling house erected in part on the lot hereby conveyed; thence in a westerly direction through the center of said partition wall and beyond one hundred and fifty (150) feet to the eastern line of Third Street; thence in a southerly direction along the eastern line of Third Street twenty (20) feet to a point on the dividing line between Lots Nos. 219 and 217 on the hereinafter mentioned Plan; thence in a easterly direction along said line and the line dividing Lots Nos. 218 and 216 on said Plan, one hundred and fifty (150) feet to the western line of Second Street, the point or Place of BEGINNING. BEING Lots Nos. 218 and 219 on Plan of Riverview, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Page 103. PROPERTY ADDRESS: 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PARCEL # 47-19-1588-039 File #: 234252 The undersigned attorney hereby states 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: `' q I 1 Atttomey for Plaintiff V J - ,? G, Z ZrZ ? File #: 234252 EXHIBIT "E" w x U O e-i cn p o, r, ?a V ? C) Ow V) z a H 9 y z?o 4 s -4Go,3 d1z VjOHA a371tdw 0 0602 101OO 95ZLLZb000 wL Z O c T w ow W s E Oz.m 0 09 1 0 , p u i W a. 6 ? a lie o .oayE.? cou.o a'rt S W c o o c s? > G ' v?,L ?`Sic ?.C •bog is q•°.5 9 cp p t C O R N C4 F?.E .u. EKV] C u CL N N N ? y C> 4-40 A 4-. Q ? C) ? Q ? x Q C a p > M o , M , M , M o a °+ '`?' ??i °r- Q a° w ? o a?Q o cs.,V,Q 0 o o[a N 0cn C14 C14 C14 O 0 ? W Q uw z " 3 Ww? •-?w?n "?3 ww"?3 ?w"o =b z> N N 'u H fx E N z N U ? 'b d d a o ;, a ° a H r+ N M Vl %0 r- oo v? 3 Z ? C -? U H a O_ O N O U 0 a PHELAN HALLINAN & SCHIVHEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-320-0007 Fax: 215-563-3352 Kathleen.Lake@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey October 1, 2010 Elizabeth Thompson, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B, THOMPSON, IV, DECEASED; ET AL. NO. 10-2323 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by October 8, 2010. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Singerely, Kathleen Lake Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-320-0007 Fag: 215-563-3352 Kathleen.Lake@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey October 1, 2010 Franklin B. Thompson, V, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B, THOMPSON, IV, DECEASED; ET AL. NO. 10-2323 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by October 8, 2010. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, Kathleen Lake Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-320-0007 Fax: 215-563-3352 Kathleen.Lake@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey October 1, 2010 James E. Thompson, Heir of Franklin B. Thompson, IV, Deceased 530 North 2°d Street Wormleysburg, PA 17043-1001 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B, THOMPSON, IV, DECEASED; ET AL. NO. 10-2323 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by October 8, 2010. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. S' ly, Kathleen Lake Legal Assistant PHELAN HALLINAN & SCHNIIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-320-0007 Fax: 215-563-3352 Kathleen.Lake@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey October 1, 2010, 2010 Unknown Heirs of Franklin B. Thompson, IV, Deceased 530 North 2'd Street Wormleysburg, PA 17043-1001 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B, THOMPSON, IV, DECEASED; ET AL. NO. 10-2323 CIVIL TERM Dear Defendant: Enclosed please find a copy of my proposed Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief. Please respond to me within one week, by October 8, 2010. Should you have any further questions or concerns, please feel free to contact me. Otherwise, please be guided accordingly. Sincerely, Kathleen Lake Legal Assistant PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215-563-7000 Fax: 215-563-3352 Kathleen.Lake@fedphe.com Kathleen Lake Legal Assistant, Decedent Department Representing Lenders In Pennsylvania and New Jersey October 1, 2010 OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 RE: THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B, THOMPSON, IV, DECEASED; ET AL. NO. 10-2323 CIVIL TERM Dear Sir/Madam: Enclosed for filing and transmittal for execution, please find Plaintiff's Motion for Service of the Complaint Pursuant to special Order of Court and proposed Order. Kindly return a time-stamped copy of the signed Order in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Motion will not be reviewed immediately, please contact the undersigned. Sincerely, Kathleen Lake Legal Assistant VERIFICATION The undersigned attorney hereby states that he/she is the Attorney for the Plaintiff in this action, that he/she is authorized to take this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE OF THE COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his/her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. P TA LINAN & SCHMIEG, LLP Dated: 11/18/10 By: ? La nce . 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 Allison Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith 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 Allison Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE NO. 10-5827 CIVIL TERM PASS-THROUGH CERTIFICATES SERIES 2006-E CUMBERLAND COUNTY V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED ET AL. CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Plaintiff's Motion for Special Service and Belief in Support thereof were sent via first class mail to the following on the date listed below: Elizabeth Thompson, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 James E. Thompson, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 Franklin B. Thompson, V, Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 Unknown Heirs of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043-1001 P L N HALLINAN & nSCBMMIEG, LLP Dated: 11/18110 By: ?" "?wU v 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 Allison Wells, Esq., Id. No. 309519 Attorneys for Plaintiff t FILED-OFFICE OF THE PROTHONOTARY NOV 2 2 2010 2010 NOV 30 AM 10: 33 CUMBERLAND COUNTY PEN14SYL MANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE NO. 10-5827 CIVIL TERM PASS-THROUGH CERTIFICATES SERIES 2006-E CUMBERLAND COUNTY V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED ET AL. ORDER AND NOW, this L J14 day of N o V . , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1), and by mailin a true and correct copy of the j0 _2 CAI ' rrowh ClT' complaint by Certified mail and Regular mail and by posting the mortgaged premises 530 ti NORTH 2 ND STREET, WORMLEYSBURG, PA 17043-1001. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: 0- J. copiES mZt(scL 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR ; THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff ??. I+ILED-OFFICr- vF THE PRUTHOU ,107:"1t't` 2010 DEC 17 AM It: o5 CUM8ERLAN0Cot 1t4T PENNSYLVANIA ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY vs. UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED No. 10-5827-CIVIL TERM Defendants CQkk as?5f?s PRAECIPE TO REINSTATE CIVIL ACTIONIMORTGAGE FORECLOSURE 1 TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. HALLINAN & SCHMIEG, LLP By: off Lawrence T. Phelan, Esq., Id. No. 2227 ? Francis S. Hallinan, Esq., Id, o. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith 1'. Romano, Esq., Id. No. 58745 ? Sh tal R. Shah-Jani, Esq., Id. No. 81760 ? nine 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 ? Courtcnay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, lsq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Date: December 15. 2010 /jnc, Svc Dept. File# 234252 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 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE ,FILE'O-OFFICE OF THE PROTHONOTARY 2011 li,?' .: 1? i i 11 16 CUM U NT Y ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CERTIFICATEHOLDERS OF POPULAR : ABS, INC. MORTGAGE PASS-THROUGH : CUMBERLAND COUNTY CERTIFICATES SERIES 2006-E Plaintiff VS. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED No. 10-5827-CIVIL TERM JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V., IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendants PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE ©s?o? a ? ?o?t Sly TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. By:, PHELAN HAIJAN-AN &-W-HWG, LLP ? Lawren . Phelan, Esq., Id. No. 32227 ? Franc' . 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 . Jones, Esq., Id. No. 86657 ? ter 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 ? Allison F. Wells, Esq., Id. No. 309519 Attorneys for Plaintiff Date: January 10, 2011 /krh, Svc Dept. File# 234252 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff VS. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT FILED-OFFICE OF THE PROTHONOTARY 2011 16 GEJ 9O`- P, .- . C:':.J TY ,. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 10-5827 CIVIL TERM ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following persons ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED at 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001, on JANUARY 10, 2011, in accordance with the Order of Court dated NOVEMBER 24, 2010. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. PHELAN HALLINAI??CHMIEG, LLP By: La ce T. Ph , Esq., Id. 32227 Francis S. Hallinan, Esq., Id. ?-o. . 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 Attorneys for Plaintiff Date: January 10, 2011 File #: 234252 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor vl? 'XI OFD 1,-P ':F "E?IFF FILED-OFFICE OF THE PROTHONOTARY 2011 AN 24 AM 10: C 1 CuMBERIAND CGUNTY FlrmsY?.MN' 1, The Bank of New York Mellon Trust Company vs. Case Number Elizabeth Thompson (et al.) 2010-5827 SHERIFF'S RETURN OF SERVICE 12/20/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Elizabeth Thompson, In Her Capactiy as Heir of Franklin B. Thompson IV, Deceased, but was unable to locate hrt in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 01/03/2011 10:30 AM - York County Return: And now January 3, 2011 at 1030 hours I, Richard P. Keuerleber, Sheriff of York County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Elizabeth Thompson by making known unto herslef personally, at 316 Limekiln Road, Apartment F, New Cumberland, Pennsylvania 17070 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $37.00 January 20, 2011 SO ANSWERS, -, .02 ?/ 1? RON R ANDERSON, SHERIFF ',c) Cou it,6u to Sheriff. Te eoso`t. Inc_ SHERIFF'S OFFICE OF,YORK COUNTY Richard P Keuedeber Sheriff Reuben B Zeager Chief Deputy, Operations PETER J. MANGAN, ESQ. Solicitor Richard E Rice, II Chief Deputy, Administration THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK Case Number VS. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON 10-5827-CIVIL IV (et al.) SHERIFF'S RETURN OF SERVICE 01/03/2011 10:30 AM - DEPUTY COREY STRINE, BEING DULY SWORN ACCORDING TO LAW, SERVED THE REQUESTED COMPLAINT IN MORTGAGE FORECLOSURE (CIMF) BY "PERSONALLY" HANDING A TRUE COPY TO A PERSON REPRESENTING THEMSELVES TO BE THE DEFENDANT, TO WIT: ELIZABETH THOMPSON AT 316 LIMEKILN ROAD, APARTMENT F, NEW CUMBERLAND, PA 17070. cjg!?- REY STRINE, DEPUTY SHERIFF COST: $70.27 January 14, 2011 NOTARY SO A RS, 7R C ARD P KEU RLEBER, SHERIFF Affirmed and subscribed to before me this , 14th JANUARY 2011 day of k,- (c) CountySuite Sheriff. Teleosoft, Inc.' NCTARI- USA THC7ZC17Y CF .,,. "Y zUG '' r.w rnnlntS?: ?` ' 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 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, Esquire Attorney I.D. 308951 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E vs. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED 2011 FEB -3 PM 12: 5", CUMBERLAND COUNTY PENNSYLVANIA ATTORNEYS FOR PLAINTIFF Court Of Common Pleas Civil Division : CUMBERLAND County : No. 10-5827-CIVIL-TERM AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated NOVEMBER 24, 2010 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in CUMBERLAND LAW JOURNAL on JANUARY 21, 2011 and THE SENTINEL on JANUARY 12, 2011. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. PHELAN 444IEG, LLP Phelan Ha ' arrSi Se?imieg, LLP / nce 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 c; Allison F. Wells, Esquire, Attorney I.D. No. 309519 William E. Miller, Esquire, Attorney I.D. 308951 Attorneys for Plaintiff Date: February 2, 2011 PHS# SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?F -14 Jody S Smith Chief Deputy Richard W Stewart Solicitor Amended 1 MA 17 P`F1 2: j_V A The Bank of New York Mellon Trust Company vs. Elizabeth Thompson (et al.) Case Number 2010-5827 SHERIFF'S RETURN OF SERVICE 01/19/2011 05:23 PM - Ryan Burgett, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2011 at 1723 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson IV, Deceased, pursuant to order of court by posting the premises located at 530 N. Second Street, Wormleysburg, Cumberland County, Pennsylvania 17043 with a true and correct copy according to law. RYAN BURGETT, DEPUTY SO ANSWERS, March 11, 2011 RON R ANDERSON, SHERIFF !bi Gour%,Sufto She? fi Te eo: fl n;. 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E VS. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Attorney for Plaintiff w 8CF n ?? ? -ra C" ) C : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : No. 10-5827-CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 4I4.oo Pn Arty cIP 108%co No's e Lt&LW Kindly enter judgment in favor of the Plaintiff and against ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, and UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED, 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 $84,597.07 Interest - 09/10/2010 to 05/27/2011 $3,918.20 TOTAL $88,515.27 I hereby certify that (1) the Defendants' last known addresses are 316 LIMEKILN ROAD, APARTMENT F, NEW CUMBERLAND, PA 17070-3400, and 501 E ELMWOOD AVE, APT B, MECHANICSBURG, PA 17055-4213, and mortgaged premises located at 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001, and (2) that notice given in accordance with Rule Pa.R.C.P 237.1. Date LJ Lawrence T. 4fielan, Esq., Id. No. 3;127 695 ? a man, Esq., Id. V62 Schmieg, Esq., Id. 205 ? 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 ? Courten R. Dunn, Esq., Id. No. 206779 Hl'?Ilison C. Bramblett, Esq., Id. No. 208375 F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ,3 PHS N 234252 ftOTfIONOTAY 234252 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Attorney for Plaintiff Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Cn Vivek Srivastava, Esq., Id. No. 202331 3 N ? Jay B. Jones, Esq., Id. No. 86657 cv _ _ --? ?. Peter J. Mulcahy, Esq., Id. No. 61791 M- Andrew L. Spivack, Esq., Id. No. 84439 c Chrisovalante P. Fliakos, Esq., Id. No. 94620 a.-- a , -# Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 " -D Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza. Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON F/K/A THE CUMBERLAND COUNTY BANK OF NEW YORK, AS TRUSTEE FOR THE : COURT OF COMMON PLEAS BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- : CIVIL DIVISION THROUGH CERTIFICATES SERIES 2006-E , VS. No. 10-5827-CIVIL TERM ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, , DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED AFFIDAVIT OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: 234252 (a) that the defendants ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED and JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, 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 Plaintiff is without information sufficient to determine whether the defendant FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED is 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. (c) that defendant ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED is over 18 years of age and last known address is 316 LIMEKILN ROAD, APARTMENT F, NEW CUMBERLAND, PA 17070-3400, and mortgaged premises located at 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001. (d) that defendant JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED is over 18 years of age and last known address is 501 E ELMWOOD AVE, APT B, MECHANICSBURG, PA 17055-4213, and mortgaged premises located at 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001. (e) that defendant FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED is over 18 years of age and resides at 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001. (f) that Plaintiff is without information sufficient to determine whether the defendant(s) UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED 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; and (g) that Plaintiff is without information sufficient to determine whether defendant UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED is over 18 years of age and resides at 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001. 234252 This statement is made subject to the penalties of 18 Pa. C. e+04 relating to unsworn falsification to authorities. - -' Date / L Esq., Id. No. 227 Francis S. Hall , Esq., Id. No. 6 95 ? Daniel G. Schmieg, Esq., Id. No. 205 ? Michele M. Bradford, Esq., Id o. 69849 ? Judith T. Romano, Esq., Id. N'o. 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 1. Goldman, Esq., Id. No. 205047 ? Courtena . R. Dunn, Esq., Id. No. 206779 ? An C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. Plaintiff ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5827-CIVIL TERM CUMBERLAND COUNTY TO: FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 DATE OF NOTICE: May 16, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 234252 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. Plaintiff ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, M HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5827-CIVIL TERM CUMBERLAND COUNTY TO: UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 DATE OF NOTICE: May 16, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 234252 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5827-CIVIL TERM CUMBERLAND COUNTY TO: JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 DATE OF NOTICE: May 16, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 234252 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5827-CIVIL TERM CUMBERLAND COUNTY TO: JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 501 E ELMWOOD AVE, APT B MECHANICSBURG, PA 17055-4213 DATE OF NOTICE: May 16, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 234252 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 `Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E V. Plaintiff ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5827-CIVIL TERM CUMBERLAND COUNTY TO: ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043-1001 DATE OF NOTICE: May 16, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 234252 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVENUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 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 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 -Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 234252 THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL. PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISON NO. 10-5827-CIVIL TERM CUMBERLAND COUNTY TO: ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED 316 LIMEKILN ROAD, APARTMENT F NEW CUMBERLAND, PA 17070-3400 DATE OF NOTICE: May 16, 2011 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PHS # 234252 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 By: PHS # 234252 (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON F/K/A THE CUMBERLAND COUNTY BANK OF NEW YORK, AS TRUSTEE FOR THE , BENEFIT OF THE CERTIFICATEHOLDERS OF COURT OF COMMON PLEAS POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E VS. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED : CIVIL DIVISION : No. 10-5827-CIVIL TERM Notice is given that a Judgment in the above captioned matter has been entered against you on 6A111 By: V/GU? id. r ?I If you have any questions concerning this matter please contact: ? 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 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 y R. Dunn, Esq., Id. No. 206779 ? Co e'r drew C. BramblettEsq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 ? William E. Miller, Esq., Id. No. 308951 ? Melissa J. Schemer, Esq., Id. No. 308912 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 ** THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY" 234252 UDREN LAW OFFICES, P.C. ATTORNEY BY: MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 SHERRI J. BRAUNSTEIN, ESQUIRE - ID #90675 PAIGE M. BELLING, ESQUIRE - ID #309091 HARRY B. REESE, ESQUIRE - ID #310501 AMY GLASS, ESQUIRE - ID #308367 KASSIA FIALKOFF, ESQUIRE - ID#310530 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF r2n ED M z ? ? r r- ? MC) a > C= THE BANK OF NEW YORK MELLON :COURT OF COMMON PLEAS F/K/A THE BANK OF NEW YORK, AS :CIVIL DIVISION TRUSTEE FOR THE BENEFIT OF THE :CUMBERLAND County CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- THROUGH CERTIFICATES SERIES €:NO. 10-5827-CIVIL TERM 2006-E Plaintiff V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED UNKNOWN 530 NORTH 2ND STREET WORMLEYSBURG, PA 17043 Defendant(s) ENTRY OF APPEARANCE AS CO-COUNSEL TO THE PROTHONOTARY: Kindly enter the appearance of the following co-counsel: m w C , C) -r N p?C?f o -.s z? Mark J. Udren, Esquire; Stuart Winneg, Esquire; Lorraine Doyle, Esquire; Alan M. Minato, Esquire; Sherri J. Braunstein, Esquire; Paige M. .... Bellino, Esquire; Amy Glass, Esquire; Kassia Fialkoff, Esquire and Harry B. Reese, Esquire on behalf of the Plaintiff, THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2006-E in the above-captioned matter. UDREN LAW OFFICES, PAC. BY: U! ?` M RFI 11N0, FSQULRE PA !D ti MGE M. BELUNO, ESQUIRE PA 10 309091 11100892-1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 10-5827 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff (s) From ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV. DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HIER OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON IV, DECEASED (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: $88,515.27 L.L.: $.50 Interest FROM 9/9/2010 TO DATE OF SALE SEPTEMBER 5, 2012 ONGOING PER DIEM OF $15.07 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $10,970.96 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $303.40 Other Costs: Plaintiff Paid: Date: 5/7/12 David D. Buell, Prothonota (Seal) ?By: Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308909 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 121!,r, - 7 Af-I 9:15 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 "'Ili*'IBFRLAND COUNT 856-669-5400 PENNSYLVANIA pleadin2s(a udren.com The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff V. Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due ath? Ug 9,. s? p? U c?i a 60 )0 . do u h Interest From 9/9/2010 to Date of Sale September 5, 2012 Ongoing Per Diem of $15.07 to actual date of sale including if sale is held at a later date (Costs to be added) 1 u . GOk n 1u 001" p "" ? ?#: 11100892 CASE#: 11100892-1 transfer 4 da $.88,515.27 $ 10,970.96 UDREN LAW OFFICES, P.C. BY: Attorney for Plaintiff KASSIA FIAIKOFF, ESQUIRE PA ID 310530 $ , SQ a g3ay iqA;ny7F 7 UDREN LAW OFFICES, P.C. `ATTORNEY FOR PLAINTIFF .! o WOODCREST CORPORATE CENTE#1 2 I -7 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 U,`l8ERLAN0 C0Ut# 3 856-669-5400 P `N N S Y LVA N I A plleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff V. Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term CERTIFICATE OF ACT 91 I hereby state that as the attorney for the Plaintiff in the above-captioned matter: ? Act 91 procedures have been fulfilled n Premises is not subject to the provisions of Act 91 as this is an FHA insured mortgage This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: Attorney for Plaintiff UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a),udren.com The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff V. Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 r-rj BCD CD C The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 530 North 2nd Street, Wormleysburg, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 316 Limekiln Road, Apt. F New Cumberland, PA 17070 Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 501 E. Elmwood Avenue, Apt. B Mechanicsburg, PA 17055 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 316 Limekiln Road, Apt. F New Cumberland, PA 17070 Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 501 E. Elmwood Avenue, Apt. B Mechanicsburg, PA 17055 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Jr Lien Holders - None 4. Name and address of the last recorded holder of every mortgage of record: The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E 1661 Worthington Road #100 West Palm Beach, FL 33409 Sr Mortgage Holders - None Jr Mortgage Holders - None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders - 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: Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 530 North 2nd Street Wormleysburg, PA 17043 Internal Revenue Service, Pittsburgh Office Moorehead Building, 1000 Liberty Avenue, Rm 112 Pittsburgh, PA 15222 Department of Public Welfare, TPL Casulty Unit, Estate Recovery Program PO BOX 8486, Willow Oak Bldg. Harrisburg, PA 17105-8486 Commonwealth of PA, Bureau of Individual Tax, Inheritance Tax Division 6th Floor, Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Cumberland County Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 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: Federal Tax Lien Holders - None Condo/Homeowners Association - None I verify that the statements made in this affidavit are true and correct to the best: of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: MJU#: 11100892 CASEM 11100892-1 transfer UDREN LAW OFFICES, P.C. BY: `--_? Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a-)udren.com The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff V. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY w.. r? ?"r s -- TO: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 316 Limekiln Road, Apt. F New Cumberland, PA 17070 Your house (real estate) at 530 North 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriffs Sale on September 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $88,515.27, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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. 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.) I 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 856-669-5400. 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 856-669-5400. 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 after 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 Schedule of Distribution is filed. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF i"` `; '~~~ ~'~-~~~~ P~~~"NO QTARY The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholdera of Popular ABS, Inc. Mortgage Paws-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, TV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, TV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED, Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term ~'~'~`~€~'~~L~,ND Ci ~':~F;SYLVA~ AFFIDAVIT OF SERVICE PURSUANT TO Pa.RC.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriffs Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party laiown as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriffs Sale was sent to Defendant(s) by regular mail and certified mail on the date appearir on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on th attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit ..B.. All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ~' UDREN LAW OFFICES, P.C. BY tt HARRY B. REESE, ESQUIRE PA ID 310501 ANTY MJIJ#: 11100892 CASE#: 11100892-1 transfer .UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HII.L, NJ 08003-3620 856-669-5400 ~rne tsanx of New Yorx lvteuon vxia me tsanx of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mort age Pass-Through Certificates Series 2006-~ Plaintiff v. ELIZABETH THOMPSON IN HER CAPACITY AS HEIR OF ~RANKLIN B. THOMPSON, TV, DECEASED FRANKLIN $. THOMPSON V IN ffiS CAPACITY AS HEIR OF F=RAIiII~,IN B. THOMPSON TV, DECEASED JAMES E. T~OMPSON, IN ffiS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON IV DECEASED UNKNOWN ~EI~tS SUCCESSORS ASSIGNS, AND AL>J PERSONS, FII~tM5, OR ASSOCIATIONS tZAIMING RIGHT, TITLE (')R INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, TV, DECEASED; Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ALL PARTIES IN INTEREST AND CLAIMANTS OWNER(S): ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, TV, DECEASED JAMES E. THOMPSON, IN ffiS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, TV, DECEASED UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, TV, DECEASED; PROPERTY: 530 North 2nd Street, Wormleysburg, PA 17043 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on 09/05/2012 a 10:00 AM, at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 1701. Our records indicate that you may hold a mortgage or judgment on the property, which will be extinguished by the s le. You may wish to attend the sale to protect your interests. The Sheriff will file a Schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days afte the filing of the schedule. 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Ivs M~ ~'i~gMP ~ IMRY:~ ~ d s p • ~ ~ ay PoroFgt~+ eQ Xs11J '~! 1 NhPs W ~ s P ~ a a1 P 04 ~sJgse~li wrpy s 11r,10~ ~ '1lsW AefIR~J `dIs31C~1 ~ ~plk~ ~ ~ FXy~,g~TA ,~~~`` ^ z ~ i ^ ~ ^ Prfnt your name and address on the reverse so that we can return the card to you. ~, ~ ~ t ~ l ~ ^ Attach this card to the bads of the maUpiece, or on the front ff space permits. D. Is address dtfiersnt irom item 1 D Yes '. 1. Article Addressed to: M YES. errter dsNvery address below: ^ No {R$, P~ph UfIIOS, Nf00f+1NtNd BWI~p f 000 tibeKl~r Avenue, Rm 112, PMisburQh, PA 15222 ~ ~, Map E~q~rees Mdl ^ Padxrt Receipt Nleroher-dise , ^ !named MCI ^ O.D, 4. Resdicbed deliv8eyl ~ Feel lfla8 z. i°'~"`rr"~` 701 278 Q4~3 4690 5242 ~~ PS Form 3811, February 2004 Domestic Return Receipt , 5~o2-ra--,sao ~• ,r r' FxH,~r,~ UDREN LAW OFFICES, P.C. ATTORNEY FOR WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleaclinss(a7udren.com The Bank of New York Mellon f/k/a The € COURT OF COMMON PLEAS Bank of New York, as trustee for the benefit :CIVIL DIVISION of the Certificate holders of Popular ABS, € Cumberland County Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. Elizabeth Thompson, in her capacity as heir of Franklin B. Thompson, IV, Deceased € NO. 10-05827 Franklin B. Thompson, V, in his capacity as heir of Franklin B. Thompson, IV, Deceased € James E. Thompson, in his capacity as heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuaY to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed t Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(: as follows: DATE MAILED: June 11, 2012 Elizabeth Thompson, in her capacity as heir of Franklin B. Thompson, IV, Deceased Franklin B. Thompson, V, in his capacity as heir of Franklin B. Thompsoq, IV, Deceased James E. Thompson, in his capacity as heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Rig Title or Interest From or Under Franklin B. Thompson, IV, Deceased 530 North 2'''D Street Wormleysburg, PA 17043-1001 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification. to authorities. Dated: August!Z~ , 2012 UDREN LAW OFFICES, P.C. BY~a nn ~ ~~ Attdrfiey" fi~~-~ladfff"iff HARRY B. REESE, ESQUIRE PA ID 310501 _,__ _ t _~ f . -° FILED-QFFIDE QF THE PROTHQNOTAkY' N(W 2 22~~4 2a~a Gov ~o ~~ Eon ~~ cuMQERLAND co~~TY PcPd'~tSY-_Vafi~lA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K!A COURT OF COMMON PLEAS THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION T . F. RB~FRTT flF. TE'~~l~, Ti.Fls'-ATE~T!l~I.~.13I~:S~ OF POPULAR ABS, INC. MORTGAGE N0. 10-5827 CIVIL TERM PASS-THROUGH CERTIFICATES SERIES 2006-E `j: ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED ET AL. ORDER CUMBERLAND COUNTY AND NOW, this Z `l ~ ~, day of 1'~l o V . , 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Ozder of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430{b)(1), and by mailin a true and correct copy of the ~o ~z~~ ~~~~ ~ ~~r complaint by Certified mail and Regular mail and by posting the mortgaged premises 530 NORTH 2~D STREET, WORMLEYSBURG, PA 17043-1001. x;. tt~X ry ~~ r.` _,_ r ., It is further QRDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. 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I_ ~ ' I o ~ y j c o c II y~l I ~ I ~ i ~ i m.~ p~I T ' cI ~ a m aa jrDO„ `II it ~ 016H26519216 ~~a~ S ~ ' ~ ' i c ' -y ~ ~ ~Q~ 7 Q . V ~ ~ ~ ~ ~ ~ I ~ ~ osi1v2012 '` I ~ ~ •+ ~ ~ I ~"'. "°'-.~ - 'r Mailed F Q I C $ Q -°e N -~ Ap r ~ I < u 88 j II ' ~. rom 08003 ", ' ,,°',.....~._ `.s`,>'F'~` t?~ Rf2$ i ~iv~ ~~ y~ 2' ~ ~ I ° ~+ w 00 F+ A 7~ T ' C r ry 25 A ~ O O p. ~ ° ~ l '~ ja,~~^ I V ~ fC N ~'! p ~ R o ' ie& ~f ~+ fA 1 '~ ^ 'S ~ ~ ~ I n R Q a~ ~ ~ °° ° k_ ` .. C C R o o 6 8. n s Ce~o Ao''"' o. R.; ma~R~~ ~ j a-° ~ ~ p ~= ~~~ I ~ $ 0 3 I X S 3 1 nR ai, ~ 5 0 0 ~~~~~m I - mp nl ~ '. O C. '3 p i a ~ ~ S' ~ `e .o O I a t C ~7 n=' ~ ' Sz_a .~~w;~°~ ~ o pat I ~ I I ~ S_~~~3 ~ g~ ~ o~ m$ i, ~ ~ i~ a n ~' ~ m ~ ' ^^~ ° o ~~ a a ~p I °. ~ ^e ~a ~ ~ ? q~ ~2Ra II ~ it ~ o ~~ 6•~ j A - °c _. c H n ~ ~ H ~n i R ~ ' °.~S ! ' A I t . " w-~. ~-S I .-. I ~aj Wm I C C y G R A ~ a Na'~ ~. ~, a ,d ~ gc ~ ~ ~ I o O OD ~ ' ° ~o8mo ~ N '' , ~ 2. c . T '~ I I ~ ', ~ o S 3 ~ I i ~, -°n ad 9 ~ ~~ ~ ~ c. ~dx n~~ ~ A ~ x ~. ~ ~ y ~ ~~~ -~On Ana^~ n o ~ C17 w~ ~m No ~~ on i ~ ~~~~ I I ~ n ~ ~ ? °v ~ °-° o y ~' ~ ~ ~ o ' ^ 0 ~ ^ I! i , ~ y, ~ n, c ~ ~ ~~ a ~ rn ~ ~ ~ h a c i ~ ~' o n ~ ~ 00 an ^~~ ~~p y c7 ~ ~ ~ I ~ .' O O , I .. ~ ', .A ~ I~ o ~~ h ~ ~ y m ~ ~~ ~, I ~ ~~ 'm ~ -y'~ c i ~ c ~ ., rn o II~ < ~ ~ I ~I I i I I I ~ ~~ o 'b a, ° a o ~:~ ~ "- - 0 3 c ~ 0 7 ~ I I I ~n ~ A ~ I ~ I ~ m ~ . - .~ ~ o - - o I ^+ I I - O ~ 00 y' ^• ~ ~' I ~ ~ I ____ ~ __ ,, . ~ F I n I r ~ ` , ~ ~ ~ ~ • as 1""'t~ I } . ~ I i ~, = ~. I ' I I ~ ~ I j 3 I w I I x y , 'I UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Baak of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMFSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED; et al Defendant(s) ATTORNEY FOR COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-05827-Civil Term PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: ~/Z`Z - ~ UDREN LAW OFFICES, P.C. B A HAR B. 'gt:~Ul.kl~ PA ID 310501 ~, . _ . .. ' , ~ k4 • The Bank of New York Mellon, et. 81., Plaintiff(s) rs. Elizabeth Thompson, et. al., Defendant(s) -- - UDREN LAW OFFICES ~ Ms. Henni Crommarty ll l Woodcrest Rd., Ste. 200 Cherry Hill, NJ 08003-3620 Service of Process by APS International, l 1-800-328-7171 APS loternational Phza 7800 Gknroy Rd. Minneapolis, MN 55439-3122 APS File #: 1 177 1 6-0002 AFFIDAVIT OF SERVICE -- Indivi ual Service of Process on: --Unknown Heirs, Successors Assigns and All Pe ons, Firms or Assocations Claiming Right, Title or Interes from or under Franklin B. Thompson, IV, Deceased by sting Court Case No. 10-05827-Civil Term L_ State of• ss. County of Name of Server: C~,r;skra n for e-e ( ,undersigned, being duly sworn, deposes and ays that at the time of service, s/he was of legal age and was not a party to this action; Date/Time of Service: that on the ~~ day of _ ~ ~ , 20 1 ~ , at 1~ :1,y o'clock ~,l~I Place of Service: at 530 North 2nd Street ~ In Documents Served: the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property w/ Order Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Unknown Heirs, Successors Assigns and All Persons, Firms or Assocations Clai Person Served, and Itig`t, Title or Interest from or under Franklin B. Thompson, liV, Deceased ~ 1 Method of Service: ^ By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of , a pets n of suitable age, who verified, or who upon questioning stated, that he/she resides with Unknown Heirs, Successors Assigns and All Persons, Firms or Assocations Claiming Rig t, Titl at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ;Skin Color ;Hair Color ;Facial Hair, Approx. Age ;Approx. Height ;Approx. Weight [.1 To the best of my knowledge and belief, said person was not engaged in the US the time of service. Signature of Server: Undersigned declares under penalty of perjury Su a to before me that the foregoing is true and correct. / l Signature of Server i (Commiss' APS International, Ltd. ~,J..; OOINMONWEALTH f>F P@MiSYLIfiAN1IA \ ,`:. Notrlal Sall M. MittlaNe Gtry~ory NotatY Aulllk ~+ at The Bank of New York Mellon, et. al., Plaintiff(s) vs. Elizabeth Thompson, et, al., Defendant(s) UDREN LAW OFFICES Ms. Henna Crommarty 111 Woodcrest Rd., Ste. 200 Cherry Hill, NJ 083-3620 Service of Process by APS Internationa Ltd. 1-80{1-328-71 1 APS International Plaza 7800 Gknroy Rd. Minneapolis, MN 55439-312 APS File #: 117716-0001 AFFIDAVIT QF SERVICE -- Indi idual Service of Procas on: --Elizabeth Thompson, in her capacity as Heir of ranklin B. Thompson, IV, Deceased b posting Court Csse No. 10.05827-Ci it Term State of• ss. County of: Name o[Server: ~ ~rrS-{~Pa.•+ _~l~~a~ 1 ,undersigned, being duly sworn, deposes an says that at the time of service, slhe was of legal age and was not a party to this action; ,. Date/Time of Service: that on the ~? day of Jc. ~~ , 20 12 , at ~:1d o'clock M Place of Service: at 530 North 2nd Street ~ m Wormle s ur PA 17043 Documents Served: the undersigned served the documents described as: Noticc of Sheriff's Sale of Resl Property w/Order Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, N, Dece eel by Person Served, and tin Method of Service: By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of , a p son of suitable age, who verified, or who upon questioning stated, that he/she resides wi h Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, N, Deceased b posting at the place of service, and whose relationship to the person is: Descriptioa of Person The person receiving documents is described as follows: Receiving Documents: Sex ;Skin Color ;Hair Color ;Facial Hair Approx. Age ;Approx. Height ;Approx. Weight ^ To the best of my knowledge and belief, said person was not engaged in the US Mil tary at the time of service. Signature of Server: Undersigned declares under penalty of perjury Subscri an s t before me that the foregoing is truee and correct. day / ,~ ~ Signature of Server dblic {Commission APS International, Ltd. ,,~„ :. ~ _ --- 1tiM#laP 1M'dM1M SMI ~ ,y M. iHICIte,Me Gulrlon, Notaty R1bYc ..,~, hrNNe Sao, Cumbatsnd hAwtty 92016 ~ ~ OF NQrM d~ _.,,a ~. ! MENHIR, /~NKYLVNIAA The Bank of New York Mellon, et. al., Plaintiff(s) vs. Elizabeth Thompson, et. al., Defendant(s) ~ -- -- UDREN L.AW OFFICES j Ms. Henni Crommarty I 1 l Woodcrest Rd., Ste. 200 i Cherry Hill, NJ 08003-3620 _ ~ State of• s. County of• Name of Server: ~l~,u~+;a.~ 'fie. ~ ~ ,undersigned, being duly sworn, deposes and ~ that at the time of service, s/he was of legal age and was not a party to this action; Daterl'ime of Service: that on the 1 ~ h day of ~ , 20 1~ , at 12 2y o'clock .~N~ Place of Service: at 530 North 2nd Street ~ 1n Documents Served: the undersigned served the documents described as: Notice of Sheriff s Sale of Real Pronertv w/Order Service of Process on: Person Served, and Method of Service: Service of Process by APS International, 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis; MN 55439-3122 APS File #: 117716-0001 AFFIDAVIT OF SERVICE -- Indivi ual Service of Process on: --Franklin B. Thompson, V, in his capacity as H it of Franklin B. Thompson, IV, Deceased by p sting Court Case No. 10-0582?-Civil erm A true and correct copy of the aforesaid document(s) was served on: Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, ^ By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of , a pers of suitable age, who verified, or who upon questioning stated, that he/she resides with Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ;Skin Color HairColor ;Facial Hair Approx. Age ;Approx. Height ;Approx. Weight ^ To the best of my knowledge and belief, said person was not engaged in the US Mili ry at the time of service. gn ary APS International, Ltd. .. -- - hc,~ _ ,.. ~ t~1o~g1M15aM ~., NI. Michslk C,ttylon, NodtN Pubes ,. came 6oro, olniba~+d `""~ ~ ,~ ;~ ,t CAaaAMMm ~~~- Signature of Server: Undersigned declares under penalty of perjury Subsc ' d a d sw t before me th ~. that the foregoing is true and correct. of D Si ature of Server Not Public Commission The Bank of New York Mellon, et. al., Plaintiff(s) vs. Elizabeth Thompson, et. al., Defendant(s) Service of Process by APS Intereational, td. 1-800-328-7171 APS International Plsaa 7800 Glenroy Rd. Minneapolis, MN SS439-3122 APS File tf: 117716-0001 __ ___ ____ _ _ _ AFFIDAVIT OF SERVICE -- Indivi ual A ~ Service of Process on: UDREN LAW OFFICES --James E. Thompson, in his capacity as Heir of Fran lin B. A1s. Henni Crommsrty I Thompson, 1V, Deceased by osting Court Case No. 1 U-05827-Civil Term 111 Woodcrest Rd.. Ste. 200 Cherry Hill, NJ 08003-3620 L.. _ _ _ State of: - ---'w --- - ss. --- ------ - ------ ----- - - ---- -- County of {~' . ) Name of Server: c~ hf,'S~Ia.. l~Uea~ / ,undersigned, being duly sworn, deposes and ys that at the time of service, s/he was of legal age and was not a party to this action; DaterCime of Service: that on the day of _ ~ ~..~,. , 20 ~, at ))?:~v o'clock Place of Service: at 530 North 2nd Street , in Documents Served: the undersigned served the documents described as: Notice of Sheriff s Sale of Real Property w/Order Service of Process on: Person Served, and Method of Service: A true and correct copy of the aforesaid document(s) was served on: James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased by ^ By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of , a pers~ of suitable age, who verified, or who upon questioning stated, that he/she resides with James E. Thompson, in his capacity as Heir of Franklin B. Thompson,lV, Decxased by p~ at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ;Skin Color ;Hair Color ;Facial Hair Approx. Age ;Approx. Height ;Approx. Weight ^ To the best of my knowledge and belief, said person was not engaged in the US Milit ry at the time of service. Signature of Server: Undersigned declares under penalty of perjury Subsc ' d si~d s to before me th that the foregoing is true and correct. day , ~ ---~--~% Signature of Server uh ~~,..,~«~ , APS International, Ltd. ~ Tti SE Y~IHA . ~ M. MidteMe C,ttyeon, NotatY PubMc ., ~ CatMNe Boro, Cumb~ttn0 CaMRY Oo~RnM~Non 93016 ~R ~ tr ~~ c T-~, M~ y .ARMS ~~ P-~..r~lr v may, ,. UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED; et al Defendant(s) ATTORNEY FOR COURT OF COMMON PLEAS CIVILbIVISION Cumberland County NO. 10-05827-Civil Term PRAECIPE TO FILE PROOF OF PUBLICATION TO THE PROTHONOTARY: Kindly file the attached Proofs of Publication with regard to the captioned matter. Date: g~2`2.' ~ ~` UDREN LAW OFFICES, P.C. r B A aintiff HARRY B. REESE, ESQUIRE PA ID ~1050f ~. __ _ _ FI1_EO-OFFICE OF THE PROTHONOTARY ITV 2 22~1t# 2410 htOV 30 A!~ 10~ 33 CliME3ERLANO COUFiTY FEti"iSY! VANlA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION THI~~.A~,1~E.FTT' f]F T~TF r~~ttTtF1.~~°.TEIi~L.1,S. rti..---.-. wR R ..... ... ... .. OF POPULAR ABS, INC. MORTGAGE N0. 10-582? CIVIL, TERM PASS-THROUGH CERTIFICATES SERIES 2006-E CUMBERLAND COUNTY v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED ET AL. ORDER AND NOW, this L `l ~ L day of ~ o V . , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLFN B. THOMPSON, IV, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430(b}(1), and by mailin a true and correct copy of the ~ a e.z~~- k t7 owl ~ e, i r complaint by Certified mail and Regular mail and by posting the mortgaged premises 530 ti NORTH 2xD STREET, WORMLEYSBURG, PA 17043-1001. ~..~. 'rti k~IF A ~ ... 4:,._ _. _ _ T ~_ _. _ I It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to fide a certificate of service with the Prothanotary's office to assure compliance with this court order. BY Ti-iE COURT: d~ ... Y..R:~ ~ ~~_~, .. ~.____ ._..., _ r_.,. ,. .. .PROOF OF PU$LICATION State of Pennsylvania, County of Cumberland Jackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): June 15, 2012 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tr e. S`wrorn to and subsc ' ed before me this Notary Public My commission expires: -~~ Bhi,r,~, ~ n~,! tJotary tu[.,,, CA~iLISLE BOROUGH, CUMEe~.:_. ^ C:~;TY 1 "WtyCommission Expires .Ian ll, 2U14 s" • ~ °, ~ ~sx~ ~. __ ._ ~ _ _ __ ~ _ _, _- 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 aforesai , 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 June 22, 2012 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 faregoing statements as to time, place and character of publication are true. _._--- L' a Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 22 day of June, 2012 Notary ti:v ~~~ t ~,~+ ,' NOTARIAL SEAL +~.~, ~ ~' DEBORAH A COLLINS . ~ ~~n ~ ~' Noh P bli . ry u c • CARLISLE BOROUGFI, CU~ERLAND COUNTY My Commiaaion Expires Apr 28, 2014 • CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTQA(iE FORECL08URE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-05827 Civil Term The Bank of New Yark Mellon f/k/a The Bank of New York as Trustee for the Benefit of the Certificateholdera of Popular ABS, Inc., Mortgage Pass-Through Certificates Series 2006-E Plaintiff vs. Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, N, Deceased, Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, N, Deceased, James E. Thompson, in his capacity as Heir of Franklin B. Thompson, N, Deceased and Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, N, Deceased Defendants NOTICE OF SALE OF REAL PROPERTY To: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, N, Deceased, Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, N, Deceased, James E. Thompson, in his capacity as Heir of Franklin B. Thompson, N, Deceased and Unknown Heirs, Successors, As- signs, and All Persons, Firms, or Associations Claimnig Right, Title ar Interest From ar Under Frank- lin B. Thompson, N, Deceased, Defendants, whose last known address is 530 North 2nd Street, Wormleysburg, PA 17043-1001 4 Your house (real estate) at 530 North 2nd Street, Wormleysburg, PA 17043-1001, is scheduled to be sold at the Sheriff a Sale on Sep- tember 5, 2012 at 10:00 a.m. in the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Fl., Carlisle, PA, to enforce the court judgment of $88,515.27, obtained by Plaintiff above (the mortgagee) against you. ff the sale is postponed,. the property will be relisted for the Next Available Sale. PROPERTY DESCRIPTION: BEING KNOWN AS: 530 North 2nd Street, Wormleys- burg, PA 17043. PROPERTY ID NO.: 47-19-1588-039. TITLE TO SAID PREMISES IS VESTED IN Franklin B. Thompson, N BY DEED FROM Franklin 8. Thompson, N and Virginia S. Thompson, h/w DATED 05/ 19/ 1994 RECORDED 05/25/1994 IN DEED BOOK 105 PAGE 1054 OR AT INSTRUMENT NUMBER. UDREN LAW OFFICES, P.C. Attorneys for Plaintiff 111 Woodcrest Rd. Ste. 200 Cherry Hill, NJ 08003 (856) 482-6900 June 22 r. . UDREN LAW OFFICES, P.C. WOODCR ST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, 1V, DECEASED; UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED; et al Defendant(s) ATTORNEY FOR COURT OF COMMON PLEAS ~ `~ CIVIL DIVISION Cumberland County ~~ - c, r -~C ~ ~.s NO. 10-05827-Civil Term ~~ 3 z~ -< --- PRAECIPE TO FILE PROOF OF PU$LICATION TO THE PROTHONOTARY: Kindly file the attached Proofs of Publication with regard to the captioned matter. Date: ~~~`L" ~ ~" UDREN LAW OFFICES, P.C. B A aintiff HARRY B. REESE, ESQUIRE PA ID 310501 -n FILED-OFFICE 4F TAE PROTHO~IOTARY~ 210 HOV 30 Aft I0~ 33 cuMr3ER~.AHO eoutiTy PE~'~lSY~ VANlA 222~~0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NE W YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK, AS TRUSTEE FOR CIVIL DIVISION T~{.F... RFN.~ETT f~F. TNF C~'R'r'zF1•f;AT~'H!(JTd,~F.R~~ ..... ~,~....; OF POPULAR ABS, INC. MORTGAGE NO. 10-5827 CIVIL TERM PASS-THROUGH CERTIFICATES SERIES 2006-E CUMBERLAND COUNTY v, ELIZABETH THOMPSON, IN HER CAPACITY AS HEiR OF FRANKLIN B. THOMPSON, IV, DECEASED ET AL. ORDER AND NOW, this L `'~ ~ L day of 110 ~/ . , 2010, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430{b){1), and by mailin a true and correct copy of the com taint b Certified ail tar ~~ Ga`-~ k~ow~ ~ e,~r p y m and Regu mail and by posting the mortgaged premises 530 ti NORTH 2~D STREET, WORMLEYSBURG, PA 17043-1001. It is further ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliancc with this court order. BY TI~iE COURT: J,. ti+:~~c + 1 '' „ ~ I `~i~l~ e. tJl~t~ ~ j, ~ ~ I'. ~ 3` `l i , ~11,~~1t(,7n ~.i111,.1 r'. ~'.'''.i lli'~L i C ltll!lr, <i !1('' ~~~h.~l .i:1t{. ftOTlC'~ OF A(TI ItJN IN MORTGAGE FORECLOSURE_ 3N THE COURT OF COMMON PLEAS OF ..^, .IvIE3ERLANO COUNTY, PENNSYLVANIA CIVIL. ACTION-LAW v€) 10-0582'-Civil Term rye H nR o Nos ,r: P. -I ~ t ,,; a Thry Bank of New Yo*k as Trustee fo~ tnr_ Bena!it of the ' 'n _:.'~~t tiers. of PopularABS, Inc. tvlartgage P,3s 1 hr ugh ~ r' ~. Se~~es 2G06-E. Plaintiff vs. Elizabeth ~i hompscn. n'ir r eal c !~~ +iklin 6. Thompso^. IV, Deceased. Frenkiin B Thomps ~ '. y as Heir of F ranklin B. Thompson, IV Decease Ja ~ w~.~n in his capacity as Heir of Franklin B. Tlwmps~ i. ~caa ~~j LmKrn;wn kleirs, Successors, Assigns, anc A.li Peso ~ F -~ ~.'~~ns Claiming Right.. Title or Interest Fr~nn or J,~s • h"~ ovb 7w:cl> , ' Deceased. Defendants t~UTICE t ~ SALE OF REAL PROPERTY Fl+,~aoe ~~ ~+"PUi ~pson r' ,iar capacity as -leir of Franklin B_ Thompson, I'/ Deceasedf. Frar ~ un B ' t ornpson v, in his capacity as Heir of Franklin B Th ,mpsc+r..'V r~-„easer 3ames E Thompson, in his capacity as Heir a Franklin F Thompson :'e Deceased and Unknown Heirs, Successor<, Aligns-and AP. !-erso+~s Finns. or Associations Claiming Right, Title or im:+arest From e+ _rnder != anklin B T~:ompson, IV, Deceased, Defendants. ~rtro e In t k+=.w:n aefd~Fr , 530 NonYr 2nd Street, Worrnleysburp_ PA 77U 31(01 our i~iouse ~.rea ;atei a~ _~30 North 2nd Street, Wormley^,burg, PA ? ; Oa3 1 CJ1 i nedu++~+ [;~ ae sold at the Sheriff's Sale on September a 7.01 ~ at 1 _00 a ~~. ~n t!,~a +.imberland County Courthouse. Comrnissione's rir:a~mg F~ocn ~-d loo Carlisle, F'A. Co enforce thecourt judgment of 38i; ~ , 5 2 % oot nod i~,c ~ +~nimiff above (the mortgagee) against you. li the ,a!a Nastpor the _a - r ~ +~;II o; ;e', ted`o' the; Naxt Availaole Sale. ~FiOP(=RTY DEti ;RIPTIJN BEING KNOWN AS' 530 North 2nd Street. Wormleysburg, ~'A 17043. PROPERTY ID NO 47-19-1588-039. TITLE T<.; SAIL PREMISE > IS VESTED IN Franklin B. Thompson, IV BY DEED FROM Franklin !3 Thompson, IV and Virginia S. Thompson, h/w DATEU 05'19+'1994 RECC+RDEU OEi/2.'ii1994. IN DEED BOOK 105 PAGE: 1054 Of3 AT INSTRUMENT NUP,ABER. Udrea Law Offices. P.~.. Atr~rneys for ~'larn*.iff ': 11 ~hloodcrest Roan, Suite ?00 Uherry Hill, NJ 0800.3 _r;0-a:g~?-60i~ ~ i'. y l 1 .; ~~. . ., State of Pennsylvania, County of Cumberland PROOF OF PUBLICATION Lackie Cox, Sales Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation uz the Borough of Carlisle, County and State aforesaid, was established December 13t", 1881, since which date THE SENTINEL has been regularly issued in said Countw, and that the printed. notice or publication attached hereto is exactly the same as was printed and published. in the regular editions and issues of THE SENTINEL on the following day(s): Lune 15, 2012 COPY OF NOTICE OF PUBLICATION NOTICE OF IN TH N0.1f1.85827 The Bank of New York Marlon f/k/a The Benefit of the Celtificateholders of F< Pass-Through Gartffs;atsa Series 201 in her capacity as Heir of FrankBh B. ' Thompson; V, in his capacity as Heir Deceased, James E. Thompson. in h Thompson, IV, Deceased and UrNmc All Persons, Firms, or Asaociatkme G Undar Franklin 8. Thompson, IV, Ue~ 1 Fflfn of New York as Trustee for the ABS; Inc. Mortgage 'fitingff va. ENzabeth Thompson, peat, IV; Deceased,. Franklin B. tlkklt B. Thompson, lV, aCUy as liek' of Franklin B. airs, Successors, Assigns, and w Right. Title or InterestFrom or To: Elizabstlt Thompson, in her capacity as Helr of Franklin B. Thompson, IV, Deceased; Franklin 6. Thompson, V, to his capacity as Heirof Franklin B. Thompson, iV, Deceased, James E. Thompson, ire his capacity as Heir of Frankel B: Thompson, kV, Deceased and Unknown Heirs, Successors, Assgfns; and AN Persons, Firms, of Assactefions GlaYning Right, Title or Interest From or Under Franklin B. Thompson, tV, Reoaased, l7efiendants, whose lest known address is 530 Nortlr2nd Street, Wormteysburg; PA 17oaa-xoot. Your house (teat estate) at530 North 2nd Sheet, Wornl~ysburg, PA 1.7043-1001, is scheduled to be sold aYthe Shellfi's Sale on tember 5, 2012 at 10:00. a.m. in the Gumtaeiland Cburaty Courthouse; Commissioners Hearkrg Room, 2nd FNmor, GetraWe;'PA, to enbrce the court judgment of 588,515.27, 4b~irled by Plaintiff abwre (the mortgagee) against you. jf the sale~OPTYtpanad, thB r rty will be relisted for the NextAveilable Sale. BEING KNOWN AS:530 North 2hd Street, MforiG P r7Qa8. f'RQPERTY 1D NO.: 47-t9-1588.039. TITLE TO SAME ~S !S VESTED IN Freri00ht B. Thompson, IV BY DEED FROM franpE(kt~Z~~tldnpsor~,,fV gild ~~ S, Thompson, h/w DATED 05/i 91189# #1E 1 -051?511911a ED BOOK 105 PAGE 1054 OR AT tNS'I'RLiMENT NtE`cH. Udran taw Offlaea, P.G„ AMtuneys for Pleintfif 111 WoogcrostRontt, Suite 200. Cflerrgtigl, NJ 080D9 . Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are try~e. ~ ~,~, ,~ ~! - J --- I, SWOrn t0 3~~/ 1.. My commission expires: before me thus ,. ill ^p c r ,~ u..-.. Notary Public T_. _ ,, _r __ ~. ~i PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTIi OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County an State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland La Journal, a legal periodical published in the Borough of Cazlisle in the County and State afores d, 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 regulazl 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, V12 June 22, 2012 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 subjec 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. L' a Marie Coyne, for SWORN TO AND SUBSCRIBED before me this 22 day of June. 2012 Notary _~ NOTARIAL SEAL DEBORAH A COLLINS Not~ryt Public • CARLISLE BDRDUGH, CUMBERLANQ COUNTY My Commbsion Expiros Apr 28,'2014 CUMBERLAND LAW JOURNAL I(OTICE OF ACTION IIl MORTaAQE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 10-05827 Civil Term The Bank of New York Mellon f/k/a The Bank of New York as Trustee for the Benefit of the Certificateholdera of Popular ABS, Inc., Mortgage Pass-Through Certificates Series 2006-E Plaintiff vs. Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, N, Deceased, Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, N, Deceased, James E. Thompson, in his capacity as Heir of Franklin B. Thompson, N, Deceased and Unlmown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, N, Deceased Defendants NOTICE OF SALE OF REAL PROPERTY To: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, N, Deceased, Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, N, Deceased, James E. Thompson, in his capacity as Heir of Franklin B. Thompson, N, Deceased and Unknown Heirs, Successors, As- signs, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Frank- lin B. Thompson, N, Deceased, Defendants, whose last known address is 530 North 2nd Street, Wormleysburg, PA 17043-1001 Your house (real estate) at 530 North 2nd Street, Wormleysburg, PA 17043-1001, is scheduled to be sold at the Sheriff's Sale on Sep- tember 5, 2012 at 10:00 a.m. in the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Fl., Carlisle, PA, to enforce the court judgment of $88,515.27, obtained by Plaintiff above (the mortgagee) against you. ff the sale is postponed, the property will be relisted far the Next Available Sale. PROPERTY DESCRIPTION: BEING KNOWN AS: 530 North 2nd Street, Wormleys- burg, PA 17043. PROPERTY ID NO.: 47-19-1588-039. TITLE TO SAID PREMISES IS VESTED IN Franklin B. Thompson, N BY DEED FROM Franklin B. Thompson, IV and Virginia S. Thompson, h/w DATED 05/19/1994 RECORDED 05/25/1994 IN DEED BOOK 105 PAGE 1054 OR AT INSTRUMENT NUMBER. UDREN LAW OFFICES, P.C. Attorneys for Plaintiff 111 Woodcrest Rd. Ste. 200 Cherry Hill, NJ 08003 (856) 482-6900 June 22 UDREN LAW OFFICES, P.C. ATTORNEY FOR WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-54110 pleadin$s(a,udren.com The Bank of New York Mellon f/k/a The € COURT OF COMMON PLEAS Bank of New York, as trustee for the benefit ; CIVIL DIVISION of the Certificate holders of Populaz ABS, € Cumberland County Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. Elizabeth Thompson, in her capacity as heir of Franklin B. Thompson, IV, Deceased NO. 10-05827 Franklin B. Thompson, V, in his capacity as heir of Franklin B. Thompson, IV, Deceased € James E. Thompson, in his capacity as heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased Defendant(s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER c N ~,.~ x ~ e' N m x ~ ~~ --~c~ a a -r~ n ~ p ~, ~ ~ The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursua to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed Defendant(s), by certified mail and regulaz first class mall, to the last known address of Defendant( as follows: DATE MAILED: June 11, 2012 Elizabeth Thompson, in her capacity as heir of Franklin B. Thompson, IV, Deceased Franklin B. Thompson, V, in his capacity as heir of Franklin B. Thompson, IV, Deceased James E. Thompson, in his capacity as heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Rigl Title or Interest From or Under Franklin B. Thompson,lV, Deceased 530 North 2'''D Street Wormleysburg, PA 17043-1001 I verify that the statements made herein aze true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section relating to unsworn falsification to authorities. Dated: August , 2012 UD N LAW OFFICES, P.C. BY In/~~~ Attdrhey" ~a~'"ff HARRY B. REESE, ESQUIRE PA ID 310501 __ _ _ ~_ F1i_ED-OFFICE DF THE PROTHO~lQTAFtY' t~OV 2 22t~0 1D10 h10V 30 ~ti I0~ 33 cuM~~~~ANO couHTY P~~~~~sYFvar~~a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON F/K/A COURT OF COMMON PLEAS THE BANK OF NEW YORK., AS TRUSTEE FOR CIVIL DIVISION TH.E. RRN.RFTT f1F TNF ~~7,RT1.Fj.(',;~TFNnL)2.~~ .. .... ..... ~, ,,~,~.,.._, OF POPULAR ABS, INC. MORTGAGE NO. 10-5827 CIVIL TERM PASS-THROUGH CERTIFICATES SERIES 2005-E v, ELIZABETH THOMPSON, IN HER CAPACITY AS HEiR OF FRANKLIN B, THOMPSON, IV, DECEASED ET AL. ORDER CUMBERLAND COUNTY AND NOW, this L `~ { L day of ~1 ti V . , 2010, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of court, it is hereby; ORDERED that Plaintiff may obtain service of the Complaint, and all future pleadings, on the above captioned Defendants, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED, by publication of the complaint in accordance with Pa.R.C.P. 430(b)(1), and by mailin a true and correct copy of the ~o ea~~- IrZt~ow~j ~ ~,ir complaint by Certified mail and Regular mail and by posting the mortgaged premises 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043-1001. T_ --_ T __ It is fiuther ORDERED and DECREED that counsel for Plaintiff is hereby directed to file a certificate of service with the Prothonotary's office to assure compliance with this court order. BY THE COURT: r. 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Fn' I •na, p '~ 'ro o ro ~v ~~ro is ~,aa a~~'a~' ~ ^~ ~ffi ~,~ ~ bS R8. w8, °o ~~~ o g o „~ " ~ ~• ', ~. 01sH2ss1s21s $ 0 '1.7fio N ~ 06/11/2012 Mailed From 08003 t3S P^vSTA^v€ ",C~ n~~~ A ~zA. ~~y~ ~~ ¢m ~~o~ 4 ~ ~ ~Oy '~~ R ~ ~ ~ C BA~n~ gn~ ~ ~ ~ ~ C ~ oo• '~ ~. ~. ^^~ ^ k s ~~ ~~~~ ' ~ R ~ ~ ~ 3 = ~ o ~ '.7 ^ ^aB~ ~ ~ A ~ ~ ~ ~ ~ ~ '"" m ~~ '4 ~.7. ~I :~ as y ~`b " w w f° •v.• ~ ? ~ ~ ~ M ~ ~ =n b ~~ y a ~ ! (7 ~ • ~ . ~ h d ~' ` m~~ ~ $ C n O 'D ~ ~ ~ ~ 'r1 h 3 ~ ?+. ~ '. ~ fC ry ,~.~ D• +i ~ ~ ~ G o ~ I n ~ ~ ~ ~ r^ ~ i R T __ _ UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED; JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, lV, DECEASED; UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED; et al Defendant(s) ATTORNEY FOR COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-05827-Civil Term PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: c-a c 't'a' ~ *v -r ...,C ~' v ~'b o ,-o ~+ d --- mz -: ~'-, --~ ~ -~ w .. Kindly file the attached Proofs of Service with regard to the captioned matter. Date: ~/2`Z - ~ UDREN LAW OFFICES, P.C. B A SQuzk~ HARR B. R PA ID 310501 The Bank of New York Mellon, et. al., Plaintiff(s) vg. Elizabeth Thompson, et. al., Defendant(s) Service of Process -y APS International Ltd. 1-800-328-717 APS International Plaza 7800 Gkaroy Rd. Minneapolis, MN 55439-3122 APS File #: 117716-0002 AFFIDAVIT OF SERVICE -- Indi idual (''__ _ _ _ ~ ~ I Service of Process on: UDREN LAW OFFECES -Unknown Heirs, Successors Assigns and All rsons, j Ms. Henni Crommarty I Firms or Aasocations Claiming Right, Title or Inter t from or under Franklin B. Thompson, IV Deceased by posting l l t Waodcrest Rd., Ste. 200 Court Case No. 10-05827-Ci it Term Cherry Hill, NJ 08003-3620 L_ ~ __ __ State of: ss. County of Name of Server: C~rS~ta n ~o~ ~~ ( ,undersigned, being duly sworn, deposes an says that at the time of service, s/he was of legal age and was not a party to this action; Date/time of Service: that on the ~ ~ day of ~• ~ , 20 ? 2 , at 1~ :~~ o'clock M Place oI Service: at 530 North 2nd Street , in Worml bu PA 17043 Documents Served: the undersigned served the documents described as: Notice of Sheriff s Sale of Resl Property w/ Order Service of Process on: A true and correct copy of the aforesaid document{s) was served on: Unknown Heirs, Successors Assigns and All Persons, Firms or Assocatiosls Claims g Person Served, and ~ ht, Title or Interest from or under Franklin B. Thom on IV Deceased b s in Method of Service: ^ By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of , a per on of suitable age, who verified, or who upon questioning stated, that he/she resides wi Unknown Heirs, Successors Assigns and All Persons, Firms or Assocatbns Claiming ht, Titl at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ;Skin Color ;Hair Color ;Facial Hair Approx. Age ;Approx. Height ;Approx. Weight [-i To the best of my knowledge and belief, said person was not engaged in the US Mili ary at the time of service. Signature of Server: Undersigned declares under penalty of perjury Su a to before met that the foregoing is true and correct. / l Signature of Server P i (Commiss' xpircs) APS International, Ltd. OOMMONWEAt.Tii OF VAt+lIA i+lofarld Seal M. MtttreNe GuytOtt, galery~~ CarNele Born, QrarbarMrrd CoarrtlMMon 2016 r~teet, rearsnvNtt~ ltorNaes ~~____ The Bank of New York Mellon, et. al., Plaintiff(s) vs. Elizabeth Thompson, et. al., Defendant(s) UDREN LAW OFFICES Ms. Henn! Crommarty 111 Woodcrest Rd., Ste. 700 Cherry Hill, NJ 08003-3620 State of:,,r-~t~~rr County of:~ Name of Server: Datel[ ime of Service: Place of Service: Documents Served: Service of Proceu by APS Intt*rnstion 1, Ltd. 1-800-328-71 1 APS International Plaza 7800 Gknroy Rd. Minneapolis, MN 55439-31 2 APS Fik #: 117716-0001 AFFIDAVIT OF SERVICE -- Ind idual Service of Process on: --Elizabeth Thompson, in her capac)ty as Heir of ranklin B. Thompson, IV, Deceased posting Court Case No. 10-05827-C vil Term - - - - - - - - - - - - - - (~ ~,res~; a ~ ~~vtaG ~ ,undersigned, being duly swoon, deposes a d says that at the time of service, s/he was of legal age and was not a party to this action; /'~ that on the ~ 7 day of S~~y , 20 1~ , at ~~o'clock M at 530 North 2nd Street , in the undersigned served the documents described as: Notice of Sherif'f`s Sale of Real Property w/Order Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thomason. IV. Person Served, and Method of Service: Description of Person Receiving Documents: by By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of , a rson of suitable age, who verified, or who upon questioning stated, that he/she resides w th Elizabetb Thompson, in her capacity as Heir of Franklin B. Thompson, PV, Deceased posting at the place of service, and whose relationship to the person is: The person receiving documents is described as follows: Sex ;Skin Color ;Hair Color Facitil Hair. Approx. Age ;Approx. Height ;Approx. Weight _ ^ To the best of my knowledge and belief, said person was not engaged in the US the time of service. Signature of Server: Undersigned declares under penalty of perjury S that the foregoing is true and correct. Signature of Server APS International, Ltd. at s M. MidxBe C~uylon+ Nowt AdtMC CatNsle iloto, M~bMrid CotaM,y w ['e~eelrrian rhmldsa ]IN 9.2016 r- r The Bank of New York Mellon, et. al., Plaintiff(s) vs. Elizabeth Thompson, et. al., Defendant(s) Service of Process by ', APS International Ltd. 1-800-328-717 APS International Plaza 7800 Glenroy ltd. Minneapolis, MN 55439-3122 APS File S: t 177th-0001 _ _ __ ___ AFFIDAVIT OF SERVICE -- Indio dual r ~ Service of Process on: UDREN LAW OFFICES ~ --Franklin B. Thompson, V, in his capacity as eir of Franklin B. Thompson, IV, Deceased by ~ Ms. Heani Crommarty Dating I ~ Court Case No. 10-05827-Civ 1 Term 11 I Woodcrest Rd., Ste. 200 Cherry Hill. NJ 08003-3620 - - - - - - - - - - -~ - - - - - - - - - - - - - - - - - - - - - - - - - - M1 : State of: County of: Name of Server: C:L-.,~+;a ~ 'Soo. ~ ~ ,undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Date/rime of Service: that on the 17 r day of ~ ~• ~ti , 20 1? , at ] 2 :2y O'clock Place of Servrce: at 530 North 2nd Street , to Wormie sbu PA 17043 Documents Served: the undersigned served the documents described as: Notice of Sheriff s Sale of Real Property w/Order Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, N, Person Served, and I~~d b stin Method of Service: ^ By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of , a per on of suitable age, who verified, or who upon questioning stated, that he/she resides wit Franklin B. Thompson, V, in hic capacity as Heir of Franklin B. Thompson, IV, Decease by po at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ;Skin Color ;Hair Color ;Facial Hair Approx. Age ;Approx. Height ;Approx. Weight ^ To the best of my knowledge and belief, said person was not engaged in the US Mili ry at the time of service. ( APS International, Ltd. ~~ Y lA fatlMe dao- Atb~ ~6 Mt311lR Signature of Server: Undersigned declares under penalty of perjury Subsc ' d a d sw t 'before me that the foregoing is true and correct. of '. ` Signature of Server Not Public Commission The Bank of New York Mellon, et. al., Plaintiff(s) YS. Elizabeth Thompson, et. al., Defendant(s) Service st Procas by APS Inteir~~ti~al, 1-800-328-717: APS International Plaza 780(1 Gknroy Rd. Minneapolis, MN 55439-3122 APS File M: t 17716-0001 _ _ _ ___ _ _ _ ___ AFFIDAVIT OF SERVICE -- India ~~ I Service of Process on: UDREN LAW OFFICES --James E. Thompson, in his capacity as Heir of Frar Ms. Henni Crommarty ~ Thompson, IV, Deceased by Court Case No. 10-05827-Civ 111 Woodcrest Rd., Ste. 200 Cherry Hill, Nd 08003-3620 State of: - - - - V -~- - = ~_ _ - - - - - - - - - - - - - - - - - - - - _ - - - - --~ County of Name of Server: t^~r,`s-Fta.. IaUea~ ~ ,undersigned, being duly sworn, deposes and that at the time of service, s/he was of legal age and was not a party to this action; Date/Time of Service: that on the day of ~ ~..~~ , 20 ~, at )~:1v o'clock Place of Service: at 530 North 2nd Street , in Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property w/ Order Service of Process on: Person Served, and Method of Service: Ltd. ual B. Term says A true and correct copy of the aforesaid document(s) was served on: James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Decease by ^ By personally delivering them into the hands of the person to be served. ^ By delivering them into the hands of ,ape of suitable age, who verified, or who upon questioning stated, that he/she resides wi James E. Thompson, in his capacity as Heir of Franklin B. Thompson,lV, Deceased by at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ;Skin Color ;Hair Color ;Facial Hair Approx. Age ;Approx. Height ;Approx. V4reight ^ To the best of my knowledge and belief, said person was not engaged in the US Mili ary at the time of service. Signature of Server: Undersigned declares under penalty of perjury that t/h~e foregoing is~true and correct. Signature of Server APS International, Ltd. to before me thus aoMMal~uni of v,Maa Now Seal M. Mk1MMe Gtybt+, Notary PubNc CatMIM Bao, Wn6arMn0laAwr[y 9' 20iC6 W1101- SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~_; rl , . ~ ~ ~~C'~ -6 AM ;~: f at ~:ui:; ... CU~'i~~RL~`,!d~J CQLaTY PENR5Yl.VArrl~ The Bank of New York Mellon FKA The Bank of New York vs. Elizabeth Thompson (et al.) Case Number 2010-5827 SHERIFF'S RETURN OF SERVICE 06/18/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Elizabeth Thompson, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of York County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 06/18/2012 01:30 PM -Deputy Amanda Cobaugh, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 530 North 2nd Street, Wormleysburg, PA 17043, Cumberland County. 06/18/2012 01:30 PM -Deputy Amanda Cobaugh, being duly sworn according to law, attempted service to the Defendant, to wit: Unknown Heirs at 530 N. 2nd Street, Wormleysburg Borough, Wormleysburg, PA 17043. The address was found to be vacant. 06/20/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, he made a diligent search and inquiry for the within named Defendant, to wit: Unknown Heirs ,Successors, Assigns and All Persons Firms or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV (Deceased) but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 530 North 2nd Street, Wormleysburg, PA 17043 07/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: James E. Thompson, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 530 N. 2nd Street, Wormleysburg, PA 17043, property is condemned, defendant moved and left no forwarding address from the alternate address provided of: 501 East Elmwood Ave, Apt B, Mechanicsburg, PA 17055. 07/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Franklin B. Thompson, V, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 530 N. 2nd Street, Wormleysburg, PA 17043, property is condemned, defendant did not leave a forwardng address with the post office. 07/11/2012 The requested Real Estate Writ, Notice and Description, in the above titled action, returned by the Sheriff of York County, the within named Defendant Elizabeth Thompson, not found. So Answers: Richard Keuerleber, Sheriff, Defendant moved, did not leave a forwarding address with the post office. 09/05/2012 As directed by Mark Udren, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/3/2012 10/03/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlise, PA on October 3, 2012 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Mark Udren, on behalf of The Bank of New York Mellon f/k/a The Bank of New York as successor trustee for JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,094.75 SO ANSWERS, November 05, 2012 RON R ANDERSON, SHERIFF a. a~ P~ . ~ Sa LL Pol. ~-'~ ~~/d ,~ z~~~a9 UDREN LAW OFFICES, P.C. . WOODCREST CORPORATE CENTER 111 WOODCR~T ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a~udren.com The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 530 North 2nd Street, Wormleysburg, PA 17043 1. Name and address of Owner(s) or reputed Owner(s): Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 316 Limekiln Road, Apt. F New Cumberland, PA 17070 Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 501 E. Elmwood Avenue, Apt. B Mechanicsburg, PA 1.7055 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 2. Name and address of Defendant(s) in the judgment: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 316 Limekiln Road, Apt. F New Cumberland, PA 17070 Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 501 E. Elmwood Avenue, Apt. B Mechanicsburg, PA 17055 James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: 3r Lien Holders -None 4. Name and address of the last recorded holder of every mortgage of record: The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E 1661 Worthington Road #100 West Palm Beach, FL 33409 Sr Mortgage Holders -None Jr Mortgage Holders -None 5. Name and address of every other person who has any record lien on the property: Sr lien Holders -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: Cumberland County Domestic Relations Section 13 North Hanover Street Carlisle, PA 17013 Commonwealth of PA, Department of Revenue Bureau of Compliance PO Box 281230 Harrisburg, PA 17128-1230 Tenants/Occupants 530 North 2nd Street Wormleysburg, PA 17043 Internal Revenue Service, Pittsburgh Office Moorehead Building, 1000 Liberty Avenue, Rm 112 Pittsburgh, PA 15222 Department of Public Welfare, TPL Casulty Unit, Estate Recovery Program PO BOX 8486, Willow Oak Bldg. Harrisburg, PA 17105-8486 Commonwealth of PA, Bureau of Individual Tax, Inheritance Tax Division 6th Floor, Strawberry Square, Dept. 280601 Harrisburg, PA 17128 Cumberland County Real Estate'Tax Department 1 Courthouse Square Carlisle, PA 17013 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: Federal Tax Lien Holders -None Condo/Homeowners Association -None I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: ~ - ~ ~" ' ~'~ UDREN LAW OFFICES, P.C. BY: '~__ Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 MJU#: 11100892 CASE#: 11100892-1 transfer UDREN LAW OFFICES, P.C. ~ ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER' 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a~udren.com __ The Bank of New York Mellon f/k/a The Bank of ~ COURT OF COMMON PLEAS New York, as trustee for the benefit of the I CNIL DIVISION Certificateholders of Popular ABS, Inc. Mortgage 'Cumberland County Pass-Through Certificates Series 2006-E Plaintiff MORTGAGE FORECLOSURE v. ELIZABETH THOMPSON, IN HER CAPACITY I NO. 10-05827-Civil Term AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN ~~ HIS CAPACITY AS HEIR OF FRANKLIN B. ~, THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) ~~ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Elizabeth Thompson, in her capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Your house (real estate) at 530 North 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriffs Sale on September 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $88,515.27, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale. you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: {856) 669-5400. Y"ou 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. 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`AB~LE 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 856-669-5400. 2. Y"ou 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 856-669-5400. 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 after 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 Schedule of 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ALL TI-IAT CEI2.TAIN lot or place of land situate in the Borough of Wormleysburg; Cumberland County, Pennsylvania, bounded and described as follows, tv wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 218 and 216 on the hereinafter mentioned Plan of Lots, said point being one hundred twenty (I20} feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20} feet to a point on the Line running through the partition wall of the double two and one-half store cement bloc]< dwelling house erected in part on the lot hereby conveyed; thence in a westerly direction through the center of said partition wall and beyond one hundred and fifty (150} feet to the easten~ line. of Third Street; thence in a southerly direction along the eastern Line of Third Street twenty (20} feet to a point on the dividing Iine between Lots Nos. 219 and 217 on the hereinafter mentioned Plan; thence in a easterly direction along said line and the line dividing I,OCS Nos. 2i8 and 216 on said Plan, one hundred and fifty (150) feet to the western line of Second Street, the point or Place of BEGINNING. BEING Lots Nos. 218 and 219 on Plan of Riverview, said Pian being recorded in the Cumberland Cauniy Recorder's Off ee in Plan Book ItiTo, 1, Page 103. BEING KNOWN AS: 530 NORTH 2ND STREET, WORMLEY5BURG, PA 17043 PROPERTY ID NO.: 47-19-1588-039 TITLE TO SAID PREMISES IS VESTED IN .FRANKLIN B. THOMPSON, IV BY DEED FROM FRANKLIN B. THOMPSON, IV AND VIRGINIA S. THOMPSON, H/W DATED 05/19!1994 RECORDED 05/25/1994 IN DEED BOOK 105 PAGE 1054. UDREN LAW OFFICEy, .P.C. WOODCREST CORPORATE CENTER ' 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(c~.udren.com The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE ', NO. 10-05827-Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Franklin B. Thompson, V, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Your house (real estate) at 530 North 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriff s Sale on September 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court iudgment of $88,515.27, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGFITS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale. you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay. you may call: (856) 669-5400. 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. 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 856-669-5400. ?. 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 856-669-5400. 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 after 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 Schedule of Distribution is filed. sale. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ASSOCIATION DE LICENCH)ADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ALL THAT CERTAIN lot or place of land situate in the Borough of Wormleysburg, Cwmberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 218 and 216 on the hereinafter mentioned Plan of Lots, said point being one hundred twenty (120} feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the line running through the partition wall of the double two and one-half store cement block dwelling house erected in part on the lot hereby conveyed; thence in a westerly direction through the center of said partition wall and beyond one hundred and fifty (150) feet to the eastern Line of Third Street; thence in a southerly direction along the eastern line of Third Street twenty (20) feet to a point on the dividing line between Lots Nos. 219 and 217 on the hereinafter mentioned Plan; thence in a easterly direction along said Line and the line dividing hots Nos. 218 and 216 on said Plan, one hundred and fifty (150} feet to the western line of Second Street, the point. or Place of BEGINNING. BET1vG Lots Nos. 218 and 219 on Plan of Riverview, said Plan being recorded in the Cumberland County Recorder's Office in Plan Book No. 1, Yage 103. BEING KNOWN AS: 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PROPERTY ID NO.: 47-19-1588-039 TITLE TO SAID PREMISES IS VESTED IN FRANKLIN B. THOMPSON, IV BY DEED FROM FRANKLIN B. THOMPSON, IV AND VIRGINIA S. THOMPSON, H/W DATED 05/19/1994 RECORDED 05/25/1994 IN DEED BOOK 105 PAGE 1054. a UDREN LAW OFFICES, P.C. WOODCRES7i~ CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadin~snudren.com ATTORNEY FOR PLAINTIFF The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-05827-Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: James E. Thompson, in his capacity as Heir of Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Your house (real estate) at 530 North 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriffs Sale on September 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $88.515.27, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To fmd out how much you must pay, you may call:1856) 669-5400. 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. 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 856-669-5400. 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 856-669-5400. 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 after 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 Schedule of Distribution is filed. sale. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ALL THAT CERTAIN lot or place of land situate in the Borough of Wormleysburg, Culnbel•land County, Pennsylvania, bounded and described as follows, to wlt: BEGINNING at a point on the western line of Second Street on the dividing line betv,~een Lots Nos. 2I8 and 216 on the hereinafter mentioned Plan of Lots, said point being one hundred twenty (I20) feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the line running through the partition wall of the double two and one-half store cement block da~eIIing house erected in part on the lot hereby conveyed; thence in a westerly direction tluough the center of said partition wall and beyond one hundred and fifty (150} feet to the eastern Ii.ne of Third Street; thence in a southerly direction along the eastern Iiue of Third Street twenty (20) feet to a point on the dividing Iiue between Lots Nos. 219 and 2I7 on the hereinafter mentioned Plan; thence in a easterly direction along said line and the line dividing Lots Nos. 218 anti 216 on said Plan, one hundred and fifty (150} feet to the western Iine of Second Street, the paint or Place of BEGINNING. BEING Lots Nos. 218 and 219 on Plan of Riverview, said Plan being recorded in the Cumberland Count~~ Recorder's Office in Plan Book INTO. 1, Page 103. BEING KNOWN AS: 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PROPERTY ID NO.: 47-19-1588-039 TITLE TO SAID PREMISES IS VESTED IN FRANKLIN B. THOMPSON, IV BY DEED FROM FRANKLIN B. THOMPSON, IV AND VIRGINIA S. THOMPSON, H/W DATED 05/19/1994 RECORDED 05/25/1994 IN DEED BOOK 105 PAGE 1054. c ~ . UDREN LAW OFFICES, P.C: WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HYLL, NJ 08003-3620 856-669-5400 pleadings(a~udren.com The Bank of New York Mellon f/k/a The Bank of New York, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2006-E Plaintiff v. ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON, IV, DECEASED Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County '~ MORTGAGE FORECLOSURE NO. 10-05827-Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV, Deceased 530 North 2nd Street Wormleysburg, PA 17043 Your house (real estate) at 530 North 2nd Street, Wormleysburg, PA 17043 is scheduled to be sold at the Sheriffs Sale on September 5, 2012 at 10:00am at the Cumberland County Courthouse, Commissioners Hearing Room, 2nd Floor, Carlisle, PA 17013, to enforce the court judgment of $88,515.27, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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: The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To fmd out how much you must pay, you may call: (8561 669-5400. 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 856-669-5400. 2. ~"ou 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 856-669-5400. 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 after 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 Schedule of Distribution is filed. 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ASSOCIATION DE LICENCH)ADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800)990-9108 ALL TI-IAT CERTAIN ]ot or place of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 218 and 216 on the hereinafter mentioned Plan of Lots, said paint being one hundred twenty (] 20) feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the Tine mm~ing through the partition wall of the double two and one-half stare cement bloc]< dwelling house erected in part on the lot hereby conveyed; thence in a westerly direction tluough the center of said partition wall and beyand nne hundred and ffty (150) feet to the easten~ Tine of Third Street; thence in a southerly direction along the eastern line of Third Street twenty {20) feet to a point on the dividing Line between Lats Nos. 2I 9 and 2I7 on the hereinafter mentioned Plan; thence in a easterly direction along said line and the line dividing hots Nas. 218 and 216 on said Plan, ane hundred and fifty (].50) feet to the western line of Second Street, the point or Place of BEGINNING. BEING Lots Nos. 218 and 219 an Plan of Riverview, said Plan being recorded in the Cumberland County Recorder's Office in Ilan Boak No. 1, Page 103. BEING KNOWN AS: 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PROPERTY ID NO.: 47-19-1588-039 TITLE TO SAID PREMISES IS VESTED IN FRANKLIN B. THOMPSON, IV BY DEED FROM FRANKLIN B. THOMPSON, IV AND VIRGINIA S. THOMPSON, H/W DATED 05/19/1994 RECORDED 05/25/1994 IN DEED BOOR 105 PAGE 1054. WRIT OF EXECUTION anchor ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N0. 10-5827 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2006-E Plaintiff (s) From ELIZABETH THOMPSON, IN HER CAPACITY AS HEIR OF FRANKLIN B. THOMPSON, IV. DECEASED, FRANKLIN B. THOMPSON, V, IN HIS CAPACITY AS HIER OF FRANKLIN B. THOMPSON, IV, DECEASED, JAMES E. THOMPSON, IN HIS CAPACITY AS HE[R OF FRANKLIN B. THOMPSON, IV, DECEASED, UNKNOWN HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER FRANKLIN B. THOMPSON IV, DECEASED (I) 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 Qarnishee(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,rher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $88,515.27 L.L.: $.50 Interest FROM 9/9/2010 TO DATE OF SALE SEPTEMBER 5, 2012 ONGOING PER DIEM OF $1.07 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $10,470.96 Atty's Comm: °ro Due Prothy: $2,25 Atty Paid: $303.40 Other Costs: Plaintiff Paid: Date: 5/7/12 l ~L~ David D. Buell, Prothonota (Seal) Deputy REQUESTING PARTY: Name: CHRISTINA C. VIOLA, ESQUIRE TRUE COSY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Cou Carlisle, Pa'.~/f~ This _,~day of 201.E `~""- ~~ rothonotary ~, On May 22, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Wormleysburg Borough, Cumberland County, PA, Known and numbered as, 530 North 2~'d Street, Wormleysburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 22, 2012 By: Real Estate Coordinator CUMBERLAND LAW JOURNAL writ xo. 2olo-5s2T civll Te:~ The Bank of New York Mellon vs. Elizabeth Thompson, In Her Capacity as Heir of Franklin B. Thompson, IV Deceased Franklin B. Thompson, V., In His Capacity as Heir of Franklin B. Thompson, IV Deceased James E. Thompson, In His Capacity as Heir of Franklin B. Thompson, IV Deceased Unknown Heirs, Successors, Assigns and All Persons Firms or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, IV Deceased Atty.: Mark Udren ALL THAT CERTAIN lot or place of land situate in the Borough of Wormleysburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 218 and 216 on the hereinafter men- tioned Plan of Lots, said point being one hundred twenty (120) feet south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the line run- ningthrough the partition wall of the double two and one-hiM store cement block dwelling house erected.in part on the lot hereby conveyed; thence in a westerly direction tJ.lTough the center of said partition wall and beyond one hundred and fifty (150) feet to the eastenlline of Third Street; thence in a southerly direction along the eastern line of Third Street twenty (20) feet to a point oil the dividing line between Lots Nos. 219 and 217 on the hereinafter mentioned Plan; thence in a easterly direction along said line and the line dividing Lots Nos. 218 and 216 on said Plan, one. hundred and fifty (150) feet to the western line of Second Street, the point or Place of BEGINNING. BEING Lots Nos. 218 and 219 on Plan of Riverview, said Plan being recorded in the Cumberland County Recorder's Officc in Plan Book No. I, Page 103 . BEING KNOWN AS: 530 NORTH 2ND STREET, WORMLEYSBURG, PA 17043 PROPERTY ID.NO.: 47- 19-1588-039. TITLE TO SAiD PREMIS- ES IS VESTED IN FRANKLIN B. THOMPSON, IV BY DEED FROM FRANKLIN B. THOMPSON,IV AND VIRGINIA S. THOMPSON, H/W DATED 05/19/1994 RECORDED OS/25/ 1994 IN DEED BOOK 105 PAGE 1054. 105 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: _ July 27, August 3, and August 10, 2012 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ~ r ~~ isa Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 10 day of Au;?ust. 2012 Notary ~ NOTARIAL SEAL DEBORAH A COLUNS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which The Bank of New York Mellon f/k/a The Bank of New York is the grantee the same having been sold to said grantee on the 3rd day of October A.D., 2012, under and by virtue of a writ Execution issued on the 7th day of May, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 5827, at the suit of The Bank of New York Mellon f/k/a The Bank of New York against Heirs of Franklin B. Thompson IV is duly recorded as Instrument Number 201234341. IN TESTIMONY WHEREOF, I havAe,~hereunto set my hand and seal of said office this ~C~ day of ~~~ of Deeds lieca~erd De~f~nber~rid ~ C~1s, PN try camiro Expineri. ~ietl~ondgra,Mn. xot4 2010.5827 Civil Term The Bank of New York Mellon Vs Elizabeth Thompson, In Her Capacity as Helr of Franklin B. Thompson, IV Deceased Franklin B. Thompson, V., In His Capacity as Helr of Franklin B. Thompson, IV Deceased James E. Thompson, fn Hls Capacity as Helr of Franklin B. Thompson, N Deceased Unknown Heirs, Successors, Assigns and Ail Parsons Firms or Associations Claiming Right, Title or Interest From or Under Franklin B. Thompson, N Deceased Atty: Mark Udren ALL THAT CERTAIN lot or place of land situate in the Borough of Wotmleysburg, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western line of Second Street on the dividing line between Lots Nos. 218 and 216 on the hereinafter mentioned Plan of Lots, sate point being one hundred twenty (120) fe .t south of the southwest corner of Second Street and Stella Avenue; thence in a northerly direction along the western line of Second Street twenty (20) feet to a point on the line running through the partition wall of the double two and one-hiM store cement block dwelling house erected.in part on the lot hereby , conveyed; thence in a westerly direction U.1Tough the center of said partition w, ~' and beyond one hundred and fifty (150: Feet to the eastenlline of Third Stteet; thence in a southerly direction along the eastern line of Third Street twenty (20) feet to a point oil the dividing line between Lots Nos. 219 and 217 on the hereinafter mentioned Plan; thence in a easterly direction alang said line and the line dividing Lots Nos. 218 and 216 on said Plan, one. hundred and fifty (150) feet to the western line of Second Street, the point or Place of BEGINNING. BEING Lots Nos. 218 and 219 on Plan of Riverview, said Plan being recorded in the Cumberland County Recorder's Officc in Plan Book No. I, Page 103 . BEING KNOWN AS: 530 NORTH 2ND STREE"); WORMLEYSBURG, PA 17043 PROPERTY ID.NO.: 47-19-1588-039 TITLE TO SAiD PREMISES IS VESTED IN FRANKLIN B. THOMPSON, N BY DEED FROM FRANKLIN B. THOMPSON,N AND VIRGINIA S. THOMPSON, H/W DATED 05!19!1994 RECORDED OS/ZSi1994 IN DEED BOOK 105 PAGE 1054. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~11e ~llatriot Neu-s Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Comrrionwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriol:-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the dates) shown below: 07/27/12 08/03/12 08/10/12 2 A.D. _ C~JMMONW~Ai.TH OF PEPJNSYl.VAlVIA i v -~ _~~oraTial Seal ~~ -I j Shc,; i~t i_. OH,ens, 1+iotary bbl+c ~ i.nwe:r 1'axko~~ Two., f~auphin County A _My ~:ornmissinn Ex~:ire; Nov. 26, 2015 ~.. M=,~:M6ER, ~~n~NSYLVAi~!I:=, ~S$CCiA?ICN OF fvi;TAR.tES