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HomeMy WebLinkAbout12-1798 lYD -?j?' t' fv .'=y -iE I',^;QTIIGIVO 12 MA,P 21 P, 10: 5? C'JMBERLAND COUNTY PENNSYLVANIA PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 288157 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. STEVEN L. AIKENS ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ka -179 ? 0(vt I c?C) CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 288157 ??) ay-4 ? ?eg. 751 a C?k-ft 11-76 158' 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 #: 288157 1. Plaintiff is THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: STEVEN L. AIKENS ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/29/2004 STEVEN L. AIKENS and ALETHA M. AIKENS made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book 1886, Page 0728. By Assignment of Mortgage recorded 03/30/2007 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Book 0735, Page 2597.The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. File ti: 288157 5. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2009 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 as of 01/09/2012: Principal Balance $134,896.81 Interest $21,681.88 11/0 1 /2009 through 01 /09/2012 Late Charges $156.18 Property Inspections $330.00 Escrow Deficit $11,769.53 Subtotal $168,834.40 Suspense Credit ($937.71) Escrow Credit ($4,298.00) TOTAL $163,598.69 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 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 288157 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974 and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $163,598.69, together with interest, costs, fees, and charges collectible under the mortgage including but not limited to attorney fees and costs, and for the foreclosure and sale of the mortgaged property. PHELAN HAb.LIN,4dN & SCHMIEG, LLP By: hael Kolesnik, Esquire for Plaintiff File #: 288157 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Johns Drive, at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 246, South 71 degrees 34 minutes 00 seconds West, a distance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park; THENCE along the eastern line of said Lot No. 15, North 18 degrees 26 minutes 00 seconds West, a distance of 24.00 feet to a point at the southernmost corner of Lot No. 248 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 248, North 71 degrees 34 minutes 00 seconds East, a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive; THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East, a distance of 24.00 feet to a point at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,808.00 square feet, more or less. BEING Lot No. 247, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. File #: 288157 BEING improved with a townhouse dwelling known as 5 Johns Drive. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a thirty (30) foot wide drainage easement and a ten (10) foot wide pedestrian easement across the western portion on the premises as shown on the above-referenced Final Subdivision Plan. BEING PART OF THE SAME PREMISES WHICH Mid State Development, Inc., by its deed dated December 22, 1986 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book J, Volume 32, Page 967, granted and conveyed unto Laurel Hills Development Corp., the Grantor herein. PROPERTY ADDRESS: 5 JOHNS DRIVE, ENOLA, PA 17025-2694 PARCEL # 09-15-1288-389 File #: 288157 VERIFICATION 'SMhereby states that he/(; isASS\ cnc ? \(? ???? ( M BANK OF AMERICA, N.A., servicing agent for Plaintiff in this matter, that h /sh)eis authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of hi er ormation and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ebYVa?` a3 , a?`a DATE: File#: 288157 Name: AIKENS aCL'ft'&n Name:wn 1,t\\f W\?Y) Title;y \ My-y\ ?\ C Y4 C'? 16tY' BANK OF AMERICA, N.A. File #: 288157 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor x'194 L: The Bank of New York Mellon Case Number vs. Steven L. Aikens (et al.) 2012-1798 SHERIFF'S RETURN OF SERVICE 03/24/2012 10:30 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2012 at 1030 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Steven L. Aikens, by making known unto Aletha M. Aikens, Wife of Defendant at 5 Johns Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY 03/24/2012 10:30 AM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2012 at 1030 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Aletha M. Aikens, by making known unto herself personally, at 5 Johns Drive, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $59.00 March 27, 2012 NOAH CLINE, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 VS. STEVEN L. AIKENS ALETHA M. AIKENS - NIL— F 1 7i? ``;t,') ey for Plaintiff 10? 10: CIO CUPIBERLANO Ci11' >, FE NsYLVAP;IA : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION : No. 2012-1798-CIVIL PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against STEVEN L. AIKENS, and ALETHA M. AIKENS, 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 TOTAL $163,598.69 $163,598.69 I hereby certify that (1) the Defendants' last known address is 5 JOHNS DRIVE, ENOLA, PA 17025-2694, and (2) that notice has been given in accordant with Rule Pa.R.C.P 237.1. Date Matthew rus ,bk ood, Esquire ?? .? l4 5 Q41+? Attorney Plaintiff 1185 a DAMAGES ARE HEREBY ASSESSED AS INDICATED. 37$00 DATE: WIC 1) PHS # 288157 PROTHONOTARY 288157 PHELAN HALLINAN & SCHMIEG, LLP Matthew Brushwood, Esq., Id. No.310592 1617 JFK Boulevard, Suite 1400 Attorney for Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 : CUMBERLAND COUNTY : COURT OF COMMON PLEAS CIVIL DIVISION No. 2012-1798-CIVIL VS. STEVEN L. AIKENS ALETHA M. AIKENS 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: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Servicemembers Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVEN L. AIKENS is over 18 years of age and resides at 5 JOHNS DRIVE, ENOLA, PA 17025-2694. (c) that defendant ALETHA M. AIKENS is over 18 years of age and resides at 5 JOHNS DRIVE, ENOLA, PA 17025-2694. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date att w ushwood, Esquire Attor for Plaintiff 288157 (Rule of Civil Procedure No. 236) - Revised THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION VS. STEVEN L. AIKENS ALETHA M. AIKENS No. 2012-1798-CIVIL Notice is given that a Judgment in the above captioned matter has been entered against you on D 7 44 By: j W. =?w 00019P If you have any questions concerning this matter please contact: Phelan Hallinan & Schmieg, LLP Matthew Brushwood, Esquire Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIO USL Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** 288157 IFIF. BANK OFNEW YORK MELLON FKA THIf, RANK OF NEW YORK AS TRUSTF,F FOR THE C:T?R`1?IF?ICA'1'F,14OI_,DET?S OFTFIE CWABS, INC.; AS,SE IBAC'1?E:D C'l;RTIFIC'ATES, SERIES 2004- Plaintiff FVLN I.. \IKENS Al 1 hI ?A .VI. ATKFiNS I k°lruuara I-(): AI,F"THA M. AIKI.,NS S Y)IINS DRIVE FNOLA, 13A 1702-5-216,191 I DA I')F: O NOTICE. ` COURT OF COMMON PLEAS CIVIL, DIVISION NO. 20I'_ I798-CIV II., ClA4BFRI.AN1.) C'()UNTY Tli lS FIRM IS A DEBT C_ OLLE(.;TOR ATTEMPTING TO COLLECT A DEBT TI US NOTI(F? 15 SENT 'O YOU IN AN AL`TEMP'.I' TO COLLECT THE, INDEBTEDNESS REFERRED I'C) IIh.RI?iN, ANI) ANY INFORMATION OBTAINED FROM YOU WILL BF, USI-T) FOR 11 1AI' PI_100SE. IF YOU FIAVT? PRF,VIOUSLY RECEIVED A I)TSCHARGF IN RANKRI PTCY, 1'IPS CORRESPONDENCE IS NOT AND SHOULD NOT BI', CONSTRIIF-T_) TO BF AN A"ITEPvIPT TO COLLECT A DEBT, BUT ONI..,Y AS 1"'NFORC MEN OF 1.11,.N AGAINST PROPER'L'Y. IMPORTANT NOTICE YOU ARE IN DFFAUI..,T BI'CAI ;SE YOU HAVF? FAILED TO F?NTI;R A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRI`I'IN(i wi'I'FI Tim, COURT )'OUR DE:FFNSES OR OBJFCTION'S TO THE CLAIMS SET FORTH AGAINST YOI'. UNLESS YOU `AC'T WITHIN 'f F,N DAYS FR(-')M 'THE, DATE OF THIS NOTICE„ A. J UDGMF_.NT MA)' BF. E.N I'h,RED ?VGAINST YOU WITHOU I' A HLAR.IN(. ANI) YOU MAY I.OSI? YOUR PROPI?:RTY ()I,' O'llIF?R 1V!110P I`ANI' RIOiITS, SI-IOULD TAKE THIS PAPER 'LO YOUR LAW Fk AI' C)NC'F 1 1)() NC)'.I' 11,;lVl,,; ,1 LAWYI?'R, GO 'TO OR TEt.,EI'IIONF THF, OFFIC"'F ``I*,'T' I?-'()R"I'lf BFL()Vlti'. 'I'; IIS OFVIC'F t,Ai\ I'RC)?,'LDF YOU WITH INFORMATION ABOUT I-IIRING A LAWYER. 11, YOU, CANNOT AF'FOR.D TO HIRF A_ LAWYER, THIS OFFICE MAN' BE ABLE 'TO PROVIDE YOU WITIT TNFORMATION ABOUT AGENC'TT;S THAT MAY 01`13R L1iGAi, SERVICES IC) ELIGIBLE PERSONS AT A REDUCED FEE OR NO F t3E. Offi,;c of the Prothonotary Cur:hertand County C,7tu-thouse 1 Courthouse Square. Carlisle, PA 17013 (717)240-61951 Ci ?vIBERLAND C:'O(. N'IY BAR ASSOCIATION CUMBERLAND COUNTY COL. 'R71 IOU S I; 2 I.TBF RTY AVFNI.;I', CARLISLE, A 1701 (:' 17) 2,k) l 66 B y *aitwrwhwood, Esquire Attorney far Plaintiff Phelm Ilaltinan & Schrnieg, LLI' 1.617 JFK Boulevard, Suite 1401) One Penn Center Pla"'a I'hiladelphila, PA 14103 I,IIS O .'I?815? TIlF BANK OF NEW YORK NIELLON FKA TIlF, BANK OF NEW YORK AS TIZL' STI L FOR THE (,F1,, '1FI(-'ATEI-IO1,1)ERS OF THE ('WABS, INC', 1SSI "1'-BAC'KI?I) CERTIFIC ATFS SERIES 2004- f'Laiutii[ i; S VI1VFN I.. AIKLNS AI.h.-fIIA iVl. AIKI NS 1.)ef nel?;nt€??t 'l'o S` VA." 'N I,. AIKh:NS 5 J()1fNS DRIVE LN01 .1, PA l'i025 :':`,911 i DATE OF NO'I'ICR:: __..... ?' COURT OF COMMON PLEAS L ;VIL DIVISION NO. 2012-179841V IL t'UMBERLAND COUNTY TATS FIRM IS A DEBT COLL,FC°TOR .ATTEMPTING `I'O COLLECT A Dl I3T, THIS NOTICE 1S SENT TO YOU IN AN ATTEMPT TO COLI...ECT"THE rN`DEBTEDNFSS REFERRED TO IIEREIN AND ANY INF'ORMA'TION OBTAINED FROM YOU WILL 13F USE]) FOR THAT PURPOSE;. IF YOU IIAVI,' PIZI?,'VIOL"S1:Y RFCEIVL`L) A DISCHARGI< IN BANKRUPTCY, TIIIS t'C}RRi,SPC)NI)I:NCf !.S NOT AND SHOIJLD NOT BE CONSTRUED TO RL AN AT FI.AVIPT TO C:.OI_.I,IiC'T A DEBT, BUT ONLY AS ENFORC'I %?IEIN`I' OF LIF.'N AGAINST PROPERTY. IMPORTANT NOTICE YOI. Al&' IN DY:FAULT 111' .('AUSE YOU HAVE., FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WI'T'H TI-IE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT Wrl'I[IN TF?N DAYS FROM TIC DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOLt WITHOUT A I{t'„r1RING ANT) YOU MAY LOST,, YOUR PROPFIZTY OR OTHER INIPOR I'AN'T RIGHTS. YOU SH0)111_,I) TAKF: THIS PAPER TO YOUR LA\VYFR AT ON(,'E' IF YOI_? DO NOT HAVI? A I_.AWYFR, 0C) TO OR "I 'T-EPIIONF TII1. OFFIC'F, SET FORTH BELOW. THIS OFFI(-.7F € AN PI2t)V1,)I' Yt)L! WITH [Nl t)R!ti1A"PION' 1.3OiJT IIIRING A I.AWYI R. 11, Y01; t.'.-iNNO'l AFFORD TO HIRE A LAWYkR, THIS OFI"ICE MAY M' ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIIAT MAY OFFER L.FGAI, SFRV1CE'S TO ELIGIBLE PFR.SONS AT A RFIAKT?D FEE OR NO FEE. Office of the Prothonotary Cutnhcri.and Cotu:ty C'otn•th"use Co.arthousc Square. i'alislc, PA [701"; CUNIBERL,AND COUNTY BAR ASSOCIATION (-'UMBF3RLAND COUNTY COURTI10UM" I.,113ER"TY AVENI!I CARLISLI?. PA 1701'i i 7 17) 219 -3,16() By Maitl ir'ushwood, FStluire Attorney for Plaintiff Phelan I-Iallinan & Schmi.eg, I..I..,P 1617.IFK Boulevard, Suite 1.400 One Perin Center Plaza. Philadelphia, PA 19103 I'1-fS # 2` 8157 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK COURT OF COMMON PLEAS AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 CIVIL DIVISION Plaintiff NO.: 2012-1798-CIVIL v STEVEN L. AIKENS ALETHA M. AIKENS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 05/11/2012 to Date of Sale ($26.89 per diem) TOTAL Note: Please attach description of property. PHS # 288157 0 4&8.60 P6 A-rw 5q . oo a BF a, so `a 10 • olJ ' PO AT'11 461.9.5 buel - SO LA, e 000&3 Q??ri+ 4 0 CUMBERLAND COUNTY $163,598.69 $3,173.02 elan Hallinan & Schmieg, P ( ___'C Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff n . $166,771.71. M O O N H v? O? ?1 W W? F ? ?H a? H? a?W U OA ?U H U w? ov Oap ?H o?a U A z? wW off (? a ? NE V E-4 U > zz_ b Fy z 0 H U o? 0 w O w?c U a ^d a> N o C C/) Z N O z N O R > a a< a b W a° ¢ E "zz v)kf) w w z N_ Oll 00 aC> az ?v v, w4 4,? o c c R a?¢ PHELAN HALLINAN & SCHMIEG, LLP Melissa J. Cantwell, 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 FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff V. STEVEN L. AIKENS ALETHA M. AIKENS Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 2012-1798-CIVIL : CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled ( ) Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By: Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912-.,, Attorney for Plaintiff - I _ -;cam f r % THE BANK OF NEW YORK MELLON FKA THE BANK COURT OF COMMON PLEAS OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., CIVIL DIVISION ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff NO.: 2012-1798-CIVIL V. CUMBERLAND COUNTY STEVEN L. AIKENS ALETHA M. AIKENS PHS # 288157 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5 JOHNS DRIVE, ENOLA, PA 17025-2694. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably , ascertained, please so indicate) Mz STEVEN L. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 ALETHA M. AIKENS 5 JOHNS DRIVE - ENOLA, PA 17025-2694- 3 77 2. Name and address of Defendant(s) in the judgment: ' Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 AMERICA'S WHOLESALE LENDER C/O DIXSON CAROLINE AMERICA'S WHOLESALE LENDER C/O MS SV-79 DOCUMENT PROCESSING 4500 PARK GRANADA CALABASAS, CA 91302 P.O. BOX 10423 VAN NUYS, CA 91410-0423 -.1. . Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 TOWNSHIP OF EAST PENNSBORO C/O HENRY F. COYNE, ESQUIRE TOWNSHIP OF EAST PENNSBORO C/O JOSEPH A. CURCILLO, III, ESQUIRE 3901 MARKET STREET CAMP HILL, PA 17011-4227 3964 LEXINGTON STREET HARRISBURG, PA 17109-2813 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) LAUREL HILLS NORTH, INC. 1540 YORKSHIRE PLACE ENOLA, PA 17025 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 5 JOHNS DRIVE ENOLA, PA 17025-2694 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA Federal Building P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 228 Walnut Street, Suite 220 PO Box 11754 Harrisburg, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: J ( ?? B LPhhellan Hallinan & Schmieg, Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK OF : COURT OF COMMON PLEAS NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET- CIVIL DIVISION BACKED CERTIFICATES, SERIES 2004-13 NO.: 2012-1798-CIVIL Plaintiff : VS. STEVEN L. AIKENS ALETHA M. AIKENS : CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STEVEN L. AIKENS ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 i ; r` f1 1 fi C_" 77L- **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 5 JOHNS DRIVE, ENOLA, PA 17025-2694 is scheduled to be sold at the Sheriff s Sale on 09/05/2012 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $163,598.69 obtained by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened. you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Johns Drive, at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 246, South 71 degrees 34 minutes 00 seconds West, a distance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park; THENCE along the eastern line of said Lot No. 15, North 18 degrees 26 minutes 00 seconds West, a distance of 24.00 feet to a point at the southernmost corner of Lot No. 248 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 248, North 71 degrees 34 minutes 00 seconds East, a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive; THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East, a distance of 24.00 feet to a point at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,808.00 square feet, more or less. BEING Lot No. 247, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2004 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a thirty (30) foot wide drainage easement and a ten (10) foot wide pedestrian easement across the western portion on the premises as shown on the above referenced Final Subdivision Plan. TITLE TO SAID PREMISES VESTED IN Steven L. Aikens and Aletha M. Aikens, husband and wife, by Special Warranty Deed from Laurel Hills Development Corp., dated 10/29/2004, and recorded 11 /01 /2004 in Book 265 Page 4942. PREMISES BEING: 5 JOHNS DRIVE, ENOLA, PA 17025-2694 PARCEL NO. 09-15-1288-389 ? - a SHORT DESCRIPTION By virtue of a Writ of Execution NO. 2012-1798-CIVIL THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2004-13 vs. STEVEN L. AIKENS ALETHA M. AIKENS owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania, being (Municipality) 5 JOHNS DRIVE, ENOLA, PA 17025-2694 Parcel No. 09-15-1288-389 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $163,598.69 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 12-1798 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/Wa THE BANK OF NEW YORK as trustee for THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13, Plaintiff (s) From STEVEN L. AIKENS and ALETHA M. AIKENS (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: $163,598.69 L.L.: $.50 Interest from 5/11/12 to Date of Sale ($26.89 per diem) -- $3,173.02 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $210.25 Other Costs: Plaintiff Paid: Date: 6/1/2012 David D. Buell, Prothonotary (Seal) may: Q L Deputy REQUESTING PARTY: Name: MELISSA J. CANTWELL, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BLVD, SUITE 1400 PHILADELPHIA. PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 308912 PLAINTIFF THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 DEFENDANT STEVEN L. AIKENS ALETHA M. AIKENS PHS # 288157 SERVICE TEAM/ Ixh COURT NO.: 2012-1798-CIVIL SERVE STEVEN L. AIKENS AT: TYPE OF ACTION ?? 5 JOHNS DRIVE XX Notice of Sheriff's Sale G-. ENOLA, PA 17025-2694 SALE DATE: September 5, 20140 t ;a• SERVEDr t r7- A Served and made known to STEVEN L. AIKENS, Defendant on the ? day of V U A/E co 20 00 - , o'clock f' M., at ?i Rrt) S DA, t&64, A , in the manner described below: ? ? A/ Defendant personally served. =O Adult family member with whom Defendant(s) reside(s). C Relationship is _ Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. _ Other- S r t' Description: Age 48 Height Z Weight I CS Race w Sex M Other I Ronald Moll , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to tie-pe4alties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. n n -l DATE: V q 1- NAME: PRINTED NAME: Ronald Moll TITLE: Process Ser,xr NOT SERVED On the day of , 20_, at o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved - Does Not Reside (Not Vacant) No Answer on at Service Refused at Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones. Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY - -r 0 rTi L++ t ?'? 7:" AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE PHS # 288157 CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 DEFENDANT SERVICE TEAM/ lxh STEVEN L. AIKENS COURT NO.: 2012-1798-CIVIL ALETHA M. AIKENS SERVE ALETHA M. AIKENS AT: TYPE OF ACTION 5 JOHNS DRIVE XX Notice of Sheriff's Sale ENOLA, PA 17025-2694 SALE DATE: September 5, 2012 SERVED Served and made known to ALETHA M. AIKENS, Defendant on thefi'day of7 lCu? 20 aM,z ti =30, o'clock 4. M., at GF?l b(+NS DA, fP-y64 I A , in the manner described below: T- = xf ?" t rrt Defendant personally served. V Adult family member ith whom Defendant(s) reside(s). 2> C t co _? Relationship is _' L5_&A I D _ Adult in charge of Defendant's residence who refused to give name or relationship. > O =F, Manager/Clerk of place of lodging in which Defendant(s) reside(s). ' p Z y Agent or person in charge of Defendant s office or usual place of business. an officer of said Defendant's company. Other: Description: Age 46-5 Height 7 r Weight ?O Race W Sex 'M Other Ronald Moll 1, , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r'1 DATE: NAME: PRINTED NAME: Ronan `- ^i `.,1; TITLE. pf0 SCt' S Server NOT SERVED On the day of , 20_, at A o'clock _. M., Defendant NOT FOUND because: - Vacant - Does Not Exist - Moved , Does Not Reside (Not Vacant) No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Jay B. Jones, Esq., Id. No. 86657 Andrew L. Spivack, Esq., Id. No. 84439 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Courtenay R. Dunn, Esq., Id. No. 206779 Allison F. Wells, Esq., Id. No. 309519 Melissa J. Cantwell, Esq., Id. No. 308912 Mario J. Hanyon, Esq., Id. No. 203993 Andrew J. Marley, Esq., Id. No. 312314 Robert W. Cusick, Esq., Id. No. 80193 .~ °~1-~~-~ . , ...~,~. ~}~t~T PHELAN HALLINAN & SCHMIEG, LLP John Michael Kolesnik, Esq., Id. No.308877 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney for Plaintiff fit' ~ ~ ~ ~~, ! ~ `~u'~~~ERLAN ~FNres~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., COURT OF COMMON PLEAS ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff, CIVIL DIVISION v. STEVEN L. AII~NS ALETHA M. AIKENS Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each o. the persons or parties named, at that address, set forth on the Affidavit and as amended ii applicable. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached~to Exhibit "A". Date: ~~~C 2 No.: 2012-1798-CIVIL hael Kolesnik, Esquire for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may n be sold in the absence of a representative of the plaintiff at the Sheriff s Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not presF at the sale. f ~~` )NO TA f,~ ,t, ~ ~a: ~~ cocrNr~~ 4NfA PHS # 288157 "~~.~~ f ~ r _ ~ ~ ~ a N C ~D 00 ~7 O~ UI ~ W N o-+ z € ' ~ r~ E ~ v ~~ ~ f a .~ ~ ~ ~ a z- ~ ~ ~ ~ ~ ~ ~ ~ ~ x. ~ ~. ~ E f O } ~ 1 (D rv a ~ ~ C17 Crf "'' C" ~ ~ ~ ~+ 'b N ~ C ~ °' Oo~'on.~ntn .9 .. ~-+ °o° ~+ .9 v (~ o, n o C7 ". t7 v n ~"e o S w ""~ aaO n w "'~ a o0 t-4 ~p "~ ;7,°o0 , < ~ a A' ~ p a .+u' !'~ +' a r,w :~ ~ a Zc,I+7 Z nz ~ QoC y.o~~DV ° v ~ r =' °' o ~ o `o ~3 '~ ~p'4'r< :Ur ~"'~ 'ti~ Cjp~ c' Z't*f 70y p i"'Ot^f ."'p ~O~7 ~ .'V d ~OZ "'rSa g a~ =Q' -~ C" rC 7~7 ~ lTJ cx m = ^ a "=W~~ ~ = ^ c Cx3= „ ; n 3mn z rn~vi Z ~av, CZ ~",~rn : 7 r-dO('7 , y >~f~ ~~ qp ; 'a " S Z y }' ~ O o ~ ° ~ Ci7 < .. 0 C" b ~ i . v ~ c. _ ~ ! ~ f ~ ~ "'b~ n a ° n m ' Y Z ° 7J p Gf9 ~ _. 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O A i 3 3 ~ ° , ~~ o~ f° r S+ Q c ~ O H ry N {x -~ > > O rt ~ R 3 N 00 ~ ~ .-7 ~ .N. ~ ~. n ~ 3 ~ ~ a . d3N^ ~0 c ~ 3 ~ w ~ d o' . F a 7 s 3 o w o ~. c ~ -°Q3°-° ^ ' . ~ h w m ~ ~ o n ~ !p cn y ° 3 w ! 7 f3i B o ~ rn ~ . 1 ~ ~ , P ~_ y =. , -. n r, n m ., ~ , .~- lF s n O ~ o- ~ ~ c'r w - oa o ..~~ v w ~ ~ '*.. ~( _ ~ o ~ , ~ ~ ~.~ OaZ ~ ~ ~ ~ c~ 7 R. ~ ~ -fie P. 1 O~~ ~ ~ v ~ ~-r ~ ~ w n ~ ~. ~ ~ ~ c,,^n ~; a < ~ b a~ G ~ ~ ~ ~. cro ~r or o ,sy THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEFiOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 PLAINTIFF V. STEVEN L. AIKENS, ALETHA M. AIKENS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1798 CIVIL ORDER OF COURT C7 --> -4, ,.~~ CT"±`;~ _ ..T} C 7 t..:. -~.~ ~~ r ~~ aR~ ~.r ... '-'i r.a r_: a c-„~ ";b (a -.7 w n,. .~.. AND NOW, this 13`h day of August, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rufe is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 4, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ~ Matthew Brushwood, Esquire Attorney for Plaintiff '~ Steven L. Aikens ~Aletha M. Aikens Defendants bas ~p~~s ~~ ~~~ ~/'3~~ ~~ M. L. Ebert, Jr., J `; ~ ~~ ~~f ~ ^~ _,4~~ ~- r~ ~- -, ~~E€3-Q~=F1Cc: ~~_~ ~~~ PR~TNQFtflTAfi`~ 2012 Aus 20 AM 9~ 29 Phelan Hallinan & Schmieg, LLP ~~~~~~{~~~ CQUNTY Melissa J. Cantwell, Esq., Id. No.308912~~~~~~~~~w~~ ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No.:2012-1798-CIVIL vs. STEVEN L. AIKENS ALETHA M. AIKENS Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 13, 2012 Rule the Defendants to show cause as to why Plaintiff's Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. STEVEN L. AIKENS ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 AU6 17 1011 elan Hal 'nan & S 'eg, LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 2881 FICE HJIVO jA R In r Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, 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 FKA THE BANK OF NEW YORK AS TRUSTEE FOR FEN, *'yL&VA0NGjW f?R PLAINTIFF THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff vs. STEVEN L. AIKENS ALETHA M. AIKENS Defendants Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-1798-CIVIL MOTION TO MAKE RULE ABSOLUTE THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13, by and through its attorney, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. A Motion to Reassess Damages was filed with the Court on August 7, 2012. 2. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on July 24, 2012 and requested,, the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiffs letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit A. 3. A Rule was issued by the Honorable M.L. Ebert, Jr. on or about August 13, 2012 directing the Defendants to show cause by September 4, 2012 why the Motion to Reassess 288157 Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit B. 4. The Rule to Show Cause was timely served upon all parties on August 17, 2012 in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit C. 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of September 4, 2012. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. q? helan allinan & T g, LLP DATE: T C ? ? By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 288157 Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 Phelan Hallinan & Schmieg, LLP Representing Lenders in Pennsylvania and New Jersey July 24, 2012 STEVEN L. AIKENS ALE!THA M. AIKF.NS 5 JOHNS DRIVE ENOLA, PA 17025-2694 RE: THE BANK OF NEW YORK MELLON FKA TIIE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2004-13 v. STEVEN L. AIKENS and ALETHA M. AIKENS Premises Address: 5 JOHNS DRIVE ENOLA, PA 17025 CUMBERLAND County CCP, No. 2012-1798-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by July 30, 2012. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, till' liay R. Dunn, Esquire Attorney for Plaintiff Enclosure 288157 ane and Phelan Hallinan & Schmieg, LLP Was 1617 JFK Boulevard, Suite 1400 Sender One Peqn Center Plaza Philadelehie_ PA 19103 AMn 2c Article Number Name Addrane, Street, and Port OMee Addrem Postage L •••• STEVIdN L. AIKENS $0.45 ALETHA M. AIKENS 5 JOHNS DRIVE ENO PA 17025-2694 RE: ST VEN L. AIKENS CUMBERLAND PHSM 288157 Pa e 1 of 1 $0.45 .ee [.used by Sailer Rer+Jwd atl Poet offs- Roo nAtig Employee) far the repot strucu n of 001[1! . adithh: doeuatet[s adder Express Mail dttcwren[ reconstruction t Diva subject m a lime of 1300.000 per oaarw a The maximum indandty payable on Exprer The muimam indemnty Payable is 525.000 for m&aed mail. not with optional insurance. S N eo O ar J ?U tai y NO Op -mom edZO'-' Exhibit "B" THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 PLAINTIFF V. STEVEN L. AIKENS, ALETHA M. AIKENS, DEFENDANTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 12-1798 CIVIL a- ORDER OF COURT AND NOW, this 13`h day of August, 2012, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before September 4, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ,% ?_ Nk M. L. Ebert, Jr., J, Matthew Brushwood, Esquire Attorney for Plaintiff Steven L. Aikens Aletha M. Aikens Defendants bas Exhibit "C" I l ' 0N t?AO"20 All :? t; Phelan Hallinan & Schmieg, LLP lZ . A PLO co Upi T,, Melissa J. Cantwell, Esq., Id. No.3089?YLIVANIA ATTORNEY FOR PLAINTIFF 1617' JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FK.N Court of Common Pleas THE BANK OF NEW YORK AS TRUSTEE FOR THE' CERTIFICATEHOLDERS OF THE CWABS, Civil Division INC, , ASSET-BACKED CERTIFICATES, SERIES 2004-13 CUMBERLAND County Plaintiff No.: 2012-1798-CIVIL VS. STEVEN L. AIKENS ALE!THA M. AIKENS Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's August 13, 2012 Rule directing the Defendants to show cause as to why Plaintiff s Motion to Reassess Damages should not be granted was served upon the following individuals on the date indicated below. STEVEN L. AIKENS ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 ? ? 17 ??? Phelan Hal 'nan &?Sgh?ieg, LLP DATE By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 288157 Phelan Hallinan & Schmieg, LLP Melissa J. Cantwell, Esq., Id. No.308912 1617 JFK Boulevard, Suite 1400 ATTORNEY FOR PLAINTIFF One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No.: 2012-1798-CIVIL vs. STEVEN L. AIKENS ALETHA M. AIKENS Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Make Rule Absolute was served upon the following individuals on the date indicated below. STEVEN L. AIKENS ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 P lan H llinan & Schmieg, LLP DATE: By: Melissa J. Cantwell, Esquire Attorney for Plaintiff 288157 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK COURT OF COMMON PLEAS AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-13 CIVIL DIVISION Plaintiff NO.:2012-1798-CIVIL V. STEVEN L.AIKENS CUMBERLAND COUNTY ALETHA M.AIKENS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: � � G ••_ - Amount Due $172,391.32 , CD Interest from 05/11/2012 to Date of Sale $16.238.82 o.. ($28.34 per diem) c:3-rt r E G TOTAL $188,630.14 h lHallinan,LLP SEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff Note: Please attach description of property. PH#781979 r w�- 10)p sc) , U.q q . 103. 75 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS.TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-13 Plaintiff V. C STEVEN L.AIKENS r- ALETHA M.AIKENS Defendant(s) PRAECIPE FOR WRIT OF EXECUTION (Mortgage Foreclosure) iled: Address where papers may be served: f/ STEVEN L.AIKENS lan Hallinan,LLP 5 JOHNS DRIVE SEPH E.DEBARBERIE,Esq.,Id.No.315421 ENOLA,PA 17025-2694 Attorney for Plaintiff ALETHA M.AIKENS 5 JOHNS DRIVE ENOLA,PA 17025-2694 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro,County of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the western right-of-way line of Johns Drive,at the northernmost corner of Lot No.246 on the hereinafter described Final Subdivision Plan;THENCE along the northern line of said Lot No.246,South 71 degrees 34 minutes 00 seconds West,a distance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park;THENCE along the eastern line of said Lot No. 15,North 18 degrees 26 minutes 00 seconds West,a distance of 24.00 feet to a point at the southernmost corner of Lot No.248 on the hereinafter described Final Subdivision Plan;THENCE along the southern line of said Lot No.248,North 71 degrees 34 minutes 00 seconds East,a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive;THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East,a distance of 24.00 feet to a point at the northernmost corner of Lot No.246 on the hereinafter described Final Subdivision Plan,the point and place of BEGINNING. CONTAINING 2,808.00 square feet,more or less. BEING Lot No.247,Final Subdivision Plan of Laurel Hills North,Phase 5,dated June 5,2001,last revised July 12,2001,recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania,in Plan Book 83,Page 113. BEING improved with a townhouse dwelling. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements,as may be shown in recorded documents,granted to Public Utility Companies for utility purposes.Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT,NEVERTHELESS to restrictions,easements,set-back lines and conditions as now appear of record including,but not limited to,Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North,Phase 5,East Pennsboro Township,Cumberland County, Pennsylvania,dated September 14,2004 and recorded in the Office of the Recorder of Deeds of Cumberland County,in Miscellaneous Book 681,Page 601. FURTHER UNDER AND SUBJECT to a thirty(30)foot wide drainage easement and a ten(10)foot wide pedestrian easement across the western portion on the premises as shown on the above referenced Final Subdivision PLan. TITLE TO SAID PREMISES VESTED IN Steven L. Aikens and Aletha M. Aikens, husband and wife,by Special Warranty Deed from Laurel Hills Development Corp.,dated 10/29/2004, and recorded 11/01/2004 in Book 265 Page 4942. PREMISES BEING:5 JOHNS DRIVE,ENOLA,PA 17025-2694 PARCEL NO.09-15-1288-389 i PHELAN HALLINAN,LLP w TH � ��.� OnE��TN��OTAY Attorneys for Plaintiff. JOSEPH E. DEBARBERIE, Esq., Id. No.3 f5421 1617 JFK Boulevard, Suite 1400 jjG- 30 �� ` 3`t One Penn Center Plaza Philadelphia, PA 19103 CUMBERLAND COUNTY josephe.debarberie @phelanhallinan.com 215-563-7000 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW COURT OF COMMON PLEAS YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET-BACKED CERTIFICATES,SERIES CIVIL DIVISION 2004-13 Plaintiff NO.: 2012-1798-CIVIL V. CUMBERLAND COUNTY STEVEN L.AIKENS ALETHA M. AIKENS Defendant(s) CERTIFICATION The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: i ( } the mortgage is an FHA Mortgage ( } the premises is non-owner occupied ( } the premises is vacant (X) Act 91 procedures.have been fulfilled { } Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Y SIan Hallinan,LLP EPH E.DEBARBERIE,Esq.,Id.No.3I5421 Attorney for Plaintiff i I 7 THE BANK OF NEW YORK MELLON FKA THE BANK COURT OF COMMON PLEAS OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC., CIVIL DIVISION ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff NO.: 2012-1798-CIVIL V. CUMBERLAND COUNTY STEVEN L.AIKENS ALETHA M.AIKENS Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-13,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 5 JOHNS DRIVE,ENOLA,PA 17025-2694. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) STEVEN L.AIKENS 5 JOHNS DRIVE rya -� ENOLA,PA 17025-2694 , 3 , w -r: xrri C r:- ALETHA M.AIKENS 5 JOHNS DRIVE to ENOLA,PA 17025-2694 2. Name and address of Defendant(s)in the judgment: C CD,, t Name Address(if address cannot be reasonably ascertained,please so indicate) --� ' STEVEN L.AIKENS 5 JOHNS DRIVE ENOLA,PA 17025-2694 ALETHA M.AIKENS 5 JOHNS DRIVE ENOLA,PA 17025-2694 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS,CA 91302 AMERICA'S WHOLESALE LENDER C/O 4500 PARK GRANADA DIXSON CAROLINE CALABASAS,CA 91302 PH#781979 AMERICA'S WHOLESALE LENDER C/O MS P.O.BOX 10423 SV-79 DOCUMENT PROCESSING VAN NUYS,CA 91410-0423 ;5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) TOWNSHIP OF EAST PENNSBORO C/O 3964 LEXINGTON STREET JOSEPH A.CURCILLO,III,ESQUIRE HARRISBURG,PA 17109-2813 TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA,PA 17025 TOWNSHIP OF EAST PENNSBORO C/O 3901 MARKET STREET HENRY F.COYNE,ESQUIRE CAMP HILL,PA 17011-4227 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 5 JOHNS DRIVE ENOLA,PA 17025-2694 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 1.8 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: By. P lan Hallinan,LLP JOSEPH E.DEBARBERIE,Esq.,Id.No.315421 Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH#781.979 THE BANK OF NEW YORK MELLON FKA THE BANK OF COURT OF COMMON PLEAS NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET- CIVIL DIVISION BACKED CERTIFICATES,SERIES 2004-13 NO.: 2012-1798-CIVIL Plaintiff VS. CUMBERLAND COUNTY STEVEN L.AIKENS ALETHA M.AIKENS Defendant(s) rn c= r— , X r C-D NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: STEVEN L.AIKENS, C)CI ALETHA M.AIKENS 5 JOHNS DRIVE co ENOLA,PA 17025-2694 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT,BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house(real estate) at 5 JOHNS DRIVE,ENOLA,PA 17025.2694 is scheduled to be sold at the Sheriff s Sale on 12/04/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$172,391.32 obtained by THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-13(the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You maybe able to stop the sale by filing 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 SHERIF`F'S SALE DOES TAKE PLACE. L If the.Sheriff's Sale is!not stopped, your property will be sold to the highest bidder. You'may find out the price bid by calling 215-�63-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to;remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer;. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty(30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule wi71 state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten(10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses,or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION j CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE,PA 17013 (717) 249-3166 (800) 990-9108 i i i • • 9 I I I I l I I SHORT DESCRIPTION By virtue of a Writ of Execution No. 2012-1798-CIVIL j THE BANK OF{NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR;THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET- BACKED CERTIFICATES,SERIES 2004-13 V. STEVEN L.AlkENS ALETHA M.AIKENS f owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO, CUMBERLAND County, Pennsylvania,being I 5 JOHNS DRIVE,ENOLA,PA 17025-2694 Parcel No.09-15-1288-389 (Acreage or street address) • i Improvements thereon:RESIDENTIAL DWELLING Judgment Amount: $172,391.32 I i Attorneys for Plaintiff Phelan Hallinan,?LLP a i E i i LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Bast Pennsboro,County of Cumberland and Commonwealth of Pennsylvania,bounded and described as follows,to wit: BEGINNING at a point on the western right-of-way line of Johns Drive,at the northernmost corner of Lot No.246 on the hereinafter described Final Subdivision Plan;THENCE along the northern line of said Lot No.246,South 71 degrees 34 minutes 00 seconds West,a distance of 1.17.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park;THENCE along the eastern line of said Lot No. 15,North 1.8 degrees 26 minutes 00 seconds West,a distance of 24.00 feet to a point at the southernmost corner of Lot No.248 on the hereinafter described Final Subdivision Plan;THENCE along the southern line of said Lot No.248,North 71 degrees 34 minutes 00 seconds East,a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive;THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East,a distance of 24.00 feet to a point at the northernmost corner of Lot No.246 on the hereinafter described Final Subdivision Plan,the point and place of BEGINNING. CONTAINING 2,808.00 square feet,more or less. BEING Lot No.247,Final Subdivision Plan of Laurel Hills North,Phase 5,dated June 5,2001,last revised July 12,2001,recorded in the Office of the Recorder of Deeds of Cumberland County,Pennsylvania,in Plan Book 83,Page 113. BEING improved with a townhouse dwelling. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements,as may be shown in recorded documents,granted to Public Utility Companies for utility purposes.Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT,NEVERTHELESS to restrictions,easements,set-back lines and conditions as now appear of record including,but not limited to,Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North,Phase 5,East Pennsboro Township,Cumberland County, Pennsylvania,dated September 14,2004 and recorded in the Office of the Recorder of Deeds of Cumberland County,in Miscellaneous Book 681,Page 601. FURTHER UNDER AND SUBJECT to a thirty(30)foot wide drainage easement and a ten(10)foot wide pedestrian easement across the western portion on the premises as shown on the above referenced Final Subdivision PLan. TITLE TO SAID PREMISES VESTED IN Steven L. Aikens and Aletha M. Aikens,husband and wife,by Special Warranty Deed from Laurel Hills Development Corp., dated 1.0/29/2004, and recorded 11/01/2004 in Book 265 Page 4942. PREMISES BEING:5 JOHNS DRIVE,ENOLA,PA 17025-2694 PARCEL NO.09-15-1288-389 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO, 2012-1798 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 FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-13 Plaintiff(s) From STEVEN L.AIKENS,ALETHA M.AIKENS (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:gamishee(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:$172,391.32 L.L.: Interest FROM 5/1112012 TO DATE OF SALE($28.34 PER DIEM)-$16,238.82 Atty's Comm: . Due Prothy: $2.25 Atty Paid: $931.16 Other Costs: Plaintiff Paid: Date: AUGUST 30,2013 r1`t .tfi'ly,,.,�=���,Q��r,%��_ David D.Buell,Prothonotary- 01 (Seal) 42� Deputy REQUESTING PARTY: Name:Joseph E.Debarberie,Esq. Address:Phelan Hallinan,LLP 1617 HK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 Attorney for-Plaintiff Telephone:215-563-7000 Supreme Court ID No.315421 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE PH#781979 CWABS,INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-13 DEFENDANT SERVICE TEAM/lxh STEVEN L.AIKENS COURT NO.:2012-1798-CIVIL ALETHA M.AIKENS SERVE STEVEN L.AIKENS AT: TYPE OF ACTION 5 JOHNS DRIVE XX Notice of Sheriff's Sale ENOLA,PA 17025-2694 SALE DATE: December 4,2013 c SERVED �,r� c'r'1w r~m4 Served and made known to STEVEN L.AIKENS,Defendant on the day of^-�1C `+� 20 C ,ate 1 6,o'clock' .M.,at 5'Ck*15 V ,in the manner described below: �A rx) Defendant personally served. r— 1�Adult family member with whom Defendant(s)reside(s). C-y '' Relationship istJ( 17or y C� Adult in charge of Defenda is residence who refused G) used to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). •-4 -0 W Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: 11 Description: Age S Height C 3 a Weight f 76 Race (i Sex Other I, a i\N-N 'VtJ , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: ZO(� NAME: �i PRINTED NAME: 11r1 (sx/G he{e TITLE: �11'4::) S S'E Ltt NOT SERVED On the day of 20 ,at o'clock_.M.,I, ,a competent adult hereby state that 1)eendant NOT FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 L AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE PH#781979 CWABS,INC.,ASSET-BACKED CERTIFICATES,SERIES 2004-13 DEFENDANT SERVICE TEAM/lxh STEVEN L.AIKENS COURT NO.:2012-1798-CIVIL r ALETHA M.AIKENS -r w SERVE ALETHA M.AIKENS AT: TYPE OF ACTION t- rn G.D rn Ca) 5 JOHNS DRIVE XX Notice of Sheriff's Sale `4y ENOLA,PA 17025-2694 SALE DATE: December 4,2013 (pi— 1 OD SERVED <7> 9 1°° Served and made known to ALETHA M.AIKENS,Defendant on the t day of 20 �, y • -lc,o'clock\?M.,at q k 3 S (gtV1p ,in the manner described below: Defendant personally served. Adult family member with whom Defendant s)reside(s). Relationship is CFA. (Q ) Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s)reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 5 Height 3 Weight tie' Race 1ki Sex Other I,(1`) ‘"' 21 t* , a competent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. 1^� DATE: 1/ 1-0i1, NAME: PRINTED NAME: TITLE: V-"c"CGSS e(1'A'A^6— NOT SERVED On the day of ,20 at o'clock .M.,I, ,a competent adult hereby state that l Pendant NOT FOUND because: Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at • at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 • r 2313f011 7 A;110. 1 PHELAN HALLINAN,LLP Attorney for Plaintiff Adam H. Davis,Esq.,Id.No.203034 '�r�`; 'LAND 1617 JFK Boulevard, Suite 1400 PENNS L� �COUNT One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC., COURT OF COMMON PLEAS ASSET-BACKED CERTIFICATES,SERIES 2004-13 : Plaintiff, CIVIL DIVISION v. No.: 2012-1798-CIVIL STEVEN L.AIKENS ALETHA M.AIKENS Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 r/ " //j Attorney for Plaintiff Date: (l l Q l / �J IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#781979 'fy.FY:.r...-.,�.aaxse."YA:...... ni 44S18. ,_wl'.e..r:'ia,.v..nv+npM ^::. f.hnr.rYUew.aT.�.wui.e�+Mrvx,.ew.w�• x ....uwn�•' . f Name and Phelan Hallinen,LLP Addrms Of 1617 NE Boulevard,Suite 1400 ts Sender • Ore Pain Canter Plaza c ,, Philadelphia,PA 19103 A2K/GIL•12/04/2013 SALE ICI I`- Line Ankle Number, Name ofAddressee,Street,anti Peet Office Address Postage 1 *me TENANT/OCCUPANT a $0.45 1 �7i • 5 JOHNS DRIVE O [ ..ENOLA.PA 17025.2694 2 **•r AMERICA'S WHOLESALE IsENDER $0.45 4500 PARK GRANADA it*"CALABASAS,CA 91302 m 3 **** AMERICA'S WHOLESALE.LENDER CO DIXSON CAROLINE $0.45 "q ' 4500 PARK CR&NADA '= ,,, f;u`'',.:s CALABASAS,CA 91302 ' 4 '."* AMERICA'S WROLISALE LENDER C/O MS 51/49 DOCUMENT PROCESSING 50.45. .'; P.O.BOX 10423 VAN NUYS,CA 91411W423 's.•,...�.. 5 **** TOWNSHIP OF EAST PENNSBORO $0.45 98 SOUTH ENOLA DRIVE .ENOLA,PA 17025. . .. r 6 **'* TOWNSHIP OF EAST PENNEBORO CO HENRY F.COYNE,ESQUIRE $0.45 3901 MARKET STREET t CAMP HILL,PA 17011.4227 7 **** TOWNSHIP OF EAST PENNSBORO CO JOSEPH A.CURCILLO,III,ESQUIRE 50.45 3964 LEXINGTON STREET. • HARRISBURG,PA 2X99-2113 s_, • 8 .... DOMESTIC RELATIONS OF 50A5 .''• ' CUMBERLAND COUNTY 'a, ;'� 13 NORTH HANOVER STREET ....—' CARLISLE,PA 17013 Z' 9 **** COMMONWEALTH OFPENNSYLVANIA• 50.45 DEPARTMENT OF WELFARE •• P.O.BOX 2675 HARRISBURG,PA 17105 10 *•** INTERNAL REVENUE SERVICEADVISORY 50.45 • 1000 LIBERTY AVENUE ROOM 704 4 PITTSBURGH,PA 15232 II **sr* U.S.DEPARTMENT OFJUSTICE • . 50.45 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING a . 226 WALNUTSTREET,SUITE 220 PO BOX 11734. HARRISBURG,PA 171084754 RE:STSVFN L. :,,,,AMENS DI_ _ PFD 297911011 Page 1 of I_-_ Writ Team . f 4.95 l' Nag=of' Taus*min orriatt P,u .N,Nine of. h,A.d.d .tvtlucimy.'uol o dl simWic.dWtem$.pmisteSSIM oak Tilt saisva iodnaeax capable*t du ratnr.atas " .taaa*s�de Rwwaa.but OR* .a r .igsissanietisibli aoa,..en..edxE..p.«awtdaa.a n�.wa�o bowsaw is X*iiss,s.� ... ofS00amper ....a...n....i....:a.,:wrra.►r.+apwn tar1..r....+..it rs....:ro.,i.a.a..>...u.is MVO r....,,ieu.e ;. oYl.+a with,Nosal imam.Scs De.mk Ma I Assisi 119008919 sal S9ei for Unitas.at...vow in 3877 Facsimile.. • • • • . IMM SHERIFF'S OFFICE OF CUMBERLAND COUNTY f Ronny R Anderson Sheriff oftlr,tr l F a ( 1 Jody S Smith Chief Deputy ., DEC �1 A �._? I Richard W Stewart °" [[�1 '+ . } `f� ��EF1LYi3E J G. l Solicitor ` 'r°" PEN NSYLV'YSt n. The Bank of New York Mellon Case Number vs Steven L. Aikens(et al.) 2012-1798 SHERIFF'S RETURN OF SERVICE 09/27/2013 07:40 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 5 Johns Drive, East Pennsboro-Township, Enola, PA 17025, Cumberland County. 09/27/2013 07:40 PM -Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be ALETHA AIKENS WIFE, who accepted as"Adult Person in Charge"for Steven L.Aikens at 5 Johns Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 09/27/2013 07:40 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Aletha M.Aikens at 5 Johns Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 12/02/2013 As directed by Joseph Schalk, Attorney for the Plaintiff, Sheriff's Sale Continued to 3/12/2014 12/16/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $734.43 SO ANSWERS, December 16, 2013 RONR ANDERSON, SHERIFF tel ' (3�• $Z` / 1 9c/3/7 frY1( ;?)95C'-T' {c!Caun ySu fe SheGff,Teieesoft,In . On September 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 5 Johns Drive, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. ter_D r Date: September 9, 2013 wr i f"t W G... :a frl t );: Lil CL: 4 ✓ (_)II! 4.: Lt 801_04421_1 Real Estate Coordinator • • LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No.2012-1798 Civil Term THE BANK OF NEW YORK MELLON vs. STEVEN L.AIKENS Atty.:Joseph Schalk By virtue of a Writ of Execution No.2012-1798-CIVIL,THE BANK OF NEW YORK MELLON fka THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS,INC.,ASSET-BACKED CERTIFICATES, SERIES 2004-13 v. STEVEN L. AIKENS, ALETHA M. AIKENS owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO,CUMBERLAND Coun- ty, Pennsylvania, being 5 JOHNS DRIVE,ENOLA,PA 17025-2694. Parcel No.09-15-1288-389. Improvements thereon:RESIDEN- TIAL DWELLING. Judgment Amount:$172,391.32. 18 • 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: October 11, October 18 and October 25, 2013 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. ,Li Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 The Patriot-News Co. 2020 Technology Pkwy he atriotNews Suite 300 Mechanicsburg, PA 17050 Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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 Patriot-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 date(s)shown below: 10/13/13 012-1798 Civil Term 10/20/13 THE SANMKe OF NEW YORK ,///� /� vs. / � 10/27/13 STEVEN L AIKENS Atty: Joseph Schalk By virtue of a Writ of Execution No. . . : . . (l , . / . . . (. , !. . . . . . 2012-1798-CIVIL THE BANK OF NEW YORK MELLON FKA THE FOR OF YORK AS Sworn to and subscribed before me this 11 day of November, 2013 A.D. TRU51� FrDR TIl� CERiTFICATE HOLDERS OF THE CWABS, INC., 040 ASSETBACKEIX CERTIFICATES, SERIES 2004-13 S. No Public STEVEN L AIKENS ALETHA M.AIICENS' owner(s) of property situate in the TOWNSHIP OF EAST PENNSBORO,- CUMBERIAND Coupty, Pennsylvania, being COMMONWEALTH OF PENNSYLVANIA 5 JOHNS DRIVE,ENOLA,PA 17025-2694 Notarial Seal Parcel No 09-15-1288-389 Holly Lynn Warfel,Notary Public (Acreage or street address) Improvements thereon: RESIDENTIAL Washington Twp.,Expires Dec.County DWELLING My Commission Expires Dec.12,2016 Judgment Amount:$172 39132 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES PRAECIPE FOR WRIT OF EXECUTION -(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders of The Cwabs, Inc., Asset-backed Certificates, Series 2004- 13 Plaintiff V. Steven L. Aikens Aletha M. Aikens Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 09/06/2012 to Date of Sale ($28.34 per diem) TOTAL Note: Please attach description of property. PH # 781979 ica a.kkkA Sti . co k 103, 7S it g' UP, Sb" " ° " Oqq. 69 pia Li : COURT OF COMMON PLEAS : CIVIL DIVISION NO.: 2012 -1798 -CIVIL : CUMBERLAND COUNTY $172,391.32 $23,210.46 $195,601.78 an Hallinan, LLP ph E. DeBarberie, Esq., Id. No.315421 A .ney for Plaintiff 14- IL/Liiisg ooss LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Johns Drive, at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 246, South 71 degrees 34 minutes 00 seconds West, a distance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park; THENCE along the eastern line of said Lot No. 15, North 18 degrees 26 minutes 00 seconds West, a distance of 24.00 feet to a point at the southernmost corner of Lot No. 248 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 248, North 71 degrees 34 minutes 00 seconds East, a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive; THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East, a distance of 24.00 feet to a point at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,808.00 square feet, more or less. BEING Lot No. 247, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set -back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2004 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a thirty (30) foot wide drainage easement and a ten (10) foot wide pedestrian easement across the western portion on the premises as shown on the above referenced Final Subdivision PLan. TITLE TO SAID PREMISES IS VESTED IN Steven L. Aikens and Aletha M. Aikens, h/w, by Deed from Laurel Hills Development Corporation, a Pennsylvania Corporation, dated 10/29/2004, recorded 11/01/2004 in Book 265, Page 4942. PREMISES BEING: 5 Johns Drive, Enola, PA 17025-2694 PARCEL NO. 09-15-1288-389 PHELAN HALLINAN, LLP Joseph E. DeBarberie, Esq., Id. No.315421 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 joseph.debarberie@phelanhallinan.com 215-563-7000 r= IL ED_DFr..HC.' ',;F 1-H . PHO THONG rA k 2O11i AUG 20 AH!j:0 CUMBERLAND AND COUNTY, hNIA The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders of The Cwabs, Inc., Asset-backed Certificates, Series 2004-13 Plaintiff v. Steven L. Aikens Aletha M. Aikens Defendant(s) CERTIFICATION Attorneys for Plaintiff : COURT OF COMMON PLEAS : CIVIL DIVISION : NO.: 2012 -1798 -CIVIL CUMBERLAND County The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: the mortgage is an FHA Mortgage the premises is non -owner occupied the premises is vacant Act 91 procedures have been fulfilled Act 91 is Not Applicable pursuant to Pa Bulletin, Doc No 11-1197, 41 Pa.B. 3943 This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. By.,� n Hallinan, LLP Jo >h E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders of The Cwabs, Inc., Asset-backed. certificates, Series 2004-13 P1ainti! v. Steven L. Aikens Aletha M. Aikens Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 2012 -1798 -CIVIL CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders of The Cwabs, Inc., Asset-backed Certificates, Series 2004-13, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at 5 Johns Drive, Enola, PA 17025- 2694. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) STEVEN L. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 2. Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) STEVEN L. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER AMERICA'S WHOLESALE LENDER C/O DIXSON CAROLINE 4500 PARK GRANADA CALABASAS, CA 91302 4500 PARK GRANADA CALABASAS, CA 91302 AMERICA'S WHOLESALE LENDER C/O MS P.O. BOX 10423 SV -79 DOCUMENT PROCESSING VAN NUYS, CA 91410-0423 PH#781979 5. Name and address of every other person who has any Name TOWNSHIP OF EAST PENNSBORO C/QIR')SEPH A. CURCILLO, III, ESQUIRE TOWNSHIP OF EAST PENNSBORO TOWNSHIP OF EAST PENNSBORO CIO HENRY F. COYNE, ESQUIRE record lien on the property: Address (if address cannot be reasonably ascertained, please indicate) 3964 LEXINGTON STREET HARRISBURG, PA 17109-2813 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 3901 MARKET STREET CAMP HILL, PA 17011-4227 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) LAUREL HILLS NORTH, INC. 1540 YORKSHIRE PL ENOLA, PA 17025 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name TENANT/OCCUPANT COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES INHERITANCE TAX DIVISION DEPARTMENT OF PUBLIC WELFARE, TPL CASUALTY UNIT, ESTATE RECOVERY PROGRAM DOMESTIC RELATIONS OF CUMBERLAND COUNTY COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE INTERNAL REVENUE SERVICE ADVISORY U.S. DEPARTMENT OF JUSTICE U.S. ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING Address (if address cannot be reasonably ascertained, please indicate) 5 JOHNS DRIVE ENOLA, PA 17025-2694 6TH FLOOR, STRAWBERRY SQ. DEPT 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BUILDING HARRISBURG, PA 17105 13 NORTH HANOVER STREET CARLISLE, PA 17013 P.O. BOX 2675 HARRISBURG, PA 17105 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH, PA 15222 228 WALNUT STREET, SUITE 220 PO BOX 11754 HARRISBURG, PA 17108-1754 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. I Date: t51 By:OCZO._Q P an Hallinan, LLP Jo eph E. DeBarberie, Esq., Id. No.315421 Attorney for Plaintiff PHELAN HALLINAN, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza, Philadelphia, PA 19103 215-563-7000 PH # 781979 The Bank of New York Mellon fka The Bank of New York as • Trustee for The Certificateholders of The Cwabs, Inc., Asset- backed Certificates, Series 2004-13 vs. Steven L. Aikens Aletha M. Aikens : COURT OF COMMON PLEAS : CIVIL DIVISION Plaintiff : NO.: 2012 -1798 -CIVIL : CUMBERLAND County Defendant(s) 0-1 cam,-; t ' N` NOTICE OF SHERIFF'S SALE OF REAL PROPERTY`�'.3 y` ; TO: Steven L. AikensZ C, `= u Aletha M. Aikens c= .>". 5 Johns Drive =+ _ Enola, PA 17025-2694 ...< **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** Your house (real estate) at 5 Johns Drive, Enola, PA 17025-2694 is scheduled to be sold at the Sheriff's Sale on 12/03/2014 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $172,391.32 obtained by The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders of The Cwabs, Inc., Asset-backed Certificates, Series 2004-13 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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. " l . If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution No. 2012 -1798 -CIVIL The Bank of New York Mellon fka The Bank of New York as Trustee for The Certificateholders of The Cwabs, Inc., Asset-backed Certificates, Series 2004-13 v. Steven L. Aikens Aletha M. Aikens owner(s) of property situate in EAST PENNSBORO TOWNSHIP, CUMBERLAND County, Pennsylvania, being 5 Johns Drive, Enola, PA 17025-2694 Parcel No. 09-15-1288-389 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Judgment Amount: $172,391.32 Attorneys for Plaintiff Phelan Hallinan, LLP LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Johns Drive, at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 246, South 71 degrees 34 minutes 00 seconds West, a distance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park; THENCE along the eastern line of said Lot No. 15, North 18 degrees 26 minutes 00 seconds West, a distance of 24.00 feet to a point at the southernmost corner of Lot No. 248 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 248, North 71 degrees 34 minutes 00 seconds East, a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive; THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East, a distance of 24.00 feet to a point at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,808.00 square feet, more or less. BEING Lot No. 247, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then cun-ent PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set -back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2004 and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a thirty (30) foot wide drainage easement and a ten (10) foot wide pedestrian easement across the western portion on the premises as shown on the above referenced Final Subdivision PLan. TITLE TO SAID PREMISES IS VESTED IN Steven L. Aikens and Aletha M. Aikens, h/w, by Deed from Laurel Hills Development Corporation, a Pennsylvania Corporation, dated 10/29/2004, recorded 11/01/2004 in Book 265, Page 4942. PREMISES BEING: 5 Johns Drive, Enola, PA 17025-2694 PARCEL NO. 09-15-1288-389 THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717) 240-6195 www.ccpa.net THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 Vs. NO 12-1798 Civil Term CIVIL ACTION — LAW STEVEN L. AIKENS ALETHA M. AIKENS WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $172,391.32 L.L.: Interest FROM 9/6/2012 TO DATE OF SALE ($28.34 PER DIEM) - $23,210.46 Atty's Comm: Atty Paid: $1,694.09 Plaintiff Paid: Date: 8/20/14 Due Prothy: $2.25 Other Costs: David D. Buell Prothonota (Seal) B REQUESTING PARTY: Name: JOSEPH E. DEBARBERIE, ESQUIRE Address: PHELAN HALLINAN, LLP 1617 JFK BLVD., SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 315421 Deputy • AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE PH # 781979 CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 DEFENDANT STEVEN L. AIKENS ALETHA M. AIKENS SERVE ALETHA M. AIKENS AT: 5 JOHNS DRIVE ENOLA, PA 17025-2694 Served and made known to ALETHA M. AI 4::S7o'clock M., at 'Zan OS /C Defendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Desc on: Age (33 HH .ght,tWeight !tom Race 104 Sex I Other )kio SI-275.5es • 1-iaiv{etent adult, hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the c. Toned case on the date and at the address indicated above. I understand that this statement is made subject to - pe ies of 18 Pa. C. 490 rela unsworn falsification to Iuthorities. SERVED SERVICE TEAM/ Ixh COURT NO.: 2012 -1798 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 54- S, Defendant on the`� day of iihen nner described 'elow: at DATE: NAME: PRINTED N TITLE: NOT SERVED On the dayof 20 , at o'clock . M., I, state that .)e endnt NOT FOUND because: Vacant Does Not Exist _ Moved — Does Not Reside (Not Vacant) _ No Answer on at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , a competent adult hereby at BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE PH # 781979 CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 DEFENDANT STEVEN L. AIKENS ALETHA M. AIKENS SERVE STEVEN L. AIKENS AT: 5 JOHNS DRIVE ENOLA, PA 17025-2694 SERVED SERVICE TEAM/ Ixh COURT NO.: 2012 -1798 -CIVIL TYPE OF ACTION XX Notice of Sheriff's Sale SALE DATE: December 3, 2014 Served and made known to STEVEN L. AIKENS, Defendat t on the-7/Nay of SEA -14460o 20 (4 . at 3 :24, o'clock . M., at 9" tP (1 -NS aQi VE, �CNvot 4 t 04 in the manner described below: ✓Defendant rsonally served. _Adult family member with whom Defendant(s) reside(s). Relationship ist61I17E(1 Adult in charge of Defendant's residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Other: Description: Age 1 Height S`4` Weight I IS- Race lit/ Sex P Other X> ' o -11 Ronald Moll O - I, , a competent adult, hereby verify that I personally handed a true and cotreetpy of the —!r Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at -the acdr'ss 7. indicated above. I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 490elating to - unsworn falsification to authorities. rnrn cn C) ---t w ---sa < �s DATE: –`I7NAME: PRINTED NAME: Ronald Moll TITLE: Process Server NOT SERVED On the dayof 20_, at o'clock . M., I, state that Defendant NOT FOUND because: Vacant Does Not Exist a competent adult hereby — Moved _ Does Not Reside (Not Vacant) _ No Answer on at at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 (215) 563-7000 PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff v. STEVEN L. AIKENS ALETHA M. AIKENS Defendant(s) Attorney for Plaintiff : CIVIL DIVISION : No.: 2012 -1798 -CIVIL NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs Sale scheduled for 12/03/2014 at 10:00 AM in the above -captioned matter has been continued until 03/04/2015 at 10:00 AM. Date: PH # 781979 /2/?fir /% r Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff PHELAN HALLINAN, LLP Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Attorney for Plaintiff THE BANK OF NEW YORK MELLON FKA THE BANK : OF NEW YORK AS TRUSTEE FOR THE : CIVIL DIVISION CERTIFICATEHOLDERS OF THE CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2004-13 : No.: 2012 -1798 -CIVIL Plaintiff v. STEVEN L. AIKENS ALETHA M. AIKENS Defendant(s) CERTIFICATION OF SERVICE I hereby certify that true and correct copies of the foregoing Notice of the Date of Continued Sheriffs Sale and Certificate of Filing were served by regular mail on the person(s) on the date listed below: STEVEN L. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 Date: PH # 781979 ALETHA M. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025-2694 Adam H. Davis, Esq., Id. No.203034 Attorney for Plaintiff