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HomeMy WebLinkAbout12-4879Ir r? C-) rnw r- ?o vn so v? z McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 3094$0 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BC5 c/o Bank of America 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Michele Haller 221 2nd Street Lemoyne, Pennsylvania 17043 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number ) 0(' 4 p COMPLAINT IN MORTGAGE FIORECLOSURE N R+J G rn E5 rn ?-V( . I 0 oLp, >t 10. ??- 171V J24a? C1 ?v c? -ica s? --+ 3> ?a Sid aHY 3 ;CIS File k 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 Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quit re defend rse de estas demandas ex-puestas en las pag' as siguie tes, usted tiene veinte (20) dias de plazo alp it de la f cha de la demands y la notificacion. Hace f to asenta? una comparencia escrita o en persona o con abogao y entregar a la corte en forma escrita s defenses o sus objeciones a las demandas en contra e su persona. Sea avisado que si usted no se defiende la corte tomara medidas y puede continuar la demands n contra uya sin previo aviso o notificacion. Ademasla corte Ouede decidir a favor del demandante y requi re que us?ted cumpla con todas las provisioner de a to demankla. Usted puede perder dinero o sus propieda es u otro? derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPE A SU A130GADO INMEDIATAMENTE. SI USTED 110 TIEN A UN ABOGADO, VA A O TELEFONEA A OFICIINA EXPUSO ABAJO. ESTA OFICINA O PUED? PROPORCIONAR CON INFORMATION ACERICA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCION R PARR' EMPLEAR UN ABOGADO, ESTA OFIC A PUEM SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENC S QUE PUEDEN OFRECER LOS SERVICI S LEGALES A PERSONAS ELEGIBLES EN G HONORARIO REDUCIDO NI NIN N HONORARIO. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (800)990-9108 File # T _ _ ' _ This is a communication from a debt collector who is attempting to collect a debt, and any information obtained will be used for that purpose. Unless, within thirty (30) days after your receipt of this communication, you dispute the validity the debt, or any portion of the debt, we will assume that the debt is valid. If you notify us in writing within thirty (30) days of your receipt of this communication that the debt, or a portion of the debt, is disputed, we will obtain verification of the debt or a copy of the judgment against you, and we will mail to you a copy of the verification or judgment that we obtain. Upon your written request to us within thirty (30) days of Your receipt of this communication, will provide to you the name and address of the original creditor, if different from the current creditor. Case Name: The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BC5 v. MicWe Haller Cumberland County File # 6460 P e3 COMPLAINT IN MORTGAGE FQRECLOSURE 1. Plaintiff is The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BC5, duly organized and business at the above-captioned address. 2. The Defendant is Michele Haller, who is the mortgagor and real owner of the mortgag d property hereinafter described, and his/her last-known address lis 221 2nd Street, Lemoyne, Pennsylv is 17043. On May 12, 2005, mortgagor made, executed and delivered a mortgage upon the hereinafter described to Wilmington Finance, a Division of AI? Federal Savings Bank which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1907, Page 3646, su h Mortgage being incorporated herein by reference by virtue of Mule 1019(g) Pa. R. C. P. 4. On June 12, 2012, the aforesaid mortgage was hereafter assigned by Wilmington Finane, a Division of AIG Federal Savings Bank to The Bank of New York Mellon f/k/a the Bank of New Y Trustee for the Certificateholders of CWABS, Inc., Asset-Sacked Certificates, Series 2005-BC5, Assignment of Mortgage, recorded in the Office of the Recorder of Cumberland County in Assignment of Mortgage Book 1907, page 3662, such Assignment of Mortgage being incorporated herein by reference y virtue of Rule 1019(g) Pa. R. C. P. 5. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 221 2nd Street, Lemoyne, Pennsylvania 17043. 6. The mortgage is in default because monthly payments of principal and interest upon s id mortgage due July 1, 2010 and each month thereafter are due and unpaid, and by the terms of said mortga e, upon default in such payments for a period of one month, the entire principal balance and all interest ue thereon are collectible forthwith. File # r 7. The following amounts are due on the mortgage: Principal Balance $ 136,218.18 Interest from June 1, 2010 through July 5, 2012 $ 11,767.19 (Plus $15.3524 per diem thereafter) Late Charges $ 109.26 Attorney's Fee $ 1,450.00 Taxes $ 6,299.68 Hazard Insurance $ 1,305.00 Property Inspections $ 465.00 Credits $ -716.11 GRAND TOTAL $ 156,898.20 I The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will collected in the event of a third party purchaser at Sheriffs sale. If thmortgage is reinstated prior to sale, reasona? and actually incurred attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applical 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiffdemands in rem Judgment against the Defendant in the sum of $156,898. together with interest at the rate of $15.3524 per diem and other costs and charges collectible under mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WVEISBERG AND CONWAY,P.C. BY: [ ] TE"R T-E J. McCABE, ESQUIRE [ ] MARC S WEISBERG, ESQUIRE [ ] EDW D. CONWAY, ESQUIRE MARG T GAIRO, ESQUIRE [ ] ANDRE L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] KEVIN T. MCQUAIL, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE Attorneys for Plaintiff Fite # VERIFICATION p;Gk Lee jco+4 hereby states thato/she is A55 ?5ic,rt V ?CePm3Je"of Bank of America, NA, servicing agent for plaintiff in this matter, that Qhhe is 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 ofoit?her knowledge, information and belief. The undersigned understands that thi; statement is made subject to the penalties of 18 Pa. C.S. Sec. 14904 relating to unsworn falsification tc authorities. By: Printed Name: E ?-, c i< t. e e S co 4 Title: A55:Stq,, v; c e P eS deg Date: ,7 y I y a?. 3 (? ? a± The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for ? e Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BC5 v. Michele Haller File # 64 60 P e6 y . s EDIT "A" ALL THAT CERTAIN tract of sand si ate in the Boxough of Lemoyne, Cumberland County, Pennsylvania, more parti laxly bounded and described as follows, to wit: BEGINNING at a point at the intersect Street and the southerly line of Peach. Alley; th Second Street, 64 feet to a point; thence in a w angles to Second Street, 40 feet to a point; the line parallel to Second Street, 64 feet to a pc Peach Alley in an easterly direction, 40 fect to a CONtAINING thereon a two-story 1 BEING known as 221 Second Street, of the westerly line of Second in a southerly direction along rly direction along line at right in a northerly direction along on Peach Alley, thence along it, the place of BEGINNING. and residence. BEIN4 TM E SAME PREMISES which John C. Marquart, by and through his -Attorney-in-Fact, Jane L. Welsh, and Jane L. Welsh, personal representatives of the Lash Will and Testament of Ruby J. Marquart, by Deed dated October 28, 2002 and recorded October 30, 2002 in the Office of the Recorder of Deeds in and for Cumberland Cou ty, Pennsylvania, in Book 254, Page 1471, ganted and conveyed unto Michele E Taller, an unmarried adult. t 1 1 3 i Michc c E. Hallcr PG 3 6-6 2 T FORM 1 The Bank of New York Mellon f/k/a the Bank of New IN THE COURT OF COMMON PLEAWF A ? York, as Trustee for the Certificateholders of CWABS, CUMBERLAND COUNTY, PENN SYI -4 Inc., Asset-Backed Certificates, Series 2005-13C5 rrnc r-- Plaintiff 0 rn vs. Civil a ? n ? A C) C) C5 Michele Haller p -. a c oi-?j Defendant _ u NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUR E DIVERSION PROGRAM You have been served with a foreclosure complaint that coul cause you to lose your home. If you own and live in the residential property which is the s bject of this foreclosure action, you be able to participate in a court-supervised conciliation conference i an effort to resolve this matter with lender. If you do not have a lawyer, you must take the following teps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this not ce, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extens on 2510 and request appointment of a legal representative at no charge to you. Once you have been appoint d a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliat Conference with the Court, which must be filed with the Court withi sixty (60) days of the service upon you the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer eligible for a conciliation conference. It is not necessary for you to appointment of a legal representative. However, you must provide yc information so that a loan resolution proposal can be prepared on yo, a financial worksheet in the format attached hereto, your lawyer will Conference with the Court, which must be filed with the Court withi the foreclosure complaint. If you do so and a conciliation conference opportunity to meet with a representative of your lender in an atteml with your lender before the mortgage foreclosure suit proceeds forty, IF YOU WISH TO SAVE YOUR HOME, YOU MUST STEPS REQUIRED BY THIS NOTICE. THIS PROGRAM IS Date nust take the following steps to be ;ontact MidPenn Legal Service for the jr lawyer with all requested financial r behalf. If you and your lawyer comph prepare and file a Request for Conciliat sixty (60) days of the service upon you is scheduled, you will have an to work out reasonable arrangements QUICKLY AND TAKE THE submitted: of Counsel for Plaintiff) T FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet' Date: Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must c4 ider your circumstances to determine possi le options while working with your Please provide the following information to the best of your knowledg : Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ? No ? Listing date: Price $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ? No ? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: # of people on household: How lon g? Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: _ Cell: Other: Email: # of people on household: How to g? First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payment Amount $ Included Taxes & Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ? No ? r ?If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $? Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ j Automobile #1: Model: Year: Amount owed: Value: Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model ,i Year: Amount owed: Value: Monthly Income Name of Employers: 1. i 3. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrowe? Pay Days: Monthly Expenses: (Please only include expenses you are currently p l ymg) EXPENSE AMOUNT EXPENS AMOUNT Mortgage Food 2°d Mortgage Utilities Car Payment(s) Condo/Ne igh. Fees Auto Insurance Med. (no covered) Auto fuel/repairs Other pro .3. payment Install. Loan Payment Cable Child Support/Alim. Spending Money Da /Child Care/Tuit. Other Exp enses Amount Available for Monthly Mortgage Payments Based on Incomes Expenses: Have you been working with a Housing Counseling Agency? Yes ? No ? If yes, please provide the following information: Counseling Agency: r Counselor: Phone (Office): Fax: Email: • Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No ? If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your Yes ? No ? If yes, please indicate the status of those negotiations: Please provide the following information, if known, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: i/We. named to use/refer this information to z evaluating my financial situation for possible mortgage options. I/We to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any sup orting documentation (hardship letter) Listing agreement (if property is currently on the market) , authorize the above lender/servicer for the sole purpose of derstand that Uwe am/are under no obiliea 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor F. i'`ri~' PR~1'k~~ i,~i, , 211 AUG 17 Ah1 9~ 1 C.~.IM~~~L~t~G i~;~JIi1Ti` ~~Pf'~5YL1~A~1A ~~~,~tp at ~u~nf,~r~~~ G ~ . ~; a.~~- ~YF~N:E!' " 1`KE SM'!7ERIFF The Bank of New York Mellon Case Number vs. Michele Haller 2012-4879 SHERIFF'S RETURN OF SERVICE 08/10/2012 03:00 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on Augus 10, 2012 at 1500 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to it: Michele Haller, by making known unto herself personally, at 221 Second Street South, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally he said true and correct copy of the same. BITNER, SHERIFF COST: $44.00 August 13, 2012 SO ANSWERS, G'~ • (s~ R ANDERSON, SHERIFF (c? %ountySuite Sheriff, Teleosofl, In:_ McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-13C5 Plaintiff V. Michele Haller Defendant tai ai. "N U h4 i ,i i 10- 6 E1,L , tO e0t1 TY I'ENNSYLVt NIA COURT OF COMMON PLEAS Cumberland County No. 12-4879 MOTION TO LIFT STAY OF PROCEEDINGS Plaintiff, The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders ofCWABS, Inc., Asset-Backed Certificates, Series 2005-BC5, hereby motions this Court to remove the captioned mortgage foreclosure action from the Cumberland County Residential Mortgage Foreclosure Program ("the Program"), and in support thereof avers as follows: This is an action in mortgage foreclosure brought by The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BC5 against Defendant. 2. This case is currently under a stay pursuant to paragraph (b) of the Cumberland County Administrative order dated February 28, 2012, which establishes the Mortgage Foreclosure Diversion Program. 3. Defendant was served with the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet on August 10, 2012. A true and correct copy of the Sheriff's return of service is attached hereto as Exhibit A. , 4. It has been more than sixty days since Defendant was served with the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Worksheet and Defendant has not elected to participate in the Program by taking the affirmative steps identified in the Notice of Residential Mortgage Foreclosure Diversion Program, and has not filed a Request for Conciliation Conference. 5. For the reasons set forth herein, the aforementioned stay of proceedings should be lifted to allow Plaintiff to proceed with the instant mortgage foreclosure action. WHEREFORE, it is respectfully requested that the Court enter an Order lifting the stay of proceedings, and for such further relief as the Court deems appropriate. MCCABE, WEISBERG & CONWAY, P.C. By: lNc Heidi R. Spivak, Esquire .? ? fYl SHERIFF'S OFFICE OF CUMBERLAND COUNTY > 7l- Ronny RAnderson Sheriff 49.???Ui at i"iau?Grr•,I??r? Jody S Smith Chief Deputy dPq^ - i } Richard W Stewart - Solicitor 0MCE OF TkE SkERIFF The Bank of New York Mellon Case Number VS. Michele Haller 2012-4879 SHERIFF'S RETURN OF SERVICE 08/10/2012 03:00 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on August 10, 2012 at 1500 hours, he served a true copy of the within Complaint in Mortgage Foreclosure and Notice of Residential Mortgage Foreclosure Diversion Program, upon the within named defendant, to wit: Michele Haller, by making known unto herself personally, at 221 Second Street South, Lemoyne, Cumberland County, Pennsylvania 17043 its contents and at the same time handing to her personally the said true and correct copy of the same. -4- P-21,14w?j RO E T BITNER, DEPUTY SHERIFF COST: $44.00 SO ANSWERS, August 13, 2012 RONW R ANDERSON, SHERIFF `{ (c) CountySuiie $Jwiff. oleosoti, Inc. McCABE, WEISBERG AND CONWAY, P.C. BY: Heidi R. Spivak, Esquire, Atty I.D. #74770 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BC5 Plaintiff V. Michele Haller Defendant Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 12-4879 CERTIFICATE OF SERVICE I, Heidi R. Spivak, Esquire, hereby certify that a true and correct copy of Plaintiff s Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28, 2012, was served on the below named person(s) by regular first class mail, postage prepaid, on October 16, 2012. Michele Haller 221 2nd Street Lemoyne, Pennsylvania 17043 Dated: / 0 l 6 _ 1 2- W 01 Heidi R. S ivak, Esquire @ /N McCABE, WEISBERG & CONWAY, P.C. 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215)790-1010 The Bank of New York Mellon f/k/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BCS Plaintiff v. Michele Haller Defendant ~~ r~s~'p,~1~z~l~r~o }~~~~sr 2~t?OC1' 23 Aty tt~ 3b CUMBERLAND CQUNT'Y PENNSYLyANiA COURT OF COMMON PLEAS Cumberland County I No. 12-4879 ORDER AND NOW, this ~3~ day of ~Sh~' 20~'~ ,upon consideration of Plaintiff's Motion to Lift the Stay of Proceedings Pursuant to Cumberland County Administrative Order dated February 28, 2012, and any opposition thereto, it is hereby ORDERED and DECREED that: The stay of proceedings is hereby lifted, and Plaintiff may proceed with it's action in mortgage foreclosure in accordance with the applicable rules of civil procedure. BY THE COURT: /~' J. / rv1 eCab ~e I,Je~s b~e~ ~ 'C.on cJa~ / ~ ; ~~~1~ Ala ll~ c~ 9~ ~ eS k~a ~ ~ P~ ~©~a.3`i a ~1~ Attorneys for Plaintiff l~he Bank of `Jew York Mellon f/k/a the Bank of New CUMBERLAND COUNTY York. as Trustee for the Certificateholders of CWABS, COURT OF COMMON PLEAS Inc., ,lsset-Racked Certiticates, Series 2005-BCS McCABE, WE:ISBERG AND CONWAY, P.C. BY: TEKIiENCF. J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERC, ESQUIRE - ID # 17616 F,DV4',ARD D. CONWAl', ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HE1D1 R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUA1L, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN "f. LaMANNA, ESQUIRE - [D # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Plaintift v. Viichele Ilaller Defendant Number 12-4879 ASSESSMENT OF' DAMAGES AND ENTRY OF JUDGMENT l?) 1~H1: PR(7"fFlONOT~IRY: Kindle enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 07/06/12 to 1 1/01!12 $ 156,898.20 $ 1,826.94 Total $ 158,725.4; ~' TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorney for Plaintiff AND NOW, this ~ day of_ ~~/'~ ~ ~ 2012, Judgment is entered in favor of Plaintiff; The Bank -t~`-`~-1F : -- -' of Ne~~ York Mellon f,'k/a the Bank of New 'C'ork, as Trustee for the Certificateholders of CW.ARS. Inc., Asset-Backed Certificates, Series 2005-BCS, and against Defendant, Michele Haller, and damages are assessed in the amount of ~ 158,725.14, plus interest and costs. ~~~ ~ (~'~~~ a~ BY E P ~O RY: ~ I' ~~ ~ ~yO ..~ w ----- ~ r11(7 ~ ~ ~ Y lQL'~ IV McCABE, WEISBERG AND CONWAY. P.C. B1': TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - IU # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 .ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUA1L, ESQUIRE; - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE. - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, 'Pennsylvania ]9109 (215) 79U-1010 The Bank of New York Mellon ti/k/a the Bank of New York. as "Il~ustee for the Certificateholders ofCWABS, lnc_. asset-Backed Certificates, Series 2005-BCS Plaintitt~ ~~. Michele llaller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT' OF COMMON PLEAS Number 12-4879 AFFIDAVIT OF NON-MILITARY SERVICE COM~(ONw"EAL"fH OF PENNSYLVANIA: SS. CC)l_'N I~Y Ot~ PHILADELPHIA: The undersigned, being duly sworn according to law, deposes and says that the Defendant, Michele Haller, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Michele Haller, is over ei~,hteen 1 G 8) years of age, and reside as follows: Michele Haller 221 2nd Street Lcnu>vne. Pen~3svlvania 17043 SWORN AND SUBSCRIBED 13Et O1 E MF TH[S .~ _ DAY 11 ~ .. . OF 4.~'~+-t ~ ~. ~. 2012 ~' NO.'I ARY PUBL[C t COMr4i71~y+`ti~~rri~~ ~~r.•.':':~••~j_•,rr;~'.. ~. NOTA~ 1.nL S~'+L ZEPIOBIA 5. MARRERO, Notary Public ~~ of Philadelphia, Phila. County ~sion Expires 1,2016 ~: r~ ~ TER NCE J. McCAB , ESQUIRE MARC S. WEISBERG, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MAR.C S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEl[)I 12. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE: - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 2( 15) 790-1010 The Bank of New York Mellon fik/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., ,~ sset-Backed Certificates, Series 200-BCS Plaintitf v. Michrle 1)allcr Defendant Attorneys for Plaintiff COURT' OF COMMON PLEAS CUMBERLAND COUNTY Number 12-4879 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT COMMONWEALTH OF PENNSYLVANIA: COUNTI' OI~ PHILADELPHIA: SS. "fhe undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and sa~~ that the last-known mailing address of the Defendant is: Michele llallcr ~~ 1 2nd Street [,emoyne, Pennsylvania 17043 SWORN ANU SUBSCRIBED BEFORE ML THIS ~ ~ DAY OFI,,~ ~'" ~ ',,~~~!~~7- X012 -. ^~O P,~RY P(IBI IC COMMOIVW_EAf_7'H OF PENNSYLVANIA NUTirniAL SEAL. ~EN46iA S. NiARRERU, Notary Public Ci~ of Ph~adslphia, Phila. County My or.!??i&~7+?i? ExFir~s Flay 1, 2016 n ~' ~~/ r 1. f _ -- -- - TERRENCE J. McCABE, ESQUIRE ,~~ MARC S. WEISBERG, ESQUIRE %~ MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRF, Attorney for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 I'23 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 191(19 (21~) ?90-1010 ~[~he Bank of ~Vew York Mellon fik/a the Bank of New York. as Trustee for the Certificateholders of CWABS, Inc.. Asset-Backed Certificates, Series 200-BCS Plaintiff Michele Haller Defendant Attorneys for Plaintiff CUMBERLAND COUNTY' COURT OF COMMON PLEAS Number 12-4879 CERTIFICATION I'he undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn accordin~~ to law, deposes and says rhat he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 27.5 of the Penns Ivania Rules of Civil Procedure. A copy of said letter is aktached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED r1 BEFORE ME TIIIS i ,-„~ DAY t) F ~ L~ '~ _;',i` „~ y ~_ - ~ 012 - - _ ~~ ~ ~ -~ N01,4RY Pl iBl_IC COMM~L7H OF PENNSIIVANIA NOTARIAL SEAL ZENOBIA S. MARRERO, Notary Public City of Philadelphia, Phila. County Commission Exprces May 1,2016 ___t -~ / % TERR NCE J. McCABE, ESQUIRE ~/ MARC S. WEISBERG, ESQUIRE MARGARET GA[RO, ESQUIRE CHRISTINE L. GRAHAM, F,SQIIIRE Attorney for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he is the Attorney for the Plaintiff in the within action, and that he is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative. who is out of jurisdiction and not available to sign this verification at this time. are true and correct to the hest of his knowledge, information and belief and further states that false statements herein are made subject to the ~~~enalties of 18 PA.C.S. X4904 relating to unsworn falsification to authorities. r , f ~` TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE MARGARET GAIRO, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRF_. Attorney for Plaintiff OFFICF. OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary October 16, 2012 "[~~: Michele Haller 221 2nd Street I,cmoyne, Perulsylvania 17043 Tile Bank of l~1ew York Mellon f%k/a the Bank of Ne~~ York., as 'T'rustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BCS Cumberland County Court of Cczmmon Pleas` Number 12-4879 ~'S. Michele I-faller NOTICE PURSUANT TO RULE 237.5 NOTICh; OF INTENTION TO FILE PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT' NOTICE YC~I ~~ !i !'~ 1 z 'At;ia~ RFCP.USE 1'OU HAVE FAILED TO EN'CER A wRl~r/'F(?J ,ahPEAt:AN{'h PFiR50NALL1' OR BY A'1'TORNEl' AND FILE IN WRITING R'ILN THE COUR"I' YOUR DEFENSES OR OBJEC"fIONS TO 'LHF. '"LA1MS SJ~"T PORTN AAGAWS`L YOU. UNLESS YOU ACT WITHIN `CL•'N (IO} DAPS FRO;tiJ "CIiE D:1TE OP `fHIS NOTICE, A IUDGMENT MAY BE ENTERED AG;41N5'C YOU WITHOIrI'A I TEARING AN6 YOGI MAY LOSE YOUR PROPERTY OR O"l'F{ER I Ml'ORTANT RJGH'GS. YOU SFIpULD TAKCi THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT NAV E A LAV,'1'ER, 00'1`0 OR'PE[.EPHONE THE OFFICE SE'T' FORTH BEt.OW. TH!S OF}`ii'_~~; CAN PROVIDE YOU WCI'H INFORMATION ABOUT llIRING A L:1',1'YER. IF YOU Cfl~ NOT AI~Fi)RD TO HIRF, A LAWYER, THIS OFFICE MAY BE ABLE "fOPKOVID!:YOU Wt"rHINFOR]ttATIONABOUTAGENCIESTLi:~TMAYOFFER ' L OAI_ SFR~-ICHJ 'Ct~ =;L[GIBLfi PERSONS .4'T" A RFDUC6:D PEE OR NO FEF.. Cumberland County Bar Association 32 South i3edf'ord Street Carlisle, Pennsylvania t?OI3 (800) 990-9108 NOTIFICACION IIVIPORTANTE ~f~% LISTED SE 6NCUENTRA EN ES"PADO DE REBELD(A POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA F'ERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO F'OR FSCRI"CO CON ESTE TKIBUNAL SUS DF,FENSAS ll OH.IECIONF,S A LOS RECLAMOS FORMULAllOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL. TRIBUNAL. PODRA, SiN NECESIDAD DE CUMYARECER LIS'T'ED EN CORTE Cl OIR PItECJBA ALGUNA, D[C1'AR SENTENCIA EN SU CONTRA Y US7'ED PODRIA PERDF.R BIENES U D'IROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE P,4PEL A SU ABOGADO INMEUI:1'PAMENTE. Sl LISTED NO 'REM: A GN ABOCADO, VA A O 'CELEFONEA LA OFICINA EXPUSO ABAJO. IrS'I'A OF1C]NA LO PUEDE hROF'ORCIONAR CON INFORIv1AC'[C~N ACERCA UE Et`4PLEAR A UN naounoo. Si LISTED NO PUEDE PROPORCIONAR PARR EMPLE:AR UN .4BOGADO, ESTA OFICINA Pl1EDE SER CAPAI_ UE I'ROPORCIONARLO CON INFORMAC(C)N ACERGADEL.4S AGENCIAS QUE PUEDENOFRECF,R 1.OS SEfLVICIOS LEGALES A PERSONAS ELLCIfB1,Ea E;N UN };ONORARIO REDUCIDO NI PJINGUN HONGRnR10. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (300)990-9108 BY: ......._..... Attorneys for Plaintiff , 'I'ERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE sl OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Michele Haller 22 ] 2nd Street Lemoyne, Pennsylvania 17043 The Bank of New York Mellon fi'k/a the Bank of New York, as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certificates, Series 2005-BCS Plaintiff v. Michele Haller Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY Na. 12-4879 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary X Judgment by Default l l ~ Vlla Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisbere and Conway P.C. at (215) 790-1010. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson rr; •-, _ Sheriff - 7 [,(� } t , til1t'tfl sat sY 9tshd Pl p(���Gw ;J r ! HE �'Sl'J i"i 1.� `�- ��*^`-E' Jody S Smith Chief Deputy ' "013 MAY °$ Aff (n: 04 Richard W Stewart 'CUMBERLAND COUNTY Solicitor PENNSYLV INIA The Bank of New York Mellon vs. Case Number Michele Haller 2012-4879 SHERIFF'S RETURN OF SERVICE 01/07/2013 01:15 PM -Deputy Dennis Fry, 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 221 Second Street South, Lemoyne Borough, Lemoyne, PA 17043, Cumberland County. 02/20/2013 Amended Affidavit pursuant to Rule 3129 filed in Sheriffs Office, 03/07/2013 Ronny R.Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Cumberlad County, on March 6, 2013 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Marc Weisberg, on behalf of The Bank of New York Mellon, f/k/a the Bank of New York, as Trustee for the Certificateholders of the CWABS, Inc.,Asset-Backed Certificates, Series 2005-BC5, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,172.81 SO ANSWERS, May 06, 2013 RON R ANDERSON, SHERIFF ` -f0p : d S­ pd C?'c,- McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 _ 215 790-1010 3'C-' °- – The Bank of New York Mellon f/k/a the Bank of New CUMBERLAND COUNTY -+ York, as Trustee for the Certifcateholders of CWABS, COURT OF COMMON PLEAS -- Inc.,Asset-Backed Certificates, Series 2005-BC5 Plaintiff NO: 12-4879 V. Michele Haller Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action,sets forth the following information concerning the real property located at:221 2nd Street,Lemoyne, Pennsylvania 17043,as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Michele E. Haller 221 2nd Street Lemoyne,Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Michele Haller 221 2nd Street Lemoyne, Pennsylvania 17043 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 Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants 221 2nd Street Lemoyne,Pennsylvania 17043 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement F.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 81h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0448 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia,PA 19106 Domestic Relations P.O.Box 320 Cumberland County Carlisle,PA 17013 United States of America c/o United States Attorney for the Middle District of PA William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Arty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice, Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 8. Name and address of Attorney of record: Name Address None 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. Section 4904 relating to unsworn falsification to authorities, r� ` ZIU� Terrence J1.McCabe,Esquire DATE [c l Edward D.Conway,Esquire ( )Andrew L.Markowitz,Esquire j ] Heidi .Spivak,Esquire ] ] Bri T.LaManna,Esquire [ ] vin T.McQuail,Esquire [ arc S.Weisberg,Esquire [ ]Margaret Gairo,Esquire [ ]Joseph F.Riga,Esquire [ ]Marisa J.Cohen,Esquire [ )Ann E.Swartz,Esquire ( ]Christine L.Graham,Esquire Attorneys for Plaintiff LEGAL DESCRIPTION RB5678 221 2nd Street,Lemoyne,Pennsylvania 17043. ALL that certain tract of land situate in the Borough of Lemoyne, Cumberland County,Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point at the intersection of the westerly line of Second Street and the Southerly line of Peach Alley; Thence in a southerly direction along Second Street sixty-four(64')feet to a point; Thence in a westerly direction along line at right angles to Second Street,forty(40')feet to a point; Thence in a northerly direction along line parallel to Second Street,sixty-four(84')feet to a point on Peach Alley; Thence along Peach Alley in an easterly direction forty(40)feet to a point,the place of Beginning. CONTAINING thereon a two story garage and residence TOGETHER with all and singular,the ways,waters,watercourses,rights,liberties,privileges,hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining,and the reversions and remainders,rents, issues and profits thereof,and all the estate,right to the same belonging or in anywise appertaining,AND ALSO all the estate,right,title, interest,property,claim and demand whatsoever,both in law and equity,of the said Party(ies) of the First Part,of,in,to or out of the said premises,and every part and parcel thereof. BEING known as: 221 Second Street,Lemoyne BEING the same premises which JOHN C.MARQUART,BY AND THROUGH HIS ATTORNEY-IN-FACT, JANE L. WELSH,AND JANE WELSH,PERSONAL REPRESENTATIVE OF THE LAST WILL AND TESTAMENT OF RUBY J.MARQUART,DECEASED by deed dated October 28,2002 and recorded October 30, 2002 in the office of the Recorder in and for Cumberland County in Deed Book 254,Page 1471,granted and conveyed to Michele Haller in fee. TAX MAP PARCEL NUMBER: 12-21-0265441 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW The Bank of New York Mellon f/k/a the Bank of New COURT OF COMMON PLEAS York,as Trustee for the Certificateholders of CWABS, Inc.,Asset-Backed Certificates, Series 2005-BC5 CUMBERLAND COUNTY V. Number 12-4879 Michele Haller NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michele Haller 221 2nd Street Lemoyne,Pennsylvania 17043 Your house(real estate)at 221 2nd Street,Lemoyne,Pennsylvania 17043 is scheduled to be sold at Sheriff's Sale on March 6,2013 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square,Carlisle,Pennsylvania 17013 to enforce the court judgment of$158,725.14 obtained by The Bank of New York Mellon fVa the Bank of New York,as Trustee for the Certificateholders of CWABS,Inc.,Asset-Backed Certificates, Series 2005-BC5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to The Bank of New York Mellon f/k/a the Bank of New York,as Trustee for the Certificateholders of CWABS,Inc.,Asset-Backed Certificates, Series 2005-BC5 the back payments,late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215) 790-1010. 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 the following notice 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 McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 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 on the sale. To find out if this has happened,you may call McCabe,Weisberg and Conway,P.C.at(215)790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION r , RB5678 221 2nd Street,Lemoyne,Pennsylvania 17043. ALL that certain tract of land situate in the Borough of Lemoyne,Cumberland County,Commonwealth of Pennsylvania,more particularly bounded and described as follows,to wit: BEGINNING at a point at the intersection of the westerly line of Second Street and the Southerly line of Peach Alley; Thence in a southerly direction along Second Street sixty-four(64')feet to a point; Thence in a westerly direction along line at right angles to Second Street,forty(40')feet to a point; Thence in a northerly direction along line parallel to Second Street,sixty-four(84')feet to a point on Peach Alley; Thence along Peach Alley in an easterly direction forty(40')feet to a point,the place of Beginning. CONTAINING thereon a two story garage and residence TOGETHER with all and singular,the ways,waters,watercourses,rights,liberties,privileges,hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining,and the reversions and remainders,rents, issues and profits thereof,and all the estate,right to the same belonging or in anywise appertaining,AND ALSO all the estate,right,title,interest,property, claim and demand whatsoever,both in law and equity,of the said Party(ies) of the First Part,of, in,to or out of the said premises,and every part and parcel thereof. BEING known as: 221 Second Street, Lemoyne BEING the same premises which JOHN C.MARQUART,BY AND THROUGH HIS ATTORNEY-IN-FACT, JANE L. WELSH,AND JANE WELSH,PERSONAL REPRESENTATIVE OF THE LAST WILL AND TESTAMENT OF RUBY J.MARQUART,DECEASED by deed dated October 28,2002 and recorded October 30, 2002 in the office of the Recorder in and for Cumberland County in Deed Book 254,Page 1471,granted and conveyed to Michele Haller in fee. TAX MAP PARCEL NUMBER: 12-21-0265441 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 12-4879 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK,AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS,INC., ASSET-BACKED CERTIFICATES,SERIES 2005-BC5 Plaintiff(s) From MICHELLE HALLER (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 gamishee(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: $158,725.14 L.L.: $.50 Interest FROM 11/2/12 TO 316113-$3,261.25 AT$26.09 Atty's Comm: Due Prothy: $2.25 Atty Paid: $195.25 Other Costs: Plaintiff Paid: Date: 11/19/12 Davi Buell,Prothonot (Seal) By: . Deputy REQUESTING PARTY: Name: MARC S.WEISBERG,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY 123 S. BROAD STREET,SUITE 2080 PHILADELPHIA,PA 19109 TRUE Cr1r" —_,,: ,J =_CORD In Testimony W ;ere unto set my hand Attorney for: PLAINTIFF and the sea ut :&, Court at Carlisle,Pa. Telephone: 215-790-1010 This ay of_N_,20 191 P o onotary Supreme Court ID No. 16496 � �. L On December 13, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Lemoyne Borough, Cumberland County, PA, Known and numbered as, 2212 nd Street, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 13, 2012 By: Re Estate Coordinator L 0 :01 v I Z t�G�d 1101 i 7 he Patriot-News Co. 2020 Technology Pkwy t4e atr1*otwXews 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 a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 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: 2012-4M ct@ 01/22/13 The Bank of New Yoflt TO.on 01/29/13 How' M 02/05/13 RB5678r 221 2nd Street, Lemoyne, Pennsylvania"� of land situate in . . . . . . . . . . . . . . . . . . ALL that certain the Borough of oyne Cumberland County, comet of Pennsylvania, Sworn to and subscribed before me is 14 day of February A.D. more particularly bounded and described as follows,to wit ` BEGINNING at a point at the intersection of the veswly line of Second Street and LA\CkA a, q "In I the Southerly line'of Peach Alley;Thence blic in a southerly direction along Second Street sixty-four(64')feet to a point;Thence in a westerly direction along line at right angles to Second Street,forty(40')feet to a point; COMMONWEALTH OF PENNSYLVANIA Thence in a northerly direction along line Notarlai Seai parallel to Second Street,sixty-four(84') Holly Lynn Warfel,Notary Public feet to a point on Peach Alley,Thence along WashingtonTWp.,Dauphin County Peach Alley in an easterly direction.forty My Commission Fm Arm Der.12,2016 (40)feet to a point,the place of Beguming. MEMBER PENNSYLVANIA ASSOCIATION OF NOTARIES CONTAtNING thereon a two story garage and residence _ TOGETHER coif/►" x V a'na singulu> the ways waters, watercourses, rights, liberties p"egm hereditaments and appurtenances whatsom, thereunto belonging or in an r,a�&wsu d the reversions and remainders I and profits thereof, and all the estate, right to the same belonging Or in any appertaining,AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever,both inlaw and equity, of the said Party(ies)of the First Part,of,in; to or out of the said premises,and every Part and parcel thereof. BEING known as: 221 Second Street, Lemoyne. BEING the same premises which JOHN.C. MARQUART,BY AND THROUGH HIS ATTORNEY-IN.FACJ LANE L EISK AND JANE WELSO. THE LAST ALA ATESTAMENT OF RUBY J: MARQUART,DECIEASED,by deed dated October 28, 2002 and recorded October 30,2002 in the office of n el3oIn ag for Cumberland County ed to 254,Page 1471,granted anft convey Michele Haller in fee.,^s;mceedt CUMBERLAND LAW JOURNAL Writ No. 2012-4879 Civil BEING the same premises which JOHN C. MARQUART, BY AND The Bank of New York Mellon THROUGH HIS ATTORNEY-IN- vs. FACT, JANE L. WELSH,AND JANE Michele Haller WELSH,PERSONAL REPRESENTA- TIVE OF THE LAST WILL AND TES- Atty.: Marc S.Weisberg TAMENT OF RUBY J. MARQUART, RB5678 221 2nd Street,Lemoyne, DECEASED by deed dated October Pennsylvania 17043. 28, 2002 and recorded October 30, ALL that certain tract of land 2002 in the office of the Recorder in situate in the Borough of Lemoyne, and for Cumberland County in Deed Cumberland County,Commonwealth Book 254, Page 1471, granted and of Pennsylvania, more particularly conveyed to Michele Haller in fee. bounded and described as follows, TAX MAP PARCEL NUMBER: 12- to wit 21-0265441. BEGINNING at a point at the intersection of the westerly line of Second Street and the Southerly line of Peach Alley; Thence in a southerly direction along Second Street sixty-four (641 feet to a point; Thence in a westerly direction along line at right angles to Second Street,forty(401 feet to a point; Thence in a northerly direction along line parallel to Second Street, sixty-four (84') feet to a point on Peach Alley; Thence along Peach Alley in an easterly direction forty(401 feet to a point,the place of Beginning. CONTAINING thereon a two story garage and residence. TOGETHER with all and singu- lar, the ways, waters, watercourses, rights, liberties, privileges, heredita- ments and appurtenances whatsoev- er thereunto belonging or in anywise appertaining,and the reversions and remainders,rents,issues and profits thereof, and all the estate, right to the same belonging or in anywise ap- pertaining,AND ALSO all the estate, right, title, interest, property, claim and demand whatsoever,both in law and equity, of the said Party(ies)of the First Part, of,in, to or out of the said premises, and every part and parcel thereof. BEING known as: 221 Second Street, Lemoyne. 59 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: January 25, February 1, and February 8, 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. L sa Marie Coyne, Aditor SWORN TO AND SUBSCRIBED before me this 8 da y of Februaz 2013 C-2��; Notaryv NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 26,2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: 1, Robert P. Ziegler,Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of New York Mellon f/k/a Bank of New York as Trustee for the Certificateholders of the CWABS Inc. Asset-Backed Certificates Series 2005-13C5 is the grantee the same having been sold to said grantee on the 6th day of March A.D., 2013, under and by virtue of a writ Execution issued on the 19th day of October,A.D., 2012,out of the Court of Common Pleas of said County as of Civil Term,2012 Number 4879, at the suit of Bank of New York Mellon f/k/a the Bank of New York as Trustee for the Certificateholders of CWABS Inc. Asset-Backed Certificates Series 2005- BC5 against Michele Haller is duly recorded as Instrument Number 201315013. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this IF day of A.D. o7 eQk !' ecorder of Deeds RecorBw Of Cm ft Cari 1k PA My Commission r�the Fast Monday of Jan.2D14