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HomeMy WebLinkAbout05-2943 PHELAN HALLINAN & SCHMIEG, LLP LA WRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHlLADELPHIA,PA 19]03 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff TERM v. C-, U~ CI€J<.~ CUMBERLAND COUNTY NO. 0 5' -o29~ MICHAEL S. BEHMAN CHRISTINE A. BEHMAN 210 WEST MARBLE MECHANICSBURG, PAl 7055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 P MER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PAl 70 I3 (800)990-9108 File #: 117462 File #: 1 J 7462 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, IS U.S.c. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL S. BEHMAN CHRISTINE A. BEHMAN 2 lOWEST MARBLE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/16/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1692, Page: 414. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 117462 6. The following amounts are due on the mortgage: Principal Balance Interest 12/0 I /2004 through 06/08/2005 (Per Diem $24.68) Attorney's Fees Cumulative Late Charges 04/1 6/200 I to 06/08/2005 Cost of Suit and Title Search Subtotal $1] 8,479.96 4,68920 ] ,250.00 213.65 $ 550.00 $ 125,182.81 Escrow Credit Deficit Subtotal 0.00 528.76 $ 528.76 TOTAL $ ]25,711.57 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale. reasonable attorney's fees will be charged. 8. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 125,711.57, together with interest from 06/08/2005 at the rate of $24.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ALLINAN & SC~'I~;LLP . ~S- ~//( By: IslFrancis S. Hallinan AWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 117462 ., -- LEGAL DESCRIPTION ALL THA T CERTAIN lot of ground situate on the North side of West Marble Street in the 5th Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the South by West Marble Street; on the West by land now or fonnerly of Orville V. Lehmer and Eleanor F. Lehmer, his wife; On the North by a proposed alley; and on the East by Hummel Alley; having a frontage of 50 feet on said Marble Street, and extending of the same width, 1 50 feet northward to said proposed alley, HA VING THEREON ERECTED a one and one-half (1-112) story frame dwelling house known and numbered as 210 W. Marble Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which William H. Thomas and Elt1eda C. Thomas, his wife, by Deed dated May 25, 1990 and recorded May 31, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania. in Deed Book P, Volume 34, Page 31, granted and conveyed unto Peter F. Mack and Sharon L. Mack. his wife, Grantors herein. Being No. 210 West Marble Street File #: 117462 YERIFICATIOlY CRAIG ANDERsON h=by""" lli" "",,, i, VICE PRESIDENT of COUNrnVWlDE HOME LOANS, !Ne. mort",go """'i"" "',,' fo< P i.,tiff in thi, m""". "'" "" "" i, ''''mri"" " "', !hi, V'rifi,,"oo, "'" "'" lli, .'''m,," m"" i, "'" foregol"" C "il A "'00 i, Mort"", Fore,lo,= '" '"" eo, '<>mct '" "'" bo" of hi_ ,""wi"'go, lofo,,","oo "'" "li'f Tho """"""'''' """'""""', th"thl, _moo, j, mOO, rubjoct '""'" P''''m"" of f8 P. C.S. Soc. 4904 relating to unsworn falsification to authorities. ..------ '~.d/ --. . DATE: ~/1;/-,) I CRAIG ANDERSON, VICE PRESIDENT -1') (J r't- ~ - ~ ~ .c ( iQ. lrt V't lrt .<:\) OJ-cJ ~ P- ~~ -r n C. :r"" d~ ;-'E~ "'=-)-, ~h -( j> (~:~ ~ ~ ....., = = en <- c.::.: ;:,r.: I '" ". ::J: C;? <II 01 ~ ~:n m,- :B~ I? C) ':';-," ~::d ':"~ 75 ~'--I 2> :Q - PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney lor Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-R1 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION J.HJ NO. 05-llWS v. MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor ofthe Plaintiff and against MICHAEL S. BEHMAN and CHRISTINE A. BEHMAN, 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 Plaintiff's damages as follows: As set forth in Complaint Interest from 6/9/05 to 7/26/05 TOTAL $125,711.57 $1,184.64 $126,896.21 I hereby certify that (I) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. I, copy attached. ~/XAA -.$.-1 DANIEL G. SCHMIEG, E UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: l~"p'1 <19, :lM:J( (I ~>h-f,~ ;? jJ~ PRO PROTHY y-:- t p ~ ;? -, -+: ~ \ <:- -r. <- '" \u <:> - ..... " .. - -,0 d ...:, , ~ ~ 0 V, '1"~ '" &:>~ ..f1 ~, J~ " ~ f~) . ~r -4: u.. () ~-\1 ...J. :S<\ i~';' (n:;,:::" \......,) -::C'l\~.j o...;? r-' o c? ~:- ~l ~- -- o o PHELAN, HALLINAN AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (? 1 '\) '\<\~-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY MICHAEL S. BEHMAN CHRISTINE A BEHMAN Defendants : NO. 05-2943 TO: MICHAEL S. BEHMAN 210 WEST MARBLE MECHANICSBURG,PA 17055 DATE OF NOTICE: .JTTT,V 12. 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSEJF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOu. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE IF YOU DO NOT HAVE A LAWYER. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WIlli INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S, HALLINAN. ESQUIRE Attorneys for Plaintiff ,.,':'-^:r'1 ,. hJ 0" .,' .J ,,1 ' ~ I c-, -,....,.... rq'~'" 06 I;;; :J.lJUt. ..1,-\ ........' ~ -~ PHELAN, HALLINAN AND SCHMIEG By: Francis S. Hallinan, Esq., Id. No. 62695 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (21 'i) %1-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CML DIVISION Vs. : CUMBERLAND COUNTY MICHAEL S. BEHMAN CHRISTINE A BEHMAN Defendants : NO. 05-2943 TO: CHRISTINE A. BEHMAN 210 WEST MARBLE MECHANICSBURG, P A 17055 DATE OF NOTICE: .mT.V 12, 2005 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE-IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT. BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Anorneys for Plaintiff 00 :li 52 ~DGZ :!:~11 jQ '. ~ \ - ----- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TE HOLDERS OF CWMBS 2004-Rl 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-2'43 MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge ofthe 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 Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL S. BEHMAN is over 18 years of age and resides at , 210 WEST MARBLE STREET, MECHANICSBURG, PA 17055. (c) that defendant CHRISTINE A. BEHMAN is over 18 years of age, and resides at, 210 WEST MARBLE STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. fr~ JJ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff ':.\!flJ OJ: II h./ \'->0,.1 Q1D] ,,",j;;.... - (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-:~q'l3 MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on --4-'''1 oi!.4 2006'. . By: Qf5,'UTP' ~O/~ If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BL YD., SUITE 1400 PHILADELPHIA. PA 19103-1814 (2 15) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVlOUSL Y RECEIVED A DISCHARGE [N BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED. THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-R1 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHAEL S. BEHMAN CHRISTINE A. BEHMAN NO. 05-2743 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 9] because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. c.S. Section 4904 relating to unsworn falsification to authorities. fJ~ JI J DANIEL G. SCHMIEG, ES DIRE Attorney for Plaintiff )rO, s_~ O' c._~ (,::. '"- ,,) ...:':J C") C,:; (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl Plaintiff, v. No. 05-2943 MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $126,896.21 , Interest from 7126/05 to DECEMBER 7, 2005 (per diem -$20.86) $2,795.24 and Costs TOTAL $129,691.45 1T~ -1! ~ DANIEL G. SCHMIEG, ES UIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property-No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. , .J. Vl Vl ~ -..( VlVl ~ 00 " C3 r- r- ~ M' - - X << - ll.ll. . .3 IV) ~ ... '" 1 gg g 11 ... ~ :r- " ;::l;::l -.> .,. "- '58.%0 == ~ ~ rnrn . J <> uu ~ ~ " \. :).. "" '""l 0--: ,. o:g ~~ ........"'" .t') '" . , ") ~ "6 "'...: "" :;J:iC:: ... uu ...~ """" ~~ :;:; o~ 0:; Z ,.;,.; en> ...~ 0 """" <..J - ... ~~ "":-- ""u ;::l ..Jen ""... ZZ U ...... ll.z 1;;0 << ,,"'-' rnrn -d Zz ~~ ~ ~ """" <U 0,," :;:; "" = ..J..J r: ~ll. :;J:iC:: <U ..."" ... ~ <= ~~ '" ~ . enQ """" o<l .~ <U 0:-- <..J- == ... ~ c;:: .n u~ ~o~ .; 00< ~~ >> ;~ '4~ oj ...;::l :;J:i'" > ..J"" ...... E 0 ~~ 00 0,,"0 ~~ >> enrn '" ...u :--..."" ~~ ~~ """" ~ ~Q ~< :;J:i1;; ot: ~~ ~ ;::l~ ,,"8 8; ... => ~ 0- 1~ 00 <U Z'" ""6- - - ... 8i:2 ~c:: .... .... <U - ll. ..c:: ...... U - :s: """" o~ u '" c::= ~"" ~ ~ '" .;,j <U ...~ ~~ ... ~ '" Z;::l ~ -u =:;J:i ll. ~ ... Lcal OeKrlDtion: lA' tho"",,, ollll1tlttNl'el THE LAND REFERRED TO IN 11115 COMMITMENT IS D1,SC!UOf,O AS fOl.LOWS: ALL TIlA T CEIlTA'N \.oT OF GROUND SITUA TE ON THE NORTH SIDE OF WEST MARBLE STREET IN THE 'lml WARD OF TIn: DOROWH OF MECltllNlC$BURG. COUNTY OF CUMBERLAND AND ~-rATE OF PF,N~SVLV ANIA. BOUNDED AND DESCRIBED A.S J.'ou...ows, TO wn: BOUNDED ON THE SOlJm BY WEST MARBLE STREfi:T1 ON THE WEST BY ....ND NOW Oil FOIlMEIlLY OF ORVIu..E V, l.EtlMER MU> ELXANOJl F. LEUME~HISWIFE; OHTHE NORTfI8Y'" PROPOSED ,tU..f.V; AND O~ THE EAST BY HUIIlMEL AI-LIlY, lWI,t<<; A FRON"TAGE OF S<l FEET 0l'I SAID MARBLE STREET. AND EXTENDING OF'THESAME WIDTH 151 FEET NORTUWARD-TO S,,'O PROPOSED AUEV. HAVING THE-REON ERECTED ^ ONE AND ONF...flALF STORY FRAME DWELLING HOUSE, NO. lit WEST MA.RRU STREET, MECH"NICSaURG. PENNSYLVANIA.. Vcstln!!' Iftrormlltiol!l': \ Vn[e'4 by; Special Warranl)' Deed d'ttd 4flfVOl ,giv(1l by ,ecu F.. Mac"'liloG ShaN. L, l\fla(ll.. 1\13o.."....1f\0 ~1kb"d S. Behman and C1irbtill~ 1\. l.lchm.... hit witt- r<<atde:d 4ft""f in 9o)(!k: ).41 Pfl8t .000 PREMISES BEING: 210 WEST MARBLE, MECHANICSBURG, PA 17055 / " ?; ",:') ~1 <..._~ r:~ --; r',.) '..f> o " --t ..'1: F,l '- c. C~) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl Plaintiff(s) From MICHAEL S BEHMAN CHRISTINE A BEHMAN 210 WEST MARBLE STREET, N005-2943 Civil CIVIL ACTION - LAW MECHANICSBURG, P A (I) You are directed to levy upon the property ofthe defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$126,896.21 LL$ 0.50 Interest FROM 7/26/05 TO 12/07/05 (PER DlEM- $20.86) $2,795.24 Atty's Corum % Due Prothy $1.00 Atty Paid $ 133.40 Plaintiff Paid Date: JULY 29, 2005 Other Costs (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQURIE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD SillTE 1400 PHILADELPIDA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL S. BEHMAN CHRISTINE A. BEHMAN NO. 05-2'143 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,210 WEST MARBLE STREET, MECHANICSBURG, PA 17055. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES C. COSTOPOULOS 860 EASY ROAD CARLISLE, P A 17013 2415 FORSTER St HARRISBURG, PA 17103 JAMES C. COSTOPOULOS 4. Name and address oflast recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None s. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. July 26.2005 DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTlFICA TE HOLDERS OF CWMBS 2004-Rl Plaintiff, CUMBERLAND COUNTY No. 05-2943 v. MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendant(s). July 26, 2005 TO: MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A TTEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THATPURPOSE IF YOU HAVE PREVIOUSLY RECElVEDA DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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, 210 WEST MARBLE STREET, MECHANICS BURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 7, 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $126,896.21 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.RC.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open t) 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. I. Ifthe Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (2 15) 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 u:ut ~s(:rh)tlfll\~ fAI slut"". flirt Mort,..e) THE !.AND REFERREO TO IN 11iIS COMMITMENT IS D~SClUllW AS fOllOWS: All THAT CEnTAIN LOT OF GROUND SITUATE ON THE NOnnl SIDE OF WEST "AnBLE STREET IN THE flFTU WAnD OF nlE BOnOUGH OF MEClIANICSBUnG, CQUNTY OF CUM6ERLANI> ASI> STATE UF P'f.N~SYLVANIA. BOUNDED AND DESCRIBED AS J;'Ou..ows. TO WIT: HOUNDED ON THE. SOUTU PY WEST MARPl.E STA:EET; ON THE. WEST BY l,.AND NOW OR FORMERLY Ot' OftVIt,.U v. !.ERMER AND tLEANOR F. LIHMEtl,. HIS 'WIfE: ON THE NORTII BV A PROPOSED Al.l.f.~; AXD 0..... TilE EAST IIY llU/ltMEL ALU>y; HAVISG A FRONTAGE OF 50 fEET 01'1 SAID "'ARBLE STREET, AND E)(;1'ENmNG OF mE SAME WJDTHl51 FEiT NORTHWARD TO SA'D PROPOSED ALLt,", HAVING THEREON ElttcT~D A ONi MiO ONE-HAl.F STORY FRAME DWE-UING HOUS~ NO. 111 WEST MA'UJl"E STREET. MfC"AN1CSBVRG. PENNSYLV ANtA.. Van,,! Ibformal)o,,: Vtsted by.: SptttaIW,rru.t)' l>tcd dllted .ulfJOl . giveR by P'~ltr f. Macli. aooSt".ulIl... ~bdl. hI) l'l'ifr to Mkbtl s. Rtbman :lnd Oubt...t A. 8<tlaul1\. bi, wU~ rtMtdw ..,.8.<lf I:f) Book: 141 Ptl~t 1000 PREMISES BEING: 210 WEST MARBLE, MECHANICSBURG, P A 17055 c c- ~?~ ~..:,...) .;J1 o """n f'.) \.D c:) CJ - '. BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl Plaintiff, v. No.05-i!84il .:J.9L{ 3 MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $126,896.21 Interest from 7/26/05 to JUNE 7, 2006 (per diem -$20.86) $6,591.76 and Costs TOTAL $ 133,487 .97 ATTORNEY FEES & COSTS $3,982.00 ~<",,~l Ji J~. DANIEL G. SCHMIEG, ES One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. lr,lr, lr,lr, ~~ .... .... << ~~ rSc5 ~~ ;:;l;:;l == "'''' uu ..... ..... ~~ == uu r..lr..l :o~ ,.;,.; r..;:$ '" Z ...r..l ~= 0 ~~ o~ 0::; ..... ... ...... "'> r..~ ;:;l "'''' 15 <.... r..lu ~~ U "';j i:: ...;... "'r.. ~~ 4~ (]) ....", ~o ....~ en ~z ... = ~ .8 (]) Zz ~~ ::;= '" ~::; .D r.. 0 " >, Or..l ...... =... 0-':: ,P:: " ::;~ ...= ... -~~ E "'~.... ... .. ::; . = . pa~ ...... ~ O~ <....~ ~ .< "'''' ~O , '" ~~ ~~ (]) uz =~ ....~ ~~ , ~ g. r..;:;l ~~ 0.. 00 0...0 ~f:: 'jt 00 ~ ><...... 01:: .... .... ...u ='" r.. 0 :" ~ ... ... (]) ~~ ~~ Upa r..l6 ~ r..lS; ~= ~ ;,; ..... en 8sa Z..... U u (]) r..t: -i:i ... ~ "tl 0... (]) "tl --d ~r..l - ~ .~ ...= ~U ~ Z::; ~... ~ .....;:;l == U ... 11 ',-".? -+ -. '<:1 C~',' 3 -ff~ C) a r.rz ';; - J - - ~ - ~ - - - 1) \'.1 :d i ~ ~ --; - ~ - ~ -F t=: () - - - - ." - ::J" t- ~ I.L C} (1-=10 J c: M ~ I I I ~ () <l .:::z-.. ...... () ~ 0 a ::J \) ---1 0 lij () () () (j ~ 1\ j In IJ) -..9 lJ) Ct- <J -:::,L i;::"'l ~ 0- Vj V) r:::.:!. (1! ...... 1:0 ...... ::r -- -- 't+ /~. , '0 Uftl DeKrfDtron: lA. IhOWfll Olll "",Orlofel THE t....NI> REFERRED TO IN 11115 COMMITMEI'iT IS Dl'SOUUED AS roUOWS: ALL THAT CERTAIN LOT Of GROUND SITUATE. ON Tfl[ NORm Stilt: Of' WEST MAn OLE STREET IN THE f'1'nlf WARD Of' 11iE BOROUGH OF MECU"N1CSBUkG. COUNTY <.W CUMDER.UJoiO ,",NO stAl'E OF PENNSVL.VANIA. 80LlNDW AND DESCRIBED AS FOu..oWS. TO wm BOUNDEO ON THF- SOUTH 8Y WEST MAR8tE sntEET; ON TlfE WEST 8Y LAND NOW Ok ffiRMt:RL't' Of ORVU..U:: v. t.t;flMERAfI(O E~OR. F. UllMER,. HIS WIFE. ON mE NORTH s\:o A PROPOSe.U Al,t.f.V; .AND ON THE EAsT 8Y HOMMEl. At.A.J!t; (fAVtNG A fRON'TACE OF' so FEET ON SAlO MARBLE STRf'...E.:T. AND EXiENIHNG OF mE SAME WIOtH 151 fEET NORTUWAR,O TQ SAID P1l0POst::D ALL E\'. HAVING THERE0t4 ERECTeD ^ ONE AND ON[.fMl..F STORY fllAME DWtLLlNG HOUSE. NO. 11' WEST MARRLi STREcr, MECKANICSBURG. P'EIIl1'{SYLVANIA. Y<<"~1! IIdormatioll: V'tSled by: SpttitlWal"r8.Q1y Oec:d d<1ted4ff&01 . given by teet( f. Mack add Sbro. L.1\tlJClI..hi, ",,:;'1, {O Mkb.ul~. ~hma" .ftd Clirltdttt; A. Iktlct\u., bot, -wHt: KC:MJtd 4/t8,iOJ in Book 1--4':1: Paet 1000 PREMISES BEING: 210 WEST MARBLE, MECHANICS BURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2943 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl, Plaintiff (s) From MICHAEL S. BEHMAN AND CHRISTINE A. BEHMAN (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the 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) Ifproperty 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 $126,896.21 LL Interest FROM 7/26105 TO 617106 (PER DIEM - $20.86) - $6,591. 76 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $145.90 Other Costs ATTORNEY FEES & COSTS- $3,982.00 Plaintiff Paid Date: JANUARY 10, 2006 ,1!""":!5!t; (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court lD No. 62205 PHELAN HALLINAN AND SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION MICHAEL S. BEHMAN CHRISTINE A. BEHMAN NO. 05-ill4S ~9<{] Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: (X) an FHA mortgage () non-owner occupied () vacant o Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. :~ I~ ,1 c:; t.>'. - ~--- .. BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-R1 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL S. BEHMAN CHRISTINE A. BEHMAN NO. 05-~3 ;;l.q'lJ Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-R1, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .210 WEST MARBLE STREET. MECHANICSBURG. PA 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES C. COSTOPOULOS 860 EASY ROAD CARLISLE, PA 17013 JAMESC,COSTOPOULOS 2415 FORSTER ST HARRISBURG, PA 17103 . .. 4. Name and address oflast recorded holder of every mortgage ofrecord: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG w STRAWBERRY & NORTH MARKET STREETS MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 210 WEST MARBLE STREET MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 9.2006 DATE +fv~,JLJ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff C) -n :~ i-c" C::) --,. ,:; cr. .< ." f BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-R1 Plaintiff, CUMBERLAND COUNTY No.05~:lq46 v. MICHAELS.BE~ CHRISTINE A. BEHMAN Defendant(s). January 9,2006 TO: MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR A 1TEMPTING TO COLLECT A DEBT AND ANY INFORMA TION OBTAINED WILL BE USED FOR THAT PURPOSE IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN A1TEMPTTO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 210 WEST MARBLE STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff's Sale on JUNE 7,2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $126,896.21 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-R1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.RC.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 cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may cal\: (215) 563-7000. 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 win 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. \. 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 cornpared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriffthe full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution ofthe money bid for your house will be filed by the Sheriff within 30 days ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 .. , Ltnt ~,.iDt!gft~ lAI sha.... Oft Mortn.~l THE LAND REFERRED TO IN TlllS COMMITMENT IS D\lSalIIlED AS rou.oWS: A~~ TaAT CERTAIN /.O'f Of GROUND SITUATE ON THE NORm StDE Of WtsT MARIIU STREET I,' THE flITlt WAR\) Of nlE DOROIIGR Of MECllANICS8URG. COUNTY Of' CUMBERU.l'ln "ND S"f"n Of PENI"ISYLV ANIA,. 80UNnm AND I)~SC1URED AS FOLLOWS. TO WIT: IlOUNDED ON THE SOUTlI IIY WEST ~IARIIU S11lE€T. ON TilE WEST IIY U"O NOW OR FORMERLY Of QRVIl.l.t V, L'EHMER ANO JU..UNOR. F. LEIIME"4 HIS WIFE: ON ntE NORTf( BY A PROPOSED Al.LEY; AJ'IID ON THE EAST BY HUMMEL AI.1.ETl flAVING A fRONTAGE Of 5ll FEET OH SAID MARBLE STRUT. A"O [)(Tt!NOING OF THE SAME WIDTH 1st FEU J<<)RTtlWARD TO SAr.fP PROPOsED ALLEV+ HAVING THEREON ERECT&P ^ ONE ^NO ONf:-liM..F ST01\Y F1lAMit OWELLING HOUSE, NO. 110 WEST MARRLE ST5\EI:'T. MECHAN'CSBURG. PENNSYLVANIA. VnliJti! l.llfOrmlltioll; Vdte6 by.: Spttill Warraa1y btcd' d;ared 41lfii'Ol ~tl~l1by ttlU f. Mtdt.lIb1:1' ShUOII L.l\bck. bls "i1f~-o Mkb.ad S. ~hman and ClIrtttllit A. 8d"n... .hi$ ",sr. ~td 4/"iOJ in Book: ~J Ptie '000 PREMISES BEING: 210 WEST MARBLE, MECHANICSBURG, PA 17055 c_ .-, ;~~\ .-\ ~l.'_ ;n ,;) .- U'" ....--------------- Bank of New York, as Trustee for the The Court ofComffion Pleas of Certificate Holders 0 fCWMBS 2004-RI Cumberland County, Pennsylvania VS Writ No. 2005-2943 Civil Term Michael S. Behman and Christine A. Behman Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2005 at 2:52 o'clock PM, she served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michael S. Behman and Christine A. Behman, by making known unto Christine Behman, personally and wife of Michael Behman, at 210 West Marble Street, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Douglas Ruzanski, Deputy Sheriff, who being duly sworn according to law, states that on October 13,2005 at 11 :55 o'clock A.M., he posted a true copy ofthe within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael S. Behman and Christine A. Behman located at 210 West Marble Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Michael S. Behman and Christine A. Behman, by regular mail to their last known address of210 West Marble Street, Mechanicsburg, PA 17055. These letters were mailed under the date of October 06, 2005 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Mileage Certified Mail Levy Surcharge 30.00 15.21 15.00 15.00 .50 1.00 28.80 2.33 15.00 30.00 Postage Law Journal Patriot News Share of Bills UI 323.00 277.94 20.89 $775.78 2005, A.D. S~~ ~ ~?~..(' Swom and subscribed to before me R. Thomas Kline, Sheriff t i (0 i' e}L tJ 5,}:)(; t -# ;-;;;03/ r I I . BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERI"AND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL S. BEHMAN CHRISTINE A. BEHMAN NO, OS-24j.43 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. I) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI, Plaintiffin the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,210 WEST MARBLE STREET. MECHANICS BURG. PA 17055. I. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICS BURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES C. COSTOPOULOS 860 EASY ROAD CARLISLE, PA 17013 JAMES C. COSTOPOULOS 2415 FORSTER St HARRISBURG, PA 17103 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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 ofl8 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. July 26, 2005 DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ZC~J i.,..J --- - BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl Plaintiff, CUMBERLAND COUNTY No. 05-29'13 v. MICHAEL S. REHMAN CHRISTINE A. BEHMAN Defendant(s). July 26, 2005 TO: MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 **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 PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, 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 . 210 WEST MARBLE STREET. MECHANICSBURG, P A 17055. is scheduled to be sold at the Sheriffs Sale on DECEMBER 7. 2005 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $126.896.21 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.KC.P., Rule 31293. 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: L The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, ifthe 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 ifthe 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7 . You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 Ulud DescrIDth>n: (Ai' ~h"""1I /)n M~rt?u~l THE LAND REFERRFJ) TO IN TIllS COMMITMENT IS Df:SQUBW A5 roJJ.OWS: ALL TIlAT CERTAIN 1.01' Of GROUND SITUATE ON THI NORlll SlDt Of WtsT MAlUlLt sTRInlN THE fifTH WARD Of TIlE BORQUGII OF MECllANJCSBURG, COUNTY OF CUMBERLAND AND STATE OF PE-NNSYLVANIA, BOUNDED AND DESCRIBED AS }'OL..LOWs, TO Wm roUNDED ON T~R SOUTU PY WEST MARBLE STREr::T; ON TJit WE.,li)T BY U~O NOW OR F{)RMERL..Y Of ORYU..U v. l.EnMER AND Eu:ANOh. F. UnME-~ HIS WIfE; ON THE NORTH BY A .f"ROfOSItO At.l..f.Y; "ND O~ TilE UST BY HuMMEL ALLEY; HAYING A FRON1'AGE OF 18 fEET ON SAID MARBLE STRf-f.T. AND [X'lENDlNG OF mE SAME wmTH 151 FiE[T NORTHWARD TO S.\ID PP:OroSI:D ALU;:V. HAVING THEREON ERECTED ^ ONE: AoNO QN[.HA1..F STORY FR.AME I>WtLUNG "OUS~ tlo. 1.'0 WEST MARBLE STRt;J:r, MECHANlCSBURG,PEh1'l'SYLYANIA.. Ve:stinl! Infi)rmllt~Q; \(w:sled by: Spttlr.I'Warranty Dtcd dated 4f16r'01 .givOJ by Pelet F. Mack 1100 Sbn{).. L. M1JItk. his ."it,. to "'lkh.a-eI S. &hman and Chi'llHhll: A. BdUfI_J\. his ",Ue ~d ..,18l(lf m J)O<lk; U.1 hg* .000 PREMISES BEING: 210 WEST MARBLE, MECHANICSBURG, P A 17055 WRlT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N005-2943 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl Plaintiff (8) From MICHAEL S BEHMAN CHRlSTINE A BEHMAN 210 WEST MARBLE STREET, MECHANICSBURG, P A (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION (2) (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) Ifproperty 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$126,896.21 L.L.$ 0.50 Interest FROM 7/26/05 TO 12/07/05 (PER DlEM- $20.86) $2,795.24 Atty's Comm % Due Prothy $1.00 Atty Paid $ 133.40 Plaintiff Paid Date: JUL Y 29, 2005 Other Costs !J (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQURlE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEY ARD SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 ZCDj /.! '"\ r_") "). ':'In -. _:. \_, Real Estate Sale #30 On September 06, 2005 the Sherifflevied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 210 West Marble Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 06, 2005 By:\jcd.A/,)~t~ Real Estate Sergeant <@ ~ c~ [~"'~ ~~ . . . 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City. County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been contmuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2005. That neither he 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 he 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 . ~.uuu.uu...uu. this 21rd day r OS .0. J NOTARIAl. SEAl. ~erry l. Russell, Notary Public City of Harrisburg, Dauphin County My Commissi n Expires June 6, 2006 /;/ Memb".?e", l,enieA/at;Ol1otNotarie, '/Gl/Z/14 (r//~4 NOTAR PUBLIC My commission expires June 6, 2006 ReAL ESTATE SALE No. 30 Writ No. 2005-2943 Civil Tenn The Bank of New York as Trustee lor the Certlllcete HolderS of CWMBS 2004-f11 V. Michael S. Behman and Christine A. Behman Atty: Dantel Schmieg DESCRIPTION The land referred to in the commitment is described as follows: ALL TIIAT CEKI'AlN lot of ground situate on the North side ofWesr Marble Street in the fifth word of tho Boroogh of MecbaniOOolg, COOIltj of Cumberland and State of Pennsylvania. bounded and described as fotlows,to wit: Bounded on the Soulh by West Marble Street; on the West by land now or formerly of Orville V. Lehmer and Eleanor F. Lehmer, his wife; on the North by a proposed alley; and on the East by HUDlll1el Alley; having a frontage of 50 feet on said Marble Street, and extending of the same width l50 feet Northwardto said proposed alley. HAVING thereon erected a one and one-half story frame dwelling house, No. 210 West Marble S_,Mo;banic'b~,PJ\. CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No, 587, approved May 16, 1929), p, 1.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, V1Z: October 14, 21, 28, 2005 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{~C: - Lisa Marie Coyn Editor SWO TO AND SUBSCRIBED before me this 28 day of October. 2005 ~ -< ~~ ~ kz!jdDtJ r --'-. ~,Natlli; ':.":.. .. -1 NO r ARIA. )t.", '''11-' ':~';d\t)F'r:;; L',!-,,-, l.~ ;:0. c. '::'I~ t. _.", ' .L ' , , r .. 8 . t" ...j'" ....1. , .. '_ J. "!:~ip.~.nF), J..lr"l..',:,r;,.~{ "'.""'J!: ,i,... f., q,. .', ". . .,. ,),,',.... ~ '\ 'I \ '"'''1'\;:''':''(''' .- '!"1"'" ,\ -' L..~~".~~,:,~'^",.,,~,,- :,._:'," '" . -,-' ,,', ""..,_." '''_'H'~ REAL ESTATE SALE NO. 30 Writ No, 2005.2943 Clvl! The Bank of New York as Trustee for the Certificate Holders of CWMBS 2004.Rl vs. Michael S. Behman and Christine A. Behman Atty.: Daniel Schmieg Legal Description: (As shown on Mortgage) THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLWWS: ALL that certain lot of ground situate on the north side of West Marble Street in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and de- scribed as follows. to wit: BOUNDED on the south by West Marble Street; on the west by land now or formerly of Orville V. Lehmer and Eleanor F. Lehmer. his wjfe; on the north by a proposed alley: and on the east by Hummel Alley: hav- ing a frontage of 50 feet on said Marble Street. and extending of the same width 150 feet northward to said proposed alley. HAVING THEREON ERECTED a one and one-half story frame dwell~ tng house, No. 210 West Marble Street, Mechanicsburg, Penn sylva - nla. Vesting Information: Vested by: Special Warranty Deed dated 4/16(01, given by Pe. ter F. Mack and Sharon L. Mack, his wife to Michael S. Behman and Christine A. Behman, his wife re- corded 4/18/01 in Book: 242 Page 1000. PREMISES BEING: 210 WEST MARBLE, MECHANICSBURG. PA 17055. PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v, CNIL DNISION , ')9'1:- NO, 05-~ MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendants MOTION FOR SERVICE OF NOTICE OF SALE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, petitions this Honorable Court for an Order directing service ofthe Notice of Sale upon the above-captioned Defendants, MICHAEL S. BEHMAN and CHRISTINE A. BEHMAN, by certified mail and regular mail to 210 WEST MARBLE STREET, MECHANICSBURG, PA 17055, and in support thereof avers the following: }, A Sheriff's Sale ofthe mortgaged property involved herein has been scheduled for JUNE 7, 2006, 2, Pennsylvania Rule of Civil Procedure (Pa,R.C,P,) 3129,2 requires that the Defendants be served with a notification of Sheriff's Sale at least thirty (30) days prior to the scheduled sale date, 3. Attempts to serve Defendants with the Notice of Sale have been unsuccessful, as indicated by the Returns of Service attached hereto as Exhibit "A", 4. Pursuant to Pa,R.C.P, 430, Plaintiff has made a good faith effort to locate the Defendants, An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa,R.C,P" Rule 430 by certified and regular mail to 210 WEST MARBLE STREET, MECHANlCSBURG, P A 17055 , PHELAN HALLINAN & SCHMIEG, LLP By: '- Attorney for PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v, CIVIL DIVISION ')."t'i1 NO, 05-WD MICHAEL S. BEHMAN CHRISTINE A, BEHMAN Defendants PLAINTIFF'S MEMORANDUM OF LAW Pursuant to Pennsylvania Rule of Civil Procedure, Rule 3129,2, it is necessary in a foreclosure action for the Sheriff or Process Server to serve upon the Defendants Notice of the Sale of the mortgaged premises, Specifically, Pa,R.C,P., Rule 3129,2 (c) provides in applicable part as follows: The written notice shall be prepared by the plaintiff, shall contain the same information as the handbills or may consist of the handbill and shall be served at least thirty days before the sale on all persons whose names and addresses are set forth in the affidavit required by Rule 3129,1. (1) Service of the Notice shall be made: (i) upon a defendant.., (A) by the sheriff or by a competent adult in the manner prescribed by Rule 402 (a) for the service of original process upon a defendant, or (B) by the plaintiff mailing a copy of the manner prescribed by Rule 403 to the addresses set forth in the affidavit; or (C) if service cannot be made as provided in the subparagraph (A) or (B), the notice shall be served pursuant to special order of court as prescribed by Rule 430, except that if original process was served pursuant to a special order of court under Rule 430 upon the defendant in the judgment, the notice may be served upon that defendant in the manner provided by the order for service of original process without further application to the court, Because the whereabouts of Defendants, MICHAEL S, BERMAN and CHRISTINE A. BERMAN, are unknown, a reasonable investigation of their last known address was made in accordance with Pa,R.C,P, 430(a), Pennsylvania Rule of Civil Procedure, Rule 430 (a) provides as follows: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts ofthe defendant and the reasons why service cannot be made. Note: A Sheriffs Return or Affidavit of Service of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs,Polis, 238 Pa,Super. 362, 357 A.2d 580 (1976), Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address, Adoption of Walker, 468 Pa. 165,360 A.2d 603 (1976), An illustration of good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C,F,R, Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations oflocal telephone directories, voter registration records, local tax records and motor vehicle records. As indicated by the attached Affidavits of Return of Service, marked hereto as Exhibit "A", the Process Server has been unable to serve the Notice ofSa1e. A good faith effort to discover the whereabouts ofthe Defendants has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked as Exhibit "B", WHEREFORE, Plaintiff respectfully requests that the allowance of service of the Notice of Sale in accordance with Pa,R.C,P " Rule 430 by certified and regular mail to 210 WEST MARBLE STREET, MECHANICSBURG, PA 17055 , Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP 7 ! By: VERIFICATION DANIEL G, SCHMIEG, ESQUIRE, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to take the verification and that the statements made in the foregoing Motion for Service of Notice of Sale pursuant to Special Order of Court are true and correct to the best of his knowledge, information and belief, The undersigned also understands that this statement herein is made subject to the penalties of 18 Pa, Sec, 4904 relating to unsworn falsification to authorities, Date: February 2. 2006 PHELAN HALLINAN & SCHMIEG, LLP BY: DANIEL G. SCHMIEG, ESQUIRE Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v, CIVIL DIVISION :)1L(3 NO. 05-2843 MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion for Service of Notice of Sale Pursuant to Special Order of Court, Proposed Order, Memorandum of Law, Certification of Service and Verification in the above captioned matter was sent by first class mail, postage prepaid to the following interested parties on the date indicated below, MICHAEL S. BEHMAN CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 Date: February 2. 2006 . AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY ;)}Y'3 PMB No. 05-~ ACCT. #81889691 DEFENDANT(S) MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Type of Action - Notice of Sheriff's Sale SERVE MICHAEL S. BEHMAN AT 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 Sale Date: JUNE 7, 2006 SERVED Served and made known to , Defendant, on the day of __,200_, aI , o'clock _,m., at ___. Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is_ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. _ ,,_ _ _ Manager/Clerk of place oflodging in which DefendanI( s) reside( s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defcndant(s)'s company. Other: Description: Age_ HeighI _ Weight _ Race Sex Other I, . a competent adult, being duly sworn according to law, depose and state tllal 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. Sworn to and subscribed before me this _ day of ,200_, Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED, NOT SERVED I jl, \ On the r: day of -J.;" "c,~. '/ L Moved UnknO\vn , 200jt, at Is." u. o'clock~.m., Defendant NOT FOUND because:. . , 1 . /;.,~ ),<,.-,- : s; V:.- ~ ,-.,A, f.J,,+ {II- t{ Jv' No Answer ~ Vacant 1 sl Attempt: I I Time: 2nd Attempt: I I Time: 3rd Attempt: I I Time: y: rv c ~ ' Wv:> Alto ne r Plaintiff Da iel G, ~1I~e~\J~8Uire - I,D, No. 62205 State of New PA1RICIA E ,:;.,:,:--:3 Commission Expifes June 1G, 2;)83 h . \ v "7 r1f'\.,1~~';:!':\':\'i t..,., .,.' ., J 4 (~ .... AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY ;l9~ No, 05-~ PMB ACCT. #81889691 DEFENDANT(S) MICHAEL S. BEllMAN CHRISTINE A. BEllMAN Type of Action - Notice of Sheriff's Sale SERVE CHRISTINE A, BEHMAN AT 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 Sale Date: JUNE 7, 2006 SERVED Served and made known to , Defendant, on the __~_ __ day of , 200~ at .___, o'clock_.m., at ) Cormnonwealth of Pennsylvania, in the maJUlCf described below: Defendant personally served. Adult family member with whom Defendanl(s) residers). Name and Relationship is Adult in charge ofDefendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendanl(s) residers), Agent or person in charge ofDefendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age_ Height_ Weight~ Race Sex Other 1, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this ~ day of _ __' 200__ Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICA TE DATES & TIMES OF SERVICE ATTEMPTED, NOT SERVED On the -' .{ }' day of J"., ..,,-y L Moved Unknown , 200.k-, at /.;..' ILl o'clock L.rn., Defendant NOT FOUND because: c I .AJ.,,. }p/J-c " i~;~'~V1+' Jj"i-- Lv~.?L"'1 No Answer ~ Vacant 1" Attempt: 2nd Attempt: I I Time: / / Time: 3rd Attempt: I / Time: :}(c\' c f('c:. '"Y Attorn r tHe Dan' G, ~Jj~lluis"ey- I.D, No, 62205 PATRICIA E HAF;f'.IS , Commission Expires June 13. ;'008 1/\ /U ; ~ .~ ','. ;;'i >,h.(j , . FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: Attorney Firm: Subject: 117462 Phelan, Hallinan & Schmieg, LLP Michael S, Behman & Christine A. Behman Property Address: 210 West Marble Street, Mechanicsburg, PA 17055 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Michael S, Behman .162-64-1671 Christine A. Behman - 187-48-0727 B. EMPLOYMENT SEARCH Michael S. Behman & Christine A. Behman - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Michael S, Behman & Christine A. Behman reside(s) at: 210 West Marble Street, Mechanicsburg, PA 17055, II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance and found no listings for Michael S. Behman & Christine A. Behman, B. On 1/31/06, our office made a telephone call to phone number, (717) 691-8224 and received the following information: phone number has been disconnected, III. INQUIRY OF NEIGHBORS On 1/31j06 our office made several phone calls in an attempt to contact C. Grant, 212 West Marble Street, Mechanicsburg, PA 17055: spoke with an unidentified female who advised that the subjects moved and no longer reside(s) at 210 West Marble Street, Mechanicsburg, PA 17055, She advised that the property was sold at a Sheriff's Sale, She was unable to advise on the subjects' currrent address, IV, ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 1/31/06 we reviewed the National Address database and found the following information: Michael S. Behman & Christine A, Behman- 210 West Marble Street, Mechanicsburg, P A 17055, "';~tur:>n .'. 1f.;~,./.'n,<..)4" .,J B, ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file, V, DRIVERS LICENSE INFORMATION A MOTOR VEHICLE & DMV OFFICE Per the P A Department of Motor Vehicles, we were unable to obtain address information on Michael S, Behman & Christine A Behman. VI. OTHER INQUIRIES A DEATH RECORDS As of 1/31/06 Vital Records and all public databases have no death record on file for Michael S. Behman & Christine A Behman, B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Michael S. Behman & Christine A Behman residing at: last registered address, VII. ADDITIONAL INFORMATION OF SUBJECT A, DATE OF BIRTH Michael S. Behman - unavailable Christine A Behman - 9/1/58 B, AK.A Michael Scott Behman Christine Ann Thompson . Our accessible databases have been checked and cross-referenced for the above named individual(s). . Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. /~ ----/ 7 I ~ 9-Id-.- / / ~t'-A... r ./ 6./1- ~ AFFIANT - Brendan Booth Full Spectrum Legal Services, lnc, co .~_. HOT...... __ RYAN ~ G/\I.Wl,"" P\llIIIc: City III rtr r l....., Na. 0IlIIlIy MvCc.,.' "El\IiIMo.. ' II.. Sworn to and subscribed before me this 31" day of January 2006, The above information is obtained from available public records and we are only liable for the cost of the affidavit. '...,. "i:~- :"" c) ~.." c':" " 0 c..:.) C/, I"~ ..,., ::;:l rv', r-; ~- c) , ."J f- , --~-I i"'" ~" !;:.-j , c I , .:!;;. . , -'.". -~~. --) _t C:5 j ril ., '-<, 1"....) ~D -< ..~~~t'{t.. '!J. \01., ..' ~ y of': :'.' "'..A; '~.'" -r,." '-"..4::' .~"",'::,~'_I<'''''''',~' .~ ,~~~~: ~'~~~":.~~_'f" BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW MICHAEL S. BEHMAN CHRISTINE A. BEHMAN Defendants NO, 05-2943 ORDER OF COURT AND NOW, this 15!h day of February, 2006, upon consideration of Plaintiff's Motion for Service of Notice of Sale Pursuant to Special Order of Court and the Affidavit of Good Faith Investigation attached thereto, it is hereby ordered that Plaintiff may obtain service of the Notice of Sale on the above-captioned Defendants, Michael S. Behman and Christine A. Behman, by mailing a true and correct copy of the Notice of Sale by certified mail and regular mail to 210 West Marble Street, Mechanicsburg, PA 17055; and by publication of a notice as prescribed in Pa.R.C.P, 430 in a legal journal and newspaper of general circulation in Cumberland County, Pennsylvania, on or before May 5, 2006. Service is effective upon the latter of the date of mailing or publication of the notice and is to be done by Plaintiff's attorney, who will file with the Prothonotary's Office an affidavit of service, BY THE COURT: ~--L J. M,L. Ebert, Jr" Daniel G. Schmieg, Esq, One Penn Center Plaza, Suite 1400 Philadelphia, PA 19013-1814 Attorney for Plaintiff .u~ rJ1<.a.-I~ .).1& 0 ~ CJ.. C' c(, ~ ., 'V ~ \ ~I:\j r~&j . . PHELAN HALLINAN & SCHMIEG, LLP By: DANIEL SCHMIEG, ESQUIRE IDENTIFICATION NO, 12248 ONE PENN CENTER AT SUBURBAN STATION, SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CNIL DNISION CUMBERLAND COUNTY No,: 05~i1 vs, MICHAEL S, BEHMAN CHRISTINE A. BEHMAN AFFIDAVIT I hereby certify that a true and correct copy ofthe Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to MICHAEL S. BEHMAN and CHRISTINE A. BEHMAN on 3/20/06 at 210 WEST MARBLE STREET, MECHANICSBURG, P A 17055, in accordance with the Order of Court dated 2115/06, I further certify that a description of the mortgaged premises was published with the Notice of Sheriffs Sale in THE SENTINEL on 3/17/06 and in the CUMBERLAND LAW JOURNAL on 3/17/06 in accordance with the Court's Order, The undersigned understands that this statement is made subject to the penalties of 18 P A C,S. s 4904 relating to unsworn falsification to authorities. D!~S~rt~ Date: Mav I. 2006 . ?1bD 3901 'ViII'! 3'l'l2 MIIII TO: CHRISTlNE A. BEHMAN 210 WEST MARBLE MECHANICSBURG, PA 17055 SENDER: REFERENCE: SXM PS Form 3800 Janu 2005 REllJRN Postage RECEIPT Certified Fee SERVICE Re\Um Rocoipt Feo Rostricted DeIlvery Total Postage & Fees us PoellII SeIvlce Receipt for Certified Mall Ilo_c-.go- Do Not_IIII____ ?1bD 3901 "1&11"1 3'f'I2 M?5 TO: MICHAEL S, BEHMAN 210 WEST MARBLE MECHANICSBURG, PA 17055 SENDER: SXM REFERENCE: PS Form 3800 Januo 2005 REllJRN Postage RECEIPT Ce!1illod Fee SERVICE Rolum Rocoipt Foe R~ DeIi...'Y Total Postage & Fo.. us Po8IlII SeIvlce Receipt for Certified Mall No_~_ "- OoNotUOolor__ ..... 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 March 17, 2006 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, RN TO AND SUBSCRIBED before me this 17 day of March, 2006 SEAL LOIS E. SNYDER, Notary Public Carl.sle Boro, Cumberland County . My Commission Expires March 5, 2009 ~."l"" __.~ f CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No, 05-2843 Bank of New York as Trustee for the Cert1ficate Holders of CWMBS 2004-RI vs, Michael S, Behman Christine A Behman NOTICE TO: Michael S, Behman, Christine A Hehman NOTICE OF SHERIFF'S SALE OF REAL PROPERTI TAKE NOTICE that the real es. tate located at 210 West Marble Street, Mechanicsburg, PA 17055 Is scheduled to be sold at Sheriff's Sale on June 7, 2006 at 10:00 A,M., Cumberland County Courthouse, South Hanover Street. Carlisle, PA 17013, to enforce the court judg- ment of $126,896.21, obtained by Bank of New York as Trustee for the Certificate Holders of CWMBS 2004.Rl (the mortgagee), ALL THAT CERTAIN lot of ground situate on the North side of West Marble Street in the 5th Ward of the Borough of Mechanics burg. Coun. ty of Cumberland and State of Penn. sylvania. bounded and described as follows. to wit: BOUNDED on the South by West Marble Street; on the West by land now or formerly of Orville V. Lehmer and Eleanor F. Lehmer, hiS wife: on the North by a proposed alley; and on the East by Hummel Alley; hav- ing a frontage of 50 feet on said Marble Street, and extending of the same width, 150 feet northward to said proposed alley, HAVING THEREON ERECTED a one and one.ha1f{1-1/2) story frame dwell1ng house known and num- bered as 210 W, Marble Street, Me. chanicsburg, Pennsylvania. VESTING INFORMATION: Vested by: Special Warranty Deed dated 4/16/01, gIven by Pe. ter F. Mack & Sharon L, Mack, his wife to MIchael S, Hehman and Chris. tine Behman, hIs wife recorded 4/ 18/01 In Book: 242 Page: 1000, Being Premises 210 West Marble Street, Mechanlcsburg, PA 17055. Improvements consist of a resi- dential property. Sold as the property of Michael S, Behman and Christine A. Beh. man, CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE WE BUYER, Terms: The purchaser will be required to pay tile full amount of hts bid by TWO O'CWCK p,m. on the day of the sale, and if complied with, a deed wtll be tendered by the Sheriff at the next Court of Com- mon Pleas for Cumberland County. conveying to the purchase all the right, title, Interest and claim which said defendant has In and to said property at the t!me of levying the same. ALTHOUGH NOT PART OF THE MINIMUM BID, PROPERTI SOLD FOR MINIMUM BID DOES NOT DISCHARGE DELINQUENT AND/OR OUTSTANDING TAXES AND THE PURCHASER WILL BE RESPONSffiLE FOR SAME, If above conditions be not complied with on the part of the Purchaser. the prop- erty wt11 agaIn be offered for sale by 3 , CUMBERLAND LAW JOURNAL the Sheriff at THREE O'CWCK p,ro, on the same day. The said pur- chaser will be held liable for the deficiencies and additional cost of satd sale, TAKE NOTICE that a Schedule of Dtstrtbution wt1l be IDOO by the Sheriff within thirty days of the Sheriffs Sale. distrIbution will be made in accordance with the sched- ule unless exceptions are filed within ten days thereto. YOU SHOULD TAKE THIS NO. TICE TO YOUR lAWYER AT ONCE, IF YOU DO NOT HAVE A lAWYER GO TO OR TELEPHONE THE OF. FICE SET FORTH BELOW, THIS OFF1CE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIR. ING A lAWYER, IF YOU CANNOT AFFORD TO HIRE A lAWYER. THIS OFFICE MAY BE ABLE TO PRO. VIDE YOU WITH INFORMATION ABOUT AGENCIES TIfAT MAY OF. FER LEGAL SERVICES TO ELI. GIBLE PERSONS AT REDUCED FEE OR NO FEE. CUMBERLAND COUN1Y lAWYER REFERRAL SERVICES CUMBERLAND COUN1Y BAR ASSOCIATION Cumberland County Courthouse 2 Uberty Avenue Carlisle. PA 17013 (717) 249-3166 (800) 990.9108 DANIEL G, SCHMIEG. ESQUIRE Attorney for PlaIntiff SuIte 1400 One Penn Center 1617 John F, Kennedy Boulevard Philadelphia. PA 19103. 1814 (215) 563- 7000 Mar, 17 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) March 17, 2006 COPY OF NOTICE OF PUBLICATION .. ,,',I l'1;'-L ,i'::.-<.'.. ,v; ;'."'\::>'1, -.:' .... _.J',',. .' ,_''i"~;,.y,,;l\n';ii_;'", _: _ . . Ii ~l\I,~~..:r"""'f6i<~~j;j""i"'~~'1'f1 ',',- " .-'." \. ~s,~., ' . Ch....."\~','. ".' . " ".:,~~.p;{'~"~' .. Affiant further deposes that he! she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of :;;:;;~ Sworn to and subscribed before me this 22nd, day of March2006. ~'OJ~' W Notary ~ My commission expires:9' /t lri COMMONWEALTH OF PENNSYLVANIA No4artaI Seal Oulsllna L. Wate, NoIary PullIc CaIfisIe 80<0, Cumb.rlalld County My CormlIssIon Expinls Sept. 1, 2008 Member, Pennsylvania ASlocfetJon Of Notaries C? c r-O c:2 C._c<' c",", :::: -."" ~. :;....' \ N () n .-1 :r.:-r; P1F -f}mc~'1 -:~) ,- - \ /-\ ':~; ~: f~: ) ::-~\ "-';::>- ~~ ~.,,:-. ~~ .~: S' (.::', 0J \ SALE DATE: JUNE 7.2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl .;tq~3 No.: 05-~ vs. MICHAEL S. BEHMAN CHRISTINE A. BEHMAN AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as ofthe date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 210 WEST MARBLE STREET. MECHANICS BURG. PA 17055. As required byPa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy ofthe Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ;ry-~ J1 ~~ DANIEL SCHMIEG, ESQ Attorney for Plaintiff June 2,2006 ..' ... BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL S. BEHMAN CHRISTINE A. BEHMAN NO. 05-2843 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .210 WEST MARBLE STREET. MECHANICS BURG. PA 17055. L Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICS BURG, P A 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMESC.COSTOPOULOS 860 EASY ROAD CARLISLE, P A 17013 JAMES C, COSTOPOULOS 2415 FORSTER ST HARRISBURG, PA 17103 .. , , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG W STRA WHERRY & NORTH MARKET STREETS MECHANICSBURG, P A 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 210 WEST MARBLE STREET MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 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. Sec. 4904 relating to unsworn falsification to authorities. January 9, 2006 DATE ~jLJ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff . . . BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl vs. MICHAEL S. DEHMAN CHRISTINE A. DEHMAN TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): MICHAEL S. DEHMAN CHRISTINE A. DEHMAN PROPERTY: 210 WEST MARBLE STREET MECHANICSDURG, PA 17055 Improvements: Residential dwelling Judgment Amount: $126,896.21 CUMBERLAND COUNTY NO. 05-2843 The above-captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on JUNE 7, 2006, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type oflien or the effect of the Sheriff's Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriffwill file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. 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No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders of SWMBS 2004-Rl ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael S. Behman Christine A. Behman No. 05-2943 Civil Term Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on June 9, 2005, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 29, 2005 in the amount of $126,896.21. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. The Property is listed for Sheriffs Sale on September 6,2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 4. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance Interest Through 9/6/06 Per Diem $24.27 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisallBPO MIPIPMI NSF SuspenselMisc. Credits Escrow Deficit $118,119.09 13,462.18 TOTAL 0.00 1,925.00 2,358.24 2,275.78 2,316.50 0.00 0.00 0.00 -203.44 5.540.43 $145,793.78 5. The judgment fonnerly entered is insufficient to satisfy the amounts due on the Mortgage. 6. Under the tenns of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP Date: ILJA 2./ir&? , , By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders ofSWMBS 2004-R1 A TIORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael S. Behman Christine A. Behman No. 05-2943 Civil Term Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 210 West Marble, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security ofthe Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff's Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriff's Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. ll. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. Ill. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. Ifthe Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the tenns of the Mortgage. IV. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). The provision of the Mortgage which allows the Plaintiff to recover attorney's fees in the instant action is highlighted for the court's reference. In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee often percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confinning that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P .L.E., Judgments 9 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958), Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117,282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545,2 A.2d 826 (1939). Because ajudgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.V. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part ofthe mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: \I //tlofl I I By: Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-RI 7105 CORPORATE ORNE PLANO, TX 75024 r-) o g C eft S <- -n C;' c:: 0) q:~ ~ ~ ~f: J, t;2 ~, :P'" ~ r~ :Jt L.(- ATTORNEYFORPLArilf~F 9 ~ ~ o -rl ' :e...., \1'\fi: 'St? 0.6 ==-l-r' :1:31 00 Zrn 9 ~ Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM v. NO. OS-~lI3 Ct'u"L ~~~ CUMBERLAND COUNTY MICHAEL S. BEHMAN CHRISTINE A. BEHMAN 210 WEST MARBLE MECHANICSBURG, P A 17055 Defendants , , .' ;;':,.-;..=' flN /.'1. '~" t ' . . . ,)..,II,.f'\ MY' OHNLV tU t {'tipv fPlf.p~:}t HlEfiJRN CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 LA WYER 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, P A 17013 (800)990-9108 JVe flare Within to:o,r cenity the Correct Co e a true and or/glnal ~., PY Of the FEDERM~ed Of recora N A~D PHEiAN Irk' fEf-m~~.'lf~ '.'.". ." ..,J P.~ ra61J . . .J;. ~,..,J File #: 117462 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ" Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No, 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK. OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CNIL DNISION TERM NO. CUMBERLAND COUNTY v. MICHAEL S. BEHMAN CHRISTINE A. BEHMAN 210 WEST MARBLE MECHANlCSBURG, P A 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE 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 SHOUW TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE mE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU wrm 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, P A 170 I3 (800)990-9108 File #: 117462 File #: I 17462 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.e. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MA Y OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1, Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: MICHAEL S. BEHMAN CHRISTINE A. BEHMAN 210 WEST MARBLE MECHANICSBURG, P A 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/16/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to COLUMBIA NATIONAL INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1692, Page: 414. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 0 I /01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 117462 6. The following amounts are due on the mortgage: Principal Balance Interest 12/01/2004 through 06/08/2005 (Per Diem $24.68) Attorney's Fees Cumulative Late Charges 04/16/200 1 to 06/08/2005 Cost of Suit and Title Search Subtotal $118,479.96 4,689.20 1,250,00 213.65 $ 550.00 $ 125,182.81 Escrow Credit Deficit Subtotal 0.00 528.76 $ 528.76 TOTAL $ 125,711.57 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. TIlls action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. 9. TIlls action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 125,711.57, together with interest from 06/0812005 at the rate of $24.68 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. ~AN&~ By: /slFrancis S. Hallinan A WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 117462 LEGAL DESCRIPTION ALL THAT CERTAIN lot of ground situate on the North side of West Marble Street in the 5th Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BOUNDED on the South by West Marble Street; on the West by land now or formerly of Orville V. Lehmer and Eleanor F. Lehmer, his wife; on the North by a proposed alley; and on the East by Hummel Alley; having a frontage of 50 feet on said Marble Street, and extending of the same width, 150 feet northward to said proposed alley. HAVING THEREON ERECTED a one and one-half(I-1I2) story frame dwelling house known and numbered as 210 W. Marble Street, Mechanicsburg, Pennsylvania. BEING THE SAME PREMISES which William H. Thomas and Elfleda C. Thomas, his wife, by Deed dated May 25, 1990 and recorded May 31, 1990 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book P, Volume 34, Page 31, granted and conveyed unto Peter F. Mack and Sharon L. Mack, his wife, Grantors herein. Being No. 21 0 West Marble Street File#: 117462 VERIFICA nON CRAIG ANDERSON hereby states that he/she is VICE PRESIDENT of COUNTRYWIDE HOME LOANS, INC. mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement-is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ..~ -, ~ CRAIG ANDERSON, VICE PRESIDENT DATE: Yil15(12J ( Exhibit "B" I PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attor;ney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 05-2Q43 MICHAEL S. BEHMAN CHRISTINE A. BEHMAN j' -;"'-'(', . ,"., _. - .. . ";.l.:tf.~"'.,:~-' i~iir IC~;~~j'j\Y -,...- ,.. v PLEASE F\E":iTJRN ~' A"frr.,....' ;-. I"';' Ul'"i)"'-'. I'-(! r: Cu~~py ~ - ,,- . . -1...",_ PLEASE fiETURN o ~ 0 c_-= ~~ -n Defendant(s). < _~ ::!~~ i'7C S::: :1: -n ......; ! r= n1 r= PRAE~::~:~~~=~~:~~~~~~T~~ ~ ~~ ~:: ':- ~ ;}~. ~ TO THE PROTHONOTARY: s;~~.::~ _ ::-:i Z ., ~ --J 0 ::q Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEt: S. BEHMAN and CHRISTINE A. BEHMAN, Defendant(s) for failure to file an Answer to Plaintiffs 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 Interest from 6/9/05 to 7/26/05 TOTAL $125,711.57 $1,184.64 $126,896.21 I hereby certify that (I) the addresses ofthe Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. F': i"~" ""LF Cr.py n i ,'.;, :.: l' h _ u PLEASE RETURN ~~J1-1~ DANIEL G. SCHMIEG, E DIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: {}J., J.~. JJJo~ (1h~... f2 f?~ PRO PROTHY ~ .)~ "'r"rrz ,:~ '""',. I<-~ f" i \"~d .-t hLE CoPy PLEASE HETURN VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. DATE: (g I, z.1w By: Phelan Hallinan & Schmieg, LLP ~./l~ Mic e M. Bradford, EsqUIre Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders of SWMBS 2004-R1 ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael S. Behman Christine A. Behman Defendants No. 05-2943 Civil Term CERTIFICATION OF SERVICE I hereby certifY that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Michael S. Behman Christine A. Behman 21 0 West Marble Mechanicsburg, P A 17055 DATE: UJ !'Z-!0fJJ By: Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff .__,. (:J ......~) '.].... 'J "Tl ~ InTI r:; , , -....-; r w BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SWMBS 2004-R 1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL S. BEHMAN CHRISTINE A. BEHMAN DEFENDANTS : 05-2943 CIVIL ORDER OF COURT AND NOW, this 19th day of June, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; (2) The defendants shall file an answer to the petition on or before July 10, 2006; (3) The petition shall be decided under Pa.R.C.P. No. 206.7; (4) If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted. By the Court, ~t~ M. L. ~bert, Jr., ~. Michele M. Bradford, Esquire \ Attorney for Plaintiff Michael S. Behman / Christine A. Behman Defendants Mat" e,l.- G, -t a --o~ 0'1:1: bas O I .7111 J (' I '"'j''' ('" ')'" . . .v Ij.~-, l) "~> I JUl. i ,l..'b\/.LC:l".ll._;- 31-LL :10 3:J!::JJ,O.Q31\:l ,,- ..,.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHELAN HALLINAN & SCHMIEG by: MICHELE M, BRADFORD, Esquire Atty, l.D, No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 ATTORNEY FOR PLAINTIFF Bank of New york as Trustee for the Certficate Holders of SWMBS 2004-Rl Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael S, Behman Christine A. Behman No, 05-2943 Civil Term Defendants CERTIFICATION OF SERVICE I, MICHELE M. BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of July 5, 2006 has been served upon the following persons: Michael S, Behman Christine A. Behman 210 West Marble Mechanicsburg, PA 17055 Date: PHELAN HALLINAN & SCHMIEG, LLP BY~~ Michele M, Bradford, Esqillr Attorney for Plaintiff f'.' ~) L,,:,;) C~ t_ :;::; ,,-, ..... N 0'-, C'J -n ::::1 _\._,~ rnr= -, ,.,".;-\~ , ~(? . ~', ~~>' ~f,~~~ ~; \o'p '-< ?;: '-!? en 'PHELAN HALLINAN & SCHMIEG, LLP By: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders of SWMBS 2004-Rl Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael S, Behman Christine A. Behman No, 05-2943 Civil Term Defendants MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc., by and through its attorney, Michele M, Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above.captioned action, and in support thereof avers as follows: 1. That it is The Plaintiff in this action. 2. A Rule was entered by the Court on June 19,2006 directing the Respondents to show cause why the Motion to Reassess should not be granted, A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A", 3, The Rule to Show Cause was timely served upon all parties on June 23, 2006 in accordance with the applicable rules of civil procedure, A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B", 4, Respondents failed to respond or otherwise plead by the Rule Returnable date of July 10,2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages. ~l \ \ft1{p Date V Michele M. Bradford, Esquire Attorney for Plaintiff 'PHELAN HALLINAN & SCHMIEG, LLP By: Michele M, Bradford, Esquire Atty, LD. No, 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders ofSWMBS 2004-Rl Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Michael S. Behman Christine A. Behman Defendants No, 05-2943 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on June 12,2006. A Rule was entered by the Court on June 19,2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted, (See Exhibit "A",) The Rule to Show Cause was timely served upon all parties on June 23, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of July 10, 2006 upon the Defendants, WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages, PHELAN HALLINAN & SCHMIEG, LLP t 1.\ \nJ~ ~ Michele M, Bradford, Esquir Attorney for Plaintiff Exhibit "A" BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SWMBS 2004.R 1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL S. BEHMAN CHRISTINE A, BEHMAN DEFENDANTS : 05-2943 CIVIL ORDER OF COURT AND NOW, this 19th day of June, 2006, upon consideration of the foregoing petition, IT IS HEREBY ORDERED that: (1) A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; (2) The defendants shall file an answer to the petition on or before July 10, 2006; (3) The petition shall be decided under Pa,R.C.P. No, 206.7; (4) If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted, By the Court, ~l ~\ M, L. ~bert, Jr., ~, MicheLe M, Bradford, Esquire Attorney for Plaintiff Michael S, Behman Christine A. Behman Defendants bas 'nU! COPY FROM RECORD ::~""JfWhereot. , here unto set my,. . ..., of salcJ ,. rt . I CarliSle. PI. ',.' ~, PrOth ~ \'lY0Z Exhibit "B" o ... PHELAN HALLINAN & SCHMIEG, LLP 'By: Michele M, Bradford, Esquire Atty, I.D. No, 69849 One Penn Center at Suburban Station 1617 John F, Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders ofSWMBS 2004-Rl Attorney for Plai J;fFX':F:TVF:D jUt. I " 2006 l~ Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Michael S, Behman Christine A. Behman No. 05-2943 Civil Term Defendants ORDER '\"~ AND NOW, this \1. day of i~\'t ,2006, upon consideration ofPlaintitl's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Respondents shall be and is hereby made absolute and Plaintitl's Motion to Reassess Damages in the above captained matter is hereby GRANTED; and the Prothonotary is ordered to amend the judgment as follows: Principal Balance Interest Through 9/6/06 Per Diem $24,27 Late Charges Legal fees Cost of Suit and Tille Sheriff's Sale Costs Property Inspections AppraisaVBPO MIPIPMI NSF SuspenselMisc, Credits Escrow Deficit $1I8,1I9.09 13.462,18 0,00 1,925,00 2,358,24 2,275,78 2,316,50 0,00 0,00 0.00 -203.44 5.540.43 TOTAL $145,793.78 Plus interest from 6/9/06 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote, Sheriff's commission is not included in the above figure, BY THE COURT: ..........\ \ % i \\ . - \.\ ], I' ~\? , " ,..., \1 ,; ',< ; ,''':\'(\(\J \?\\~ \ ., \ '\\\\~ ~~~1, I\n v'" 'tfl, ~\". , :::;'" "'PHELAN HALLINAN & SCHMIEG, LLP 'By: Michele M. Bradford, Esquire Atty. LD. No, 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders ofSWMBS 2004-Rl Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs, Cumberland County Michael S. Behman Christine A, Behman No. 05-2943 Civil Term Defendants MOTION TO MAKE RULE ABSOLUTE Plaintiff, Mortgage Electronic Registration Systems, Inc" by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: I. That it is The Plaintiff in this action, 2, A Rule was entered by the Court on June 19, 2006 directing the Respondents to show cause why the Motion to Reassess should not be granted, A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 3, The Rule to Show Cause was timely served upon all parties on June 23, 2006 in accordance with the applicable rules of civil procedure, A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked Exhibit "B". 4, Respondents failed to respond or otherwise plead by the Rule Returnable date of July 10, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff Mortgage Electronic Registration Systems, Inc.'s Motion to Reassess Damages, ~ Michele M, Bradford, Esquire Attorney for Plaintiff ...'PHELAN HALLINAN & SCHMIEG, LLP . By: Michele M. Bradford, Esquire Atty, I.D, No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders of SWMBS 2004-Rl Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael S. Behman Christine A. Behman Defendants No. 05-2943 Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on June 12,2006. A Rule was entered by the Court on June 19, 2006 directing the Respondents to show cause why the Motion to Reassess Damages should not be granted, (See Exhibit "A".) The Rule to Show Cause was timely served upon all parties on June 23, 2006 in accordance with the applicable rules of civil procedure. Respondents failed to respond or otherwise plead by the Rule Returnable date of July 10, 2006 upon the Defendants. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages, PHELAN HALLINAN & SCHMIEG, LLP ",1.\ \nh ~ Michele M. Bradford, Esquir Attorney for Plaintiff Exhibit "A" . BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF SWMBS 2004.R 1 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF V. MICHAEL S. BEHMAN CHRISTINE A. BEHMAN DEFENDANTS : 05--2943 CIVIL ORDER OF COURT AND NOW, this 19th day of June, 2006, upon consideration of the foregoing petition, IT 15 HEREBY ORDERED that: (1) A rule is issued upon the defendants to show cause why the plaintiff is not entitled to the relief requested; (2) The defendants shall file an answer to the petition on or before July 10, 2006; (3) The petition shall be decided under Pa.R.C.P, No, 206,7; (4) If no answer to the Rule to Show cause is filed by the required date, the relief requested by the Plaintiff shall be granted, By the Court, ~l ~\ M, L. t:bert, Jr., ~, Michele M, Bradford, Esquire Attorney for Plaintiff Michael S, Behman Christine A. Behman Defendants ""COPVFROM RECORD ::;:: ,-"'Whereof, '.here unto set my,.. . ..., 01 satlj ,rt t CarliSle. Pa. ......' ~, Pr bas \\ly0Z .. . . -. Exhibit "B" 'IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . A~~NEY~rC~~~: Bank of New york as Trustee for the Certficate F- - JSJ1~]jI. Holders ofSWMBS 2004-Rl --.:;';. Court of Common Pleas --.. PHELAN HALLINAN & SCHMIEG by: MICHELE M, BRADFORD, Esquire Atty, I.D, No. 69849 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102-1799 (215) 563-7000 Plaintiff vs. Michael S, Behman Christine A. Behman Defendants ATTORNEY FORPLAUNTIFF ~ ~ =-- -....;.'..... h... Civil Division "'-' = <:'~~) C'" (") c:: Cumberland County u (]= :~2r: No, 05-2943 Civil Te~ ~~ ;:.~: :; 5:~; ~ .-( c. = ..,:.;.;.... ~,' 0'\ :;::,., \.D c.n CERTIFICATION OF SERVICE I, MICHELE M, BRADFORD, Esquire, hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of July 5, 2006 has been served upon the following persons: Michael S, Behman Christine A. Behman 210 West Marble Mechanicsburg, PA 17055 ..... ...:.... .. ..- ATTORNEY filE COpy PLEA~E RETURN .....~......~...~.....~_...... ~~ ~ "''''>'-"-PHEtAN'HALel~ & SCHMIEG, LLP BY~~ Michele M. Bradford, Esquir Attorney for Plaintiff ~\\{~ 1114iPl o .. 'r! rnFQ :g8 '~..J '/', -,c.._' ,!.:::;-1"": :~~~5 f.~ "'" - ;n -< VERIFICATION Michele M, Bradford, Esquire, hereby states that she is the attorney for Plaintiff, in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief, The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities, ~ Michele M. Bradfor~ Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP . By:' Michele M. Bradford, Esquire Atty. LD, No. 69849 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New york as Trustee for the Certficate Holders ofSWMBS 2004-Rl Attorney for Plaintiff Court of Common Pleas Plaintiff Civil Division vs. Cumberland County Michael S, Behman Christine A, Behman No, 05-2943 Civil Term Defendants CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Michael S. Behman Christine A. Behman 210 West Marble Mechanicsburg, PA 17055 ~ Michele M. :::ord, Et::D- Attorney for Plaintiff (') r- ,...., ,,':'-' > -~ '0:' ell --' -:r -'f'\ ~ '~. [~~~ ('..) " - - L~~; (,,' > ~'~ . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS v. CIVIL DIVISION MICHAEL S. BERMAN CHRISTINE A. BERMAN Defendant(s). NO. 05-2943 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) ) SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl hereby verifies that on JANUARY 10, 2006 true and correct copies of the Notice of Sheriff's Sale were served by certificate of mailing to the recorded Iienholder(s) and any known interested party. '~~HMIEG, ESQUIRE Attorney for Plaintiff Date: JULY 26, 2006 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It mav not be sold in the absence of a reoresentative of the olaintiff at the Sheriff's Sale. The sale must be postpooed or stayed in the event that a representative of the plaintiff is not present at the sale. ~ " "3.~ ~i ~ ~ C; N :: 0 it ~e.. I n ~ II Q "t ~ h t'" n '" i u ~ . ~ 1 g i i: \l!~.li''; 88&,11 ",."ll. €: ~lIg ~ i,n~, * ~O~ ;it:ge. " ~e~ i ~'i :1I11j' e.HH i~H~ , i'illi dn 8.~~1 ~I-;'ig, h ~ ~ll-.'l!' <isH In~ i ~~if , ~ ii' lI'r.' ~t ~ hi! ~p1l i.,n l ~'Il' ... Q#~~ ~f~~~ . """"- . . ggO~109825 ~p1.850 . M...llEO FROM ZIP N 1 0 2006 I \ I I I I I I'CODE 1910~ t'" ~ ~ ~ ~ u . w N - i . tll~~~88f i;~~~~i ~~~R~SJ ~~~i~;J ~e('\~~>-l~~i. 3 0 b ... ... '" i ~ !f1 = ~ e ;~!~~~! ~~~~~~i ~ ~ ~ t<l ~ ~ ; '" , ~ ~ ("l ~~~~~~ ~e~~~' Ro ~ ~ t"'.I ~ t:: ~~ ~ ~ ~ e ;!~s~~3 , ;; '" III t ~ 6 ~ J'l 0 ;.. ~ ;:$ '" > III lii ::! :::i 0 rn ~ ~ ~ ~ ~ ~ ~ 5" yo .:"' ~ i ~ ~ i ~ gj p ~ <1 ... .... ~ >- a p =: ;;: ;: ~ ... .... ~ .... , I -' , , , ' ~tJ~1 ~ (;. CD z c 3 CT <D .. Qt~ rn~a '" ... .. g.~= ~ ~ "<1....0"<1 [~~~ g.::'irt -a-g.az 1~~~ "<I~;;tF >~~t"' ::;;"e,2! ....""00> 8'< g. z ~\S'Ei~ ~g.>r ...."5 ~aiCl'lt/.l ~ :?- ~.(') ~ ;! ClH' S, ~lt 0 ~.... 't"' e~ . tolo r ~ ~ I , ,;0 / . " , (""J - -- c,.... , ~\ ',-;"\ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS; I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of New York tr for CWMBS 2004-Rl is the grantee the same having been sold to said grantee on the 6th day of Sept A.D., 2006, under and by virtue of a writ Execution issued on the 10th day of Jan, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 2943, at the suit of CWMBS 2004-Rl tr against Michael S Behman & Christine A is duly recorded in Deed Book No. 276, Page 3747. IN TESTIMONY WHEREOF, I have hereunto set my hand dJr and seal of said office this day of .~Plj-~ Recorder of Deeds AICOIller of DMda. CumbIdInd~. Cldllll.PA My ComrilUon &pINe III FiII....GI__ . , " Bank of New York as Trustee for the Certificate Holders ofCWMBS 2004-Rl VS Michael S. Behman and Christine A. Behman The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-2943 Civil Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on March 17,2006 at 7:05 o'clock PM, he served a true copy of the within Real Estate Writ, Notice of Sheriff's Sale and Description, in the above entitled action, upon the within named defendants, to wit: Michael S. Behman and Christine A. Behman, by making known unto Michael Behman, personally and husband of Christine Behman, at 34 North High Street, Newville, Cumberland County, Pennsylvania, its contents and at the same time handing to him the said true and correct copy of the same. Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on April 07, 2006 at 12:55 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Michael S. Behman and Christine A. Behman located at 210 West Marble Street, Mechanicsburg, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Michael S. Behman and Christine A. Behman, by regular mail to their last known address of21O West Marble Street, Mechanicsburg, PA 17055. This letter was mailed under the date of April 06, 2006 and never returned to the Sheriff's Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on September 06, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$I.00 to Attorney Daniel Schmieg for Bank of New York as Trustee for the Certificate Holders ofCWMBS 2004-Rl, of 7105 Corporate Drive, PIano, TX 75024, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $832.47. Sheriff's Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail $30.00 15.93 15.00 15.00 30.00 10.00 .50 1.00 19.36 0.81 , , Levy Surcharge Postpone Sale Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 15.00 30.00 20.00 299.00 246.80 19.57 25.00 39.50 n $ 832.47 of' JO/bS!O{, ~ ~~~/~ R. Thomas Kline, Sheriff BY \JIJ di~ S i~ Real Estate S rgeant ~Pf <-,IV C'~ 'lb (tl 'l l ~ ~ '>5D I .. t,.' 'J uz. ./ ~,J F'3 f'f& ,. BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DMSION MICHAEL S. BEHMAN CHRISTINE A. BEHMAN NO. 05~..<91(.3 Defendant( s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .210 WEST MARBLE STREET. MECHANICSBURG. P A 17055 . 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, P A 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, P A 17055 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMESC.COSTOPOULOS 860 EASY ROAD CARLISLE, PA 17013 JAMES C, COSTOPOULOS 2415 FORSTER ST HARRISBURG, PA 17103 ~ , 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BOROUGH OF MECHANICSBURG w STRAWBERRY & NORTH MARKET STREETS MECHANICSBURG, PA 17055 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant 210 WEST MARBLE STREET MECHANICSBURG, P A 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, P A 17105 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. Sec. 4904 relating to unsworn falsification to authorities. January 9.2006 DATE ~JiJ~ DANIEL G. SCHMIEG, QUIRE Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl Plaintiff, CUMBERLAND COUNTY No. 05~ ;J..9l.JJ, v. MICHAEL S. BERMAN CHRISTINE A. DEDMAN Defendant(s). January 9,2006 TO: MICHAEL S. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, P A 17055 CHRISTINE A. BEHMAN 210 WEST MARBLE STREET MECHANICSBURG, P A 17055 **THIS FIRM IS A DEBT COllECTOR AITEMPTING TO COlleCT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN AITEMPT TO COlleCT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERlY. ** Your house (real estate) at. 210 WEST MARBLE STREET. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriff's Sale on JUNE 7. 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, P A 17013, to enforce the court judgment of $126.896.21 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl (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 cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You 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 (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a reoresentative of the olaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, P A 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 .. Ltnl Desaiudoll: (~ slaowa on lltortnftt THE t.ANO R!JlIRRID TO 'N nus COMMlTMDIT IS D'ESClUBED A.S fOLLOWS; ALL mAT CERTArN LOT OF GROUND SrrtJATE ON THE NOR11ISIDE OF WtsT MAR8LE STRUT IN THE FI"" WARD OF 1111: BOROOOfI OF M!CHAHIC58lJRG. COUNTY OF CUMBERLAND A..)fD STAnt OF PEl'fNSVLV ANlA, BOUNDID A!'lID DnearnED AS J'Ot..L()WS. TO wm BOUNDf.O ON THF. SOUTIIIlY WEST MAll""'; STltIEl'; ON lHt: WEST IJY UND NOW OR roR~f:R"'~ Of' ORV1Lt.e v. ..ERMER AND IlLUtOk F. LEHMIUI, HIS Wl'F&; Of( THE NORTH BY It. PROPOSItI) ALLEV; AND ON THE EAST BY HUMMEL Au.&Y; "loVING A fRONTAGE OF :50 FEET 0I'f SAiD MARBLE STRUT. AND EXTtNDING OF THE SAME WIDTH I" FJ:1IT NO'tTHWAltD TO SAlol'ROI'OSt:D AU.CY. HA vINe THEREON EREC"P ^ ONt: AND ON~fl^"'F STORY 1i1lAM:t OWEu..lN(; HOUSE, NO. 11. WEST M^~8". STRUT. MECHANICSBURG. PENNSYLVANIA.. VadD'! IWfI)mtaticJJ: VCSled by: Special Warranly Deed dated 41'16101 . gi\lell by Peter Y. Mac:k lUId Sbaro. L. ft1xk,. bit wif, ~ Mklt&el S. 8eblJlal and Oirlttlu A.. Itlltn... hit w~ recot'de4 -411...1 ilI800k: W h&e 1110O PREMISES BEING: 210 WEST MARBLE, MECHANICS BURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT . '" COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-2943 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWMBS 2004-Rl, Plaintiff (s) From MICHAEL S. BEHMAN AND CHRISTINE A. BERMAN (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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $126,896.21 L.L. Interest FROM 7/26/05 TO 6/7106 (PER DIEM - $20.86) - $6,591.76 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $145.90 Other Costs ATTORNEY FEES & COSTS - $3,982.00 Plaintiff Paid Date: JANUARY 10, 2006 (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 36 On February 14,2006 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 210 West Marble Street, Mechanicsburg, more fully described on Exhibit "A" Date: February 14,2006 By: JLci'*~-t~ ReallUtate Sergeant ~ ~ ~ ~ filed with this writ and by this reference incorporated herein. b I :b 'V 8 I NVr qOOl 'V'd 'AHWOJ ONV'H:L38Wn:J .:I.:J1~3HS 3Hl .:10 3:JL:I.:10 .. ,4 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of April and the 3rd day(s) of May 2006. That neither he 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 he 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 S ALE #36 Sworn to and s CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~.. ...... .... " PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SSe 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: April 7, 14,21,2006 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. SWORN TO AND SUBSCRIBED before me this 21 day of April, 2006 to::',' "I: ;)L.;,.L Le'''' ~ \ i.....q:;" 'I ~,.rv .....hlic l r:. I r ,CUllY' j Co:,r'v i \; ~., :,,~. ; \~,> I'~ r \,0 ~r..,;;~:I'''''-1<1.,;,..~~'fIoo..J!.",_,::,:.:,,;;,.._II'.-._ailI;u.!',''~'''lMlIIM~'''''~ REAL DTATJ: SALI!: NO. 36 Writ No. 2005-2943 CMI Bank of New York as Trustee for the Certificate Holders of CWMBS 2004-Rl vs. Michael S. Behman and Christine A. Behman Atty.: Daniel Schmieg Legal Description: (As shown on Mortgage) The land referred to in this com- mitment is described as follows: AIL TIiAT CERTAIN lot of ground situate on the north side of West Marble Street in the Fifth Ward of the Borough of Mechanicsburg. County of Cumberland and State of Pennsylvania. bounded and de- scribed as follows. to wit: BOUNDED on the south by West Marble Street; on the west by land now or formerly of Orville V. Lehmer and Eleanor F. Lehmer, his wife; on the north by a proposed alley; and on the east by Hummel Alley; hav- ing a frontage of 50 feet on said Marble Street, and extending of the same width 150 feet northward to said proposed alley. HAVING THEREON ERECfED a one and one-half story frame dwell- ing house. No. 210 West Marble Street. Mechanicsburg. Pennsylva- nia. Vesting Information: Vested by: Special Warranty Dead dated 4/16/01, given by Pe- ter F. Mack and Sharon L. Mack. his wife to Michael S. Behman and Christine A. Behman. his wife re- corded 4/18/01 in Book: 242 Page 1000. PREMISES BEING: 2 lOWEST MARBLE, MECHANICSBURG, PA 17055.