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Home My WebLink About06-1437 GOLDBECK McCAFFERTY & McKEEVER By: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, P A 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste, 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs, LUTHER DARHOWER Mortgagor and Real Owner 4201 Carlisle Road Gardners, P A 17324 Defendant Term No. 0(., -I Li2/T C. ;u:L '--- CIVIL ACTION: MOFl"G/'-'3". 1 ~ r=O~ECI.Of'\IIAF 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 the 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 claim in the Complaint of for any other claim or relief requested by the Plaintiff, You may lose money or property or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PAl 70 I 3 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 A VISO LE HAN DEMANDADO A USTED EN LA CORTE, SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTADEMANDA Y AVISO, PARA DEFENDERSE ES NECESSARIO QUE USTED, 0 SU ABOGADO, REGlSTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN EST A DEMANDA. , RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PART1CIPAC10N, ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE EST A DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS 1MPORTANTES, USTED DEBE LLEV AR ESTE P APEL A SU ABOGADO ENSEGUIDA. S1 USTED NO TIENE UN ABOGADO, VA Y A 0 LLAME POR TELEFONO LA OF1CINA FIJADA AQUI ABAJO, EST A OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO, SI USTED NO PUEDE P AGARLE A UN ABOGADO, EST A OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO 0 GRATIS, LEGAL SERVICES INC 8 Irvine Row Carlisle, P A 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, P A 17013 800-990-9108 TillS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE, I), Call an attorney, For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or 800-990-9108, 2), Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling, 3), Visit HUD'S website www,hud,govforHelp for Homeowners Facing the Loss of Their Homes, 4), Call the Plaintiff (your lender) at 651-234-3785 and ask to speak to someone about Loss Mitigation or Home Retention options, 5), Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package, Call Beth at 215-825-6329 or fax 215-825-6429, The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information, The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418, Please reference our Attorney File Number of EMC-1063, Para informacion en espanol puede communicarse con Loretta aI215-825-6344, This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICA TEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, 1270 Northland Drive, Ste, 200, Mendota Heights, MN 55120, 2, The name and address of the Defendant is LUTHER DARHOWER, 426 S. Baltimore Avenue, Mount Holly Springs, PA 17065-1025, who is the mortgagor and real owner of the mortgaged premises hereinafter described, 3, On March 4, 2004 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to AAMES FUNDING CORPORATION D/B/A AAMES HOME LOAN, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1856, Page 1295, The mortgage has been assigned to LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 by assignment of Mortgage, which assignment is lodged for recording, The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1 019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record, 4, The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"), 5, The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July 1,2005, and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due and other charges are due and collectible, 6, The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 06/01/2005 through 03/31/2006 at 8,5600% Per Diem interest rate at $13,84 Reasonable Attomey's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 07/01/2005 to 03/31/2006 Costs of suit and Title Search Escrow Advance Recoverable Balance $59,001.96 $4,207.36 $2,950.1 0 $532,93 $900,00 $2,641.51 $164,51 $70,398.37 7, If the Mortgage is reinstated prior to a Sheriffs Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed, The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law, Plaintiff reserves its right to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action, 8, Plaintiff is not seeking a judgment of personal liability (or and "in personam" judgment) against the Defendant in this Action but reserves it's right to bring a separate Action to establish that right, if such right exists, If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law, 9, Notice ofIntention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B", The Defendant has not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency, WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $70,398.37, together with interest at the rate of $13,84, per day and other expenses costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mo gage and eriff's Sale ofthe Property, . J G cKEEVER UlRE By: VERIFICATION I, , as the representative ofthe Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, I Wlderstand that false statements therein are made subject to the penalties of 18 Pa, C.S, 4904 relating to unsworn falsification to authorities, Date: '3 - I "2,'~ V*' ..fLl;1!lItCllada.lnCtotllmd with tM~__ ~."in Di,,&.;,,- ~p, C--"""'-' Co1Ial;y, ~ fIoanded IDd ~ibed in ~ willi . 0SIlIiIl PIaa1 PIc b: Dtm:Il w. ma.. by MIlk Ala IC:aatI" Jeat.\ ~ P1~' UII L8ll SlnqIor, c1ItIcI J--r 1'7, IlI9l. 11I4 nMIed ClIlI pebnIay 14, 1991 mI :MIIrob 7. 1m, D....-..q '13-110, anI '1", at_ pep"a 0GlliJ' otwtlicll II J'OCIIrdcld III ~.,,~ ..t..ol CoIIIlly P1ID Boot f3 at1'ap 24. ..11....._ I I bInla byrdn:lce... filIloWl. tc) wit: lI6G1NNIM1l1t a paIlIt ll"I~QIloft1la ~.,- ofCctislo __ (StIIID lklad iIClO34) .... ~ RoI4 (J: "..IIIl.. 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Ibeml:e by _1lIIIIIS __ or Imnldy of Staley R.cldley SouIIt 83 " J. - 43 ...... ~ 2S "w-.l.:s.t 100.24..... ~ ot1'inlothy a. -"-t - 10 & CIDNlnItAI 'tJI)o~~n~ at liDo or.... _ 01' filrmedy ol'11mDt!v- a. B.nIuo et 1tL (Lot 12 Df din.l4 l'1m); 11axlc by lIllid II1lCIIlllIW tbla SoadI lit It ... .... th1............. 25..0 ... c1iIIIIId a- or 011 ~..__ II3l1f~....23.fauka20" ...,. "32BJl9 kill............ d>>CIIlIof -_of~ac....J;'- _ a.-_ltaIllII.uil8llt IS .._ 16 ...1'1 ~ OS _~ w. 2I4.~" ...... .....-11110 olOoocl,.- RaId Nonb IIIId :PJ-of.IIBGJJCNDtG. lIa 1bo ~ ot'CIdisJo.....1bo paint W. f!J)rl~AININf; 1.34$ .... ... or.. d bdlw all <<Lot No. 1 011 pia iIr ~ .s'.UDp.....-rtt bowa ID4 ..... ~cn4. 4201 ..........-. >>-.11 __I _G--._, PA, 1'7324. ~lii6it (]3 ACT 91 NOTICE DATE OF NOTICE: November 14, 2005 TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. This is an official notice that the mortg;age on your home is in default. and the lender intends to foreclose, Specific information about the nature of the default is provided in the attached pages, The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) may be able to help to save your home, This Notice explains how the pro!!J'am works, To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE, Take this Notice with you when yOU meet with the Counseling Agency, The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice, If you have any questions, yOU may call the Pennsylvania Housin~ Finance Agency toll free at 1-800-342-2397, (Persons with impaired hearing can call (717) 780-1869,) This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact any attorney in your area, The local bar association may be able to help you find a lawyer. La notificacion en adjunto es de suma importancia, pues afecta su derecho a continuar viviendo en su casa, Si no comprende el contenido de esta notification obtenga una traduccion immediatamente llamanda esta agencia (Pennsylvania Housing Finance Agency) sin cargos al numero mencionada arriba. Puedes ser elegible para un prestamo por el programa llamado "Homeowner's Emergency Mortgage Assistance Program" el cual puede salvar su casa de la perdida del derecho a redimir su hipoteca, Prepared by: GOLDBECK McCAFFERTY & McKEEVER Suite 5000 - Mellon Independence Center. 701 Market Street Philadelphia, PA 19106 Fax (215) 627-7734 1 Date: November 14, 2005 Homeowners Name: LUTHER DARHOWER Property Address: 4201 Carlisle Road, Gardners, PA 17324 Loan Account No,: 0009852682 Original Lender: AAMES FUNDING CORPORATION DBA AAMES HOME LOAN Current LenderlServicer: EMC FIDELITY NATIONAL FORECLOSURE SOLUTIONS HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYL VANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice, During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DA TE, THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting, The names. addresses and telephone numbers of designated consumer credit counseling agencies for the countv in which the propertv is located are set 2 forth at the end of this Notice, It is only necessary to schedule one face-to-face meeting, Advise your lender immediately of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one ofthe designated consumer credit counseling agencies listed at the end of this Notice, Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency, Your application MUST be filed or postmarked within thirty (30) days of your fact-to-face meeting, YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited, They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application, During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above, You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application, NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emer~ency Mort~a~e Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 4201 Carlisle Road, Gardners, PA 17324 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 (a) Monthly payment from 07/0112005 thm 11114/2005 (5 mos, at $460.23/month) $2,301.15 (b) Late charges (c) Other charges; Escrow, Inspec" NSF Checks (d) Other provisions ofthe mortgage obligation, if any (e) TOTAL AMOUNT REQUIRED AS OF THIS DATE: $2,301.15 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date ofthis notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 2.301.15 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD, Pavments must be made either bv cashier's check. certified check or monev order made pavable and sent to: EMC MORTGAGE CORP. LOSS MITIGA nON DEPARTMENT 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rie:hts to accelerate the morte:ae:e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments, If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon vour morte:ae:ed property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender brings legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50,00, However, iflegal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50,00, Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs, If YOU cure the default within the THIRTY (30) DAY period, you will not be reQuired to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage, RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, vou still have the right to cure the default and prevent the sale at any time UP to one hour before the Sheriff's Sale, You may do so bv paving the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and anv other costs connected with the Sheriff's Sale as specified in writing bv the lender and bv performing any other requirements 4 under the mortgage, Curing your default iu the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale ofthe mortgaged property could be held would be approximately four (4) to six (6) months from the date ofthis Notice, A notice of the actual date of the Sheriffs Sale will be sent to you before the sale, Of course, the amount needed to cure the default will increase the longer you wait, You may find out at any time exactly what the required payment or action will by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: EMC MORTGAGE CORP, Address: 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Phone Number: 888-577-4011x3202 Contact: Loss Mitigation Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time, ASSUMPTION OF MORTGAGE - You may sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied, YOU MAY ALSO HAVE THE RIGHT: * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT, * TO HAVE THIS DEFAULT CURED BY ANY THlRD PARTY ACTING ON YOUR BEHALF, * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEF AUL T MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) 5 * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS, * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, Contact: Loss Mitigation Department Phone Number: 888-577-4011 x3202 6 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY AMERICAN RED CROSS-HANOVER CHAPTER 529 Carlisle Street Hanover, PA 17331 (7\7)637-3768 FAX (717) 637-3768 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 CCCS OF WESTERN PA 2000 Linglestown Road Harrisburg, P A 17102 (717) 541-1757 ADAMS COUNTY HOUSING AUTHORITY 139- I 43 Carlisle Street Gettysburg, P A 17325 (717) 334-1518 FAX (717) 334-8326 (:) i4 P If\ B 'It- 1.- <n. ,} } '/-...l <II. ~ V'\. ~ l0 ~ VI ~ r- - "\:t () E +- ---L. ~~-------- In the Court of Common Pleas of Cumberland County LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste, 200 Mendota Heights, MN 55120 Plaintiff vs. No. 06-1437 LUTHER DARHOWER (Mortgagor(s) and Record Owner(s)) 420 I Carlisle Road Gardners, P A 17324 Defendant(s) PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT, Enter the Judgment in favor of Plaintiff and against LUTHER DARHOWER by default for want of an Answer, Assess damages as follows: Debt $70,744,37 Interest - 06/01/2005 to 04/25/2006 Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or d ve ed to the party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred nd least ten days prior to the date of the filing ofthis praecipe, A copy of the notice is attached, R,C,P, 237,1 AND NOW ~/l..i: l J...t , :Jf)() b , Judgment is entered in favor of LASALLE BANK NA 0 AL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 and against LUTHER DARHOWER by default for want of an Answer and damages assessed in the sum of$70,744,37 as per the above certification. .~ .~ Proth~ry ~ 7 EMC-I063 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT, DATE OF THIS NOTICE: April 13, 2006 TO: LUTHER DARHOWER 420 I Carlisle Road Gardners, PA 17324 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights. MN 55120 In the Court of Common Pleas of Cumberland County Plaintiff CIVIL ACTION - LAW ',Is. LUTHER DARHOWER (Mortgagor(s) and Record Ownel~s)) 420 I Carlisle Road Gardners, PA 17324 Action of Mortgage Foreclosure Term No, 06-1437 Defendant(s} TO: LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 IMPORTANT NOTTCR YOU ARE IN DEF AUL T 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 (10) 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Libelty Avenue Carlisle. P A ] 70 13 800-990-9108 JOl;e~6 ~ (jofi{{JrCK;. Jr GOLDBE K McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq, Attorney for Plaintiff Suite 5000 - 70 I Market Street. Philadelphia, P A 19106 215-825-6318 Rule of Civil Procedure No, 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste, 200 Mendota Heights, MN 55120 Plaintiff No, 06-1437 vs, LUTHER DARROWER (Mortgagors and Record Owner(s)) 420 I Carlisle Road Gardners, PA 17324 Defendant( s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT, NOTICE Notice is given that a judgment in the above-captioned BY' 'rr Deputy If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non- Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa, C,S, 4904 relating to unsworn falsification to authorities, 1, That the above named Defendant, LUTHER DARHOWER, is about unknown years of age, that Defendant's last known residence is 4201 Carlisle Road, Gardners, PA 17324, and is engaged in the unknown business located at unknown address, 2, That Defendant is not in the Military or Naval Service of the Uni ted States or its Allies, or otherwise wi thin the provisions of the Soldiers' and Sailors' civil Relief Action of Congress of 1940 and its Amendments, Date: ~~'(rV GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A, Goldbeck, Jr. Attorney I.D, #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES ILLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 Plaintiff vs, LUTHER DARHOWER (Mortgagor(.) and Record owner(s)) 4201 Carlisle Road Gardners, PA 17324 Defendant( s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No, 06-1437 ORDER FOR JUDGMENT Please enter Judgment in favor of LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, and against LUTHER DARHOWER for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant is the it d States of America) from the date of service of the Complaint, in the sum of $70,744.37, I hereby certify that the above names are correct and that the precise residence address of the judgment creditor is LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004- HE5 1270 Northland Drive, Ste, 200 Mendota Heights, MN 55120 and that the name(s) and last known addressees) of the Defendant(s) is/are LUTHER DARHOWER, 4 Carlisle Road Gardners, PA 17324; cCAFFERTY & McKEEVER BY: Joseph oldbeck, Jf. Attorney for Plaintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $59,001.96 Interest from 06/01/2005 through $4,553,36 04/25/2006 Reasonable Attorney's Fee $2,950,10 Late Charges $532,93 Costs of Suit and Title Search $900,00 Escrow Advance $2,641.51 Recoverable Balance $164.51 Total $70,744,37 GOLDBEC McC FERTY & McKEEVER BY: Joseph A, dbeck, Jr, Attorney for Plaintiff AND NOW, this ;2.?f-~ay of {)PI2-( L ,2006 damages are assessed as above, 1~ Pro Pro~ . C:: N c tt +- f ~ ~ ~ 'lJ G.J ~---c ,---.., o 7' ~ -tC.. 4.) ( ~ C\J ~ r ~f- '--'- r-' c) ,':~ -r1 (] S:)? .-! C ~- ~ ~,\\ <;:1,) r'~ c.G "'" s ,..., co . PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P,R,C,P 3180-3183 . Joseph A. Goldbeck, Jr, Attorneyl.D,#16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste, 200 Mendola Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs, ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER Mortgagor(.) and Record Owner(.) 4201 Carlisle Road Gardners, P A 17324 No, 06-1437 Defendant( s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $70,744,37 Interest from 06/01/2005 to 04/25/2006 at 8,5600% (Costs to be added) GOLDBE BY: Joseph , oldbeck, Jr. Attorney for Plaintiff ?CJ C r g? ~ r ~, +- If ~ ~ \.) ?f21. ~ - CI) ...:::t ~ ...:t ~ ~ --0 ~ D ~~ - , , V( \) t 10 (~ ;- ~ ~ ~ 90~~~<; ~~~'Cj~~ I \ \ \ \ -J ... ,-- rr -- ~~--~~ :. :. -: :.. f;ft:- ~ .~~ ~:::-' 0...... ..-i ..,- ~~. fh ;i.j r<) CO .. -' .- -s .' r-:> CO ~ .... ~ ~ ~ .-~ ",0 g-;,U ,,"" \iOO ...00 ~~ g U ~ ,.. ~ \;i "'~'" ..(<T/Jv; .Il-l <Il-l ~>'IV::I: 8'O::l'" ~tJ)~g _~tr.lM VIl-lIl-l'" Op....1l-l ~a~ffi <:r:;:J", ~wv . ..;,..Il-l'" z<",1l-l o8,pt: .......;IlU ~-~- Z~~;:: ~tl>'l~ ~~\;itl >'10",,... ..."'.... ;:J1l-l<~ ~1l-lt/lV ..;t-<'ij< ~;g,<>'I ~~;>l ... if' oj, :> ~ ~ ~ ~ \) I'd ll-lo.,,<1' ~"'Cl~~ o s~s: ;,S~-< <~.....~ o <d ~ 00 >t. a v\) Il-l~"" d ca~o-o ~'6n;; ;:J 0lJ<1' (;) ~11 1:: o :::0 ~ ~ ;;;l v ~~ .... '" \00.2 oil ... ~~ ~t: \00" .... e: u ~ ~ '" ~ , ~ " to t8 " " :.:g "" "" 0 ~-gzo:: ~ g,g"-~ ;o...1l)r.n<t<> t~"O~~ Q,l...... ~ ~t-- l: = '"" .... N esoi:d~1.O ~~:E~~ ~~O~N ,:;,elt--:E. ~g Pol -"'0 :Son c3 .~ J, ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Plan for Denzil W, Slusser by Mark Allen Kuntz, Registered Professional Land Surveyor, dated January 17,1991, and revised on February 14,1991 and March 7,1991, drawing #E-170, consisting of one page, a copy of which is recorded n Cumberland County Plan Book 63, page 24, and is incorporated herein by reference, as follows, to wit: . BEGINNING at a point at the intersections ofthe centerlines of Carlisle Road (State Road #0034) and Goodyear Road (Legislative Route #21030/State Route #3010), which point is the southwestern comer of the within described lot of ground; thence on and along the centerline of Carlisle Road, north 09 degrees 48 minutes 40 seconds west 127,82 feet to a point on the centerline of aforesaid Carlisle Road at line oflands now or formerly of Donald W, Barnhart; thence by said lands now or formerly of Donald W, Barnhart, and through an existing steel rod 17,12 feet distant from the beginning of this course, north 83 degrees 42 minutes 20 seconds east 216,73 feet to an existing steel rod; thence continuing by said lands now or formerly of Donald W, Barhart and by lands now or formerly of the Department of Housing and Urban Development and lands now or formerly of Veterans Affairs Administration north 09 degrees 51 minutes 40 seconds west, 168,66 feet to an existing axle at line oflands now or formerly of Stanley Rockey; thence by said lands now or formerly of Stanley Rocker south 83 degrees 43 minutes 25 seconds east 100,24 feet to a concrete monument at line oflands now or formerly of Timothy R. Barnhart et ux, (lot #2 of aforesaid plan); thence by said lands now or formerly of Timothy R, Barnhart et ux" and through a reber set 25,0 feet distant from the end of this course, south 03 degrees 23 minutes 20 seconds east 328,99 feet to Parker Kalon nail set on the centerline of Goodyear Road; thence on and along the centerline of Goodyear Road north 85 degrees 16 minutes 05 seconds west 284,82 feet to the centerline of Carlisle Road, the point lind place of beginning. CONTAINING 1,345 acres, more or less and being all of lot No, I on plan for Denzil W, Slusser, MUNICIPALITY: DICKINSON TOWNSHIP PROPERTY ADDRESS: 4201 CARLISLE ROAD, GARDNERS. P A 17324 TAX PARCEL #: 08-42-3281-022 "",1 WRIT OF EXECUTION andlor ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) NO 06-1437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITITES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff (s) From LUTHER DARHOWER (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 narned garnishee, you are directed to notify himlher that helshe has been added as a garnishee and is enjoined as above stated, Amount Due $70,744.37 Interest FROM 6/1105 TO 4/25/06 AT 8.5600% L.L. $.50 Atty's Conun % Due Prothy $1.00 Other Costs Atty Paid $119.68 Plaintiff Paid Date: APRIL 28, 2006 ~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQmRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SmTE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIDA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ill No, 16132 Goldbeck McCafferty & McKeever "BY: Joseph A, Goldbeck, Jr, Attorney 1.D, #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICA TEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste, 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER (Mortgagor(s) and Record Owner(s)) 4201 Carlisle Road Gardners, P A 17324 No, 06-1437 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 420 I Carlisle Road Gardners, P A 17324 1 ,Name and address of Owner(s) or Reputed Owner(s): LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 2, Name and address of Defendant(s) in the judgment: LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg, - Room 432 P.O, Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 4, Name and address of the last recorded holder of every mortgage of record: '. . AAMES FUNDING CORPORA nON DIBI A AAMES HOME LOAN 350 South Grand Avenue, 42nd Floor Los Angeles, CA 90071 5, Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale, 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. TENANTSIOCCUP ANTS 4201 Carlisle Road Gardners, PA 17324 (attach separate sheet ifmore space is needed) I veritY that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to authorities. DATED: April 25, 2006 cC FERTY & McKEEVER BY: Joseph A. 0 dbeck, Jr., Esq, Attorney for Plaintiff r-' r'~~ (::J ':f1 L;..:-) '.:..J~' "'. ::--..:; ';'~~) 1"'-) (:'0 ;.-~, C,'"? ~:~;~ "--,., i"',:; :< C0 06-1437 ,. .. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A, Goldbeck, Jr, Attorney I.D,#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF IN THE COURT OF COMMON PLEAS BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES of Cumberland County 2004-HE5 1270 Northland Drive, Ste, 200 Mendota Heights, MN 55120 CIVIL ACTION - LAW Plaintiff vs, ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER Mortgagor(s) and Record Owner(s) Term No, 06-1437 420 I Carlisle Road Gardners, P A 17324 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DARHOWER, LUTHER LUTHER DARHOWER 4201 Carlisle Road Gardners, PA 17324 Your house at 4201 Carlisle Road, Gardner., P A 17324 is scheduled to be sold at Sheriffs Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FI. Courthouse to enforce the court judgment of $70,744,37 obtained by I.ASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES [ LLC ASSET BACKED CERTlFICATES, SERIES 2004-HE5 against you, NOTICE OF OWNER'S RIGHTS YOU MAYBE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: -- 06-1437 ,. . 1. The sale will be cancelled if you pay to LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICA TEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, the back payments, late charges, costs and reasonable attorney's fees due, To find out how much you must pay call: 215-627-1322 2, You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT TAKE PLACE, I, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of Cumberland County at 717-240-6390, 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 the Sheriff of Cumberland County at 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer, At that time, the buyer may bring legal proceedings to evict you, 6, You may be entitled to a share of the money which was paid for your house, A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed, 7, You may also have other rights and defenses, or ways of getting your house 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, LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, P A 17013 CJ \.=:; -'t)'> n"\{! ,..." c::? (;:::1 co' "'"' ~) ;N r--' co h . ~i4 ~ ~T' f\l .."1 s: N CO SHERIFF'S RETURN - REGULAR CASE NO: 2006-01437 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND LASALLE BANK NATIONAL ASSOCIAT VS DARHOWER LUTHER MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DARHOWER LUTHER the DEFENDANT , at 1444:00 HOURS, on the 23rd day of March , 2006 at 4201 CARLISLE ROAD GARDNERS, PA 17324 by handing to LUTHER DARHOWER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof, Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9,68 ,00 10.00 .00 37,68 So Answers: r~/~ R, Thomas Kline Sworn and Subscribed to before 03/27/2006 GOLDBECK MCCAFFERTY MCKEEVER By: %<.-<,P< ~_.e ~riff me this /f4<t- day of ~ J..o-M~ A,D, Prothonotary '" ., PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County Plaintiff CIVIL ACTION - LAW vs. ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER Mortgagor(s) and Record Owner(s) 4201 Carlisle Road Gardners, PA 17324 No. 06-1437 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due $70,744.37 Interest from 06/0112005 to 04/25/2006 at 8.5600% (Costs to be added) GOLDBEC BY: Joseph . Goldbeck, Jr. Attorney for Plaintiff ~ rJ)r;t.rJ) <<.~~ ~~ ~ ~ 7<0 U I -< ....~d~ ~ ~rJ)"""O .... .....;;..irJ)N ~ C~~rJ) ~ ~9~~ ~ ~g~~ ~~ ~~~tt5 ~u 7<<.rJ)~ .;, ~..b~ o~~< ;> ~o.o ~~~~ z~ <~ue:: :Jo ~e~~ u ~~~e ~ co~~~ .... p;)p;)<'~ i-' d~rJ)u ~ <,rJ)~< rJ)O CO <.~ ,...:lr--~ rJ) ~ o uJ:z: Qc' \.1- -i-- \J-~-f::-.-. ( -~-, 1..-' c: tOO- ;:;dw U-fE U- o CT\ - - N ::c w- o ('0 (.... :::s d ....0 = = ~ ~--~- G~ : ~ ~ '" -:d~' ~--- ~ f \ ~ ~ ;; a ~~ti~ "0)- C)- -;::::: ~ lU ~~ .:t ~O~N ~~o<'" O~~~ ~~]~ A~tai ~ (Il u lU ~~-.a o::,\::,Ota r-- ~~~ 3~ ;g 6 ':l =:5 (.) z S S u ~e ~= ~! oe i~ ~ ~Cl ~ o ~ ~ - \ ~~ ~lIi ....... .... .. .... - I ~ . ~ c -- -e- . ........ ~ t ""~ lU lU tu N lUlU <'" ~ u ~ ~= - ~~~..b ....5iUe~ ...... (:l.o~ 0\ <'" ~ iU ..,. - _ l:.~3<'~ iU~_~N ~g~lf'9 u:=~~~ ~ ~ 0 ,BoN ~~r-~ ~ \ tll 18 :E "d~ ~ "S lU ~.;: ~ ~ 1 v Jl -I- , ~ o " - ~ ~ ~ ~ c:- ~ ~ - rl 'tit cl - c ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Plan for Denzil W. Slusser by Mark Allen Kuntz, Registered Professional Land Surveyor, dated January 17, 1991, and revised on February 14, 1991 and March 7, 1991, drawing #E-170, consisting of one page, a copy of which is recorded n Cumberland County Plan Book 63, page 24, and is incorporated herein by reference, as follows, to wit: BEGINNING at a point at the intersections ofthe centerlines of Carlisle Road (State Road #0034) and Goodyear Road (Legislative Route #21030/State Route #3010), which point is the southwestern comer of the within described lot of ground; thence on and along the centerline of Carlisle Road, north 09 degrees 48 minutes 40 seconds west 127.82 feet to a point on the centerline of aforesaid Carlisle Road at line of lands now or formerly of Donald W, Barnhart; thence by said lands now or formerly of Donald W. Barnhart, and through an existing steel rod 17,12 feet distant from the beginning of this course, north 83 degrees 42 minutes 20 seconds east 216,73 feet to an existing steel rod; thence continuing by said lands now or formerly of Donald W. Barhart and by lands now or formerly of the Department of Housing and Urban Development and lands now or formerly of Veterans Affairs Administration north 09 degrees 51 minutes 40 seconds west, 168.66 feet to an existing axle at line of lands now or formerly of Stanley Rockey; thence by said lands now or formerly of Stanley Rocker south 83 degrees 43 minutes 25 seconds east 100.24 feet to a concrete monument at line of lands now or formerly of Timothy R. Barnhart et ux. (lot #2 of aforesaid plan); thence by said lands now or formerly of Timothy R. Barnhart et ux., and through a reber set 25.0 feet distant from the end of this course, south 03 degrees 23 minutes 20 seconds east 328,99 feet to Parker Kalon nail set on the centerline of Goodyear Road; thence on and along the centerline of Goodyear Road north 85 degrees 16 minutes 05 seconds west 284.82 feet to the centerline of Carlisle Road, the point and place of beginning. CONTAINING 1,345 acres, more or less and being all oflot No.1 on plan for Denzil W, Slusser. MUNICIPALITY: DICKINSON TOWNSHIP PROPERTY ADDRESS: 4201 CARLISLE ROAD, GARDNERS, PA 17324 TAX PARCEL #: 08-42-3281-022 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 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKEDSECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff (s) From LUTHER DARROWER NO 06-1437 Civil CIVIL ACTION - LAW (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) 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,744.37 Interest FROM 6/1/05 TO 4/25/06 AT 8.56.00% Atty's Comm % Atty Paid $1090.54 Plaintiff Paid Date: AUGUST 30, 2006 L.L. Due Prothy $1.00 Other Costs (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Goldbeck McCafferty & McKeever c BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CNIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER (Mortgagor(s) and Record Owner(s)) 420 I Carlisle Road Gardners, P A 17324 No. 06-1437 Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 4201 Carlisle Road Gardners, P A 17324 l.Name and address ofOwner(s) or Reputed Owner(s): LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 2. Name and address ofDefendant(s) in the judgment: LUTHERDARHOWER 4201 Carlisle Road Gardners, P A 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 ,. t '4. Name and address of the last recorded holder of every mortgage of record: AAMES FUNDING CORPORATION D/B/A AAMES HOME LOAN 350 South Grand Avenue, 42nd Floor Los Angeles, CA 90071 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 420 I Carlisle Road Gardners, P A 17324 (attach separate sheet ifmore space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: August 18. 2006 GOLDB BY: Jose A. Goldbeck, Jr., Esq. Attorney for Plaintiff '" 9 ':..~-;, r-' <;";;:::> (:::;;> c:r- ~ G~) (." c> \. . ), Q. ..-\ :'C"1"'. \"\\ r: -0 t!J, ---"ny' ;"~1 1-. '::,1.;2 "i~~ .~ ;::" ~ ~ r;? - ~ ....0 . 06-1437 .- GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney l.D.#16132 Suite 5000- Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF IN THE COURT OF COMMON PLEAS BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES of Cumberland County 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 CNIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER Mortgagor(s) and Record Owner(s) Term No. 06-1437 420 I Carlisle Road Gardners, P A 17324 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DARHOWER, LUTHER LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 Your house at 420 I Carlisle Road, Gardners, P A 17324 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of$70,744.37 obtained by LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: .. ... 06-1437 1. The sale will be cancelled if you pay to LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICA TEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627-1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of Cumberland County at 717-240-6390. 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 frod out if this has happened, you may call the Sheriff of Cumberland County at 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty A venue Carlisle, PA 17013 Q <;"-0;.: ,...., = = Cl"' ~ G'"J C...) o ~ :1.,., fnp -0 rr: u9 "~:.:~1 ~). '- -ll ;:~O .'~{T1 S J:> ~ -'0 r:-? .r:- \..0 LaSalle Bank National Association et al VS Luther Darhower In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1437 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Joseph Goldbeck. Sheriffs Costs: Docketing Surcharge Prothonotary Law Library Poundage Advertising Levy Posting Handbills Mileage Share of Bills Patriot News Law Journal 30.00 20.00 1.00 .50 18.79 15.00 15.00 15.00 10.56 19.31 420.20 393.00 $ 958.36 >/ ~ ~~-u R. Thomas Kline, Sheriff ~/ODlcl.. }. ~-o ('k.. 5$:2'17 ~. /'1;)2V9 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITlTES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff (s) From LUTHER DARROWER (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,744.37 Interest FROM 6/1/05 TO 4/25/06 AT 8.5600% L.L. $.50 Atty's Comm % Atty Paid $119.68 Plaintiff Paid Date: APRIL 28, 2006 Due Prothy $1.00 Other Costs ~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIDA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 30 On May 17, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 4201 Carlisle Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 17, 2006 By: (J cYL c;1I1/ t~ ReaIE~~ S'e~eant SE :b V S- AvH qUUl .~ ~ ~ c::::;:I ~ [!:!!J:tI e9 , ,:' jj.'.c" \../d t)."j (~l ~U") ~Jl'~ <, l(,i;,:,civ";i iJ :.l.:H(j3HS 3Hl JO 3JI.:l.:lO , ' . ~ Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 70 I Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER (Mortgagor(s) and Record Owner(s)) 420 I Carlisle Road Gardners, P A 17324 No. 06-1437 Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURlTIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 420 I Carlisle Road Gardners, P A 17324 l.Name and address ofOwner(s) or Reputed Owner(s): LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 2. Name and address of Defendant(s) in the judgment: LUTHER DARHOWER 420 I Carlisle Road Gardners, P A 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to bc sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 4. Name and address of the last recorded holder of every mortgage of record: t AAMES FUNDING CORPORATION D/B/A AAMES HOME LOAN 350 South Grand Avenue, 42nd Floor Los Angeles, CA 90071 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUP ANTS 4201 Carlisle Road Gardners, P A 17324 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. cC FERTY & McKEEVER BY: Joseph A. 0 dbeck, Jr., Esq. Attorney for Plaintiff DATED: April 25, 2006 .tl~ . , I 06-1437 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF IN THE COURT OF COMMON PLEAS BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES of Cumberland County 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 CIVIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER Mortgagor(s) and Record Owner(s) Term No. 06-1437 420 I Carlisle Road Gardners, P A 17324 Defendant(s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DARHOWER. LUTHER LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 Your house at 4201 Carlisle Road, Gardners, P A 17324 is scheduled to be sold at Sheriff's Sale on Wednesday, September 06, 2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $70,744.37 obtained by LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFlCA TEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: i' . I , 06-1437 1. The sale will be cancelled if you pay to LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call: 215-627 -1322 2. You may be able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of Cumberland County at 717-240-6390. 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 the Sheriff of Cumberland County at 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 a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 CUMBERLAND COUNTY BAR ASSOClA nON 2 Liberty A venue Carlisle, P A 17013 ALL THAT CERTAIN tract ofland with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with a certain Final Plan for Denzil W. Slusser by Mark Allen Kuntz, Registered Professional Land Surveyor, dated January 17, 1991, and revised on February 14, 1991 and March 7, 1991, drawing #E-170, consisting of one page, a copy of which is recorded n Cumberland County Plan Book 63, page 24, and is incorporated herein by reference, as follows, to wit: BEGINNING at a point at the intersections of the centerlines of Carlisle Road (State Road #0034) and Goodyear Road (Legislative Route #21030/State Route #3010), which point is the southwestern comer of the within described lot of ground; thence on and along the centerline of Carlisle Road, north 09 degrees 48 minutes 40 seconds west 127.82 feet to a point on the centerline of aforesaid Carlisle Road at line of lands now or formerly of Donald W. Barnhart; thence by said lands now or formerly of Donald W. Barnhart, and through an existing steel rod 17.12 feet distant from the beginning of this course, north 83 degrees 42 minutes 20 seconds east 216.73 feet to an existing steel rod; thence continuing by said lands now or formerly of Donald W. Barhart and by lands now or formerly of the Department of Housing and Urban Development and lands now or formerly of Veterans Affairs Administration north 09 degrees 51 minutes 40 seconds west, 168.66 feet to an existing axle at line oflands now or formerly of Stanley Rockey; thence by said lands now or formerly of Stanley Rocker south 83 degrees 43 minutes 25 seconds east 100.24 feet to a concrete monument at line of lands now or formerly of Timothy R. Barnhart et ux. (lot #2 of aforesaid plan); thence by said lands now or formerly of Timothy R. Barnhart et ux., and through a reber set 25.0 feet distant from the end of this course, south 03 degrees 23 minutes 20 seconds east 328.99 feet to Parker Kalon nail set on the centerline of Goodyear Road; thence on and along the centerline of Goodyear Road north 85 degrees 16 minutes 05 seconds west 284.82 feet to the centerline of Carlisle Road, the point and place of beginning. CONTAINING 1,345 acres, more or less and being all of lot No. I on plan for Denzil W. Slusser. MUNICIPALITY: DICKINSON TOWNSHIP PROPERTY ADDRESS: 4201 CARLISLE ROAD, GARDNERS, PA 17324 TAX PARCEL #: 08-42-3281-022 . " ~ 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 July and the 2nd day(s) of August 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 #30 Sworn to and s s . CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~ ":. I: , 1- ,~t I ~l, ~ 'F: ..},' :.,1,' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEAL TH 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 luff! r>2L. 9 J'1 c2f I ~ot, 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. .J SWORN TO AND y~CRIBED before me this 025' day of ~ rJ.tJ()tLJ I d ~) ..I. -kYI/U ,,",,",~'c"'~ts;~',';L''''~ '" .~ REAL ESTATE SALE NO. 30 Writ No. 2006-1437 Civil LaSalle Bank National Association. as Trustee for Certificate Holders of Bear Steams Asset Backed Securities I LLC Asset Backed Certificates, Series 2004-HE5 vs. Luther Darhower Atty.: Joseph Goldbeck ALL THAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Town- ship, Cumberland County, Pennsyl- vania, bounded and described in accordance with a certain Final Plan for Denzil W. Slusser by Mark AIlen Kuntz, Registered Professional Land Surveyor, dated January 17, 1991. and revised on February 14, 1991 and March 7, 1991, drawing #E. 170. consisting of one page, a copy of which is recorded in Cumberland County Plan Book 63, page 24, and is incorporated herein by reference, as follows, to wit: BEGINNING at a point at the in- tersections of the centerlines of Carlisle Road (State Road #0034) and Goodyear Road (Legislative Route #21030jState Route #3010). which point is the southwestern corner of the within described lot of ground; thence on and along the centerline of Carlisle Road, north 09 degrees 48 minutes 40 seconds west 127.82 feet to a point on the centerline of aforesaid Carlisle Road at line of lands now or formerly of Donald W. Barnhart; thence by said lands now or formerly of Donald W. Barnhart. and through an existing steel rod 17.12 feet distant from the beginning of this course, north 83 degrees 42 minutes 20 seconds east 216.73 feet to an existing steel rod: thence continuing by said lands now or formerly of Donald W. Barhart and by lands now or formerly of the Department of Housing and Urban Development and lands now or for- merly of Veterans Affairs Adminis- tration north 09 degrees 51 min- utes 40 seconds west. 168.66 feet to an existing axle at line of lands now or formerly of Stanley Rockey; thence by said lands now or for- merly of Stanley Rocker south 83 degrees 43 minutes 25 seconds east 100.24 feet to a concrete monument at line of lands now or formerly of Timothy R. Barnhart et ux. Oot #2 of aforesaid plan); thence by said lands now or formerly of Timothy R. Barnhart et ux., and through a reber set 25.0 feet distant from the end of this course, south 03 degrees 23 minutes 20 seconds east 328.99 feet to Parker Kalon nail set on the centerline of Goodyear Road; thence on and along the centerline of Goodyear Road north 85 degrees 16 minutes 05 seconds west 284.82 feet to the centerline of Carlisle Road, the point and place of begin- ning. CONTAINING 1,345 acres, more or less and being all of lot No. 1 on plan for Denzil W. Slusser. MUNICIPALITY: Dickinson Town- ship. PROPERTY ADDRESS: 4201 Carlisle Road, Gardners. PA 17324. TAX PARCEL *: 08-42-3281-022. .... .. GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney l.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 Attorne for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 EMC-1063 CF: 03/14/2006 SD: 12/06/2006 $70,744.37 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. LUTHER DARHOWER Mortgagor(s) and Record Owner(s) Term No. 06-1437 4201 Carlisle Road Gardners, P A 17324 Defendant(s) CERTIFICATE OF SERVICE PURSUANT TO Pa.R.C.P. 3129.2 (c) (2) Joseph A. Goldbeck, Jr., Esquire, Attorney for Plaintiff, hereby certifies that service on the Defendants of the Notice of Sheriff Sale was made by: ()CJ Personal Service by the Sheriffs Offic&e8Mpet8Rt a8111t (copy ofretum attached). ( ) Certified mail by Joseph A. Goldbeck, Jr. (original green Postal return receipt attached). ( ) Certified mail by Sheriff's Office. ( ) Ordinary mail by Joseph A. Goldbeck, Jr., Esquire to Attorney for Defendant(s) of record (proof of mailing attached). ( ) Acknowledgment of Sheriff's Sale by Attorney for Defendant(s) (proof of acknowledgment attached). ( ) Ordinary mail by Sheriff's Office to Attorney for Defendant(s) of record. IF SERVICE WAS ACCOMPLISHED BY COURT ORDER. ( ) Premises was posted by Sheriff's Office/competent adult (copy of return attached). ( ) Certified Mail & ordinary mail by Sheriff's Office (copy of return attached). ( ) Certified Mail & ordinary mail by Joseph A. Goldbeck, Jr. (original receipt(s) for Certified Mail attached). Pursuant to the Affidavit under Rule 3129 (copy attached), service on all lienholders (if any) has been made by ordinary mail by Joseph A. Goldbeck, Jr., Esquire (copies of proofs of mailing attached). 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LaSalle Bank National Association, as Trustee For Certificate Holders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates Series 2004- HE5 VS Luther Darhower In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1437 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 22,2006 at 1715 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Luther Darhower, by making known unto Luther Darhower personally, at 770 South Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 16,2006 at 1911 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Luther Darhower located at 4201 Carlisle Road, Gardners, Cumberland County, 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 defendant, to wit: Luther Darhower, by regular mail to his last known address of770 S. Hanover Street, B-3, Carlisle, PA 17013. This letter was mailed under the date of October 10,2006 and never returned to the Sheriffs Office. So Answers: r~~ R. Thomas Kline, Sheriff -- . GOLDBECK McCAFFERTY & McKE.EVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6320 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE vs. LUTHER DARHOWER Mortgagor(s) and Record Owner(s) Term No. 06-1437 4201 Carlisle Road Gardners, P A 17324 Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 4201 Carlisle Road Gardners, P A 17324 l.Name and address of Owner(s) or Reputed Owner(s): LUTHER DARHOWER 4201 Carlisle Road Gardners, P A 17324 2. Name and address ofDefendant(s) in the judgment: LUTHER DARHOWER 420 I Carlisle Road Gardners, P A 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: P A DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 r . ) ~ DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: AAMES FUNDING CORPORATION D/B/A AAMES HOME LOAN 350 South Grand Avenue, 42nd Floor Los Angeles, CA 90071 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 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. TENANTS/OCCUPANTS 4201 Carlisle Road Gardners, P A 17324 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: November 20,2006 n c ~ "'0 OJ f'l}rn '-7.-n ~.;:: (J) ';'c> ;.(.,,;,. r;:U ~() ~?;;; :i ~ ~~ ~t? (:)0 3-.:!:i -0 ?~;:..;. ::J;: e'r1 r:? -\ {)'"I 1i o ~ <::::> .."1'" a :.r:. N a.> 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 Sheriffs Deed in which Bear Steams Asset Backed Securities I LLC Tr is the grantee the same having been sold to said grantee on the 6th day of Dec A.D., 2006, under and by virtue of a writ Execution issued on the 30th day of Aug, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Tenn, 2006 Number 1437, at the suit of Bear Steams Asset Backed Securities I LLC Tr against Luther Darhower is duly recorded in Deed Book No. 278, Page 767. C> E) I ~ \}l -.J IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this c2-r IY-c- , A.D. 2cJ7J6 day of ~~ >>----- Recorder of Deeds ~1ClOIdtr of Deads, Gumbe/iand 1"....... ,..-,. MyComnliwb, ExpirIa 118 ""'-~ -. PA r-._,oI_1OIO 'LaSalle Bank National Association, as Trustee For Certificate Holders of Bear Steams Asset Backed Securities I LLC Asset Backed Certificates Series 2004-HE5 VS Luther Darhower In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-1437 Civil Term Kenneth E. Gossert, Deputy Sheriff, who being duly sworn according to law, states that on September 22,2006 at 1715 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Luther Darhower, by making known unto Luther Darhower personally, at 770 South Hanover Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on October 16, 2006 at 1911 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Luther Darhower located at 4201 Carlisle Road, Gardners, Cumberland County, 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 defendant, to wit: Luther Darhower, by regular mail to his last known address of 770 S. Hanover Street, B-3, Carlisle, P A 17013. This letter was mailed under the date of October 10,2006 and never returned to the Sheriffs 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 December 6, 2006 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to attorney Joseph A. Goldbeck on behalf of LaSalle Bank National Association, As Trustee for Certificate Holders of Bear Steams Asset Backed Securities I LLC Asset Backed Certificates, Series 2004 HE-5. It being the highest bid and best price received for the same, LaSalle Bank National Association, As Trustee for Certificate Holders of Bear Steams Asset Backed Securities I LLC Asset Backed Certificates, Series 2004 HE-5 of909 Hidden Ridge Drive, Suite 200, Irving, TX 75038 being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$1160.86. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills 30.00 22.76 15.00 15.00 30.00 10.00 1.00 14.08 3.52 15.00 20.00 521.00 383.06 15.94 25.00 39.50 (\ $1160.86 <}\~ ~~ Distribution of Proceeds Sheriffs Deed R. Thomas Kline, Sheriff By\J~~~ Real Estate S rgeant Jee<d ~ :I> 00 ?PI'.oD 111 5/P" el?;tseD~ ~""I i Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney J.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, P A 19106-1532 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICA TEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LA W Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER (Mortgagor(s) and Record Owner(s)) 420 I Carlisle Road Gardners, PA 17324 No. 06-1437 Defendant( s) AFFIDAVIT PURSUANT TO RULE 3129 LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 4201 Carlisle Road Gardners, PA 17324 l.Name and address ofOwner(s) or Reputed Owner(s): LUTHER DARHOWER 420 I Carlisle Road Gardners, P A 17324 2. Name and address of Defendant(s) in the judgment: LUTHER DARHOWER 420 I Carlisle Road Gardners, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, P A 17013 L11 :ll diE 9nv QOOl ::if d 'A 1 t i; I J ~.):~., i ,~ j (,,/ L: .:lAI~3HS JHl jO J:JI.:L:iO 06-1437 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, P A 19106 215-627-1322 Attorney for Plaintiff LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF IN THE COURT OF COMMON PLEAS BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES of Cumberland County 2004-HE5 1270 Northland Drive, Ste. 200 Mendota Heights, MN 55120 CNIL ACTION - LAW Plaintiff vs. ACTION OF MORTGAGE FORECLOSURE LUTHER DARHOWER Mortgagor(s) and Record Owner(s) Term No. 06-1437 4201 Carlisle Road Gardners, P A 17324 Defendant( s THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: DARHOWER, LUTHER LUTHER DARHOWER 420 I Carlisle Road Gardners, PA 17324 Your house at 4201 Carlisle Road, Gardners, PA 17324 is scheduled to be sold at Sheriffs Sale on Wednesday, December 06,2006, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $70,744.37 obtained by LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: WRITwl1F EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1437 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKEDSECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5, Plaintiff (s) From LUTHER DARROWER (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) 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 hirn/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $70,744.37 Interest FROM 6/1/05 TO 4/25/06 AT 8.56.00% L.L. Atty's Comm % Atty Paid $1090.54 Plaintiff Paid Date: AUGUST 30, 2006 Due Prothy $1.00 Other Costs ~ (Seal) Prothonotary By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPIDA, PA 19106-1532 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court lD No. 16132 TRUE COPY FROM RECORD In TtIlImMIr whereof '''ere unto set lIlY'" --~~€~ Real Estate Sale # 60 On September 11, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, P A Known and numbered as 4201 Carlisle Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 11,2006 By: , \Jelu ~ Real E;t~{e Sergeant "- L 11 :ll d I [ 9nV qUOl 'Alh!l, ... . .:UW3HS :1l1 i '0 '::i-'i.Jid I. __l i_": ..JJ/_1.dC '#~ "-, &1 ". \ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16,1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, ,VIZ: October 20, October 27 and November 3, 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 3 day of November. 2006 N SEAL LOIS E. SNYDER, Notary Public Carlisle Bora, Cumberland County My Commission Expires March 5, 2009 Writ No. 2006-1437 CiVil laSalle Bank National Association. as Trustee for Certificate Holders of Bear Stearns Asset Backed Securities I LLC Asset Backed Certificates Series Z004-HE5 vs. Luther Darhower Atty.: Joseph Goldbeck ALL TIlAT CERTAIN tract of land with the improvements thereon erected, situate in Dickinson Town- ship. Cumberland County. Penns~l- . bounded and described III vanIa. inal Plan accordance with a certaIn F for Denzil W. Slusser by Mark Allen Kuntz Registered Professional Land . J 17 1991. Surveyor. dated anuary . and revised on February 14. 1991 and March 7. 1991, drawing #E- 170 consisting of one page, a copy of v.:hiCh is recorded in Cumberland County Plan Book 63. page 24. and is incorporated herein by reference. as follows. to wit: BEGINNING at a point at the in- tersections of the centerlines of Carlisle Road (State Road #0034) and Goodyear Road (Legislative Route #21030/State ~ ....-..- which pOint is the southwestem comer of the within described lot of ground; thence on and along the centerline of Carlisle Road. north 09 degrees 48 minutes 40 seconds west 127.82 feet to a point on the centerline of aforesaid Carlisle Road at line of lands now or formerly of Donald W. Barnhart; thence by said lands now or formerly of Donald W. Barnhart. and through an existing steel rod 17.12 feet distant from the beginning of t.his course. north 83 degrees 42 minutes 20 seconds east 216.73 feet to an existing steel rod; thence continuing by said lands now or formerly of Donald W. Barhart and by lands now or formerly of the Department of Housing and Urban Development and lands now or for- merly of Veterans Affairs Adminis- tration north 09 degrees 51 min- utes 40 seconds west. 168.66 feet to an existing axle at line of lands now or formerly of Stanley Rockey; thence by said lands now or for- merly of Stanley Rocker south 83 degrees 43 minutes 25 seconds east 100.24 feet to a concrete monument at line of lands now or formerly of Timothy R. Barnhart et ux. (lot #2 of aforesaid plan): thence by said lands now or formerly of Timothy R. Barnhart et ux.. and through a reber set 25.0 feet distant from the end of this course. south 03 degrees 23 minutes 20 seconds east 328.99 feet to Parker Kalon nail set on the centerline of Goodyear Road; thence on and along the centerline of Goodyear Road north 85 degrees 16 minutes 05 seconds west 284.82 feet to the centerline of Carlisle Road. the point and place of begin- ning. CONTAINING 1.345 acres, more or less and being all of Lot No. 1 on plan for Denzil W. Slusser. MUNICIPALITY: DICKINSON TOWNSHIP. PROPERTY ADDRESS: 4201 CARLISLE ROAD. GARDNERS. PA 17324. TAX PARCEL #: 08-42-3281-022. 1UtAL ESTATE &AL& MO. 80 .. 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 25th day(s) of October and the 1st and 8th day(s) of November 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 SALE #60 Sworn to and sub CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Assienment of Bid NO. 06-1437 -DARHOWER 4201 Carlisle Road Gardners, P A 17324 I, Joseph A. Goldbeck, Jr., Esquire, as attorney for the successful bidder, hereby assign my bid at the Sheriff Sale dated December 06, 2006 to: LASALLE BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CERTIFICATEHOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I LLC ASSET BACKED CERTIFICATES, SERIES 2004-HE5 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 GOLDBECK MCCAFFERTY & MCKEEVER ;;?'t~ JOSEPH A. GOLDBECK, JR. Date: December 8. 2006