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Home My WebLink About06-1578 ; PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW ABS 2004-02 7105 CORPORATE DRIVE PLANO, TX 75024 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OlP - ;5"7 g CM...J (~ v. CUMBERLAND COUNTY JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, P A 17065 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR 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 MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (800)990-9108 File #: 132517 File #: 132517 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. ~ 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWABS 2004-02 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: JOAN B. HARRISON 10 LIBERTY DRIVE MOUNT HOLLY SPRINGS, P A 17065 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 12118/2003 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR FULL SPECTRUM LENDING, INCORPORATED which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1849, Page: 1789. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 10101/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File#: 132517 6. The following amounts are due on the mortgage: Principal Balance Interest 09/01/2005 through 03/17/2006 (Per Diem $31.34) Attorney's Fees Cumulative Late Charges 12/1812003 to 03/17/2006 Cost of Suit and Title Search Subtotal $132,754.62 6,205.32 1,250.00 258.55 $ 550.00 $ 141,018.49 Escrow Credit Deficit Subtotal - 180.13 0.00 $- 180.13 TOTAL $ 140,838.36 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, andJor Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) haslhave failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or haslhave been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of$ 140,838.36, together with interest from 03/17/2006 at the rate of$31.34 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN ~INAN & SCHMIEG, LLP ~-<....~U~- By: Is/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 132517 . LEGAL DESCRIPTION ALL that certain tract of land situate in the Borough of Mount Holly Springs, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by WalterN. Heine Associates, Inc., dated December 8,1989 and recorded in Plan Book 64, Page 90 as follows: BEGINNING at a point in western right-of-way line of Liberty Drive at comer of Lot No.8 on said Plan; thence along Lot No.8, South 70 degrees 27 minutes 10 seconds West 100.48 feet to a point on eastern right-of-way ofPA Route 94; thence along right-of-way line ofPA Route 94, North 20 degrees 03 minutes 31 seconds West 87.00 feet to a point; thence along Lot No.6 on Plan, North 70 degrees 27 minutes 10 seconds East 101.26 feet to a point in western right-of-way of Liberty Drive; thence along said line of Liberty Drive, South 19 degrees 32 minutes 50 seconds East 87.00 feet to a point the Place of BEGINNING. CONTAINING 0.2015 acre and designated as Lot No.7 of Liberty Woods. BEING part ofthe same premises which Oakwood Homes, Inc., by Deed dated June 30, 1995 and recorded July 3, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 124, page 662, granted and conveyed unto Paul H. Haut, Jr. and Elizabeth M. Hallet, husband and wife. PARCEL NO. 23-35-2316-065 PROPERTY BEING: 10 LIBERTY DRIVE file #: 132517 . VF,RTFTCATION FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. hJUL FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: )/ 17( ~ (? , ~ ~ r ~ ~ ~ -<> '" -> ~ , "" (', r ~ p 2' r ~ .. '^ V', \Y <;;, v ('~ r-' co;".) c.? <-1'-' --'" -~ -",- :;":J c<J L? "'~... ';.1.:- 75 c....) <.5', fA :1.... r-i"\~ :\:0<'; ,., )... ',-~\I..;.l, '~;~ G1 ", ",'" ~~ .----- . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CW ABS 2004-2, Plaintiff : CIVIL DIVISION v. : NO. 06-1578 Civil Term JOAN B. HARRISON, Defendant PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Joan B. Harrison, by her attorney, who files the within Preliminary Objections to Plaintiffs Complaint, as follows: I. PRELIMINARY OBJECTION RAISING LACK OF CAPACITY TO SUE. I. As a general rule, an action must be brought "by and in the name of the real party in interest." Pa.R.C.P. No. 2002(a). 2. A real party in interest is one who can discharge a given right, obligation, or liability and control an action brought to enforce it. 3. Paragraph 3 of the Complaint refers to a mortgage between Defendant and "Mortgage Electronic Registration Systems, Nominee For Full Spectrum Lending, Incorporated", dated 12/18/2003 and recorded in the Office of the Recorder of Cumberland County. Plaintiff, Bank of New York, is not the "mortgagee" or party named in the aforesaid mortgage instrument filed of record in the Cumberland County Recorder's Office. 4. Further, Plaintiff alleges in paragraph 3 of its Complaint that it is in the process of formalizing an assignment of the mortgage. Thus, Plaintiff fails to allege the specific information required by Pa. R.C.P. 1147 regarding assignments. 5. Plaintiff in this action lacks the capacity to sue because there has been no assignment of the mortgage and Plaintiff is not authorized to file the within action in its own name. .. ~ WHEREFORE, Defendant respectfully requests that this Court dismiss Plaintiffs Complaint because it is not filed by and in the name of the real party in interest. II. PRELIMINARY OBJECTION RAISING FAILURE TO CONFORM TO APPLICABLE RULES OR LAW. 6. The verification to Plaintiff s complaint was not made by the party filing suit, but rather was made by Plaintifl's attorney. 7. Pa. R.C.P. 1024(c) requires that: The verification shall be made by one or more of the parties filing the pleading unless all the parties (I) lack sufficient knowledge or information, or (2) are outside the jurisdiction of the court and the verification of none of them can be obtained within the time allowed for filing the pleading. In such cases, the verification may be made by any person having sufficient knowledge or information and belief and shall set forth the source of his information as to matters not stated upon his own knowledge and the reason why the verification is not made by a party. 8. The verification to Plaintiffs complaint was not taken by the Plaintiff and does not set forth the source of Plaintiffs attorney's information as to the matters contained in the complaint. 9. This objection is not trivial because Plaintiffs counsel has not alleged sufficient facts to even demonstrate that Plaintiff is the real party in interest. 10. The verification to Plaintiffs' complaint is defective under Rule I 024( c). II. The verification being defective, Plaintiffs' complaint is not properly verified as required of a pleading under Rule 1024(a), and must be stricken. WHEREFORE, Defendant respectfully requests that Plaintiffs complaint be stricken. Respectfully submitted, h~c~Rf)Q~ Dusan Bratic, Esquire # 19249 Stephen K. Portko, Esquire #34538 101 South U.S. Route 15 Dillsburg, PA 17019 (717)432-9706 Attorneys for Defendant Joan B. Harrison . A. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Preliminary Objections was provided by U.S. Mail, postage prepaid, first class, to the following: Date: Y/?! (0(" Francis S. Hallinan, Esquire PHELAN HALLINAN & SCHMIEG, LLP One Penn Center Plaza, Suite 1400 Philadelphia, Pennsylvania 19103 BY~~~ Stephen K. Portko .\ .-\ ,',\ \--.) \ -.) (;;. . . PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02 7105 Corporate Drive PIano, TX 75024 Civil Division Cumberland County v. No. 06-1578 Joan B. Harrison 10 Liberty Drive Mount Holly Springs, P A 17065 PI,AINTIFF'S RF.SPONSF. TO DF.FF.NDANT'S PRF.I,IMINARY ORIF.CTIONS And now comes Plaintiff, Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02, by its attorney, Keri P. Claeys, Esquire, hereby files the within Response to Preliminary Objections of Defendant, Joan B. Harrison, and in support thereof states as follows: 1. Denied. The averment of paragraph one (1) contains conclusion oflaw to which no response IS necessary. 2. Denied. The averment of paragraph two (2) contains conclusion of law to which no response IS necessary. 3. Denied as stated. By way of further of response, paragraph three (3) of Plaintiff's Complaint in Mortgage Foreclosure states" On December 18, 2003 mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., Nominee for Full Spectrum Lending, Incorporated which mortgage is recorded in the Office of the Recorder of Cumberland County, in Mortgage Book: 1849, Page: 1789. Plaintiff is now the legal owner of the mortgage and is in the process of formalizing an assignment of same." . . 4. Denied. By way of further of response, by Assignment Mortgage dated April 24, 2006, the said mortgage was assigned to the Plaintiff A true and correct copy of the Assignment is attached hereto made part hereof and marked as Exhibit A. Additionally, said Assignment has been sent to the Office of Recorder of Cumberland County for recording. 5. Denied. By way of further of response, see Plaintiff's response to paragraph four (4) above. WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendant's Preliminary Objections and direct the Defendant to file an Answer to Plaintiffs Complaint. 6. Denied. By way of further of response, the Plaintiff filed its Praecipe to Substitute the Verification of Sandy Aliotta who is Assistant Vice President of Countrywide who is the mortgage servicing agent for the Plaintiff in this matter, For that of Francis S. Hallinan, Esquire attorney for the Plaintiff. A true and correct copy of the Praecipe is attached hereto and made part hereof and marked as Exhibit B. 7. Denied. The avennent of paragraph seven (7) contains conclusion of law to which no response is necessary. 8-11. Denied. By way of further of response, see Plaintiff's response to paragraph to paragraph six (6) above. WHEREFORE, Plaintiff respectfully requests that the Court overrule the Defendant's Preliminary Objections and direct the Defendant to file an Answer to Plaintiffs Complaint. Date: -s \ \\ \ Thp \ \ Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP ~ Keri P. Claeys, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02 7105 Corporate Drive PIano, TX 75024 Civil Division Cumberland County v. No. 06-1578 Joan B. Harrison 10 Liberty Drive Mount Holly Springs, P A 17065 PI ,A INTIFF'S RRIF.F IN SUPPORT OF ITS RF.SPONSF. TO DF.FF.NDA NT'S PRF.I ,IMIN A RV OR.IF.CTIONS I. INTRODUCTION Plaintiffhas filed a Mortgage Foreclosure Complaint because Defendant is/are in default under the mortgage. In response, Defendant has filed frivolous Preliminary Objections merely to delay the foreclosure action. II. PI ,A INTIFF'S MORTl;Al;F. FORF.CI,OSURF. COMPI ,A INT COMPI,IF.S WITH THF. PF.NNSVI ,V A NI A RUI,F.S OF CIVn, PROCF.DURF. Plaintiff's action in mortgage foreclosure is based upon an action at law to foreclose a mortgage, not to enforce a personal liability. Pa.R.C.P. 1141. Rule 1147 of the Pennsylvania Rules of Civil Procedure sets forth the averments that are required to be plead in a mortgage foreclosure complaint. The Rule provides: The Plaintiff shall set forth in the complaint: 1. The parties to and the date of the mortgage, and of any assignments, and a statement of the place of record of the mortgage and assignments; 2. A description of the land subject to the mortgage; 3. The name, address and interest of the Defendant in the action and that the present real owner is unknown ifhe is not made a party; 4. Specific averment of default; 5. An itemized statement ofthe amount due; and 6. A demand for judgment for the amount due. Instantly, Plaintiffs Complaint comports with the aforesaid requirements. Paragraph 2 states the name, address and interest of the Defendant. Paragraph 3 recites the execution of the Mortgage, including the date that the Mortgage was made, and also sets forth the date of the Assignment along with the information concerning the recording of the Mortgage and Assignment. Paragraph 4 refers to the legal description of the land. Paragraph 5 states that the mortgage is in default. Paragraph 6 provides a breakdown of the amount due on the mortgage. The Wherefore Clause sets forth Plaintiff's demand for judgment. Accordingly, Plaintiffs Complaint complies with the pleading requirements as set forth in Pennsylvania Rules of Civil Procedure. III. PI.A INTIFF IS THR HOI.ORR OF THR MORTGAGR A NO HAS ST A NOING TO FORRCLOSR THRRRON lTPON ORFF,NOANTS' FAH.lTRR TO MAKR THRIR MONTHI,VPAVMRNTS Under the law of assignments~ the assignee stands in the same shoes as the assignor. An assignment does not confer on the assignee any greater rights than those possessed by the assignor. Pennsylv:mia HieJ1er Fducation Assistance v T1evore, 267 Pa. Super. 74,406 A.2d 343,344 (1979); lJ S Steel Homes Credit Corporation, 277 Pa. Super. 308, 419 A.2d 785 (1980). However, the assignee's rights are not inferior to those ofthe assignor. 1 J S Steel Homes Credit Corporation v South Shore T1evelopment Corporation, 277 Pa. Super. 308,419 A.2d 785 (1980). In South Shore, the Court held that if an obligation is paid by an [assignee], there is no reason in law that [it] should not have the same security that [assignor] had, namely, the mortgage signed by South Shore Development Corporation. Id., at 312. Similar to South Shore, in the instant case, Bank of New York As Trustee for the Certificateholders of CWABS 2004-02 paid for the Assignment of Mortgage to Mortgage Electronic Registration Systems, Inc., Nominee for Full Spectrum Lending, Incorporated, and therefore, it has the same security that Mortgage Electronic Registration Systems, Inc. (assignor) had, namely, the mortgage signed by the Defendants. Accordingly, Mortgage to Mortgage Electronic Registration Systems, Inc., Nominee for Full Spectrum Lending, Incorporated. acquired the rights conferred by the Mortgage, including the right to foreclose in the event of default. Tn Tncim:triHl PHckHeine Prociuct~ {;o v Fort Pitt PHckHeine TntemHtionHl, Tnc , 399 Pa. 643, 161 A.2d 19 (1960), the Supreme Court of Pennsylvania held that the purpose of filing financial statements in office of Prothonotary of county showing debtor and secured party and type of property involved is to give notice to potential future creditors of debtors or purchasers of the collateral and it makes no difference as far as such notice is concerned whether secured party listed in filing statement is a principal or an agent. Similar to Tncill~triHl PHckHeine, when an assignment is recorded, it is to give notice to potential future creditors or purchasers of the mortgage as to who the record owner of the mortgage is, it does not validate or invalidate the transaction. Therefore, the transfer of the mortgage was effectuated upon transfer of the consideration, not upon the recording or execution of the Assignment document. Thus, Plaintiff is the legal owner of the mortgage and may institute foreclosure proceedings against Defendants as a result of their failure to make the monthly payments. IV. PI ,A INTIFF PROPF,RI,V VF,RIFIF,n ITS COMPI.A INT Defendant contends that the Complaint should be stricken because the Verification was executed by an agent for the Plaintiff, as opposed to an officer of the corporation. This argument ignores the principle that an agent of the corporation, with actual knowledge of the facts, may make the verification of the complaint. It is not required that an officer make the verification. See generally 4 Std. Penna. Prac. 2d, Section 21 :21. Instantly, as mortgaging servicing agent for the Plaintiff S:mdy A 1iott:!, A~~i~t:!nt Vice PTe~ident of COllntrywide , had the requisite authority to verify the allegations of the complaint on behalf of Plaintiff. Accordingly, Plaintiff submits the complaint has been appropriately verified. V. CONeT .TTSTON For the reasons set forth herein, the Preliminary Objections are meritless and have been interposed for the purpose of delay only. Plaintiff respectfully requests that this Honorable Court enter an Order overruling Defendant's Preliminary Objections and directing Defendant to file an Answer to Plaintiff's Complaint within twenty (20) days of the Court's Order. WHEREFORE, Plaintiff respectfully requests that the Court overrule Defendant's Preliminary Objections and direct the Defendant to file an Answer to Plaintiff's Complaint. Date: cs\ \\ \Up SCHMIEG, LLP Keri P. Claeys, Esquire Attorney for Plaintiff EXHIBIT A ASSIGNMENT OF MORTGAGE KNOW ALL MEN BY THESE PRESENTS that "Mortgage Electronic Registration Systems, Inc. as nominee for Full Spectrum Letdling, Inc." hereinafter" Assignor" the holder of the Mortgage hereinafter mentioned, for and in consideration of the sum of ONE DOLLAR (S1.00) lawful money unto it in hand paid by Bank Of New York As Trustee For TheCertificateholders Of Cwabs 2004-02, "Assignee" at the time of execution hereof, sell, assign, transfer and set over unto the said Assignee, the receipt whereof is hereby acknowledged, does hereby grant, bargain, its successors and assigns, ALL THAT CERTAIN Indenture of Mortgage given and executed by Joan B Harrison to Mortgage Electronic Registration Systems, Inc. as nominee for Full Spectrum Lel'ld.ing, Inc., bearing the date 12/18/03, in the amount ofS134,500.00, together with the Note and indebtedness therein mentioned, said Mortgage being recorded on 12/23/03 in the County of Cumberland, Commonwealth of Pennsylvania, in Mortgage Book 1849 Page 1789. Being Known as Premises: 10 Liberty Drive, Mount Holly Springs, PA 17065 Parcel No: 23-35-2316- Also the Bond or Obligation in the said Indenture of Mortgage recited, and all Moneys, Principal and Interest, due and to grow due thereon, with the Warrant of Attorney to the said Obligation annexed. Together with all Rights, Remedies and incidents thereunto belonging. And all its Right, Title, Interest, Property, Claim and Demand, in and to the same: TO HAVE, HOLD, RECEIVE AND TAKE, all and singular the hereditaments and premises hereby granted and assigned, or mentioned and intended so to be, with the appurtenances unto Assignee, its successors and assigns, to and for its only proper use, benefit and behoof forever; subject, nevertheless, to the equity of redemption of said Mortgagor in the said Indenture of Mortgage named, and his/her/their heirs and assigns therein. IN WITNESS WHEREOF, the said" Assignor" has caused its Corporate Seal to be herein affixed and these presents to be duly executed by its proper officers this ~ day of ~rcft , 20..t!L. Sealed and Delivered in the presence of us; Mortgage Electronic Registration Systems, Inc. as nominee for Full Spectrum Lelld' ByL e President Attest: State of TEXAS ss. County of COLLIN MISHOP day of r<lfb...toh ~ 1 ,20" before me, the subscriber, personally appeared M~ PR;Ef>9IT ' who acknowledged himlherselfto be the Assistant Vice President of Mort gage ~ecfromc egistration Systems, Inc. as nominee for Full Spectrum Ledning, Inc., and that helshe, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the pwposes therein contained. IN WITNESS WHEREOF, I hereunto set my The precise address of the within named Assignee is: 7105 Corporate Drive Piano, XX ~0.24 By:~ (For Assignee) Mter recording return to: PHELAN, HALLINAN, & SCHMIEG, L.L. One Penn Center 1617 J.F.K. Blvd., Ste.1400 Philadelphia, PA 19103-1814 RYAN A lETT My Commission Expires June 10. 2008 ~ Stamp/Seal: .~, 3/28/06 Ryan Lett 41203532 EXHIBIT " A" ~ thIt 0c:ttIdn tnotofJ8tIIJ I1CUDo in. tIia Bolouah ofMOUIlt HoI11 Spdap, ~ COutdI. ~ bcnmdtJd.1Dd *-led In ~ wlthal'llllprepm4 by WllterN. Helu A.Iaoc~ Xnc., da11cd December I, 19891l1d reaarded in Pla1l BQok 64, Pase 90 As tolloWs: BIiOJlllNJNG It apoinl In ~ d&ht-ot-.vay line ofUberfy Dlive It.camer (JfLot NIL 8 on all1 Plan;~ Ilcma Lo1 No. I. Sou&b 70 deateel27 m~ 1:0...- West 1 Gq..41If*=l to . poUtt4I\etstem ti&ht-cr.lWl.Y-ofpA.-Rautc 94; ~rfsIat.of~nnCl C)fPA Rout. 94, Worth 20 4dpe.'O;1.mlJratao31 ~ W.. 87.00 fect to. point; tb=o.... Lot No.6 onP. Nol1b 70~ 21 miJi_.tO fOC0D4. East 101.26 6et. to apolnt in \WItml riabt-of*Wa1 otL1bc:uy J>me; &bcGco.alona Mid UnaofUbItly .Drl.YC, So1.Uh 19 clepDS 32 m.ftn~ SO lCeonds.let 11.00 feet to .. _ tIa PJace- of~BOINNJNO. CONTAOONG 0.101S.~ ad dmdrtlih04 as Lot No. 7 otUbfrty W(JOda. BElNGMt ofthCl Iame~" whi~ Oakwood IbDes, bIc., by Deed daWi luna 30.1995 IZld~July3, 199'$ bib Of6ceof_ Recotderofn.talAand fer C~~, PablylwaiJ, inll_Book 124, pep 6Q, pqlcd -' ~DWlfed unto Pd H. Haut, Jr..w ~ M..a.nct.1msbaM.. wl&. - . EXHIBIT B II PHELAN ~ HALLINAN ....s HMIEG Suite 1400 1617 JFK Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Email: ken daey!':@feciphe com Keri P. Claeys, Esquire Litigation Department Representing Lenders in Pennsylvania and New Jersey* May 11, 2006 VIA OVF.RNI(;HT MAll, Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, P A 17013-3387 RE: Bank of New York As Trustee v. Joan B. Harrison, et al. Cumberland County, CCP, Docket No. 06-1578 Dear Sir or Madam: Enclosed for filing with the Court please find Plaintiffs Praecipe to Substitute Verification and Certification of Service relative to the above referenced matter. Please return a time-stamped copy of the Praecipe and Certification to our messenger. , eri P. Claeys, Esquire KPC/nag Enclosure cc Stephen K. Portko, Esquire * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received will be used for that putpOse. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney For Plaintiff Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02 71 05 Corporate Drive PIano, TX 75024 v. Joan B. Harrison 10 Liberty Drive Mount Holly Springs, P A 17065 Court of Common Pleas Civil Division Cumberland County No. 06-1578 PRARC'TPR TO SnnSTITIJTR VRRTFTC'ATTON TO THE PROTHONOTARY: Please substitute the attached, original Verification of Sandy Aliotta for the Verification attached to Plaintiff's Complaint in Mortgage Foreclosure filed in the above matter on or about March 20, 2006. Date: ~\\\\\Ae ~ Keri P. Claeys, Esquire Attorney for Plaintiff VERIFICATION ~ Ait'dt{ hereby states that he/she is __W'.!~ of ~ u.A.~ servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his /her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. )o~~ DATE: ;;/02/0& ..."............w:e.. ~ PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, P A 19103 -1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02 7105 Corporate Drive PIano, TX 75024 Civil Division Cumberland County v. No. 06-1578 Joan B. Harrison 10 Liberty Drive Mount Holly Springs, P A 17065 CFRTTFTCA TTON OF SFRVTCF I hereby certify a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on Defendant's counsel on the date listed below: Stephen K. Portko, Esquire 101 South U.S. Route Dillsburg, P A 17019 DATE:~ l\, \~ Keri P. Claeys, Esquire Attorney for Plaintiff " '9 ......... VF.RIFICA TION Keri P. Claeys, Esquire hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing Response to Preliminary Objections are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: "5 \ \ \. \Op By: P~ & SCHMIEG, LLP Keri P. Claeys, Esquire Attorney for Plaintiff One Penn Center at Suburban Station 1617 J.F.K. Blvd. - Suite 1400 Philadelphia, P A 19103 -1814 (215) 563-7000 o t:~ "'....". """"1 ~::.i'~ I" r'. ...~_:.i .-c.: ,...., = C_-:l 0..... ~ ~:!J rn r- -u in :nC( C;o ~~ ~~ J"..> ~ :x ~ N -,"'" ~. =..~~: ~:? en Vl PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, P A 19103-1814 (215) 563-7000 Attorney For Plaintiff Court of Common Pleas Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02 7105 Corporate Drive PIano, TX 75024 Civil Division Cumberland County v. No. 06-1578 Joan B. Harrison 10 Liberty Drive Mount Holly Springs, P A 17065 CF.RTIFICA TF. OF SF.RVICF. I hereby certify that a copy of the Plaintiffs Response to Defendant's Preliminary Objections, Brief and attached documents were served upon counsel for the Defendant by first class mail, postage prepaid, at the address and on the date listed below: Stephen K. Portko, Esquire 101 South U.S. Route Dillsburg, PA 17019 DATE: 'S \ \l \Ol.p d Keri P. Claeys, Esquire Attorney for Plaintiff o ..o~. ,,'If:; Z-: t:~!;) 2: <: .....,-'~,.. -'-- ~S; ~ r--) = = C1'" :;it ::0:'"' -< N o -n ..-t :r..,-rJ or- "om t~~l, ~:r: 11 qo h-rn 9 ~ 5t <5 .. cJl (...., '" 1-" dJ , PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, P A 191 03 -1814 (215) 563-7000 Attorney For Plaintiff Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02 7105 Corporate Drive PIano, TX 75024 v. Joan B. Harrison 10 Liberty Drive Mount Holly Springs, P A 17065 Court of Common Pleas Civil Division Cumberland County No. 06-1578 PRARC'IPR TO SlJRSTITlJTR VRRIFIC'ATION TO THE PROTHONOTARY: Please substitute the attached, original Verification of Sandy Aliotta for the Verification attached to Plaintiff's Complaint in Mortgage Foreclosure filed in the above matter on or about March 20, 2006. Date: ~\\\ \\Ae ~ Keri P. Claeys, Esquire Attorney for Plaintiff ~ .. .. VERIFICATION ~ Ai/Dft? hereby states that he/she is ...-rAm~!!C1!pj;~ of ~ uA~ servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. )CI~aAf-- DATE: '5/02/0& ...., IlUDl'la.A8II8IMrVICI. . --, ..!,/ () c ~ ""t.10' Q~}L- -:-~-.- ~}.~ ;~ ~~ t~ :".,:, ~:~ '1'> .. ... I"-.) = = 0" ::J: :r.:r- -< ~ ~~ -om :uy OCl ='2 -1-; rS::D 70 Om ~ ~ N ::l> ::II: 9 en c.n . .' PHELAN HALLINAN & SCHMIEG, LLP BY: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center At Suburban Station 1617 J.F.K. Blvd. Suite 1400 Philadelphia, P A 19103 -1814 (215) 563-7000 Attorney For Plaintiff Bank of New York As Trustee for the Certificateholders of CW ABS 2004-02 7105 Corporate Drive PIano, TX 75024 Court of Common Pleas Civil Division Cumberland County v. No. 06-1578 Joan B. Harrison 10 Liberty Drive Mount Holly Springs, P A 17065 CF,RTTFTCATTON OF SF,RVTCF, I hereby certifY a true and correct copy of the foregoing Plaintiff's Praecipe to Substitute Verification was served by regular mail on Defendant's counsel on the date listed below: Stephen K. Portko, Esquire 101 South U.S. Route Dillsburg, PA 17019 DATE~ ll. \~ Keri P. Claeys, Esquire Attorney for Plaintiff () c. ~';,..r ~ ""0 IT DIP. ~:'i~_ ~;~ ./- 1<: ~~~- /\'.- Z 2 r-.) c::::> = <:::r' :J\t :P'" -< N ~ o .;, c..n c.1'l ~ ~-n rnr=: -om ~o9 06 :~-f, <"--n 96 ,~- IT' 9 ~ SHERIFF'S RETURN - REGULAR CASE NO: 2006-01578 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK BANK OF VS HARRISON JOAN B 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 HARRISON JOAN B the DEFENDANT , at 1430:00 HOURS, on the 23rd day of March , 2006 at 10 LIBERTY DRIVE MT HOLLY SPRINGS, PA 17065 by handing to RICHELLE HARRISON, DAUGHTER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 6.16 .00 10.00 .00 34.16, 4-- ?'~~-'<~ R. Thomas Kline me this /'fi2 day of 03/27/2006 PHELAN HALLINAN SCHMIEG ~ .'/ By: ~>~.' 0 ~/ / Deputy ShEKiff Sworn and Subscribed to before Th....., .:J()~ A.D. Prothonotary PHELAN HALLINAN & SCHMIEG, LLP · Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Bank of New York as trustee for the Certificateholders of CW ABS 2004-02 Plaintiff Court of Common Pleas Civil Division v. Cumberland County Joan B. Harrison Defendant(s) No. 06-1578 PRAECIPE TO THE PROTHONOTARY: X Please mark the above referenced case Discontinued and Ended without prejudice. _Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. _Please withdraw the complaint and mark the action discontinued and ended without prejudice. Date:~ ~5-~ Francis S. Hallinan Attorney for Plaintiff PHS # 132517 c.,-