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HomeMy WebLinkAbout06-2140PHELAN 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 133838 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CYNTHIA GATES RONALD GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. d(® -o?-N6 Ci L) I('--7a k1- CUMBERLAND COUNTY 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 ajudgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File N: 133838 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. File #'. 133838 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: CYNTHIA GATES RONALD GATES 1108 RIDGE DRW E MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/27/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1877, Page: 0293. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/07/2005 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 #: 133838 6. The following amounts are due on the mortgage: Principal Balance $195,654.99 Interest 8,357.60 08/07/2005 through 04/11/2006 (Per Diem $33.70) Attorney's Fees 1,250.00 Cumulative Late Charges 485.04 07/27/2004 to 04/11/2006 Cost of Suit and Title Search 550.00 Subtotal $ 206,297.63 Escrow Credit 0.00 Deficit 3,972.00 Subtotal $ 3,972.00 TOTAL $ 210,269.63 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $210,269.63, together with interest from 04/11/2006 at the rate of $33.70 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 HALLINAN & SC)HM?I/EEG, LLPP ?t"? I-? . By: /s/Francis S. Hallin/'XC an LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4 : 133838 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern line of Lancelot Avenue at the northeast corner of Lot No. 146, in the Plan of Center Square Manor, Extension A Plan 3; thence by the southern line of Lancelot Avenue South Sixty-Five (65) degrees Fifty-Three (53) minutes Six (6) seconds East One Hundred Thirty-Three and Twenty-Nine Hundredths (133.29) feet to a point; thence by an arc or a curve to the right with a radius of Twenty (20) feet, an arc distance of Thirty and Ninety-Two Hundredths (30.92) feet to a point on the western line of Derbyshire Avenue; thence by the western line of Derbyshire Avenue South Thirty-Five (35) degrees Twenty-Three (23) minutes West One Hundred Seven and Fifty-Three Hundredths (107.53) feet to a point; thence North Forty-Nine (49) degrees Fifteen (15) minutes Fifty-Seven (57) seconds West One Hundred Thirty-Seven and Sixty-Four Hundredths (137.64) feet to a point; thence by Lot No. 146 North Twenty-Four (24) degrees Six (6) minutes Fifty-Four (54) seconds East Ninety (90) feet to the point and place of BEGINNING. BEING THE SAME PREMISES WHICH Rhoda L. Kepner and Richard T. Wilson by Deed dated September 15, 1999 and recorded September 21, 1999 in Deed Book 208, Page 104 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Cynthia K. Cleckner, Grantor herein. PROPERTY BEING: 900 DERBYSHIRE AVENUE Filed: 133838 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 unworn falsification to authorities. -21 1&?, S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ( i ? up ?'t ? c ? - -r. SHERIFF'S RETURN - NOT FOUND CA.yE NO: 2006-02140 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS GATES CYNTHIA ET R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GATES CYNTHIA but was unable to locate Her in his bailiwick COMPLAINT - MORT FORE , He therefore returns the NOT FOUND , as to the within named DEFENDANT , GATES CYNTHIA 900 DERBYSHIRE AVENUE ICSBURG, PA 17055 APPEARS TO BE Sheriff's Costs: So answ Docketing 6.00 Service 8.80 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 29.80 PHELAN HALLINAN SCHMIEG 05/10/2006 ?,., s?a a f oL Sworn and subscribed to before me this A. D. day of Prothonotary SHERIFF'S RETURN - NOT FOUND l CASE NO: 2006-02140 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS GATES CYNTHIA ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT RONALD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to GATES RONALD 900 DERBYSHIRE DRIVE MECHANICSBURG, PA 17055 APPEARS VACANT. Sheriff's Costs: So answers- Docketing 6.00 Service .00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 21.00 PHELAN HALLINAN SCHMIEG s/dam/b? 05/10/2006 Sworn and subscribed to before me the within named DEFENDANT this A. D. day of Prothonotary SHERIFF'S RETURN - REGULAR M CASE NO: 2006-02140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS GATES CYNTHIA ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GATES CYNTHIA the DEFENDANT at 2031:00 HOURS, on the 8th day of May 2006 at 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 by handing to CYNTHIA GATES 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 18.00 Service 36.96 Affidavit .00 Surcharge 10.00 .00 64.96 0 ip ot/04 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 05/10/2006 PHELAN HALLINAN SCHMIEG By: ?? Deputy Sheriff Prothonotary SHERIFF'S RETURN - REGULAR CASE NO: 2006-02140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS GATES CYNTHIA ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GATES RONALD the DEFENDANT , at 2043:00 HOURS, on the 8th day of May , 2006 at 15 HIGH STREET SHIREMANSTOWN, PA 17011 RONALD GATES by handing to 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 6.00 Service 11.44 Affidavit .00 Surcharge 10.00 .00 27.44 5/a a/OC Sworn and Subscribed to before me this day of A.D. So Answers: R. Thomas Kline 05/10/2006 PHELAN HALLINAN SCHMIEG By` Deputy Sheriff Prothonotary PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No, 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 CUMBERLAND COUNTY 7105 CORPORATE DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 Plaintiff, V. CIVIL DIVISION NO. 06-2140 CYNTHIA GATES RONALD GATES Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against CYNTHIA GATES and RONALD GATES, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 4/12/06 to 6/19/06 TOTAL $210,269.63 $2,325.30 $212,594.93 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. .? DANIEL G. SC G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: Ja?f 26o6 PRO PROTHY (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 CUMBERLAND COUNTY 7105 CORPORATE DRIVE COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 06-2140 CYNTHIA GATES RONALD GATES Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on JU ,2? 200,09 By: If you have any questions concerning this matter, please contact: tAl DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE 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, L.L.P. By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (2151 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff CIVIL DIVISION Vs. CYNTHIA GATES RONALD GATES Defendants TO: CYNTHIA GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 DATE OF NOTICE: MAY 31, 2006 CUMBERLAND COUNTY NO. 06-2140 CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU M AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.[F YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Perri Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff CIVIL DIVISION Vs. CYNTHIA GATES RONALD GATES Defendants TO: RONALD GATES 15 HIGH STREET SHIREMANSTOWN, PA 17011 DATE OF NOTICE: MAY 31, 2006 CUMBERLAND COUNTY NO. 06-2140 CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 7105 CORPORATE DRIVE Plaintiff, V. CYNTHIA GATES RONALD GATES Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2140 VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s), is/are riot in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant CYNTHIA GATES is over 18 years of age and resides at 1108 RIDGE DRIVE, MECHANICSBURG, PA 17055. (c) that defendant RONALD GATES is over 18 years of age, and resides at 15 HIGH STREET, SHIREMANSTOWN, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff `'C. 49- v n 4i C? Yt PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff, V. No. 06-2140 CYNTHIA GATES RONALD GATES Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 6/19/06 to 12/6/2006 (per diem -$34.95) $212,594.93 $5,941.50 and Costs TOTAL $218,536.43 DANIEL G. SCHMI ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the-event that a representative of the plaintiff is not present at the sale. off. a 0 o ?V AF G3 a: r, ` ?? [ ??' ? r w V w L \ 5- 4 4 O ?., a a WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409, Plaintiff (s) From CYNTHIA GATES AND RONALD GATES (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $212,594.93 L.L. $30 Interest FROM 6119/06 TO 12/6106 (PER DIEM - $34.95) - $5,941.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $225.20 Other Costs Plaintiff Paid Date: JUNE 27, 2006 CURTIS R. LONG Prothonotary (Seal) v g n n r" Wmazza-11 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1514 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CYNTHIA GATES RONALD GATES CIVIL DIVISION NO. 06-2140 Defendant(s). CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) anFHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff ?, ?? ?. -, '' ?_:. ? __ _ i;lT 'W ?_ G- ? fi ?C? "` G.^ .? -G BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff, V. CYNTHIA GATES RONALD GATES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2140 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) 2004409, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CYNTHIA GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 RONALD GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE BARON GROUP 931 N. FRONT ST. HARRISBURG, PA 17102 931 N. FRONT ST. HARRISBURG, PA 17102 BENN & ROBINSON N/A 4. Name and address of last recorded holder of every mortgage of record: Name MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS A NOMINEE FOR DECISION ONCE MORTGAGE COMPANY, LLC. Last Known Address (if address cannot be reasonably ascertained, please indicate) 8201 GREENSBORO DRIVE MCLEAN, VA 22102 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 900 DERBYSHIRE AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. June 19, 2006 DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff C7 ns 10 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff, V. CYNTHIA GATES RONALD GATES Defendant(s). TO: CYNTHIA GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 06-2140 June 23, 2006 RONALD GATES 15 HIGH STREET SHIREMANSTOWN, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY." Your house (real estate) at 900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $212,594.93 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 l LEGAL DESCRIPTION ALL THAT CERTAIN LOT, PARCEL OR TRACT OF LAND WITH ImrROVEI+a m THMON ERECTED SITUATE IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A PONT ON THE SOUTHERN LIMB OF LANCELOT AVENUE AT THE NORTHEAST COMM OF LOT NO. 146, IN THE PLAN OF CENTER SQUARE MANOR, EXTENSION A PLAN 3; THENCE BY THB SOUTHERN LM OF LANCELOT AVENUE SOUTH SDa Y-FIVE (65) DEGREES FIB-THREB(53) MINUTES SIX (6) SECONDS BAST ONE HUNDRED THI RTY-THREE AND TWENTY-NINE HUNDREDTHS (133.29) FEET TO A POINT; THENCE BY AN ARC OR A CURVE TO THE RIGHT WITH A RADIUS OF TWENTY (20) FEET, AN ARC DTSTANCB-OF THIRTY AND NINETY-TWO HUNDREDTHS (30.92) PEST TO A POINT ON THE WESTERN UNE OF DERBYSHIRE AVENUE; THENCE BYT.HB WESTERN LINE OF DERBYSHIRE AVENUE SOUTH THIRTY-FIVE (35) DEGREES TWENTY-THREE (23) MINUTES WEST ONE HUNDRED SEVEN AND FIFTY-THREE HUNDREDTHS (107.53) FEET TO A POINT; THENCE NORTH FORTY-NINE (49) DEGREES FIFTEEN (IS) MINUTES FIFTY-SEVEN (57) SBOONDS WEST ONENt HUNDRED THIRTY SEVEN AND SIXTY FOUR HUNDREDTHS (132.64) FEET TO A POINT; THENCE BY LOT NO. 146 NORTH TWENTY-FOUR (24) DEGREES SIX (6) MINUTES FIFTY-FOUR (54) SECONDS EAST NINETY (90) FEET TO TIM PONT AND PLACE OF BEGINNING. PARCEL NO: 42-30-2108-228 TITLE TO SAID PREMISES IS VESTED IN Cynthia Gates and Ronald Gates by Deed from Cynthia K. Cleckner, dated 6/25/2002 and recorded 6/27/2002 in Book: 252, Page: 1943. Premises: CUMBERLAND COUNTY 900 DERBYSHIRE AVENUE MECHANICSBURG, PA 17055 I ? r ` c o+ l'7 C? T N rc _ C r Q ,{ •. Gx> AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR /Error! THE CERTIFICATE HOLDERS OF MergeField was not found in header CWALT 2004409 record of data source. No. 06-2140 DEFENDANT(S) CYNTHIA GATES RONALD GATES ACCT. #61732769 SERVE RONALD GATES AT Type of Action 15 HIGH STREET - Notice of Sheriffs Sale SHMEMANSTOWN, PA 17011 Sale Date: DECEMBER 6, 2006 SERVED Served and made known to 28ra I t/rj Ct Defendant, on the 0'1 d day of 0'? 1y , 200fp ati. J , o'clock L.m., at IS- 14i q k 54. , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age30-0 Height It Weight Race W Sex,-" Other I, D &U: s Ind 6 et° IS a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner asset forth herein, issued in the captioned case on the date and at the address indicated above. bef of tarye TRICommission Expires June 16, 2006 PHARRIS On the day of _ - Moved -Unknown By: T 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTSERVED 200, at o'clock _.m., Defendant NOT FOUND because: No Answer _ Vacant 1'1 Attempt: Time: 3rd Attempt: ( _L _Time-. Sworn to and subscribed before me this day of 200. Notary: By: Attorney for Plaintiff Daniel G. Sehtnleg, Esquire I.D. No. 62205 2nd Attempt: ! ! Time: yg•,Qy Z l o Mr. -Q.m <5 m ?i N AFFIDAVIT OF SERVICE PLAIN11 F BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 DEFENDANT(S) CYNTHIA GATES RONALD GATES SERVE CYNTHIA GATES AT 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTy 20 /Errorl 44 MergeField was not found in header record of data source. No. 06-2140 ,?s?133?3g ACCT. #81732769 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 6, 2006 Served and made known to (fY et1 l " g 6c a Defendant, on the Z O day of St+ lk( . 200-4 at O 6./6o'clock L.m., at D Ff " t d,; 2 k) P, , Commonwealth of Pennsylvania, in the manner described below: V/ Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defeudant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: AgejY__-YS" Height :)r_" Weight /60 Race %? Sex F Other I, h G u A IC 0 b # /+S -,a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. of and By: (?? ?J? AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRICIA E. HARRIS NOT SERVED 80nTt 'ssion Expires June 16, 2008 day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown _ No Answer Vacant I" Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200-. Notary: By: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 2?Gr1 Ca 2"d Attempt: Time: 77?_' ? o O cr+ t'1 ?C? G - Fq W o V ? C7 y C. W -i u PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificate Holders Court of Common Pleas of CWALT 2004409 Plaintiff vs. : Civil Division : Cumberland County : No. 06-2140 Cynthia Gates Ronald Gates Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 13, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on June 27, 2006 in the amount of $212,594.93. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 6, 2006. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $195,654.99 Interest Through 12/06/06 18,060.79 Per Diem $33.23 Late Charges 363.78 Legal fees 1,675.00 Cost of Suit and Title 897.00 Sheriffs Sale Costs 0.00 Property Inspections 1,653.25 AppraisalBPO 0.00 MIP/PMI 0.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 10,141.24 TOTAL $228,446.05 6. Plaintiff paid the following amounts for real estate taxes and hazard insurance during the time the loan was in default. The escrow breakdown is as follows: 7. 8 08/10/06 Tax $2,250.01 08/10/06 Tax 729.91 08/10/06 Tax 5.00 08/10/06 Tax +3,184.32 Total Taxes Paid 6,169.24 04/03/06 Hazard Insurance 3,972.00 Total Insurance Paid 3,972.00 Total Escrow 10,141.24 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. helan Hallinan & chmieg, LLP Date: y: ? I lel Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificate Holders Court of Common Pleas of C WALT 2004409 Plaintiff vs. : Civil Division Cumberland County No. 06-2140 Cynthia Gates Ronald Gates Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 900 Debryshire Avenue, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fewer in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. elan Hallinan & Schmieg, LLP DATE: _ By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133838 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CYNTHIA GATES RONALD GATES 1108 RIDGE DRIVE MECHANICSEURO, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. O?. -- oZ U &5j: 2 CUMBERLAND COUNTY CIVIL ACTION - LAW 0 COMPLAINT IN NQRTQAGE_FOR&CLO§URE NOTICE -„ You have been sued in court. If you wish to defend against the claims set forth in tJ* tbllow g pages, you must take action within twenty (20) days after this complaint and notice are servgd c ? entering a written appearance personally or by attorney and filing in writing with the court y iefenses -; or objections to the claims set forth against you. You are warned that if you fail to do so the c mg5o _ proceed without you and a judgment may be entered against you by the court without further notice rb? any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.. THIS OFFICE _CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 the (800)990-9108 \NO hereby rue and within to be o the ATTpR? correct cOPY P F1L? or?Qina1 fitted ot recod Q File 0: 133838 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, S U ITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133838 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. CYNTHIA GATES RONALD GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 the Original NO copy Oftile Fite #: 133838 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. File 4: 133838 I . Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004-109 7105 CORPORATE DRIVE PLANO, TX 75024 2, The name(s) and last known address(es) of the Defendant(s) are: CYNTHIA GATES RONALD GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 07/27/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS NOMINEE FOR DECISION ONE MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1877, Page: 0293. 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. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 09/07/2005 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 0, 133838 6. The following amounts are due on the mortgage: Principal Balance $195,654.99 Interest 8,357.60 08/07/2005 through 04/11/2006 (Per Diem $33.70) Attorney's Fees 1,250.00 Cumulative Late Charges 485.04 07/27/2004 to 04/11/2006 Cost of Suit and Title Search 550.00 Subtotal $ 206,297.63 Escrow Credit 0.00 Deficit 3,972.00 Subtotal 3,972.00 TOTAL $ 210,269.63 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. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $210,269.63, together with interest from 04/11/2006 at the rate of $33.70 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 HALLINAN & SCHMIEG, LLP BY: /s/Francis . HMllin n LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Fite #: 133838 LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern line of Lancelot Avenue at the northeast corner of Lot No. 146, in the Plan of Center Square Manor, Extension A Plan 3; thence by the southern line of Lancelot Avenue South Sixty-Five (65) degrees Fifty-Three (53) minutes Six (6) seconds East One Hundred Thirty-Three and Twenty-Nine Hundredths (133.29) feet to a point; thence by an arc or a curve to the right with a radius of Twenty (20) feet, an are distance of Thirty and Ninety-Two Hundredths (30.92) feet to a point on the western line of Derbyshire Avenue; thence by the western line of Derbyshire Avenue South Thirty-Five (35) degrees Twenty-Three (23) minutes West One Hundred Seven and Fifty-Three Hundredths (107.53) feet to a point; thence North Forty-Nine (49) degrees Fifteen (15) minutes Fifty-Seven (57) seconds West One Hundred Thirty-Seven and Sixty-Four Hundredths (137.64) feet to a point; thence by Lot No. 146 North Twenty-Four (24) degrees Six (6) minutes Fifty-Four (54) seconds East Ninety (90) feet to the point and place of BEGINNING. BEING THE SAME PREMISES WHICH Rhoda L. Kepner and Richard T. Wilson by Deed dated September 15, 1999 and recorded September 21, 1999 in Deed Book 208, Page 104 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Cynthia K. Cleckner, Grantor herein. PROPERTY BEING: 900 DERBYSHIRE AVENUE File #: 133838 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (21?1 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 : CUMBERLAND COUNTY 7105 CORPORA'T'E DRIVE COURT OF COMMON PLEAS PLANO, TX 75024 CIVIL DIVISION Plaintiff, V. NO. 06-2140 , -n CYNTHIA GATES RONALD GATES R.. rJ -urn • ri ,i T?-J Defendant(s). ` a { :? .?_ PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES C3 < TO THE PROTHONOTARY: Kindly enter, an in rem judgment in favor of the Plai9tiftand against. CYNTHIA GATES and RONALD GATES, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as foil'ows: As set forth in Complaint Interest from 4/12/06 to 6/19/06 TOTAL $210,269.63 $2,325.30 $212,594.93 I hereby certify that (1) the addresses of the'Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SC G, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DAT 27 A 0646 PRO PROIMY REAk f?tET1?'tN? VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. elan Hallinan & Schmieg, LLP DATE: l I VO(O By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificate Holders Court of Common Pleas of CWALT 2004409 Plaintiff Civil Division : Cumberland County VS. Cynthia Gates Ronald Gates Defendants : No. 06-2140 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages and Brief in Support thereof were sent to the following individuals on the date indicated below. Cynthia Gates Ronald Gates 1108 Ridge Drive Mechanicsburg, PA 17055 Cynthia Gates Ronald Gates 15 High Street Shiremanstown, PA 17011 DATE: E Cynthia Gates Ronald Gates 900 Derbyshire Avenue Mechanicsburg, PA 17055 elan Hallinan & chmieg, LLP By. ichele M. Bradford, Esquire Attorney for Plaintiff ?, :? t",` ?;-. ? --+ ?::: __ 1 , . .r 4 S T'+ ? ?i7 e , ? ' ...} - y } SALE DATE: DECEMBER 6, 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF No.: 06-2140 CWALT 2004409 VS. CYNTHIA GATES RONALD GATES AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUMt Attorney for Plaintiff November 14, 2006 s ? BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff, V. CYNTHIA GATES RONALD GATES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2140 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CYNTHIA GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 RONALD GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE BARON GROUP 931 N. FRONT STREET HARRISBURG, PA 17102 BENN & ROBINSON 135 N. GEORGE STREET YORK, PA 17401-1132 J « 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 900 DERBYSHIRE AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. November 6, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff z ' r ?a9 -- efl eo r ro .-+ ..+ i'.a W N C4 y z ?n .P w > .? Q. n m ? Z ff m -s CtJ O m o z z ?,br 0 tri z a v d :rip b o o? o c, o? ? b?? r trl H ? cn p ?' ?' x ? p o ? ? ? Z ? ;777?dd ° '? ? ? ? 'O ?• o ? R° z 00 00 00 d n 9 ?' g? rzze O C? p Z n C V G n y n ?y ?rl CIf tz CA a xy a O m? o d bd co -3 m Y C.' ? O n a y d n o ? ? n w m g$? o r CD 8 N 1-' O p *Sj co CD °' ?• ?• O' ?r. i?Tl ? U ? fD ni .. Q N? HMO Z ? tGYJ 4 5$Z6? O :3 M n o y a L Q g C no CL a o"?a w ? ? ? ? ,N.• Y ? o SdSrj ? `? ? ?. ? o w gt ' g?? PN ®Vy?3 ?f..g? d a o c ? ? rtrNev- -Y zo?3 r $ O 2 1 $ 02-450 6 2006 0004309825 JUN 2 MAILED FROMZIpGODE 19103 P (:) a? 00 J rn ?' P y p rz ? a D ? a N a A g' Z as c9 "' CFi m CD it O ?z a C7 z CD~ a "b $ r- 9 w •? cn ?' r i .? Ira. w ? Z °s w C tTl N 'a °.?° C V' CL a 0' tTl c $ ? `.S G? N 0 ?. b w m n O M p P C2 M M 0 fi+ Np ? C .to 914 ?`~p 70 Fn' ? 00 poft -ppy .Uwmo? mm" now" to 02 1M $ 00.950 0004218010 NOV 07 2006 A? c - MAILED FROM ZIP CODE 1910 3 F[I CD BANK OF NEW YORK AS TRUSTEE IN THE COURT OF COMMON PLEAS OF FOR THE CERTIFICATE HOLDERS CUMBERLAND COUNTY, PENNSYLVANIA OF CWALT 2004-J09 PLAINTIFF CIVIL ACTION - LAW V. CYNTHIA GATES RONALD GATES DEFENDANTS NO. 06-2140 CIVIL ORDER OF COURT AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, It,\-A., M. L. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Cynthia Gates zo?; Ronald Gates ???? Defendants bas J?. e ;ill . il ?D # i :0i ! AOIN'un 0Z 1w V PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificate Holders Court of Common Pleas of CWALT 2004409 Plaintiff : Civil Division Cumberland County vs. Cynthia Gates Ronald Gates Defendants : No. 06-2140 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the November 16, 2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Cynthia Gates Ronald Gates 1108 Ridge Drive Mechanicsburg, PA 17055 Cynthia Gates Ronald Gates 15 High Street Shiremanstown, PA 17011 DATE: Cynthia Gates Ronald Gates 900 Derbyshire Avenue Mechanicsburg, PA 17055 Phelan Hallinan & Schmieg, LLP jByhele M. Bradford, Attorney for Plaintiff Q " 1 Co C3 c co PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (715) 563-7000 Bank of New York as Trustee for the Certificate Holders Court of Common Pleas of CWALT 2004409 Plaintiff VS. : Civil Division : Cumberland County : No. 06-2140 Cynthia Gates Ronald Gates Defendants Bank of New York as Trustee for the Certificate Holders of CWALT 2004409 by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on November 8, 2006. 3. A Rule was entered by the Court on or about November 16, 2006 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on November 20, 2006, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 6, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Bradford, Esquire Attorney for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (21) 563-7000 Bank of New York as Trustee for the Certificate Holders Court of Common Pleas of CWALT 2004409 Civil Division Plaintiff Cumberland County VS. No. 06-2140 Cynthia Gates Ronald Gates Defendants BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RUIX ABSOLUTE A Motion to Reassess Damages was filed with the Court on November 8, 2006. A Rule was entered by the Court on or about November 16, 2006 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on November 20, 2006 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of December 6, 2006. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date Michele M. Bradford, Esquire Attorney for the Plaintiff Exhibit "A" BANK OF NEW YORK AS TRUSTEE : IN THE COURT OF COMMON PLEAS OF FOR THE CERTIFICATE HOLDERS : CUMBERLAND COUNTY, PENNSYLVANIA OF CWALT 2004409 PLAINTIFF CIVIL ACTION - LAW V. CYNTHIA GATES RONALD GATES DEFENDANTS NO. 06-2140 CIVIL ORDER OF COUF?T AND NOW, this 16th day of November, 2006, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendants to show cause why the relief requested should not be granted; 2. The Defendants will file an answer on or before December 6, 2006; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendants file an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. The Prothonotary is directed to forward said Answer to this Court. By the Court, M. L Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Cynthia Gates Ronald Gates Defendants bas rFWEOOWFFM fl An In et talon +?oly? wtie?l?ot, f h en ul and the IV of 80d Court at r obw he?IlMrr Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York as Trustee for the Certificate Holders of CWALT 2004409 Plaintiff VS. GoQ`, Cynthia Gates Ronald Gates Defendants Court of Common Pleas Civil Division Cumberland Count No. 06-2140 -gam i U_ C CERTIFICATION OF SERVICE C=I a 0 c CD -0 co I hereby certify that a true and correct copy of the November 16, 2006 Rule directing the defendant to show by December 6, 2006 was sent to the following individuals on the date indicated below. Cynthia Gates Ronald Gates 1108 Ridge Drive Mechanicsburg, PA 17055 Cynthia Gates Ronald Gates 15 High Street Shiremanstown, PA 17011 VQ ` e- DATE: ?l/o?O nJfo``? Q Cynthia Gates Ronald Gates 900 Derbyshire Avenue Mechanicsburg, PA 17055 Phelan Hallinan & Schmieg, LLP By: 24??? 12 Michele M. Bradford, Attorney for Plaintiff 9 v Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. ) a] r7 /C>(", Date Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 ('215)563-7000 Bank of New York as Trustee for the Certificate Holders of CWALT 2004409 Plaintiff vs. Cynthia Gates Ronald Gates Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 06-2140 I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Cynthia Gates Ronald Gates 1108 Ridge Drive Mechanicsburg, PA 17055 Cynthia Gates Ronald Gates 15 High Street Shiremanstown, PA 17011 Date: Ito Cynthia Gates Ronald Gates 900 Derbyshire Avenue Mechanicsburg, PA 17055 /Mjjlf?<= Michele M. Bradford, Esquire Attorney for Plaintiff 73 rn - ? .AI DEC 181006A''? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Bank of New York as Trustee for the Certificate Holders of CWALT 2004409 Plaintiff : Court of Common Pleas Civil Division : Cumberland County VS. Cynthia Gates Ronald Gates Defendants : No. 06-2140 /th AND NOW, this 7 day of ID Lxtvftb CT , 2006 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance Interest Through 12/06/06 Per Diem $33.23 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections AppraisalBPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 12/06/06 through the date of sale at six percent per annum. $195,654.99 18,060.79 363.78 1,675.00 897.00 0.00 1,653.25 0.00 0.00 0.00 0.00 10,141.24 $228,446.05 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 133838 t ? i ?? ?}„, r.'?? rry J ?''qs?,, `r G? ?? ? f ? ' ',w 1 t ,.t--. 4.,?! r t;?,?? ,j .?? Bank of New York as Trustee for the Certificate In the Court of Common Pleas of Holders of CWALT 2004409 Cumberland County, Pennsylvania VS Writ No. 2006-2140 Civil Term Cynthia Gates and Ronald Gates William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2006 at 1930 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: Cynthia Gates, by making known unto Cynthia Gates personally, at 1108 Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 25, 2006 at 1448 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: Ronald Gates, by making known unto Ronald Gates personally, at 15 High Street, Shiremanstown, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 10 10 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Cynthia Gates and Ronald Gates located at 900 Derbyshire Ave., Mechanicsburg, 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 defendants, to wit: Cynthia Gates and Ronald Gates, by regular mail to their last known addresses of 1108 Ridge Drive, Mechanicsburg, PA 17055 and 15 High Street, Shiremanstown, PA 17011. These letters were mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 16.32 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 30.80 Certified Mail 3.52 Levy 15.00 Surcharge 30.00 Law Journal 353.00 Patriot News 306.38 Share of Bills 15.94 $ 832.46 c1 /??9/bL So Answers: R. Thomas Kline, Sheriff Real Esta a ergeant By-?'& 7 t.? ? ?G X10 f,„ i PG 7 9y M BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CYNTHIA GATES RONALD GATES NO. 06-2140 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) CYNTHIA GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 RONALD GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) THE BARON GROUP 931 N. FRONT ST. HARRISBURG, PA 17102 931 N. FRONT ST. HARRISBURG, PA 17102 BENN & ROBINSON N/A 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS A NOMINEE FOR DECISION ONCE MORTGAGE COMPANY, LLC. 8201 GREENSBORO DRIVE MCLEAN, VA 22102 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 900 DERBYSHIRE AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unswom falsification to authorities. June 19, 2006 DATE DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff r BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 Plaintiff, V. CYNTHIA GATES RONALD GATES Defendant(s). TO: CYNTHIA GATES June 23, 2006 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 06-2140 RONALD GATES 15 HIGH STREET SHIREMANSTOWN, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at 900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on DECEMBER 6, 2006 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $212,594.93 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN LOT, PARCEL OR TRACT OF LAND WITH WROYEMFNTS THI REON ERECTBD SIT'UA'TE IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PM4N8YLVAWA, BOUNDI3D AND DESCRIBED AS FOLLOWS: BEGMING AT A POINT ON THE SOUTHERN LRM OF LANCELOT AVENUE AT THE NORTHEAST CORNER OF LOT NO. 146, IN THE PLAN OF CEISMM SQUARE MANOR, EXTENSION A PLAN 3; THENCE BY THE SOUTHEW LINE OF LANCELOT AVENUE SOUTH SDCTY-FIVE (65) DEGREES FI UY. -x(53) M WJTFS SIX (6) SECONDS EAST ONE HUNDRED THIRTY--THREE ANDTWENTY-NNE HUNDRF.I3THS (13329) FEET TO A POINT; THENCE BY AN ARC OR A CURVE TO THE RIGHT WITH A RADIUS OF T4 MfI Y (20) FEET, AN ARC DISTA NCB'OF IMTY A ND NMTY-TWO HUNDMTHS (30 92) FEET TO A POINT ON THE WESTERN LINE OF DERBYSHIRE AVMfUE; THENCE BY TIM WESTERN LINE OF D1IREYSHACE AVENUE SOUTH TH RIT-FIVE (35) DEGREES T4VM;TY TfiM (23) MLNUTE3 WEST ONE HUNDRED SEM AND FIFTY-THREE HUNDREDTHS (107.53) FEET TO A POINT; THENCE NORTH FORTY-NINE (49) DEGREES FIFTEEN (I S)HT-WES FIFTY-SEVEN (57) SECONDS WEST ONE HUNMRSD THIRTY-SEVEN AND SDITY-DOUR HUNDREDTHS (!37.64) FEET TO A POFNT; THENCE BY LOT NO. 14-6 NMTH TWENW-FOUR (24) DEGREES SIC (6) M04UM F1F!'Y-FOUR (54) SECONDS EMT NUff 'T'Y (90) FEET TO THE POD1T AND PLACE OF BEOI1 1NM PARCEL NO: 42-30-2108-228 TITLE TO SAID PREMISES IS VESTED IN Cynthia Gates and Ronald Gates by Deed from Cynthia K. Cleckner, dated 6/25/2002 and recorded 6/27/2002 in Book: 252, Page: 1943. Premises: CUMBERLAND COUNTY 900 DERBYSHIRE AVENUE MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2140 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF CWALT 2004409, Plaintiff (s) From CYNTHIA GATES AND RONALD GATES (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 $212,594.93 L.L. $.50 Interest FROM 6/19/06 TO 12/6/06 (PER DIEM - $34.95) -- $5,941.50 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $225.20 Other Costs Plaintiff Paid Date: JUNE 27, 2006 CURTIS R. LONG Prothonotary (Seal) `By: v _ ?f/Jjj6 Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 RM CV'D ftn-- GE) Estate Sale # 35 On August 24, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 900 Derbyshire Avenue, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 24, 2006 By: 0 ?1ruu Real Es ate Sergeant b Z :1 d E I Inn 9001 2 IN [) J' JA183HS ?Hli A 3J1A3?? PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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. :)k?- 0-4- ' Li Marie Coyne, dito SWORN TO AND SUBSCRIBED before me this 3 day of November, 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 35 Writ No. 2006-2140 Civil Bank of New York as Trustee for the Certificate Holders of CWALT 2004-J09 VS. Cynthia Gates and Ronald Gates Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the southern line of Lancelot Avenue at the northeast corner of Lot No. 146, in the plan of Center Square Manor, Extension A Plan 3; THENCE by the southern line of Lancelot Avenue South sixty-five (65) degrees fifty- three (53) minutes six (6) seconds East one hundred thirty-three and twenty-nine hundredths (133.29) feet to a point; THENCE by an are or a curve to the right with a radius of twenty (20) feet, an are distance of thirty and ninety-two hundredths (30.92) feet to a point on the west- ern line of Derbyshire Avenue; THENCE by the western line of Derbyshire Avenue South thirty-five (35) degrees twenty-three (23) min- utes West one hundred seven and fifty-three hundredths (107.53) feet to a point; THENCE North forty-nine (49) degrees fifteen (15) minutes fifty-seven (57) seconds West one hundred thirty-seven and sixty-four hundredths (137.64) feet to a point; THENCE by Lot No. 146 North twenty-four (24) degrees six (6) min- utes fifty-four (54) seconds East ninety (90) feet to the point and place of beginning. PARCEL NO: 42-30-2108-228. TITLE TO SAID PREMISES IS VESTED IN Cynthia Gates and Ronald Gates by Deed from Cynthia K. Cleckner, dated 6/25/2002 and recorded 6/27/2002 in Book: 252, Page: 1943. Premises: CUMBERLAND COUNTY, 900 DERBYSHIRE AV- ENUE, MECHANICSBURG, PA 17055. w 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 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 ................... ... Al .................................. COPY Sworn to and sub ri ed fore me t 15th da of November 2006 A.D. SALE #35 MMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg, Dauphin County Commissio Expires 6, 2010 ember, Penns ani A ation of Notaries v NOT PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 -1. BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004409 Plaintiff, V. CYNTHIA GATES RONALD GATES Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2140 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004- J09, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) ATTN: John Murphy 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 24, 2007 DATE DANIEL G. SC G, ESQ1XRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004409 Plaintiff V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION CYNTHIA GATES RONALD GATES Defendant(s) NO. 06-2140 AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 900 DF.RRYSHIRF. AVF.NI IF. MFCHAWlCSRIJRGr, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ? a ANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: Ortnh .r 4, 007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he sold in the ahsen of a r .presentative of the plaintiff at the Sheriffs Sale, The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 133838 F0 S ?w 0 ?a ?a gin U z? a e 6b? z 40 F l b ? u l 8 C B 3UO?dQ "A 43MIVW RZ tZd otogLzbo00 W? t0 - a w a ? a ? A Q a o? o x ?a A4 on M •?' •;•` L N C b 2 3 w xe? $F l , mi l 00 a b o •on } a e a, ?, o o ?a ? 3a z F °, 9 a. ti rx a p a U V ? q 8 OL M o a CD 69 a m N R eo p a o?j ii .44 11.0 H A v I E z m a ?+ N M wl % co O+ M kn r r? c- % ? n ..-y ? =;? ? - , ?' .?' ? ,. , AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004409 DEFENDANT(S) CYNTHIA GATES RONALD GATES SERVE RONALD GATES AT 15 HIGH STREET SHIREMANSTOWN, PA 17011 o C2) ?r-???rs ? CUMBERLAND COUNTY No. 06-2140 ACCT. #133838 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 SERVED Served and made known to ROlut't-b T" , Defendant, on the 5-?'h day of OC7AK , 20077, at %C , o'clock&.m., at J?03 'PIN&TOViN 12b.., WjEU_gvIL.LE , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _4 Height Weight L Race W Sex /N Other I, Rj2?4-Lb 00 L-L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this Z?5 day of O?G 7. _ Notary COMNiISa?lO?,I ?i6? 31.4' PLEA E E1V 4VI4%A1 EAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. 9 _f I ?,K)q NOT SERVED On the day of ®c QB ,Q , 2001, at 3:06 o'clock P .m., Defendant NOT FOUND because: 8cc1APONT %1-ft ED.Fln* 5,j doe5 Moved Unknown No Answer Vacant hLo,t tr'GCicF'e har'e c k 84 CS V1 ,4f a u,?i&44i44 13+ Attempt: Time: 2"d Attempt:r' Gs Tune vEsrlf?-'ll jrJ+sG(oSe?f e tom- Ur. 6*-raS CkAf N1Ly TF-S iOSS 3rd Attempt: Time: (10 3 D "pro w1i 2Q WCUSviL(,F-# P-A I-7365 Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 Of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (2157 563-7000 7 ?` g--g rr G'3 co ` ti AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004409 DEFENDANT(S) CYNTHIA GATES RONALD GATES SERVE CYNTHIA GATES AT 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 CUMBERLAND COUNTY No. 06-2140 ACCT. #133838 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 5, 2007 SERVED Served and made known to l YOU-T414 &IFFS , Defendant, on the d 3r64 day of 200-1, at ,o'clock R.m., at (6 $ i D 6 _ 1 V E + ME-O& P -S iso P-6- ,Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age :> c.r5 Height E? "r Weight 1570 Race W Sex Other :2 2 I, ?Ok" MO IA, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. "I aF ??A`4h'R'°ty Sworn to and subscribed ?IiON p1RE3 before me this ? day of C'OtWt 2 24.; 200 Notary: By: PLE „fit ?IMES. INDICATE DATES & TIMES OF SERVICE ATTF.MPTFD. MISSION E"IREJ NOT SERVED On the day of 200. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1$t Attempt: Time: 2"d Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 rv ' ? r r f Q1 t a CD co COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which CWALT2004409 TR is the grantee the same having been sold to said grantee on the 5TH day of MARCH A.D., 2008, under and by virtue of a writ Execution issued on the 29TH day of AUG, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 2140, at the suit of CWALT2004-JO9 TR against CYNTHIA GATES & RONALD GATES is duly recorded as Instrument Number 200811281. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this //Q day of A.D. 16 m of Deeds iaeomw d azwt, cumoerww county, Cantle, PA My Cmn ietlon F*es to Fuel Monday of Jan. 2010 Bank of New York as Trustee for the In the Court of Common Pleas of Certificate Holders of CWALT 2004409 Cumberland County, Pennsylvania VS Writ No. 2006-2140 Civil Term Cynthia Gates and Ronald Gates R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Ronald Gates, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of York County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, in the above entitled action, according to law. York County Return: And Now, November 02, 2007 at 1747 hours served the within Real Estate Writ, Notice of Sheriffs Sale and Description upon the within named defendant, Ronald Gates by personally handing to Ronald Gates at 1703 Pine Town Road, Wellsville, Pennsylvania, and made known unto him the contents thereof. So answers: James V. Vangreen, Acting Sheriff of York County, Pennsylvania. Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on October 25, 2007 at 1955 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: Cynthia Gates, by making known unto Cynthia Gates personally at 1108 Ridge Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at 1010 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ronald Gates and Cynthia Gates located at 900 Derbyshire Ave., Mechanicsburg, 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: Cynthia Gates by regular mail to her last known address of 1108 Ridge Drive, Mechanicsburg, PA 17055. This letter was mailed under the date of October 26, 2007 and never returned to the Sheriffs Office. 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: Ronald Gates by regular mail to his last known address of 1703 Pine Town Road, Wellsville, PA 17365. This letter was mailed under the date of November 21, 2007 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 March 5, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg on behalf of Bank of New York as Trustee for the Certificateholders of CWALT 2004409. It being the highest bid and best price received for the same, Bank of New York as Trustee for the Certificateholders of CWALT 2004409 of 7105 Corporate Drive, Plano, Texas 75024, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $5,234.97. Sheriffs Costs: Docketing $30.00 Poundage 97.74 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 23.04 Levy 15.00 Surcharge 30.00 Out of County 9.00 York County 57.92 Postpone Sale 40.00 Law Journal 1062.00 Patriot News 3328.10 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 ? y?/o?d F $5,234.97 So Answers: R. Thomas Kline, Sheriff B)OC Real EstbL-? ant;4?.? el a "'' L 3 0 ?a , BANK OF NEW YORK AS TRUSTEE FOR THE ` CERTIFICATEHOLDERS OF CWALT 2004409 CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION CYNTHIA GATES RONALD GATES NO. 06-2140 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004- J09, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name CYNTHIA GATES RONALD GATES Last Known Address (if address cannot be reasonably ascertained, please indicate) 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 15 HIGH STREET SHIREMANSTOWN, PA 17011 Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) The Baron Group 931 North Front Street Harrisburg, PA 17102 Benn & Robinson C/o Tara A. Wempe, Esquire Attorneys at Law 135 North George Streeet York, PA 17401-1132 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 900 DERBYSHIRE AVENUE MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. August 24, 2007 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004409 Plaintiff, V. CYNTHIA GATES RONALD GATES Defendant(s). CUMBERLAND COUNTY No. 06-2140 August 24, 2007 TO: CYNTHIA GATES 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 RONALD GATES 15 HIGH STREET SHIREMANSTOWN, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 900 DERBYSHIRE AVENUE, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on DECEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $228,446.05 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004409 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 567000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 r LEGAL DESCRIPTION ALL THAT CERTAIN LOT, PARCEL OR TRACT OF LAND WITH IMPROVEMENTS THEREON ERECTED SITUATE IN UPPER ALLEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED-AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERN LINE OF LANCELOT AVENUE AT THE NORTHEAST CORNER OF LOT NO. 146, IN THE PLAN OF CENTER SQUARE MANOR, EXTENSION A PLAN 3; THENCE BY THE SOUTHERN LUTE OF LANCELOT AVENUE SOUTH SIXTY-FIVE (65) DECREES FIFZTX-THREE(53) MINUTES SIX(6) SECONDS EAST ONE HUNDRED THIRTY-THREE AND TWENTY-NINE HUNDREDTHS (133.29) FEET TO A POINT; THENCE BY AN ARC OR A CURVE TO THE RIGHT WITH A RADIUS OF TWENTY (20) FEET, AN ARC DISTANCE-OF THIRTY AND NINETY-TWO HUNDREDTHS (30.92) FEET TO A POINT ON THE WESTERN LINE OF DERBYSHIRE AVENUE; THENCE BY THE WESTERN LINE OF DERBYSHIRE AVENUE SOUTH THIRTY-FIVE (35) DEGREES TWENTY-THREE (23) MINUTES WEST-ONE HUNDRED SEVEN AND FIFTY-THREE HUNDREDTHS (107.53) FEET TO A POINT; THENCE NORTH FORTY-NINE (49) DEGREES FIFTEEN (15) MINUTES FIFTY-SEVEN (57) SECONDS WEST ONE HUNDRED THIRTY-SEVEN AND SIXTY-FOUR HUNDREDTHS (137.64) FEET TO A POINT; THENCE BY LOT NO. 146 NORTH TWENTY-FOUR (24) DEGREES SIX (6) MINUTES FIFTY-FOUR (54) SECONDS EAST NINETY (90) FEET TO THE POINT AND PLACE OF BEGINNING. Parcel No: 42-30-2108-228 TITLE TO SAID PREMISES IS VESTED IN Cynthia Gates and Ronald Gates by Deed from Cynthia K. Cleckner, dated 6/25/2002 and recorded 6/27/2002 in Book: 252, Page: 1943. Premises: CUMBERLAND COUNTY 1108 RIDGE DRIVE MECHANICSBURG, PA 17055 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK as Trustee for THE CERTIFICATEHOLDERS OF CWALT 2004-JO9, Plaintiff (s) From CYNTHIA GATES & RONALD GATES (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 $228.446.05 L.L. Interest from 12/07/06 to 12/05/07 - (per diem - $37.55) - $13,668.20 and Costs Atty's Comm % Atty Paid 4 1, 0"!9.16 Plaintiff Paid Due Prothy $2.00 Other Costs $3,376.50 Date: 8/29/07 (Seal) REQUESTING PARTY: K is R. Long, ProthonotaryBy: &J" ?• Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 48 On September 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Upper Allen Township, Cumberland County, PA Known and numbered as 900 Derbyshire Avenue, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 6, 2007 By: 'd ?Real Estat Sergeant PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. 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: February 8, February 15 and February 22, 2008 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-T-6 AND SUBSCRIBED before me this 22 day of February, 2008 C2ZX&Ndotary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL SHERIFF'S SALE Rescheduled from December 5, 2007 Wednesday, March 5, 2008 By virtue of certain Writs of Ex- ecution, issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to me directed, I will expose at public sale by public vendue or outcry, at the Cumberland County Court House, in the Borough of Carlisle, Pennsylvania at 10:00 o'clock A.M. Prevailing Time on the above date, the hereinafter mentioned real estate. All parties in interest and Claim- ants are hereby notified that a sched- ule of Distribution will be filed by the Sheriff on or before April 4, 2008, that distribution will be made in ac- cordance with said schedule unless exceptions are filed thereto within ten (10) days thereinafter. REAL ESTATE SALE NO. 49 Writ No. 2006-2140 Civil Bank of New York as Trustee for the Certificateholders of CWALT 2004-J09 VS. Cynthia Gates and Ronald Gates Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Al- len Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the southern line of Lancelot Avenue at the northeast corner of Lot No. 146, in the Plan of Center Square Manor, Extension A Plan 3; thence by the southern line of Lancelot Avenue South Sixty-Five (65) degrees Fifty- Three (53) minutes Six (6) seconds East One Hundred Thirty-Three and Twenty-Nine Hundredths (133.29) feet to a point; thence by an arc or a curve to the right with a radius of Twenty (20) feet, an arc distance of Thirty and Ninety-Two Hundredths (30.92) feet to a point on the western line of Derbyshire Avenue; thence by the western line of Derbyshire Av- enue South Thirty-Five (35) degrees Twenty-Three (23) minutes West One Hundred Seven and Fifty-Three Hundredths (107.53) feet to a point; thence North Forty-Nine (49) degrees Fifteen (15) minutes Fifty-Seven (57) seconds West One Hundred Thirty- Seven and Sixty-Four Hundredths (137.64) feet to a point; thence by Lot No. 146 North Twenty-Four (24) de- grees Six (6) minutes Fifty-Four (54) seconds East Ninety (90) feet to the point and place of BEGINNING. BEING THE SAME PREMISES WHICH Rhoda L. Kepner and Richard T. Wilson by Deed dated September 15, 1999 and recorded September 21, 1999 in Deed Book 208, Page 104 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto Cynthia K. Cleckner, Grantor herein. TITLE TO SAID PREMISES IS VESTED IN Cynthia Gates and Ronald Gates by Deed from Cynthia K. Cleckner, dated 6/25/02 and recorded 6/27/02 in Book: 225, Page: 1943. PROPERTY BEING: 900 DERBY- SHIRE AVENUE. Parcel No: 42-30-2108-228. TERMS As soon as the property is knocked down to a purchaser, 10% of the pur- chase price or all costs whichever may be higher, shall be delivered to the Sheriff. If the 10% payment is not made as requested, the Sheriff will direct the auctioneer to resell the property. 15 CUMBERLAND LAW JOURNAL The balance due shall be paid to the Sheriff by NOT LATER THAN Monday, March 24, 2008 at 12:00 noon, Prevailing Time, otherwise all money previously paid will be forfeited and the property will be re- sold on April 2, 2008 at 10:00 A.M. Prevailing Time in the Cumberland County Sheriffs Office Court House, Carlisle, PA. R. Thomas Kline, Sheriff Cumberland County Carlisle, PA Feb. 8, 15, 22 16 The Patriot-News Co. .812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ?J? ?d?lQlr?elUS Now you know 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad ran on the date(s) shown below: 10/24/07 10/31/07 11/07/07 i Sworn to 6n ubscribed b fo me this 30 day of November, 2007 A.D. ?Z. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal James L. CWk. Notary Public City Of Harrisburg, oaWW County My CommisWi EVres June 2, 2008 Member, Pennsylvania Ass00stion of Notaries AU. 'IHO 1 UR BABEL M arm A 'o ONE HUNDWMW [197.S.5k ?l?AIPQiMA': nom No (d9) DOOPOS m frIY- SEVEN (57) SBMM MW ONE AM" iswvom AM ST T- '1rHElV' r {24 D7 =`° (6) MW 411f ?9.VESTW IN ??p Cwmed 13om cecadid 61l?dF aAdG 1943. Premises: QIAII Y 1106 RM DRIVE YAMMICSOMM? PA 1'7055 . The. Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 14t Pahiot News Now you know 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 since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. 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 This ad # 0001808933 ran on the dates shown below: February 06, 2008 r February 13, 2008 February 20, 2008 orn to and supscribed before me this 2ay?df March, 2008 A.D. Public ?A? OMI .TH OF PENNSYLVANIA Nob 9W Seal 9moM L MW, NOWY Pubk W ? E* Nov. Z8, 2011 Member, Pwwwo+" Anodskm W rc` xi ? ? r T?T1?E PC)1'. T sIt, jNG% tits 1 of IE ?LP,( EOF EEGD SE wH1 E PRE ?of ttaln hg NG T 5AM tichar 1'. i il5on BY vltt a .. lot ed out as Of R da L {eP rand 5 19 1 an record re%ec n Deed ook 68, a f on d dates septembe' ut% n" a M ou ty, Sul'e a d and a ?$e tember 21, 1999 geco er Deed's of the s 1?an , 8 1111 O out 1?1I5 eC?beTlan Fount. la Cleckn , pennSY Xe 1 d o (n to dl t U Ile enued ou an ted for and conveyed un Y b gat 18 e TO the 60 Ug of G ntorhe1ein• 165 2'•8 TED 1 00 1No••.#230 Cpurt U , nn Ivanla ,mg oft vi"? eed fr p linE TO SAID g onad Gat by a Carlisle val lna of dated 525 062 o"clock ate the th 1C this GgeBCleckner, pay 1943. e te. i thia ok'.25 , the a real sta ; i c raea ?2?12arz m &nti0 pd re gERLAND 0 G. Oted rinses. CCHPN SB into All pa's are hereby IbutNOn D byshire Claims" ?r ul ol CIS o or 1 55 a• that a by qe She tt ; Vil" er 'll A ri w j' be 0 ade `? in to hed le distrlbu said I ed accord' WI one a unles?0 t ?c'he n± ten l1 1 d??Ys there ; thereln? ,' 1 ?"?'??, Sale N 49 aei 140 Clv ? or Writ t4 k a$ CWI Bank c N a ldars c r the Cer` s 20 09 1 S hla ates an .4Y nai Gates M and 1 Sct% ION 1 r ? 1 D SC L CEL OR soon as t to a pu l of p d r pI L fHA RT 1THipR EMIT R of purchase p hig r, 1 /o ...at m TRACT 00 L 1 T E SnvA? ER1 AND is whlchevTed to e ' delive t l THEREO s c ED b it be n r'I t Il h Itl AT,LEN T MANIA, o fs AO%psY the COUNT, '^ p D A POLLOtNS ON ':CHE 1 reqUesteu on t 11 pD DES pT poINT AVE1 nct the BV, L No. oGI HEg L E ° ca NER p L t a pbal{laantty. ce dues 11 LA? S ATMN LAN FA PLANE ; TfCE t the Ma M 146, 11' oR NSI L of ANC AN prey 111 VE ; (65) 12:00 nom' all rle '5-f TM 5 UTH Ay NUE '` TE153Y S D h810US1y Paid v?IIWI DEGREES E T ONE E d the Pt O at 0. t rl? 2, 1 A edtNT; Ap Tim a her (6) SEC D D THIRT ?- (133 9) pEET ETO?LHE availing Coy rlisl ONCE AR OR p U (2o) mberlCOUi't Hou THE IUS ce , RIOHT DIST CE OF 1 •92) MI&T, AN O REDIHS L op TO p?Ypo T E E' T g 5 1RE ` ??. ?? , ?' g`rA 5 $ D kB S H` OHIgTY E '.135) ` D r s FO ?' t E S UT (23 ale po"es CO ax. , A ne 11,200$ -VG DsE M 5 kl(P 53) (49) ept.3+2?g T E E 15) ?y ST ?i DEGREES IR NDS A D A . $h_sC SEVEN SEVEN 1?UNDRE . t 13'1.64) R'tK :', ?1?d O D 46 N POUR g Lc7T NO, r 6 POST T 14 E 2) DEC?RE ^ S '( ) PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. 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 26, November 2 and November 9, 2007 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. Coyne, SWORN 10 AND SUBSCRIBED before me this 9 day of November, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 49 Writ No. 2006-2140 Civil Bank of New York as Trustee for the Certificateholders of CWALT 2004-J09 vs. Cynthia Gates and Ronald Gates Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot, parcel or tract of land with improvements thereon erected situate in Upper Al- len Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: BEGINNING at a point on the southern line of Lancelot Avenue at the northeast corner of Lot No. 146, in the plan of Center Square Manor, Extension A Plan 3; thence by the southern line of Lancelot Avenue South sixty-five (65) degrees fifty- three (53) minutes six (6) seconds East one hundred thirty-three and twenty-nine hundredths (133.29) feet to a point; thence by an arc or a curve to the right with a radius of twenty (20) feet, an arc distance of thirty and ninety-two hundredths (30.92) feet to a point on the western line of Derbyshire Avenue; thence by the western line of Derbyshire Avenue South thirty-five (35) degrees twenty- three (23) minutes West one hundred seven and fifty-three hundredths (107.53) feet to a point; thence North forty-nine (49) degrees fifteen (15) minutes fifty-seven (57) seconds West one hundred thirty-seven and sixty-four hundredths (137.64) feet to a point; thence by Lot No. 146 North twenty-four (24) degrees six (6) minutes fifty-four (54) seconds East ninety (90) feet to the point and place of BEGINNING. Parcel No: 42-30-2108-228. TITLE TO SAID PREMISES IS VESTED IN Cynthia Gates and Ronald Gates by Deed from Cynthia K. Cleckner, dated 6/25/2002 and recorded 6/27/2002 in Book: 252, Page: 1943. Premises: CUMBERLAND COUN- TY, 1108 RIDGE DRIVE, MECHAN- ICSBURG, PA 17055.