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HomeMy WebLinkAbout06-3226PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 ATTORNJY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 135674 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING COURT O COMMON PLEAS AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CIVIL DI ISION CERTIFICATES SERIES 2004-WWFI 3476 STATEVIEW BLVD FORT MILL, SC 29715 TERM NO O - 3?ab e L?C Plaintiff . ?ut n L_ V. CUMBER AND COUNTY MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL 207 GEARY STREET NEW CUMBERLAND, PA 17070 Defendants CIVIL ACTION - LAW NOTICE You have been sued in court. If you wish to defend against the clain pages, you must take action within twenty (20) days after this complaint and entering a written appearance personally or by attorney and filing in writing or objections to the claims set forth against you. You are warned that if you proceed without you and a judgment may be entered against you by the cour any money claimed in the complaint or for any other claim or relief requeste lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. II LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MA) YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL 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 s set forth in the following iotice are served, by dith the court your defenses ail to do so the case may without further notice for by the plaintiff. You may YOU DO NOT HAVE A IFFICE CAN PROVIDE YOU BE ABLE TO PROVIDE ERVICES TO ELIGIBLE File 4 : 135674 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECE#VED 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 DEFE DANT(Sl DO SO IN WRITING WITHIN THIRTY (30) DAY RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATD THEREOF; OTHERWISE, THE DEBT WILL BE TO BE VALID. LIKEWISE, IF REQUESTED WI' THIRTY (30) DAYS OF RECEIPT OF THIS PLEi COUNSEL FOR PLAINTIFF WILL SEND DEFEP THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT I. THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BE SUING YOU TO COLLECT THIS DEBT. EVEN' THE LAW PROVIDES THAT YOUR ANSWER T COMPLAINT IS TO BE FILED IN THIS ACTION TWENTY (20) DAYS, YOU MAY OBTAIN AN EX OF THAT TIME. FURTHERMORE, NO REQUEI BE MADE TO THE COURT FOR A JUDGMENT THE EXPIRATION OF THIRTY (30) DAYS AFTI HAVE RECEIVED THIS COMPLAINT. HOWEV YOU REQUEST PROOF OF THE DEBT OR THE AND ADDRESS OF THE ORIGINAL CREDITOR THE THIRTY (30) DAY PERIOD THAT BEGINS YOUR RECEIPT OF THIS COMPLAINT, THE L, REQUIRES US TO CEASE OUR EFFORTS (THR LITIGATION OR OTHERWISE) TO COLLECT I UNTIL WE MAIL THE REQUESTED INFORMA' YOU. YOU SHOULD CONSULT AN ATTORNEY ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RE DISCHARGE, THIS IS NOT AN ATTEMPT TO A DEBT. IT IS AN ACTION TO ENFORCE A I REAL ESTATE. OF ) THIS WITHIN TENSION T WILL JNTIL R YOU ER, IF NAME WITHIN JPON ,W )UGH HE DEBT 'ION TO FOR JVED A )LLECT N ON File #. 135674 Plaintiff is 2. 4. WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER I, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWFI 3476 STATEVIEW BLVD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL 207 GEARY STREET NEW CUMBERLAND, PA 17070 who is/are the mortgagor(s) and real owner(s) of the property described. On 1 1/16/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1889, Page: 4341. PLAINTIFF is now the legal owner of the mortgage and is in he process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal ai mortgage due 12/01/2005 and each month thereafter are due and unI mortgage, upon failure of mortgagor to make such payments after a notice sent to Mortgagor, the entire principal balance and all interest forthwith. interest upon said 1, and by the terms of said e specified by written e thereon are collectible File k. 135674 6. The following amounts are due on the mortgage: Principal Balance Interest 11/01/2005 through 05/31 /2006 (Per Diem $22.86) Attorney's Fees Cumulative Late Charges 11/16/2004 to 05/31/2006 Cost of Suit and Title Search Subtotal Escrow Credit Deficit Subtotal TOTAL 00.968.91 4,846.32 1,250.00 38.38 550.00 07,653.61 0.00 243.00 $ 107,896.61 The attorney's fees set forth above are in conformity with the mortga a documents and Pennsylvania law, and will be collected in the event of a third party p rchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice Assistance Program pursuant to Act 91 of 1983, as amended in 1998, required by the mortgage document, as applicable, have been sent to date(s) set forth thereon, and the temporary stay as provided by said r Defendant(s) has/have failed to meet with the Plaintiff or an authorize counseling agency, or has/have been denied assistance by the Pennsy Agency. This action does not come under Act 6 of 1974 because the original $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defer 107,896.61, together with interest from 05/31/2006 at the rate of $22.86 per Judgment, and other costs and charges collectible under the mortgage and to the mortgaged property. PHELAN HALLINAN & SCH By: LAWRENCE T. PHELAN, ES, FRANCIS S. HALLINAN, ES( Attorneys for Plaintiff Homeowner's Emergency 1d/or Notice of Default as Defendant(s) on the ice has terminated because consumer credit nia Housing Finance amount exceeds lant(s) in the sum of $ liem to the date of the foreclosure and sale of LLP File 4 135674 LEGAL DESCRIPTION ALI. THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the southeastern corner of Geary Ave ue and a 20 foot wide alley; thence southward along a line of Geary Avenue, 114.7 feet to a 10 foot wide alley; thence n rthwardly along the line of said alley, 114.7 feet through the center of a partition wall dividing a 2-1/2 story double d el ling house to Geary Avenue, to the point and place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, UNDER AND SUBJECT to all restrictions and easements of record BEING THE SAME PREMISES Which Greg A. Alt and Jamie Alt, husband and wi recorded July I, 2003, in the Office of the Recorder of Deeds in and for Cumberland 257 Page 4388 granted and conveyed unto Derrick F. Clemmer, and Danielle R. Clel By the deed dated June 27, 2003, unty Pennsylvania, in Deed Book er. husband and wife. File N: 135674 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is in this matter, that Plaintiff is outside the jurisdiction of the court and or be obtained within the time allowed for the filing on the pleading, that hi verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements in Action in Mortgage Foreclosure are based upon information supplied by correct to the best of his knowledge, information and belief. Furthermor to substitute a verification from Plaintiff as soon as it is received by cour. The undersigned understands that this statement is made subject to the Sec. 4904 relating to unswom falsification to authorities. for PLAINTIFF Verification could not authorized to make this in the foregoing Civil are true and it is counsel's intention of 18 Pa. C.S. FRANCIS S. HAI Attorney 'AN, ESQUIRE Plaintiff DATE: 3i1?? -4t (93 G ov? -TJ ) C G7 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 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES .d?d DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES' ARE HEREBY ASSESSED AS INDICATED. D DATE: ?Ie.aU( X006 PROP THY TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against MICHAEL R. MINAHAN and EMILY MINAHAN A/K/A EMILY M. SAUL, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 6/1/06 to 7/18/06 TOTAL CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 $107,896.61 $1,097.28 $108,993.89 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. 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 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-W WFI 3476 STATEVIEW BOULEVARD Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 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 not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MICHAEL R. MINAHAN is over 18 years of age and resides at, 207 GEARY STREET, NEW CUMBERLAND, PA 17070, (c) that defendant EMILY MINAHAN A/K/A EMILY M. SAUL is over 18 years of age, and resides at, 207 GEARY STREET, NEW CUMBERLAND, PA 17070. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Ao? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff PHEL 5,N I IALUNAN & SCHMIEG, LLP By: Lawrence T. Phalan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallman, Esq., Id. No. 62695 D.miel G Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 215 SC;-7000 WACI IOVIA BANK, N.A., AS TRUSTEE. POOLING COURT OF COMMON PLEAS AND SERV ICING AGREEMENT DATED AS OF NOVI'AI;ER1,-004, ASSET BACKED PASS- CIVIL DIVISION THRCUGI I CFI: F!FICATES SERIES 2004-WWFI Plaintiff CUMBERLAND COUNTY Vs. :NO. 06-3226-CIVIL TERM MICI I VFi, R. VI1yAHA.N EMIL`/N1;NAIiA VK/A EMILY M.SAUL Defendants TO: ,IiC IA .L Ii.MINAHAN COPY GI;' RY 20? STREET FILE C! 2:1I B E RLAND, PA 17070 DATE O F N OT I _: E: J U N E 28, 2006 '11 IS 171:1'M IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO ;Il R AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY "OR dAT[ON OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE 11I'.P.VICIJSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SIIC)ULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS is PORCIMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE 'r CU F,'a. l' IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSON \-i,Y C1I: 11Y ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJI'-TIC-':S F'? TI IF CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATI 01 1; F', I-ICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY L0 31 'i I )U PROPERTY OR OTHER IMPORTANT RIGHTS. Y(! J SI;t' ULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR I FI,I'.P!FONE THE OFFICE SET FORTH BELOW. THIS Of FICE CAN PROVIDE YOU WITH INFO :NIA ION %.'30L IT HIRING A LAWYER. IF ''OU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFO21IA' 1ON A130UT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REM CED PEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9105 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN I' 11I11NAN & SCHMIEG, LLP • By: L ir. i c . c T. Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis ; . I-iai I nan, Esq., Id. No. 62695 D:micl C Sdnnicg, Esq., Id. No.62205 Philadelphi.i. PA 19103 (215_5;3=,100 WACI 10V1% 13AN!C, N.A., AS TRUSTEE. POOLING COURT OF COMMON PLEAS AND SF I V CIN ; AGREEMENT DATED AS OF NOVLMPE": 1,: 004, ASSET BACKED PASS- CIVIL DIVISION THROUGH =ER FFICATES SERIES 2004-WWFI Plaintiff CUMBERLAND COUNTY Vs. :NO. 06-3226-CIVIL TERM MIC'-IALi, b:- PIINAf-IAN EMILY 1,:1'1 1FIAN VK/A EMILY M. SAUL Defendants TO: 1 1,Y C 1 IN AHAN A/K/A EMILY M. SAUL GEA11Y STREET N? C'UA9BERLAND,PA17070 DATEOP-CTICI?:.IUNE28,2006 l i.IS FIRi . IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY fi?!Y)R?4P,TION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PFl`.'.VIOLISL,Y RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SI;OULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS 1' *i FO R CI , NI EN T OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YC'U AEI: !N DEFAULT BECAUSE YOU HAVE FAILED TO ENTERA WRITTEN APPEARANCE PERS:)NAI.I,Y OS SY ATTORNEY AND FILE IN WRITING W[TH THE COURT YOUR DEFENSES OR OB.IL -I 1(iXS -10 I I IE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATIOF IBIS Nf) FICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY I.0 4'YOIJ I: PROPERTY OR OTHER IMPORTANT RIGHTS. YOi,' Y-,MILD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO "I'0 OI? "I 1-'L1,11T ZONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INI'OitMAI ;UN ABOUT I I [RING A LAWYER. IF YOU CP,NNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFO71' M:',T1ON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDI Cl4D PI?E 01: NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9105 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff l o ? u oj% (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWFI 3476 STATEVIEW BOULEVARD CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2001... .26 By: 4a If you have any questions concerning this matter, please contact: 'Al , p P . _2LC"Aj DANIEL G. SCHMIEG, ESQU 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL No. 06-3226 Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $108,993.89 Interest from 7/18/06 to DECEMBER 6, 2006 $2,526.72 and Costs (per diem -$17.92) TOTAL $111,520.61 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. a ? HH a z Oz wvWi ., vd, z Ht?$ag w W .Q; O N z W w v a dw,FWd Oo Qz z5 ? a as dAok ?z w SOUw U E?? dOF U W a ?U ?aA t v 1 ?`?/r O bt w w 00 as UU zz ?a d ? GW7 N N y a a. w 1 U bh '? ? f v WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3226 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004-W WFl, Plaintiff (s) From MICHAEL R. MINAHAN, EMILY MINAHAN A/K/A EMILY M. SAUL (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 $108,993.89 L.L. $.50 Interest FROM 7/18/06 TO 12/6/06 (PER DIEM - $17.92) - $2,526.72 AND COSTS Atty's Comm % Arty Paid $140.96 Plaintiff Paid Date: JULY 20, 2006 (Seal) Due Prothy $1.00 Other Costs Ce TI LONG Prothonotary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. 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 Deputy 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 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 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 unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff n..? ' i I t --i y(_. t',:? ___ 4::. WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN AWA EMILY M. SAUL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SERIES 2004-W WFI, 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.207 GEARY STREET, NEW CUMBERLAND. PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name MICHAEL R. MINAHAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 207 GEARY STREET NEW CUMBERLAND, PA 17070 EMILY MINAHAN 207 GEARY STREET A/K/A EMILY M. SAUL NEW CUMBERLAND, PA 17070 2. Name and address of Defendant(s) in the judgment: Same as above 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) UNION FEDERAL BANK 7500 WEST JEFFERSON BLVD. OF INDIANAPOLIS FORT WAYNE, IN 46801 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) 207 GEARY STREET NEW CUMBERLAND, PA 17070 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. July 18, 2006 040 t2 m 11 /.J • ?( f1/VYI y DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ,,, a >> ; - _. < _?, _ ;,.., _ 0 ?':, ? , 'i s , <.: WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-W WF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). TO: MICHAEL R. MINAHAN July 18, 2006 207 GEARY STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 06-3226 EMILY MINAHAN A/K/A EMILY M. SAUL 207 GEARY STREET NEW CUMBERLAND, PA 17070 "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 AN ATTEMPT TO COLLECT A DEBT. BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY." Your house (real estate) at, 207 GEARY STREET, NEW CUMBERLAND, PA 17070, 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 $108,993.89 obtained by WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND THROUGH CERTIFICATES SERIES 2004-WWFI (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 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the southeastern comer of Geary Avenue and a 20 foot wide alley; thence southward along a line of Geary Avenue, 114.7 feet to a 10 foot wide alley; thence northwardly along the line of said alley, 114.7 feet through the center of a partition wall dividing a 2-1/2 story double dwelling house to Geary Avenue, to the point and place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, Pennsylvania. UNDER AND SUBJECT to all restrictions and easements of record BEING THE SAME PREMISES Which Greg A. Alt and Jamie Alt, husband and wife, By the deed dated June 27, 2003, recorded July 1, 2003, in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in Deed Book 257 Page 4388 granted and conveyed unto Derrick F. Clemmer, and Danielle R. Clemmer, husband and wife. CONTROL #: 25000713 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael Minahan and Emily Minahan, husband and wife, by Deed from Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, dated 11/16/2004, recorded 12/02/2004, in Deed Book 266, page 2594. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, by Deed from Greg A. Alt and Jamie Alt, husband and wife, dated 06/27/2003, recorded 07/01/2003, in Deed Book 257, page 4388. PARCEL IDENTIFICATION NO: 25-25-0006-220 PREMISES BEING: 207 GEARY STREET, NEW CUMBERLAND, PA 17070 ,? 01/01/1994 16:03 6092190173 PHARMACO AFFIDAVIT OF SERVICE PLAINTIFF WACHOVIA BANK, MA., AS TRUSTEE. FOOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER f. 2004. ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004- WWFI DEFENDANT(S) MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL SERVE: R. MINAHAN 2ft Y, STREET hT* OMMIRLAND, PA 17070 PAGE 15 CUMBERLAN17 COUN'T'Y /LLD No. 06-3226 N3# a5 ,q r ACCT. #1247023199 `( Type of Action - Notice of Sheriffs Sale Sale Date: DFCFMBFIt 6, 2006 SERVED Served anted mn* known to tha i , Defendant, on the 2a _ day of UN (y.-, 20011, at 7 2f eFoWklern.,at. ZC l Geary S4-. Commonwealth of Pemuydvetldli, int lte iaananr described below: ?oeAOdapl IsKtalsuN served. A6Yk!t Wfy mgtber with whom Defandant(s) reside(s). Name and Relationship is __...._.? ._ klcrtlrge dDafettdangs)'s residence who refused to give name or relationship. 0004pJACIork ofplaos of lodging in which Defendant(s) reside(s). AgeA of jeraoa k charge of Defendam(s)•s office or usual place of business. O d. officer of said Delendant(s)'s company, tkttr, Desetiptioa: Agejt40 HeightTlill Weight 19'O Race 1.? Sex./?I other I, _ D U? a & def%g a competent adult, being duly sworn according to law, depose and state that 1 personally handed s Mare and aaq - , oopy of the Notice Qf SIMIMs So in the manner as set forth herein, issued in the captioned case on the date and at the address %did"d above. 0: Ift 3 TIMES. INDICATE DATES & TIMES OF SERVICE A7T1SM1'T'BD. ate of New Jersey NOT SERVED ATRICIA E. HARRIS C ion ExPlrecd?W16, 2008 . 200_ at o'clock _,m., Defendant NOT FOUND because: -, Moved _____ Unknown - No Answer 1't AttemMtt . / / Tame: 3rd ANerlrylt-. / / Time: SWOM1640 'bed before me 0 h ft of? 200 Notary. - BY- ..., Vacant Zed Attempt:_ / / 7'imc: DooW .??aye. LD. NO, 62245 a 21 G/ w -r0 Tj ?p> V 01/01/1994 16:03 6092190173 PHARMACO AFFIDAVIT OF SERVICE PLAINTIFF WACHOVIA BANIC, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 20W. ASSET BACKED PASS 'T'HROUGH CERTIFICATES SERIES 2004 WWFI DEFENDANT($> MICHAEL R. MINAHAN EMILY MINARAN A/K!A EMILY M. SAUL SERVE: EMILY MINAHAN A/WA EMILY M. SAUL 2dT""Y *REET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY PAGE 14 AYACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 No, 06-3226 ACCT. 01247023199 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBF,R 6, 2006 SERVLD Served and made kaovm to jqm" N ?Vl i /1 Clr h4/? Defendant, on the 2c ,_ day of VH iy ,2004?,at'S%?:? .o'c"f.m..st 2101 (S~y S?- , Commomvakw Of!teoroyh onia, In the manner described below: served. Adak tMairmeM? mbar with whom DefeMrtt(s) reside(s). Name and Relationship is Ht 4.r 1n??1 Adnk in OM W orDaOendrat(s)'s residence who refused to give name or relationship. MlIsses IC4elk of place of lodging in which Defendant(s) reside(s). Agar of poison in CM W of DeRodant(s)Is ofRse or usual place of business. on offer of said Defendsm(s)'s company. .-...-Other: Description: Age 3m YC Height Ar-!9 sf Weight L Race _ s1 Sax AA Other I. L duji d &YCl`+J' . a competem adult, being duly sworn according to law, depose and state that I personally haodad'a ttni and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned can on &s,dkk and d the address indicated above. and By: &artV rte' - lMRWEATLEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE. 1C1A E. HARRIS ATTEMrMD. Commission Expires June '16,20W NOTSERY6D On the 4W Of 200_,, at o'clock _.m., Defendant NOT FOUND because: Moved - Unknown - No Answer - Vacant Ira Attempt: / / Time- 2"Attempt: Time: 3rd Attempt: I _4 .Time- Sworn to and subsorw beforc me this T_-,.,dbr of .20R_. Notary, By. David G. Sekooka 0a0re I.D. No. 62205 4 0 C ? N SHERIFF'S RETURN - REGULAR CASE NO: 2006-03226 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS MINAHAN MICHAEL R ET AL SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MINAHAN MICHAEL R DEFENDANT , at 1932:00 HOURS, on the 7th day of June at 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 MICHAEL MINAHAN by handing to the 2006 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: So Answers: Docketing 18.00 Service 14 . 9 6 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 42.96 ? 06/08/2006 ?,nG PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day - eputy erif of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03226 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WACHOVIA BANK NA VS MINAHAN MICHAEL R ET AL SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MINAHAN EMILY AKA EMILY S SAUL the DEFENDANT at 1932:00 HOURS, on the 7th day of June 2006 at 207 GEARY AVENUE NEW CUMBERLAND, PA 17070 by handing to MICHAEL MINAHAN, HUSBAND 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: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00./ 06/08/2006 -7- IPd(- PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. Wachovia Bank, N.A., as Trustee. Pooling and Servicing Agreement Dated as of November 1, 2004 Pass-Through Certificates Series 2004-WWF1 VS Michael R. Minahan and Emily Minahan a/k/a Emily M. Saul In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3226 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Poundage 1.53 Levy 15.00 $ 78.03 So Answers: '/ , _ l Il G' 3/0( <Rhomas Kline Sh?? BY ,-1(c V? c j/Vt,l Real Estate Sergeant '1, fi't' ,? ,, ? ? s ?? J l%SOY7 r WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWFI V. Plaintiff, MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WACHOVIA BANK N.A. AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWFI, 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 ,207 GEARY STREET, NEW CUMBERLAND, PA 17070, 1. Name and address of Owner(s) or reputed Owner(s): Name MICHAEL R. MINAHAN Last Known Address (if address cannot be reasonably ascertained, please indicate) 207 GEARY STREET NEW CUMBERLAND, PA 17070 EMILY MINAHAN 207 GEARY STREET A/K/A EMILY M. SAUL NEW CUMBERLAND, PA 17070 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) UNION FEDERAL BANK 7500 WEST JEFFERSON BLVD. OF INDIANAPOLIS FORT WAYNE, IN 46801 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 207 GEARY STREET NEW CUMBERLAND, PA 17070 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. July 18, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). CUMBERLAND COUNTY No. 06-3226 July 18, 2006 TO: MICHAEL R. MINAHAN 207 GEARY STREET NEW CUMBERLAND, PA 17070 EMILY MINAHAN A/K/A EMILY M. SAUL 207 GEARY STREET NEW CUMBERLAND, PA 17070 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 207 GEARY STREET, NEW CUMBERLAND, PA 17070, 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 $108,993.89 obtained by WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1 2004. ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004-WWF1 (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 Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 "r LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the southeastern corner of Geary Avenue and a 20 foot wide alley; thence southward along a line of Geary Avenue, 114.7 feet to a 10 foot wide alley; thence northwardly along the line of said alley, 114.7 feet through the center of a partition wall dividing a 2-1/2 story double dwelling house to Geary Avenue, to the point and place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, Pennsylvania UNDER AND SUBJECT to all restrictions and easements of record BEING THE SAME PREMISES Which Greg A. Alt and Jamie Alt, husband and wife, By the deed dated June 27, 2003, recorded July 1, 2003, in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in Deed Book 257 Page 4388 granted and conveyed unto Derrick F. Clemmer, and Danielle R. Clemmer, husband and wife. CONTROL #: 25000713 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael Minahan and Emily Minahan, husband and wife, by Deed from Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, dated 11/16/2004, recorded 12/02/2004, in Deed Book 266, page 2594. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, by Deed from Greg A. Alt and Jamie Alt, husband and wife, dated 06/27/2003, recorded 07/01/2003, in Deed Book 257, page 4388. PARCEL IDENTIFICATION NO: 25-25-0006-220 PREMISES BEING: 207 GEARY STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-3226 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004-WWFl, Plaintiff (s) From MICHAEL R. MINAHAN, EMILY MINAHAN A/K/A EMILY M. SAUL (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 $108,993.89 L.L. $.50 Interest FROM 7/18/06 TO 12/6/06 (PER DIEM - $17.92) - $2,526.72 AND COSTS Atty's Comm % Atty Paid $140.96 Plaintiff Paid Date: JULY 20, 2006 (Seal) Due Prothy $1.00 Other Costs C RTIS It! TOG Prothonotary By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. 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 Deputy Real Estate Sale # 20 On August 23, 2006 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 207 Geary Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 23, 2006 By: Real Estate Sergeant OZ :8 b h z Inn 9001 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWFI Plaintiff, v. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). No. 06-3226 TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $ 108,993.89 Interest from 07/18/07 to DECEMBER 5, 2007 $9,049.60 and Costs (per diem -$17.92) Add,I Costs $ 4.787.50 TOTAL $122,830.99 l ANIEL G. S HMIEG, ESQUIRE i One Penn Center at Suburban Stati 1617 John F. Kennedy Boulevard, Suite 00 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. 135674 O ? Y a w S0vat 4 o ?' ?` ??aN ? d N Q ow d0?? dTA w ? • U JA a ;A bp w W ¢'" W W' 00 ?r11? AEA' U a ?? a A J V _ = ? w YI r Y ! + Y Y ew VI 43 -09' P ? w ?R Q O r o O r d d as A UV Z WW ? 0, Cn d LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the southeastern corner of Geary Avenue and a 20 foot wide alley; thence southward along a line of Geary Avenue, 114.7 feet to a 10 foot wide alley; thence northwardly along the line of said alley, 114.7 feet through the center of a partition wall dividing a 2-1/2 story double dwelling house to Geary Avenue, to the point and place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, Pennsylvania. UNDER AND SUBJECT to all restrictions and easements of record BEING THE SAME PREMISES Which Greg A. Alt and Jamie Alt, husband and wife, By the deed dated June 27, 2003, recorded July 1, 2003, in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in Deed Book 257 Page 4388 granted and conveyed unto Derrick F. Clemmer, and Danielle R. Clemmer, husband and wife. CONTROL #: 25000713 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael Minahan and Emily Minahan, husband and wife, by Deed from Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, dated 11/16/2004, recorded 12/02/2004, in Deed Book 266, page 2594. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, by Deed from Greg A. Alt and Jamie Alt, husband and wife, dated 06/27/2003, recorded 07/01/2003, in Deed Book 257, page 4388. PARCEL IDENTIFICATION NO: 25-25-0006-220 PREMISES BEING: 207 GEARY STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3226 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004-WWFI, Plaintiff (s) From MICHAEL R. MINAHAN AND EMILY MINAHAN A/K/A EMILY M. SAUL (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 $108.993.89 L.L. Interest FROM 7/18/07 TO 12/5/07 (PER DIEM - $17.92) - $9,049.60 AND COSTS Atty's Comm % Atty Paid $240.49 Plaintiff Paid Date: JULY 11, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $2.00 Other Costs ADD'L COSTS - $4,787.50 liepury 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 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 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: () an FHA 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 unsworn falsification to authorities. Attorney for Plaintiff WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, v. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1, 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,207 GEARY STREET, NEW CUMBERLAND, PA 17070, 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL R. MINAHAN 207 GEARY STREET NEW CUMBERLAND, PA 17070 EMILY MINAHAN A/K/A EMILY M. 207 GEARY STREET SAUL NEW CUMBERLAND, PA 17070 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) UNION FEDERAL BANK 7500 WEST JEFFERSON BLVD. OF INDIANAPOLIS FORT WAYNE, IN 46801 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 207 GEARY STREET NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 152M 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 Aat false statements her in are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to uns rn falsification to au*o;ie$. July 9, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). TO: MICHAEL R. MINAHAN 207 GEARY STREET NEW CUMBERLAND, PA 17070 CUMBERLAND COUNTY No. 06-3226 July 9, 2007 EMILY MINAHAN A/K/A EMILY M. SAUL 207 GEARY STREET NEW CUMBERLAND, PA 17070 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION 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 ONLYENFORCEAfENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 207 GEARY STREET, NEW CUMBERLAND, PA 17070, 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 $ 108.993.89 obtained by WACHOVIA BANK. N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1. 2004. ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004-WWF1 (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 or piece of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the southeastern corner of Geary Avenue and a 20 foot wide alley; thence southward along a line of Geary Avenue, 114.7 feet to a 10 foot wide alley; thence northwardly along the line of said alley, 114.7 feet through the center of a partition wall dividing a 2-1/2 story double dwelling house to Geary Avenue, to the point and place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, Pennsylvania. UNDER AND SUBJECT to all restrictions and easements of record BEING THE SAME PREMISES Which Greg A. Alt and Jamie Alt, husband and wife, By the deed dated June 27, 2003, recorded July 1, 2003, in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in Deed Book 257 Page 4388 granted and conveyed unto Derrick F. Clemmer, and Danielle R. Clemmer, husband and wife. CONTROL #: 25000713 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael Minahan and Emily Minahan, husband and wife, by Deed from Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, dated 11/16/2004, recorded 12/02/2004, in Deed Book 266, page 2594. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, by Deed from Greg A. Alt and Jamie Alt, husband and wife, dated 06/27/2003, recorded 07/01/2003, in Deed Book 257, page 4388. PARCEL IDENTIFICATION NO: 25-25-0006-220 PREMISES BEING: 207 GEARY STREET, NEW CUMBERLAND, PA 17070 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the southeastern corner of Geary Avenue and a 20 foot wide alley; thence southward along a line of Geary Avenue, 114.7 feet to a 10 foot wide alley; thence northwardly along the line of said alley, 114.7 feet through the center of a partition wall dividing a 2-1/2 story double dwelling house to Geary Avenue, to the point and place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, Pennsylvania. UNDER AND SUBJECT to all restrictions and easements of record BEING THE SAME PREMISES Which Greg A. Alt and Jamie Alt, husband and wife, By the deed dated June 27, 2003, recorded July 1, 2003, in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in Deed Book 257 Page 4388 granted and conveyed unto Derrick F. Clemmer, and Danielle R. Clemmer, husband and wife. CONTROL #: 25000713 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael Minahan and Emily Minahan, husband and wife, by Deed from Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, dated 11/16/2004, recorded 12/02/2004, in Deed Book 266, page 2594. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, by Deed from Greg A. Alt and Jamie Alt, husband and wife, dated 06/27/2003, recorded 07/01/2003, in Deed Book 257, page 4388. PARCEL IDENTIFICATION NO: 25-25-0006-220 PREMISES BEING: 207 GEARY STREET, NEW CUMBERLAND, PA 17070 ./ . w,ft SALE DATE: DECEMBER 5, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT No.: 06-3226 DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 VS. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL 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: 207 GEARY STREET, NEW CUMBERLAND, PA 17070. 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 G. SCHMI G, ESQUIRE Attorney for Plaintiff Date: October 24, 2007 135674 -i- • jj%, ?o t~n l? w N r p ?O 00 J C? to A W N r w ^g a a ° z er g : 7i 1=. Q 6 O 00 0 a (b a s b cr a $i N ro 0 ° CD d? O 0 y? C ..• rt N cn i a > . cl, l 00 co ro n ao r'^ . G En o ( 1 xy x s: v ? o d o -4 o C N IF a ? o y tTj 1: Ell a a _ _ H w 4 -40 trJ O z s ° 00 a c. Z `C rA 00 o -4 0 C) w " $ il c 0 _ on 0 X Igo "' ' • v ri Q b' Ch p a. lD ?M a v o g 13. ^I (} A ?. s a O ? m A ,tts PC 40 z ! ,, ° 02 1M f3 g W } 0004218010 R MAILED FROM Z Oam is >n d p O a W? C a' 00 nP ? O r x° ?P 02.4y JUL10 2007 IPCODE 1 1? Q 1) % Ira V v ?0 ?hJ L ?h ti 01C O Wachovia Bank, N.A., as Trustee under the In The Court of Common Pleas of Pooling And Servicing Agreement Dated as of Cumberland County, Pennsylvania November 1, 2004 Asset Backed Pass-Through Writ No. 2006-3226 Civil Term Certificates Series 2004-WWF1 VS Michael R. Minahan and Emily Minahan a/k/a Emily M. Saul R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 3,09 Prothonotary 2.00 Advertising 15.00 Levy 15.00 Mileage 32.64 Posting Handbills 15.00 Share of Bills 14.92 Surcharge 30.00 $157.65 So Answer`. R. Thomas Kline, Sheriff By - Real Estate S rgeant /.? /0 -7 ke'. a101 c{ (r? 0 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SERIES 2004-WWF1 , 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 ,207 GEARY STREET, NEW CUMBERLAND, PA 17070. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL 207 GEARY STREET NEW CUMBERLAND, PA 17070 207 GEARY STREET NEW CUMBERLAND, PA 17070 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) UNION FEDERAL BANK 7500 WEST JEFFERSON BLVD. OF INDIANAPOLIS FORT WAYNE, IN 46801 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 Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 207 GEARY STREET NEW CUMBERLAND, PA 17070 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare COMMONWEALTH OF PA BUREAU OF INDIVIDUAL TAX INHERITANCE TAX DIVISION ATTN: JOHN MURPHY DEPT. OF PUBLIC WELFARE TPL CASUALTY UNIT ESTATE RECOVERY PROGRAM INTERNAL REVENUE SERVICE FEDERATED INVESTORS TOWER 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6TH FL. STRAWBERRY SQUARE DEPT. 280601 HARRISBURG, PA 17128 P.O. BOX 8486 WILLOW OAK BLDG. HARRISBURG, PA 17105 13TH FLOOR, SUITE 1300 1001 LIBERTY AVENUE PITTSBURGH, PA 15222 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 understandAat false statements her in are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsndfalsification to au#or?tieq. July 9, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney 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 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWFI Plaintiff, V. MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-3226 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: 0 an FHA 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 unworn falsification to authorities. ?I - n A I f L/f UVI ANIEL G. SCHMIEG, ESQ Attorney for Plaintiff WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS-THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff, V. CUMBERLAND COUNTY No. 06-3226 MICHAEL R. MWAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant(s). TO: MICHAEL R. MINAHAN 207 GEARY STREET NEW CUMBERLAND, PA 17070 July 9, 2007 EMILY MINAHAN A/K/A EMILY M. SAUL 207 GEARY STREET NEW CUMBERLAND, PA 17070 **THIS FIRMISA DEBT COLLECTOR ATTEMPTTNG TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 207 GEARY STREET, NEW CUMBERLAND, PA 17070, is scheduled to be sold at the Sheriffs 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 S 108,993.89 obtained by WACHOVIA BANK, N.A., AS TRUST9E. POOLING AND THROUGH CERTIFICATES SERIES 2004-WWFI (the mortgagee) against you. In the event th sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129 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 charF costs and reasonable attorney's fees due. To find out how much you must pay, you call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or, judgment, if the judgment was improperly entered. You may also ask the Court 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 mo- you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) I 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 R' LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of land situate in the Borough of New Cumberland, County of Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point 21.34 feet south from the southeastern corner of Geary Avenue and a 20 foot wide alley; thence southward along a line of Geary Avenue, 114.7 feet to a 10 foot wide alley; thence northwardly along the line of said alley, 114.7 feet through the center of a partition wall dividing a 2-1/2 story double dwelling house to Geary Avenue, to the point and place of BEGINNING. BEING known and numbered as 207 Geary Avenue, New Cumberland, Pennsylvania. UNDER AND SUBJECT to all restrictions and easements of record BEING THE SAME PREMISES Which Greg A. Alt and Jamie Alt, husband and wife, By the deed dated June 27, 2003, recorded July 1, 2003, in the Office of the Recorder of Deeds in and for Cumberland County Pennsylvania, in Deed Book 257 Page 4388 granted and conveyed unto Derrick F. Clemmer, and Danielle R. Clemmer, husband and wife. CONTROL #: 25000713 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Michael Minahan and Emily Minahan, husband and wife, by Deed from Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, dated 11/16/2004, recorded 12/02/2004, in Deed Book 266, page 2594. PRIOR DEED INFORMATION TITLE TO SAID PREMISES IS VESTED IN Derrick F. Clemmer and Danielle R. Clemmer, husband and wife, by Deed from Greg A. Alt and Jamie Alt, husband and wife, dated 06/27/2003, recorded 07/01/2003, in Deed Book 257, page 4388. PARCEL IDENTIFICATION NO: 25-25-0006-220 PREMISES BEING: 207 GEARY STREET, NEW CUMBERLAND, PA 17070 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3226 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET BACKED PASS- THROUGH CERTIFICATES SERIES 2004-WWFl, Plaintiff (s) From MICHAEL R. MINAHAN AND EMILY MINAHAN A/K/A EMILY M. SAUL (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 $108.993.89 L.L. Interest FROM 7/18/07 TO 12/5/07 (PER DIEM - $17.92) - $9,049.60 AND COSTS Atty's Comm % Atty Paid $240.49 Plaintiff Paid Date: JULY 11, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN AND SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Due Prothy $2.00 Other Costs ADD'L COSTS - $4,787.50 iieputy Supreme Court ID No. 62205 L4, VW i Real Estate Sale # 05 On August 2, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 207 Geary Street, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 2, 2007 By: d &&?AL Real Esta Sergeant Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 WACHOVIA BANK, N.A., AS TRUSTEE. POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2004. ASSET-BACKED PASS THROUGH CERTIFICATES SERIES 2004-WWF1 Plaintiff vs MICHAEL R. MINAHAN EMILY MINAHAN A/K/A EMILY M. SAUL Defendant TO THE PROTHONOTARY: Attorney For Plaintiff CD C? ._. .? Mm VI r- r -0rs Court of Commo a , Civil Division <a c+-1 =o CDC-1 CUMBERLAND Coy • •, No. 06-3226 Please vacate the judgment(s) entered and mark the action discontinued and ended without prejudice. Date: (( PHELAN HALLINAN & SCHMIE ,LLP By: Law ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. Goldman, Esq., Id. No. 205047 / Courtenay R. Dunn, Esq., Id. No. 20671 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 PHS# 135674 Attorneys for Plaintiff s?•oo v a e# asss ?°?