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Home My WebLink About06-3526 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 \\7679 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB 7105 CORPORATE DRNE PLANO, TX 75024 ATTORNEYFORPLA~IFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM No,Ol.-3QI.... (!,u~CT~ CUMBERLAND COUNTY v, LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER 1122 FLORIBUNDA LANE 1f.EC~CSBURG,PA 17055 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you, You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or properly or other rights important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE, Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File#: 1\7679 File #: \17679 IF TIDS IS mE 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 AFI'ER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB 7105 CORPORATE DRNE PLANO, TX 75024 2. The name(s) and last known addressees) of the Defendant(s) are: LUCINDA S, AARONSON MARK ALAN AARONSON ROGER W, HOOVER 1122 FLORIBUNDA LANE MECHANICSBURG,PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described, 3, On 05/19/2004 mortgagor(s) LUCINDA S. AARONSON and MARK ALAN AARONSON made, executed and delivered a mortgage upon the premises hereinafter described to AMERICAN MONEY CENTERS, INC, which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1866, Page: 2467, PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same, 4. The premises subject to said mortgage is described as attached, 5, The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11/01/2004 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#; 1\7679 6, The following amounts are due on the mortgage: Principal Balance Interest 10/01/2004 through 06/19/2006 (Per Diem $59.41) Attorney's Fees Cumulative Late Charges 05119/2004 to 06/19/2006 Cost of Suit and Title Search Subtotal $322,847,05 37,250,07 1,250,00 1,970.87 $ 550,00 $ 363,867,99 Escrow Credit Deficit Subtotal TOTAL 0,00 16,344,50 $ 16,344,50 $ 380,2l2.49 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!:!m! Judgment against the Defendant(s) in the sum of $ 380,212.49, together with interest from 06119/2006 at the rate of$59.41 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 ~ ~. /' I-f?~. By: /s/Francis S, Hallinan LAWRENCE T, PHELAN, ESQUIRE FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff File#: 117679 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, known as 324 East Meadow Drive, Mechanicsburg, PA 17055, in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right of way line of East Meadow Drive, said point being on the dividing line between Lot Nos, 74 and 75 on the hereinafter mentioned Plan of Lots; thence along the said dividing line, North 37 degrees 47 minutes 17 seconds West, 122.41 feet to a point; thence North 41 degrees 56 minutes 01 seconds East, 117.54 feet to a point on the southern line of South Meadow Drive; thence along same, South 48 degrees 03 minutes 59 seconds East, 118,30 feet to a point; thence continuing along same on a curve to the right having a radius of 12,00 feet, an arc length of 18,54 feet to a point on the western dedicated right of way line of East Meadow Drive; thence continuing along same on a curve to the right having a radius of 625,00 feet, an arc length of 128.30 feet to a point on a dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots, the Place of Beginning; BEING Lot No, 74 on Phase I-Final Subdivision Plan ofMeadowview Estates, said Plan being recorded in Cumberland County Recorder of Deeds Office in Plan Book 52, Page 116, and re-recorded in Plan Book 53, Book 10; BEING the same premises which Roger W, Hoover granted and conveyed to Mark A. Aaronson and Lucinda S, Aaronson by Deed dated May 19,2004, which Deed is recorded in the Office ofthe Recorder of Deeds in and for Cumberland County in Record Book 263 at Page 529; PARCEL NO, 42-28-2419-017 PROPERTY BEING: 324 EAST MEADOW DRIVE File #: II 7679 '" . , . VRRTFTCATTON 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 infonnation supplied by Plaintiff and are true and correct to the best of his knowledge, infonnation and belief, Furthennore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by cOWlsel , The Wldersigned Wlderstands that this statement is made subject to the penalties of 18 Pa, C,S, Sec, 4904 relating to Wlsworn falsification to authorities. hJ.b FRANCIS S, HALLINAN, ESQUIRE Attorney for Plaintiff DATE: -!e{ l1.fOfo ( \ ~ B 1- ~ Vt ~ f--> 0 0 C:::J - c:,:' ..,', ~ - C ,,;:1\ ~ >' ::t!-n <- r C,' rnp W ~ ".:"\~ f"-,) -'-, \.> ~ r CJ \ .2- -- _'J~T; "',) ;-:j~~ ~ ~'" :')rn (.1,) '-,.\ .>" 'J) :JJ """ ,"- -...:.. SHERIFF'S RETURN - REGULAR ,CASE.NO: 2006-03526 P COMMONWEALTH OF PENNSYLVfu~IA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS AARONSON LUCINDA S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AARONSON LUCINDA S the DEFENDANT , at 1645:00 HOURS, on the 22nd day of June , 2006 at 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 by handing to LUCINDA S AARONSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 9.68 .00 10.00 .00 37.68 :/ 1-/'1,0(, r~~ R. Thomas Kline ~ 06/27/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By' I~* .-A~ . , Deputy Sher' f before me this day of A.D. SHERIFF'S RETURN - REGULAR .CASE~NO: 2006-03526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS AARONSON LUCINDA S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AARONSON MARK ALAN the DEFENDANT , at 1645:00 HOURS, on the 22nd day of June , 2006 at 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 by handing to LUCINDA S AARONSON WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 ~ 06/27/2006 Cf..-. 1. ('j0(.. PHELAN HALLINAN SCHMIEG So Answers: .r~~ R. Thomas Kline Sworn and Subscibed to By, -44lA)~ Deputy She ' f before me this day of A.D. SHERIFF'S RETURN - REGULAR CASE. NO: 2006-03526 P COMMONWEALTH OF PENNSYLV~IA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS AARONSON LUCINDA S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AARONSON LUCINDA S the DEFENDANT at 1645:00 HOURS, on the 22nd day of June , 2006 at 324 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to LUCINDA S AARONSON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT 1122 FLORIBUNDA LANE. 324 EAST MEADOW DRIVE IS VACANT. 6.00 9.68 .00 10.00 .00 25.68/ 1./ (/.(;(, ~ Sworn and Subscibed to Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: .r~r'<~ R. Thomas Kline 06/27/2006 PHELAN HALLINAN SCHMIEG before me this day BY~ IJ~ Deputy She ' f of A.D. SHERIFF'S RETURN - REGULAR ,CASE-NO: 2006-03526 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS AARONSON LUCINDA S ET AL GERALD WORTHINGTON , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AARONSON MARK ALAN the DEFENDANT , at 1645:00 HOURS, on the 22nd day of June , 2006 at 324 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 by handing to LUCINDA S AARONSON, WIFE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Additional Comments DEFENDANT WAS SERVED AT 1122 FLORI BUNDA LANE. 324 EAST MEADOW DRIVE IS VACANT. Sheriff1s Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 ;:/ 1-1'1,0(" So Answers: r~~<':1a~ R. Thomas Kline ~ 06/27/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to BY'~.{~ Deputy Sher' before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03526 P COMMONTWEALTH OF PE~SYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS AARONSON LUCINDA S 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 HOOVER ROGER W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HOOVER ROGER W 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 DEFENDANT IS BELIEVED TO BE LIVING IN FLORIDA Sheriff's Costs: Docketing Service Not Found Surcharge So answers: 6.00 .00 5.00 10.00 .00 21.00/ ~ 1-V"O(, R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/27/2006 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2006-03526 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . BANK OF NEW YORK VS AARONSON LUCINDA S 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 HOOVER ROGER W but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , HOOVER ROGER W 324 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 324 EAST MEADOW DRIVE IS VACANT. DEFENDANT IS BELIEVED TO BE LIVING IN FLORIDA. Sheriff's Costs: Docketing Service Not Found Surcharge So answers: Sworn and 6.00 .00 5.00 10.00 .00 21.00/ 7/lt/~ (. ~ Subscribed to before R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/27/2006 me this day of A.D. '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 CERTIFICATEHOLDERS OF CWALT 2004-22CB 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3526 LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER 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 LUCINDA S. AARONSON and MARK ALAN AARONSON and ROGER W. HOOVER, 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 6/20/06 to 9/26/06 TOTAL $380,212.49 $5,881.59 $386,094.08 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. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. 1 DATE: O:::;;!..3,~ClCl(.. r2.0~ PRO ROTHY /' ..... PHELAN HALLINAN AND SCHMIEG 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 (? Pi) <;61-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICA TEHOLDERS OF CW AL T 2004-22CB Plaintiff : CIVIL DIVISION Vs, : CUMBERLAND COUNTY LUCINDA S, AARONSON : NO, 06-3526 MARK A. AARONSON ROGER HOOVER Defendants TO: ROGER HOOVER 1506 ROSEBERRY COURT ORANGE PARK, FL 32003 FILE COpy DATE OF NOTICE: AUGUST 23, 2006 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 ATTENWT 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 ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff ....PHELAN HALLINAN AND SCHMIEG By: Lawrence T, Phelan, Esq" Id, No, 32227 Francis S, Hallinan, Esq" Id. No, 62695 Daniel G, Schmieg, Esq" Id, No, 62205 One Penn Center Plaza, Suite 1400 Philadelphia, P A 19103 (1.1 'i) 'i61-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW ALT 2004-22CB Plaintiff ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION Vs. : CUMBERLAND COUNTY LUCINDA S, AARONSON MARK A. AARONSON ROGER HOOVER : NO, 06-3526 Defendants TO: LUCINDA S. AARONSON 1122 FLORlBUNDA LANE MECHANICSBURG, P A 17055 FILE COpy DATE OF NOTICE: AlJf;lJST 23, 2006 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT, THIS NOTICE IS SENT TO YOU IN AN ATIEMPT 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 ATIEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY, IMPORTANT NOTICE YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY A TIORNEY 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 IMPORT ANT 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 LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff - ... PHELAN HALLINAN AND SCHMIEG 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, P A 19103 (? 1 'i) 'i61-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICA TEHOLDERS OF CW AL T 2004-22CB Plaintiff : CIVIL DIVISION Vs. : CUMBERLAND COUNTY LUCINDA S, AARONSON : NO, 06-3526 MARK A. AARONSON ROGER HOOVER Defendants TO: MARK A. AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, P A 17055 FILE COpy DATE OF NOTICE: AUGUST 23, 2006 THIS FIRM IS A DEBT COLLECTOR ATfEMPTING 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 ATfEMPT 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 LA WYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIA nON 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S, HALLINAN, ESQUIRE Attorneys for Plaintiff , '}o 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 CERTIFICA TEHOLDERS OF CW AL T 2004-22CB CUMBERLAND COUNTY 7105 CORPORATE DRIVE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3526 LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER Defendant(s). VERIFICATION OF NON-MIL IT ARY 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 LUCINDA S. AARONSON is over 18 years of age and resides at 1122 FLORIBUNDA LANE, MECHANICSBURG, P A 17055. (c) that defendant MARK ALAN AARONSON is over 18 years of age and resides at 1122 FLORIBUNDA LANE, MECHANICSBURG, P A 17055. (d) that defendant ROGER W. HOOVER is over 18 years of age, and resides at 1506 ROSEBERRY COURT, ORANGE PARK, FL 32003. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff t AJ (J -'9. '"- ~ -c . (,) \Y' 0 r-J C"..;;;::: ~ ~; c.::> ~ c:1""' -- ~ ,- c:::> ~ C') -4 ~ iN ~ , ~ ~ x:- ...0 Q.r ~ ~ F ~ - 1 ~ :s;: r CO '--) -'-1 1') ?D - '-'J -< .' .. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW AL T 2004-22CB 7105 CORPORATE DRIVE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, v. NO. 06-3526 LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on C2t:.f ~ 200 b By:f~ If you have any questions concerning this matter, please contact: tL DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN ST A nON 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, ** ..' .. AFFIDAVIT OF SERVICE - CUMBERLAND COUNTY (JMR) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW AL T 2004-22CB Plaintiff Vs. LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action NO. 06-3526-CIVIL TERM File Number1l7679 Defendant SERVE AT: 1506 ROSEBERRY COURT ORANGE PARK, FL32003 SERVED Served and made known to ROGER W. HOOVER Defendant on the 'I ; J.S" o'clock,a. M., at I \::Ie. below: _Defendant personally served. ~dult family member with whom Defendant(s) reside(s). Relationship is ...s',-PeuJ'.15 . _Adult in charge of Defendant's residence who refused to give name/relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s) _Agent or person in charge of Defendant's office or usual place of business. and officer of said defendant company. day of fi~ ~ , 20~t , City in the manner described :S~Qo:t ~\b..(fA Nf:)tluel( Other: I):W~J ~~Qlpetent adult, being duly sworn according to law, depose and state that I personally handed to f.,b H i.rA. H 0-0 VI rc _ a true and correct copy of the C"J'L Ac-'-; lJ~ / l'&1"/)~A6 € 1=(,1C~(,'o..r C4GE issued in the captioned case on the date and at the address indiCated abo Sworn to and subscribed Before me this _ day Of ,20_. Notary: Served On the day of .M., Defendant NOT FOUND because: Moved Unknown - - NOT SERVED ,20_, at o'clock Other: No Answer _Vacant Sworn to and subscribe!-- Before pje the t( day Of H:J-CA..r+- 20~. Notary: 1c:dJ LJ.;;:;- Not Served Bv: TODD DAVIS Notary Public, State of Florida My comm. expo Sept. 20, 2009 Comm. No. DO 466746 Phelan Hallinan & Schmieg, LLP Attorneys For Plaintiff Francis S. Hallinan, Esquire - I.D.#62695 Suite 1400- One Penn Center Plaza at Suburban Station Philadelphia, P A 19103-1799 (215)563- 7000 r-) ~~ g~ o C) --, 1 ..i-..... ,....... ,____.J . AFFIDA VIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR LLD THE CERTIFICATEHOLDERS OF No. 06-3526 CW AL T 2004-22CB ACCT. #59428857 DEFENDANT(S) LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER Type of Action - Notice of Sherifrs Sale SERVE: LUCINDA S. AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, P A 17055 Sale Date: MARCH 7,2007 SERVED Served and made known to LIA.c. ;",dlll S. ,,4ecNJ" J~r\ ,Defendant, on the at ~ : 0;) , o'c1ockfl-.m., at.J I l.l ("' If) r ; b "'1\ di.( I Q r\ e t~ I 0 day of Oc+.ltur , 20~, . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ../ V Adult family member with whom Defendant(s) reside(s). Name and Relationship is J c.. oS ba." d 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 S""S'" ..(,S- Height &"" C{ 1/ Weight..l.!::l.s:"' Race ~ Sex ~ Other I, _b QM J d. {Z" hf#V-S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe Notice ofSherifrs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. .n I'. A --.:, . OJ.L1 -By: J::j -v -C/ .., <<.IQ ~~~tl'BMPT S RVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. tate 0\ New Jersey PATRICIA E. HARRIS NOT SERVED Commission Expires June 16, 2008 Oil the day of ,200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd Attempt: / / Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this _ day of , 200 _' Notary: By: Attornev for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 r -=<- o(~ 0 /'-..) ~ = c: c.;:) c:ro. a (J -1 N -.J ~ ~ (-'1 -< 0" -..' .". AFFIDAVIT OF SERVICE , CUMBERLAND COUNTY BANK OF NEW YORK AS TRUSTEE FOR LLD THE CERTIFICATEHOLDERS OF No. 06-3526 CWALT 2004-22CB PLAINTIFF ACCT. #59428857 DEFENDANT(S) LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER Type of Action - Notice of Sherifrs Sale SERVE: MARK ALAN AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 Sale Date: MARCH 7, 2007 SERVED Served and made known to.Jll\"",LAj <1.11 Aa "'ItS~/t . Defendant, on the at 9':02. ,0'c1ock-f.m.,atJ/2.2 ~blAl\dCl It(*'\~ I~ +'" l- (L day of tJC.J.~J,et"-, 20~, . 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 ofDefendant(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: Agerr:-/,S' Height~1 Weight.tf1: Race....kL Sex /V1 Other I, D a UL . J (2Db eI'+::;j , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy ofthe 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. .....By: 9~ -M-- VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED ,200_. at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1 st Attempt: / / Time: 2nd 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 r ~ ~f (') c:: ~.~,.. c; ; ~ Q, c;? " c:r" o (.-J ~ i'" -l -0 ~ ...'~ c"" cr" tI ,.... PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW AL T 2004-22CB Plaintiff, v. No. 06-3526 LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER Defendant( s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $386,094.08 v Interest from 9/26/06 to 3/7/07 (per diem -$63.47) $10,282.14 and Costs TOTAL $396,376.22 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ~, tn tn = t--M ...-1= = <M =-M .....;l C~ ~~ 00< U=- ....~ ~:$ ~~ ~C O~ e~ ~> 0< z ~~ 0 ~O ~..;l ~U .... ..;l~ ~ ~~ =-z E-c~ ZZ ;;J '::> ~Z 000 OO~ U ~;;J ~~ ~oo oooo~ ~~ ..;l0 -d E-c~ ZZ> ~ a <u ~ ~ ... ~ O~O ~ ~ ~ i:: OOQ~ ..... ~~ ~ O~ <..;lU ~~~ oCj d CIl U~ ..... ~ ~OM E-c ~ c;j ~ - ;;J~ ..0 ~:;J =~ ~ oo~~ ;~ p.. ~= ~ 00 0r-1.~ M E-cU ~~= <~~ ~~ ...8 ;r-1. s >-. 000 CIl P=:Q ~~M Q r-1. ~ ~ E ..;l0 M 5~ ~f' or ~~ ~ ~s B ~ ~ = 0 MI"C) g. Z.... ~ 0.. u;;2 ~6 <: M= ~~ ...-I tn ~ e= ...-I ...-I M r:a~ O~ U ,.g ~= ~U ~ Vi ~ z~ z~ CIl ~ ..0 ~ ....:;J <= ~ U - =~ =- ..... "'1j ~ < ''.:J C':':::} e~; f.r~, ,-, -n w C-', -- .- LEGAL DESCRIPTION ALL THA T CERTAIN lot or piece of ground with the buildings and improvements thereon erected, known as 324 East Meadow Drive, Mechanicsburg, PA 17055, in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right of way line of East Meadow Drive, said point being on the dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along the said dividing line, North 37 degrees 47 minutes 17 seconds West, 122.41 feet to a point; thence North 41 degrees 56 minutes 01 seconds East, 117.54 feet to a point on the southern line of South Meadow Drive; thence along same, South 48 degrees 03 minutes 59 seconds East, 118.30 feet to a point; thence continuing along same on a curve to the right having a radius of 12.00 feet, an arc length of 18.54 feet to a point on the western dedicated right of way line of East Meadow Drive; thence continuing along same on a curve to the right having a radius of 625.00 feet, an arc length of 128.30 feet to a point on a dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots, the Place of Beginning; BEING Lot No. 74 on Phase I-Final Subdivision Plan of Meadowview Estates, said Plan being recorded in Cumberland County Recorder of Deeds Office in Plan Book 52, Page 116, and re- recorded in Plan Book 53, Book 10; BEING the same premises which Roger W. Hoover granted and conveyed to Mark A. Aaronson and Lucinda S. Aaronson by Deed dated May 19, 2004, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 263 at Page 529; PARCEL NO. 42-28-2419-017 PROPERTY BEING: 324 EAST MEADOW DRIVE, MECHANICSBURG, PA 17055 VESTED BY: Special Warranty Deed, dated 7/29/05, given by Mark A. Aaronson and Lucinda S. Aaronson to Roger W. Hoover and recorded 8/3/2005 in Book 270 Page 1290 <p ~ - ~ ~ cJ ~ \.oN ~. ~ ~~. .........~ O\\\,).J ~~ \'i ........ ...... ~ UJ ~ ......... V\ ~ V ~ (\ (', t\. -.. \}.J ':,.1 ut~. "\.....> _ 'LJ. '"" ~ -J ~ \ ~ () t...t\ _ ~ V'I ":""' . '" 8 'l.J<' - o-.o~~ ,,~o. ""0 o~ ~ V' 01 <::><'I '-J GO 1::> (") f: \ -- (U0 ~') r--' t..-;::> l:;"j er- e::::> C) -~ w ::-:;:)" ~ -_<(.n ,...1 ..-t -'1":> :.0 :.<. ..c 0.' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYL VANIA) COUNTY OF CUMBERLAND) N006-3526 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 CW AL T 2004-22CH Plaintiff (s) From LUCINDA S. AND MARK ALAN AARONSON, 1122 FLORIBUNDA LANE, MECHANICSBURG PA 17055, AND ROGER W. HOOVER, 1506 ROSEBERRY COURT, ORANGE PARK FL 32003 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESATE LOCATFED AT 324 E. MEADOW DRIVE, MECHANICSBURG PA 17055 (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 ofthe defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $386,094.08 L.L. $.50 Interest FROM 9/26/06 TO 3/7/07 @ $63.47 PER DIEM = $10,282.14 Atty's Comm % Due Prothy $1.00 Atty Paid $219.36 Plaintiff Paid Date: OCTOBER 13, 2006 Other Costs Curtis (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFKBLVD., SUITE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 ~ BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER NO. 06-3526 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW AL T 2004- 22CB, 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 .324 EAST MEADOW DRIVE. MECHANICSBURG. P A 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LUCINDA S. AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, P A 17055 MARK ALAN AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, P A 17055 ROGER W. HOOVER 1506 ROSEBERRY COURT ORANGE PARK, FL 32003 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) WELLS FARGO FINANCIAL P A, INC. 4143 121ST STREET URBANDALE, IA 50323 #- - 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) KYLE BRADY 116 NORTH MAIN STREET SELLERSVILLE, P A 18960-2330 ROGER W. HOOVER 1506 ROSEBERRY COURT ORANGE PARK, FL 32003 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 plaintiffhas knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) T enant/Occupant 324 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 26. 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff o c ~.. .- 1'<) c-=> ~~.~ q ~~--) ::on --I :T.. --'1 ~-11 E:: \ II w :o~ --~ ':~? 0"' 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 A TTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. CIVIL DIVISION LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER NO. 06-3526 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: () 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r-:) % d" - <..>) ~ ~ s~-; cr- .... BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB Plaintiff, CUMBERLAND COUNTY No. 06-3526 v. LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER Defendant(s). September 26, 2006 TO: LUCINDA S. AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 MARK ALAN AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, P A 17055 ROGER W. HOOVER 1506 ROSEBERRY COURT ORANGE PARK, FL 32003 UTHIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY ** Your house (real estate) at. 324 EAST MEADOW DRIVE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on MARCH 7.2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $386.094.08 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB (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 MA Y 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 ofthe sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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, P A 17013 (717) 249-3166 (800) 990-9108 .. . .... LEGAL DESCRIPTION ALL THA T CERTAIN lot or piece of ground with the buildings and improvements thereon erected, known as 324 East Meadow Drive, Mechanicsburg, P A 17055, in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right of way line of East Meadow Drive, said point being on the dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along the said dividing line, North 37 degrees 47 minutes 17 seconds West, 122.41 feet to a point; thence North 41 degrees 56 minutes 01 seconds East, 117.54 feet to a point on the southern line of South Meadow Drive; thence along same, South 48 degrees 03 minutes 59 seconds East, 118.30 feet to a point; thence continuing along same on a curve to the right having a radius of 12.00 feet, an arc length of 18.54 feet to a point on the western dedicated right of way line of East Meadow Drive; thence continuing along same on a curve to the right having a radius of 625.00 feet, an arc length of 128.30 feet to a point on a dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots, the Place of Beginning; BEING Lot No. 74 on Phase I-Final Subdivision Plan of Meadowview Estates, said Plan being recorded in Cumberland County Recorder of Deeds Office in Plan Book 52, Page 116, and re- recorded in Plan Book 53, Book 10; BEING the same premises which Roger W. Hoover granted and conveyed to Mark A. Aaronson and Lucinda S. Aaronson by Deed dated May 19,2004, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 263 at Page 529; PARCEL NO. 42-28-2419-017 PROPERTY BEING: 324 EAST MEADOW DRIVE, MECHANICSBURG, P A 17055 VESTED BY: Special Warranty Deed, dated 7/29/05, given by Mark A. Aaronson and Lucinda S. Aaronson to Roger W. Hoover and recorded 8/3/2005 in Book 270 Page 1290 (';> I- ::? ......., C~::',:) (=:,:1 0" <=' (") --1 <"-) -n -I -,- ...1... --. r~l~ , ;T"; \:~c.,: w :r,.l.<i I.D ~-) ;:~ :D ~ .-:;;: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders of CW AL T 2004-22CB ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 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: I. Plaintiff commenced this foreclosure action by filing a Complaint on June 20, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 4,2006 in the amount of$386,094.08. 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 103 7(b)( I), 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 March 7, 2007. 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 Interest Through 3/07/07 Per Diem $58.60 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP/PMI NSF Suspense/Misc. Credits Escrow Deficit TOTAL $322,847.05 52,040.61 1,970.87 2,475.00 1,382.00 0.00 768.00 0.00 2,410.01 0.00 0.00 24,974.43 $408,867.97 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: 04/25/05 Taxes $873.06 08/24/05 Taxes $4,485.94 04/26/06 Taxes $1,296.49 08/16/06 Taxes $4,485.94 Total Taxes Paid $11,141.43 04/19/05 Hazard Insurance $725.00 10/1 0/05 Hazard Insurance $6,554.00 08/07/06 Hazard Insurance $6,554.00 Total Hazard Insurance Paid $13,833.00 Total Escrow $24,974.43 7. The judgment formerly entered is insufficient to satisfY the amounts due on the Mortgage. 8. Under the terms ofthe 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. Date:~ By: / Michele M. Bradford, Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders of CW AL T 2004-22CB A TTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 324 East Meadow Drive, Mechanicsburg, P A 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 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 S 191. Stephensonv.Butts, 187Pa.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. ofN.V. 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. Bums, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and ifthere 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 ajudgment to conform to the facts of a case. 257 Pa. Super. 157,390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. Ill. 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 often percent ofthe original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confinning that an attorney's fee often percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 CPa. 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 tenns 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 COUl1 amend the judgment as requested. DATE: I) (~t J0{ By:, I Schmieg, LLP 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 117679 BANK OF NEW YORK. AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW AL T 2004-22CB 7105 CORPORATE DRIVE PLANO. TX 75024 ATTORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 0(. -.3S21- C;Ot'l ~CCiL., . CUMBERLAND COUNTY v. LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER 1122 FLORIBUNDA LANE MECHANICSBURG. P A 17055 Defendants 0 F--..l = 0 c = -n :~" 0'" l_j~.,;::: L. ~ ~-l-\ : C m:I1 ':"- --; ::c:: . r--' -:<- ~ ..0 i'J '. I , -00 - " : 0 .~ I .,r I ~ '.g __;_1 ,j. (. v ;~2 ~S .,,:-:.. -r- ~;~~. -"- ;',~ u) 6fT] ~'...; --i ~~~ (...) ~,. ~< .X) -< CIVIL ACflON - 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 filiI to do so the case may proceed without you .and a judgment may be entered against you by the court without fwther 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU wrrn INFORMATION ABOTIT ffiRING A LAWYER. IF YOU CANNOT AFFORD TO illRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORM A nON ABOUl' AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGffiLE PERSONS AT A REDUCED FEE OR NO FEE. We hereby certify the within to be 8 true and correct copy of the original filed of record:,~:f~. PHElAN Lawyer Referral Service Cwnberland County Bar Association 32 South Bedford Street Carlisle. PA 17013 (800)990-9108 N ,,~~ ~~~~~ ~~~~~~~ ~ ~\,~ File II: 117679 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, P A 19103 (215) 563-7000 117679 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW AL T 2004-22CB 7105 CORPORATE DRIVE PLANO, TX 75024 A TIORNEY FOR PLAINTIFF Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY v. LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 Defendants CIVIL ACTION - LAW COMPLAINf 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 HA VB A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TIlAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Vile horeby cenliy 'U'l9 within to be a true and correct copy of the.~ original filed of record! .a\ PHELAN LawyerRererralSe~i~ Cumberland COWlty Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 117679 File #: 117679 IF TillS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM TIllS 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 WITIDN 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 TIDRTY (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 ACflON 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 TillS 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 AITORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW AL T 2004-22CB 7105 CORPORATE DRIVE PLANO) TX 75024 2. The name(s) and last mown addressees) of the Defendant(s) are: LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 05/19/2004 mortgagor(s) LUCINDA S. AARONSON and MARK ALAN AARONSON made) executed and delivered a mortgage upon the premises hereinafter described to AMERICAN MONEY CENTERS, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1866, Page: 2467. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 11101/2004 and each month thereafter are due and Wlpaid, 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 a11 interest due thereon are collectible forthwith. File #: 117679 6. The following amounts are due on the mortgage: Principal Balance Interest 10/01/2004 through 06/I 912006 (per Diem $59.41) Attorney's Fees Cumulative Late Charges 05/19/2004 to 06/19/2006 Cost of Suit and Title Search Subtotal $322,847.05 37,250.07 1,250.00 1,970.87 $ 550.00 $ 363,867.99 Escrow Credit Deficit Subtotal 0.00 16,344.50 $ 16.344.50 TOTAL $ 380,212.49 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 Sheriff's Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorneys fees will be charged. 8. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in nill'! Judgment against the Defendant(s) in the sum of $ 380,212.49, together with interest from 06/19/2006 at the rate of$59.41 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 r-- ~-. ~/~~' By: IslFrancis S. Hallinan LA WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 117679 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected, known as 324 East Meadow Drive, Mechanicsburg, PA 17055, in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right of way line of East Meadow Drive, said point being on the dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along the said dividing line, North 37 degrees 47 minutes 17 seconds West, 122.41 feet to a point; thence North 41 degrees 56 minutes 01 seconds East, 117.54 feet to a point on the southern line of South Meadow Drive; thence along same, South 48 degrees 03 minutes 59 seconds East, 118.30 feet to a point; thence continuing along same on a curve to the right having a radius of 12.00 feet, an arc length of 18.54 feet to a point on the western dedicated right of way line of East Meadow Drive; thence continuing along same on a curve to the right having a radius of 625.00 feet, an arc length of 128.30 feet to a point on a dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots, the Place of Beginning; BEING Lot No. 74 on Phase I-Final Subdivision Plan of Meadowview Estates, said Plan being recorded in Cumberland County Recorder of Deeds Office in Plan Book 52, Page 116, and re-recorded in Plan Book 53, Book 10; BEING the same premises which Roger W. Hoover granted and conveyed to Mark A. Aaronson and Lucinda S. Aaronson by Deed dated May 19,2004, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 263 at Page 529; PARCEL NO. 42-28-2419-017 PROPERTY BEING: 324 EAST MEADOW DRIVE File II: 117679 Exhibit "B" ~""a.JJ-\.1"1 l1ALLINAN & SCHMIEG, L.L.P. . '8y: DANIEL G. SCHMIEG Identification No. 62105 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD~ SUITE 1400 PHILADELPHIA, PA 1910J..1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW AL T 2004..22CB 7t05 CORPORATE DRIVE PLAND, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS r-:J CIVIL DIVISION 0 g NO. 0/i-3526 ~~\ ~ UJ.i.: ~ Ar;:(~,. "',,'.l',,, r,'" il~.:". '" ~ ~ I ",,, .~'" I'.~Q"" \", , ....-.r~:~}: ;.:~j:~: f,;', )~;'" ~ ::< UJ Plaintiff, v. LUCUNDAS.AARONSON MARK ALAN AARONSON ROGER W. HOOVER Defendallt(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: o .." ~ rl1 fn -am ::ny qt, ..;i'''f. ..!:--q ~o OM'I ~~ ~ Kindly enter an in rem judgment in favor of the Plaintiff and against LUCINDA S. AARONSON and MARK ALAN AARONSON and ROGER W. HOOVER, Defendant(s) for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint Interest from 6/20/06 to 9/26/06 TOTAL $380,212.49 $5,881.59 $386,094.08 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. ATTCii;~EY FILE COpy PLEASE RETURN DAMAGES ARE HEREBY ASSESSED AS INDICATED. Z ~ DATE: ad ~, .:2OClb . ic~h . PRO OTHY ,.' ~\\~\n~l~ 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, infonnation and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. DATE:-4~l~ By: ; I PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. 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 Certificateholders of CW AL T 2004-22CB ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants CERTIFICA TION 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. Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 1122 Floribunda Lane Mechanicsburg, PA 17055 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 324 East Meadow Drive Mechanicsburg, PA 17055 DATE: lJ'f/D1 I I B{ Phelan Hallinan & Schmieg, LLP /~7~ Michele M. Brad ord, EsqUIre Attorney for Plaintiff C) r---.) L_ :-~ , z I CO o -n 1 rnp! :g8 ::.'1 , r I l '.. .J'.J ~. -) ~;; :-1'1 .".rJ :.< --J 6ANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW AL T 2004-22CB PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LUCINDA S. AARONSON, MARK ALAN AARONSON, ROGER W. HOOVER DEFENDANTS NO. 06-3526 CIVIL ORDER OF COURT AND NOW, this 1ih day of January, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 6, 2007; 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 Defendant files 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.~rt}. ~ ~ J. . ~ele M. Bradford, Esquire L,{';,cunnsel for Plaintiff _:~ ~ ~inda S. Aaronson ~ ~ \!!;J <. ~ark Alan Aaronson ~ Roger W. Hoover Defendants bas \:i\\~\lt\\)8\,\\,\'3d n 'I \\ , .",.,,-,' ,-""Qlt,\('\\' \~r'''\ ' ,." """'l"~\ \ iJ.S>o;' \"~" . ',' ' ~ (J ,t. lId f., \ ,,~\l~~t -~1r\i. ~o ~....1 ~ ..,l , ...""' ,.,."1\ . .. \ H"''''; . . t-:'C\j1.0\,~:r\,-:",vd- ...\ "3()\:\:,Q-G1\\::i 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 Certificateholders of CW AL T 2004-22CB A TIORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 17,2007 Rule directing the defendant to show by February 6, 2007 was sent to the following individuals on the date indicated below. Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 1122 Floribunda Lane Mechanicsburg, P A 17055 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 324 East Meadow Drive Mechanicsburg, P A 17055 DAlE: I /:A 5/ Dl I I {BY: ichele M. Bradfor Attorney for Plaintiff LP r-.:> = '3 '- :;::;z... Z N U) a "T1 ...... :J:" I'll;::::;;; 1.--. -f) ~~, ~(~ ~:\:~ -r:: :::~, -..... .\ .....- ."";C) ::~~_; en \._'"', '~ -<.. -0 -"';;,?.. ~- (..+Y _J -' -- SALE DATE: MARCH 7. 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW AL T 2004-22CB No.: 06-3526 vs. LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER 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: 324 EAST MEADOW DRIVE. MECHANICSBURG. P A 17055. As required by Pa. R.C.P. 3129.2(a) Notice ofSa1e has been given in the manner required by Pa. R.C.P. 3l29.2(c) on each ofthe persons or parties named, at that address set forth on the attached Affidavit No.2 (previously filed) and Amended Affidavit No.2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy 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. ~ J)ij~1 DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff February 2,2007 - r' $' if,i - \0 00 -..l a. v. .j>o "" ...., - ~ B~ V; :;= ~ ~ :: 0 'Z ~'l a., ,i's., i il ~ i:x: () ~l ~ la. :> ~I i ~ en ~ tnl i~ ~ ~~ I R-::;;::: : {.-l ; ,. ~ 1'! '" .. ~ g" ...b !gt\i; :!;l..!i g. iIi- .f i'" I' ~il.~2, ~ iI-ill. II ~ it 'nh~ Il~H ,lii ~rr~' ~lt~ I ill ;; :~"~::'4."., ! 11 \ i'f~ t i~~.;t . /:, \ill ~'I'~I. ~... i l~ f :l;''l2.lf t. a ~ . \\ \ " "''ll/ ~ ~ ~ ~ ~ ~ ~ i ~ t ~ ~ ~ ~ ~. ~ ~ ~ i ~~~~~Ri~jl i~~~o~~ @~J 'Zz;c2.c....,o~1 ~ ~ r;; ~ ~ "v> ~ VJ i :i!~~:~-~ ~~i '~iiiil" ~E8~~~.o~ ~ N ~ 0 :> 0 ~ (j ~-.';;~~~~~ ~~~}l~~~:. ~~ ~~~~~~ ~ '"Cl ~ Z ~ ~ ~ ~ ~ ~ n Q ~ S! oc; 0 ~ ~ {g ~ ~ ~ ! ~ ~ ~ ~ ~ ~ ~ ~ ): S .P ""tl> ~ ~ ~ lJt ~.-:::i ~ C(.l ~ ~ ~ ~ ~ g VI ~ ~ .~ g ~ en tIl ~ ~ ~ "tl ::i :> ~ :'I...~~~ . .'. i,(;:- ;i:i~=-i .. i: ! ,,-....-.~ : -. 021M $ 02~e . . IS? 0004218010 , OOT oaT 100li " MAILED FROM ZIPCQ.aE 19103 > a t!. CD z c s If ~ ~>l ~ te f;llll ~~; ., Q. "'d-o'"O ':r_. :3':I: ~(ttr1 iii~ jP' :-n Q ;; "'d>~~~ ~...L' ~~f!;~ ~~f.~ ~~i~ ~~g.~ ~~g9 ~ g' r ...,..... t" ~8 ~ =: .i.~~ ,1 .J i -:.") -f'1 r"i-, OJ I ()"1 (-~\) " c.;-" ------- PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. 10. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (71 'i) 'ih~-7000 Bank of New York As Trustee for the Certificateholders ofCWALT 2004-22CB ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants MOTION TO MAKR RIJ1,R ARSOI.1JTR Bank of New York As Trustee for the Certificateholders of CW AL T 2004-22CB 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 January 4,2007. 3. A Rule was entered by the Court on or about January 17,2007 directing the Defendant 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 January 25,2007, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 6,2007. 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 ~pl\)l- Date Michele M. Brad , Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. J.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (? 1 'i) 'i()l- 7000 Bank of New York As Trustee for the Certificateholders of CW AL T 2004-22CB AITORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants RRIFF IN STJPPORT OF PI..4 INTIFF'S MOTION TO M.4 KF RIll ,F .4 RSOI ,TJTF A Motion to Reassess Damages was filed with the Court on January 4,2007. A Rule was entered by the Court on or about January 17,2007 directing the Defendant 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 January 25,2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of February 6,2007. 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 ~ Exhibit "A" BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWAL T 2004-22CB PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. LUCINDA S. AARONSON, MARK ALAN AARONSON, ROGER W. HOOVER DEFENDANTS : NO. 06-3526 CIVIL ORDER OF COURT AND NOW, this 17" day of January, 2007, upon consideration of the Plaintiffs Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before February 6. 2007; 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 Defendant files 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. \ l t~.~~ M. l. Ebert, Jr., J. Michele M. Bradford, Esquire Counsel for Plaintiff Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. 1.0. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103..1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders of CW AL T 2004-22CB f.: CC9'( ~\t(.'~ t\\-.t. ~~ Plaintiff ~()?..,,~: \\t.\\S{' ~ t(L~~'O~ vs. LucindaS. Aaronson Mark Alan.Aaronson Roger W. Hoover Defendants a c' ~:- -(J ~..'./~ :r; ~j:;-:~ , ..- .:::..:.J ATTORNEY FOR PLAINTItF ~ Court of Common Pleas Civil Division Cumberland County No. 06-3526 CERTIFICATION OF SERVICE . ~~~'\ I hereby certify that a true and co~~, ~January 17, 2007 Rule directing the defendant to show by February 6, ~$~ the following individuals on the date indicated below. Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 1122 Floribunda Lane Mechanicsbmg, PA 17055 ~..J\ .e~'" < I (~~\~ 'J<\.~ .<.'.~'\ ' '<..~~\~ (\. \.~ a...~" ~()(.\ ~~~~' ~. '~S~~~ " DATEd I:A 51 b1 I Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 324 East Meadow Drive Mechanicsburg, P A 17055 fBy: Ichele M. Bradfo Attorney for Plaintiff ~ = = -..I o 11 :;:1 Fil~ !"\..... -.,...,~ I......, .:dd ~ .~::1 ~~ ,;:: (") (S en ...-j > ::0 -.:: ~ -...:,... ~"'- w VJ4:RTFTCA TTON Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 94904 relating to the unsworn falsification of authorities. Da~!~ bl r1n1dl!Qurre Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. lD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, P A 19103-1814 (? 1 '\) '\01- 7000 Bank of New York As Trustee for the Certificateholders of CW AL T 2004-22CB Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants CF.RTIFICA TR OF SRRVICR 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: Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 1122 Floribunda Lane Mechanicsburg, P A 17055 oate&-J 7/ () l Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover 324 East Meadow Drive M 'csb A 17055 C~,>,_, ,..~ ~2 () :.n --4 Il1 rn2j ,):) '1t -'1 I:') ,-0 -q fTl C1 \.,0 -'0 r:...... ( ,,) C) Bank of New York as Trustee for the Certificateholders of CW AL T 2004-22CB Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Lucinda S. Aaronson, Mark Alan Aaronson, Roger W. Hoover, Defendants : 06-3526 CIVIL ORDER OF COURT AND NOW, this 15th day of February, 2007, upon consideration of the Plaintiff's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. By the Court, fli'chele M. Bradford, Esquire Attorney for Plaintiff/Petitioner ~ucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants '\l J. bas \fiNV^l).,SNN3d JJ.r'\!nO~) nt.'\~n~F18~n:) L2 :q Wd S I 9J.:HOOl AW10NOH1O'dd 3H1 ;lO 38H:tQ-(]31l::! 7 J:EB 11 2007 ( IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Bank of New York As Trustee for the Certificateholders of CW AL T 2004-22CB Court of Common Pleas Civil Division Plaintiff Cumberland County vs. No. 06-3526 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants ORDRR AND NOW, this~ay of ~e"br~, 2007 the Prothonotary is ORDERED to amend the judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance Interest Through 3/07/07 Per Diem $58.60 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/BPO MIP /PMI $322,847.05 52,040.61 1,970.87 2,475.00 1,382.00 0.00 768.00 0.00 2,410.01 ,.. "'" , . NSF Suspense/Misc. Credits Escrow Deficit 0.00 0.00 )4,97441 TOTAL $408,867.97 Plus interest from 3/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT ~~ \ u1~ J " 138606 ViNW\lASNt Bd AJ.Nn(',,-\ "", '\",""', '--G'llin" . I L}.,,,. ~-,:! ";" :::!~:i.jtl f V ~ LZ ~q Wd S I 833 tOOl AtW10NOI.{LOUd 3H1:t0 381:HO-anl r Bank of New York as Trustee for the Certificateholders of CW AL T 2004-22CB . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. Lucinda S. Aaronson, Mark Alan Aaronson, Roger W. Hoover, Defendants : 06-3526 CIVIL ORDER OF COURT AND NOW, this 15th day of February, 2007, upon consideration of the Plaintiff's Motion to Make Rule Absolute, IT IS HEREBY ORDERED AND DIRECTED that the Motion is GRANTED. By the Court; ,\1- J. Michele M. Bradford, Esquire Attorney for Plaintiff/Petitioner Lucinda S. Aaronson Mark Alan Aaronson Roger W. Hoover Defendants bas M. L. EBERT, JR. JUDGE ov:1r-- ~)JO o~r~ .. Q~t-~POs'l4-~ tc.. . /!! ~~ '. . z '" t ---.-..~ : :Ji ............ PlTNEV '021A $O~ ~ 0004631598 FEB · 'MAILED FROM ZIP coe ONE COURTHOUSE SQUARE CARLISLE. PA 17013-3387 Lucinda S. Aaronson Mark Alan Aaronson Roger W. Ho 324 East Me. MechanicsbL :17:1 CC:1 .~5 03/0: RETURN TO SENDER NOT OE~ZVERAa~E AS AODRESSED UNAa~E TO FORWARD ae: :170:13 *04:1~-0:1Se7-:11 111I11I111111111111" 111111111,1 ,ulh .It.., H" ,n..,"'. ,n.t. I NXx:tE 1i.a~~,@e COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which CW ALT 2004-22CB Tr is the grantee the same having been sold to said grantee on the 7th day of March A.D., 2007, under and by virtue of a writ Execution issued on the 13th day of Oct, A.D., 2006, out of the Court of Common Pleas of said County as of Civil Term, 206 Number 3526, at the suit of CW AL T 2004-22CB Tr against Lucinda S Aaronson & Mark Alan Aaronson & Roger W Hoover is duly recorded in Deed Book No. 279, Page 1204. IN TESTIMONY WHEREOF, I have hereunto set my hand ~3 day of and seal of said office this ~ , A.D. ;;Lo () 7 ~i_~~~ RecorderofDeeds My ~, Exp/Na !he F"1lIt u.-;.:.... . PA -....-, ... Jen. 2010 Bank of New York as Trustee for the Certificate Holders of CW AL T 2004-22CB VS Lucinda S. Aaronson, Mark Alan Aaronson and Roger W. Hoover In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3526 Civil Term Stephen L. Bender, Deputy Sheriff, who being duly sworn according to law, states that on January 02, 2007 at 1410 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Lucinda S. Aaronson and Mark Alan Aaronson, by making known unto Mark Aaronson personally and adult in charge for Lucinda S. Aaronson, at 1122 Floribunda Lane, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that on October 31, 2006 at 1530 hrs 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: Roger W. Hoover, by certified mail, return receipt requested to his last known address of 1506 Roseberry Court, Orange Park, FL 32003. The return receipt card was signed by Roberta J. Hoover on November 09,2006 and then returned to the Sheriffs Office. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19,2007 at 1500 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 Lucinda S. Aaronson, Mark Alan Aaronson and Roger W. Hoover located at 324 East Meadow Drive, 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: Lucinda S. Aaronson and Mark Alan Aaronson, by regular mail to their last known address of 1122 Floribunda Lane, Mechanicsburg, P A 17055. This letter was mailed under the date of January 12,2007 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: Roger W. Hoover, by regular mail to his last known address of 1506 Roseberry Court, Orange Park, FL 32003. This letter was mailed under the date of January 12,2007 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 07, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Bank of New York as Trustee for the Certificate Holders ofCWALT 2004-22CB. It being the highest bid and best price received for the same, Bank of New York as Trustee for the Certificate Holders ofCWALT 2004-22CB, of 7105 Corporate Drive, PIano, TX 75024, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of$I,150.94. Sheriffs Costs: Docketing Poundage $30.00 22.57 ( Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriff's Deed 15.00 15.00 30.00 10.00 .50 1.00 18.48 2.44 15.00 40.00 449.00 420.62 16.83 25.00 39.50 n $ 1150.94 ./ '3 )31101--,-... s07~~ R. Thomas Kline, Sheriff BY do~~ Real Estate geant ~~ 3D,(JD I. b1) Ck.. &'1 qD3 ~ / C,O I, 3q BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICA TEHOLDERS OF CW AL T 2004-22CB CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. CIVIL DIVISION LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER NO. 06-3526 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No.1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CW AL T 2004- 22CB, 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 .324 EAST MEADOW DRIVE. MECHANICSBURG. P A 17055. 1. Name and address ofOwner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LUCINDA S. AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, P A 17055 MARK ALAN AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG,P A 17055 ROGER W. HOOVER 1506 ROSEBERRY COURT ORANGEPARK,FL 32003 2. Name and address ofDefendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) WELLS FARGO FINANCIAL PA, INC. 4143 121ST STREET URBANDALE, IA 50323 , 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) KYLE BRADY 116 NORTH MAIN STREET SELLERSVILLE, P A 18960-2330 1506 ROSEBERRY COURT ORANGE PARK, FL 32003 ROGER W. HOOVER 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 324 EAST MEADOW DRIVE MECHANICSBURG, PA 17055 Domestic Relations of Cumberland County 13 North Hanover Street Carlisle, P A 17013 Commonwealth of Pennsylvania Department of Welfare PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. September 26. 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff , BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB Plaintiff, CUMBERLAND COUNTY No. 06-3526 v. LUCINDA S. AARONSON MARK ALAN AARONSON ROGER W. HOOVER Defendant(s). September 26, 2006 TO: LUCINDA S. AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, PA 17055 MARK ALAN AARONSON 1122 FLORIBUNDA LANE MECHANICSBURG, P A 17055 ROGER W. HOOVER 1506 ROSEBERRY COURT ORANGE PARK, FL 32003 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HA VE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. ** Your house (real estate) at. 324 EAST MEADOW DRIVE. MECHANICSBURG. PA 17055. is scheduled to be sold at the Sheriffs Sale on MARCH 7. 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $386.094.08 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS OF CWALT 2004-22CB (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 MA Y 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 HA VE 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 THA T CERTAIN lot or piece of ground with the buildings and improvements thereon erected, known as 324 East Meadow Drive, Mechanicsburg, PA 17055, in the Township of Upper Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the western dedicated right of way line of East Meadow Drive, said point being on the dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots; thence along the said dividing line, North 37 degrees 47 minutes 17 seconds West, 122.41 feet to a point; thence North 41 degrees 56 minutes 0 I seconds East, 117.54 feet to a point on the southern line of South Meadow Drive; thence along same, South 48 degrees 03 minutes 59 seconds East, 118.30 feet to a point; thence continuing along same on a curve to the right having a radius of 12.00 feet, an arc length of 18.54 feet to a point on the western dedicated right of way line of East Meadow Drive; thence continuing along same on a curve to the right having a radius of 625.00 feet, an arc length of 128.30 feet to a point on a dividing line between Lot Nos. 74 and 75 on the hereinafter mentioned Plan of Lots, the Place of Beginning; BEING Lot No. 74 on Phase I-Final Subdivision Plan of Meadowview Estates, said Plan being recorded in Cumberland County Recorder of Deeds Office in Plan Book 52, Page 116, and re- recorded in Plan Book 53, Book 10; BEING the same premises which Roger W. Hoover granted and conveyed to Mark A. Aaronson and Lucinda S. Aaronson by Deed dated May 19,2004, which Deed is recorded in the Office of the Recorder of Deeds in and for Cumberland County in Record Book 263 at Page 529; PARCEL NO. 42-28-2419-017 PROPERTY BEING: 324 EAST MEADOW DRIVE, MECHANICSBURG, PA 17055 VESTED BY: Special Warranty Deed, dated 7/29/05, given by Mark A. Aaronson and Lucinda S. Aaronson to Roger W. Hoover and recorded 8/3/2005 in Book 270 Page 1290 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-3526 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 CW AL T 2004-22CH Plaintiff (s) From LUCINDA S. AND MARK ALAN AARONSON, 1122 FLORIBUNDA LANE, MECHANICSBURG PA 17055, AND ROGER W. HOOVER, 1506 ROSEBERRY COURT, ORANGE PARK FL 32003 (1) You are directed to levy upon the property of the defendant (s)and to sell REAL ESATE LOCATFED AT 324 E. MEADOW DRIVE, MECHANICSBURG PA 17055 (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 enj oined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated, Amount Due $386,094.08 L.L. $.50 Interest FROM 9/26/06 TO 3/7/07 @ $63.47 PER DIEM = $10,282.14 Atty's Conun % Due Pro thy $1.00 Atty Paid $219.36 Plaintiff Paid Other Costs Date: OCTOBER 13, 2006 (Seal) Curtis By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQ. Address: ONE PENN CENTER @ SUBURBAN STATION 1617 JFK BLVD., SillTE 1400 PHILADELPHIA PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 lUllailJas :ll,,'B lSl~a~ 1J1.7l1Ap II f-JV(\ :"8 900Z 'I t l~qOPO :~l'BG l!5O @:9 ~ G9 'U!~l~q P~l'BlOd.IO;)U! ~;)U~l~J~l S!ql Aq pU'B l!.IM S!ql ql!M P~I!.J "v" l!q!qxg uo p~q!l;)S~P AII11J ~lOUI 'zbnqs;)!u'Bq;)~W '~A!lG MOp'B~W lS'Bg 17Zt S'B p~l~qUInu pU'B UMOU)I Vd 'AlunoJ pU'BJl~qUInJ 'd!qSUMOl, U~nv l~ddfl U! p~l'Bnl!S All~dold I'B~l ~ql U! lS~l~lU! S,lU'BpU~J~P ~ql uodn P~!A~I JJ!l~qS ~ql 900Z 'I t l~qOPO uo V I # ~I'BS ~l'Blsg I'B~"M L il :b V L I 130 QOOl ;:; 'AL , .:UI(jjl':S . ; L .: '-'.1 Jl ~ ,., THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever smce; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co, aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#14 Sworn to CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 - ,. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : SSe COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, VIZ: January 26, February 2 and February 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. REAL ESTATE SALE NO. 14 Writ No. 2006-3526 Ctvll Bank of New York as Trustee for the Certificate Holders of CWALT 2004-22CB vs. Lucinda S. Aaronson, Mark Alan Aaronson and Roger W. Hoover Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL TIIAT CERTAIN lot or piece of ground with the buildings and improvements thereon erected. known as 324 East Meadow Drive, Mechanicsburg, PA 17055, in the Township of Upper Allen, County of Cumberland and State of Penn- sylvania, more particularly bounded _..a. ,~~_ __.~ t..a..-:a.dt..!.-___ SWORN TO AND SUBSCRIBED before me this 9 day of February. 2007 NOTARIAL SEAL LOIS E. SNYDER. Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5. 2009