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HomeMy WebLinkAbout06-4950GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff VS. LAURIE A. SILVIS MAX L. SILVIS III Mortgagors and Real Owners 1045 Wayne Avenue Carlisle, PA 17013 Defendants CIVIL A(?JMN: MORTGAGE fro"CL E NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. 0t.-- -WSD (210?l.? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELPFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEER$ CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, FSTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.tzov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6396. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. Resources available for Homeowners in Foreclosure COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, 7105 Corporate Drive, PTX B-209 Plano, TX 75024-3632. 2. The names and addresses of the Defendants are LAURIE A. SILVIS, 1045 Wayne Avenue, Carlisle, PA 17013-1640 and MAX L. SILVIS III, 1045 Wayne Avenue, Carlisle, PA 17013-1640, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On May 28, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1814, Page 0130. The mortgage has been assigned to: BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 by assignment of Mortgage which assignment is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property„). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for December 01, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 11/01/2005 through 08/31/2006 at 6.1300% Per Diem interest rate at $17.22 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 12/01/2005 to 08/31/2006 Monthly late charge amount at $35.04 Costs of suit and Title Search Monthly Escrow amount $242.75 $102,539.27 $5,234.87 $5,126.96 $315.35 $900.00 $114,116.45 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff s Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. 8. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $114,116.45, together with interest at the rate of $17.22, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By:_ nowr,{, ohgLWerlx, G DBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Joseph A. Goldbeck Jr., as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 9 3. 0 & ?r ?hibitA AuY-00-06 17:52 Frwr andsafe title ns 072-406-5605 T-351 P.015/017 F-505 L'?ALD? >?qd IiO.a 'Jl-1S+'?Pl'?. G14A9lCdlledQ+719?/? w.,, .GBNI??t?ybOW1?/d,?d01?lf?bllDwaf.q• 10lOp?d ILL 0? ?}?.; O?A!'ro l?dt ww*aiyr? AY?10 t00 T Cwt* this to be recorded To Cumber]and County PA . rO ?`Y ky.: ems ? Bo 1hA BIISC?DSS sCt ? ip l? ?.O ' Ss 416 =9=94 Reo s Oft W Dad Be* -01- voTmw M Pw w; a a /-;Q. ? l V C') o > G7 October 13,2006 1. PLAINTIFF Bank of New York As Trustee for the Certificate Holders CWABS II, INC. LFf2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 vs. 2. DEFENDANT(S) Laurie A. Silvis Max L. Silvis III (mortgagor(s) and Record Owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 In the Court Of Common Pleas of Cumberland County Civil Action -Law Action of Mortgage Foreclosure Term No. 0G-4950 3. We would like to ask for a continuance. We are seeking more time to obtain an attorney. The reason we delayed because we were working with the lender for assistance in resolving this matter of foreclosure. We were under the impression that there would be a work out solution. We recieved the phone call on 10-10-06 from the work out department that they could not help us. Thank You, Max & Laurie 'lvis ' r_ :? Y7 _,, ?a SHERIFF'S RETURN - REGULAR CASE NO: 2006-04950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SILVIS LAURIE A ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE SILVIS LAURIE A was served upon the DEFENDANT , at 0017:17 HOURS, on the 13th day of September, 2006 at 1045 WAYNE AVENUE CARLISLE, PA 17013 MAX SILVIS III a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline r% r% 32.40 ? 09/14/2006 ()M MCCAFFERTY, MCKEEVER 9I .,- Sworn and Subscibed to By: )zz x vze / before me this day D y heri of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-04950 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS SILVIS LAURIE A ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon ["TT 17 T0 ANA '%r T_ TTT the DEFENDANT , at 0017:17 HOURS, on the 13th day of September, 2006 at 1045 WAYNE AVENUE CARLISLE, PA 17013 MAX SILVIS III by handing to a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing His attention to the contents thereof. Service .00 Af f idavit .00 Surcharge 10.00 R. omas in p .00 16.00,/ 09/14/2006 GOLDBECK, MCCAFFERTY, MCKEEVER a? U Sworn and Subscibed to By: before me this day Sheriff's Costs: So Answers: Docketing 6.00 of A. D. GOLDBECK McCAFFERTY & MCKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005- 04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 vs. ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-4950 LAURIE A. SILVIS and MAX L. SILVIS III Mortgagors and Record Owners 1045 Wayne Avenue Carlisle, PA 17013 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS 2. Identify counsel who will argue cases: (a) for plaintiff: David Fein, Esquire Goldbeck McCafferty & McKeever (Name and Address) Suite 5000, Mellon Independence Center, 701 Market St., Phila., PA 19106 (b) for defendant: Laurie A. Silvis and Max L. Silvis III (Name and Address) 1045 Wayne Avenue Carlisle PA 17013 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Signature David Fein, Esquire ID #82628 Print your name Date: V1164 GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005- 04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 vs. LAURIE A. SILVIS and MAX L. SILVIS III Mortgagors and Record Owners 1045 Wayne Avenue Carlisle, PA 17013 No. 06-4950 PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS AND NOW, this Plaintiff moves this Court for Judgment on the Pleadings in accordance with Pennsylvania Rule of Civil Procedure No. 1035.1 et seq. for the following reasons: 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 (hereinafter "Plaintiff'). 2. Defendants are LAURIE A. SILVIS and MAX L. SILVIS III (hereinafter "Defendants"). 3. Plaintiff filed its Complaint in mortgage foreclosure on August 24, 2006. A true and correct copy of the Complaint is attached hereto as Exhibit A. 4. Defendants filed an Answer on or about October 13, 2006, which admits each and every allegation of Plaintiffs complaint. A true and correct copy of the Answer is attached ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY hereto as Exhibit B. WHEREFORE, Plaintiff moves for Summary Judgment in its favor. Respectfully submitted, GOLDBECK MCCAFFERTY & MCKEEVER David Fein, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McI FEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-4950 VS. LAURIE A. SILVIS and MAX L. SILVIS III Mortgagors and Record Owners 1045 Wayne Avenue Carlisle, PA 17013 EXHIBIT LIST A. Complaint B. Answer EXHIBIT "A,• GOLDBECK MCCAFFEN BY: JOSEPH A. , ATTORNEY LD. # SUITE 5000 - ME O EP NDI 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 WWW.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF I HEREBY CEPT'r'' THAT THIS IS A TRUE AND Cc HNizC7 CWY OR THE OF101 AL FILED C'C. ,LL'r BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff vs. LAURIE A. SILVIS MAX L. SILVIS III Mortgagors and Real Owners 1045 Wayne Avenue Carlisle, PA 17013 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE CIVIL A({r? MORTGAGE "ECL' E NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FO-RTIMEICQW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA - -n IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ' . T?'R( E YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERES ' ELLE PERSONS AT A REDUCED FEE OR NO FEE.='s LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO 44 ?- n N -< LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO., PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE COMO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call Beth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6396. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. B: 41? 1 J*BS II, 1. Pi ti is a L- ARUSTEE FO ME 0 51 5 a rive, PTX B-209 A3 Glai.r.;Erlf OF 2. The names d e th Defendants are LAURIE A. SILVIS, 1045 Wayne Avenue, Carlisle, PA 17013-1640 . SIL S III, 1045 Wayne Avenue, Carlisle, PA 17013-1640, who are the mortgagors and real owners of the mortgaged premises hereinafter described. 3. On May 28, 2003 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ACTING SOLELY AS A NOMINEE FOR COUNTRYWIDE HOME LOANS, INC., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1814, Page 0130. The mortgage has been assigned to: BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 by assignment of Mortgage which assignment is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property") 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for December 01, 2005 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance Interest from 11/01/2005 through 08/31/2006 at 6.1300% Per Diem interest rate at $17.22 Reasonable Attorney's Fee at 5% of Principal Balance as more fully explained in the next numbered paragraph Late Charges from 12/01/2005 to 08/31/2006 Monthly late charge amount at $35.04 Costs of suit and Title Search Monthly Escrow amount $242.75 $102,539.27 $5,234.87 $5,126.96 $315.35 $900.00 $114,116.45 7. If the Mortgage is reinstated prior to a Sheriff s Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. The Attorney's Fees requested are in conformity with the Mortgage and Pennsylvania law. Plaintiff is entitled to collect Attorney's fees of up to 5% of the remaining principal balance in the event the Property is sold to a third party purchaser at Sheriff's Sale or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an "in Dersonam' judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act and, as such, is not subject to the provisions of Pennsylvania Act No. 91 of 1983 or Act 160 of 1998. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $114,116.45, together with interest at the rate of $17.22, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriffs Sale of the Property. By: D#2ftlh a- sbdJ t G DBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF VERIFICATION I, Joseph A. Goldbeck Jr., as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 2 3 - a &O -0 L ?hibitA Aug-0946 17:62 Froe-landsafe title as 972-498-6908 T-851 P.015/017 F-595 i?.?t Via#a ¦c[4lbodslmge imMorebMiddleeoa Uwaft, ? C,buw,Fbw43lv6eK nwnepuftd wy% 30e4Ih I udo>1bDotMIQvft axft SAO b, 'brae Ammm anlt l*1%6 Zia ftl u-wm e p mw o ?IMe > Ik blladiaa?tr pt ?' D"w-=d Oa die'W*9 by l w No. 4 on pia mal qed malt t? 3 a®d ; of 70 *d cm Wayne Aret;cape nand 'UAso* ma aFlenti la?3?tNa.liwdwoueatdw mob"= ofI?umgac Ctt rawkwumd---o to!1b RecanwR•O>?e A 53l*b ftp is cac d *Wmwh e-bft sad ow Impemt as sad magb%W tl?l1S?Q ?, ?"??b'dw tEaW 4 old c .? m ? mo dos>a?i ?iipODFi *ft in Dccd Backses" 01 v ease A I IWO 119 I Cardfy this to bo rmyrdlerd Ta Cumbtdand County PA r EXHIBIT "5 " I, .. October 13,2006 1. PLAINTIFF In the Court Of Bank of New York As Trustee for the Certificate Corrunon Pleas Holders CWABS H. INC. LF172005.04 of Cumberland County 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Civil Action -Law vs. L DEFENDANT(S) Action of Laurie A. Silvis Mortgage Foreclosure Max L. Silvis III (mortgagor(s) and Record Owner(s)) 1045 Wayne Avenue Tenn Carlisle, PA 17013 No. 06-4950 3. We would like to ask for a continuance. We are seeking more time to obtain an attorney. The reason we delayed because we were working with the lender for assistance in resolving this matter of foreclosure. We were under the impression that there would be a work out solution. We recieved the phone call on 10-10.06 from the work out department that they could not help us. Thank You, Max & Laurie 'leis VERIFICATION DAVID FEIN, ESQUIRE hereby states that he is the attorney for Plaintiff herein, and that all of the facts set forth in the attached Plaintiff's Motion for Judgment on Pleadings are true and correct to the best of his knowledge, information and belief. The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. Davi Fein, Esquire Attorney for Plaintiff GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-4950 VS. LAURIE A. SILVIS and MAX L. SILVIS III Mortgagors and Record Owners 1045 Wayne Avenue Carlisle, PA 17013 CERTIFICATE OF SERVICE OF PLAINTIFF'S MOTION FOR JUDGMENT ON PLEADINGS Cheryl A. Dilchus, hereby certifies that she did serve true and correct copies of Plaintiffs Motion for Judgment on Pleadings, Memorandum of Law in Support and all supporting papers by first class mail, postage pre-paid upon the following on the date listed below: Laurie A. Silvis 1045 Wayne Avenue Carlisle, PA 17013 Date: ?a Max L. Silvis III 1045 Wayne Avenue Carlisle, PA 17013 41A. D' hus Sr. Litigation Paralegal n ?a T{ -. W r=j4'ti C'} J:] CJ, GOLDBECK McCAFFERTY & McKEEVER BY: DAVID FEIN, ESQUIRE Attorney I.D. #82628 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff vs. LAURIE A. SILVIS MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 Defendants IN THE COURT OF COMMON PLEAS OF Cumberland County 06-4950 AFFIDAVIT OF SERVICE I hereby certify that a true and correct copy of Notice of Oral Argument scheduled for January 24, 2007 at Prothonotary of Cumberland County 1 Courthouse Square Carlisle, PA 17013 on Plaintiff's Motion for Judgment on Pleadings, was sent by first class mail, postage pre- paid, upon the following on the date listed below: LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 The undersigned understands that statements herein are made subject to the penalties of 18 P.S. section 4904. GOLDBECK McCAFFERTY & McKEEVER Date: January 11. 2007 By: David Fein, Esquire Attorney for Plaintiff N -e, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CERTIFICATE HOLDERS CWABS II, INC. LFT2005- 04- Term No. 06-4950 vs. LAURIE A. SILVIS and MAX L. SILVIS III ORDER AND NOW, this 4 ' ` day of 2007, upon consideration of Plaintiffs Motion for Judgment on the Pleadings, and Defendants' response thereto, if any, it is ORDERED and DECREED that Plaintiff s Motion is GRANTED; and that Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendants, with damages assessed in the amount of $114,116.45, together with interest from September 1, 2006 to the date of Sheriff's Sale at the rate of $17.22 per day, and for foreclosure and sale of the mortgaged premises. Y V e? N V ti O V 1 ? C'n In the Court of Common Pleas of Cumberland County BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff VS. LAURIE A. SILVIS MAX L. SILVIS III (Mortgagor(s) and Record Owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 Defendant(s) No. 06-4950 PRAECIPE FOR JUDGMENT THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Enter the Judgment in favor of Plaintiff and against LAURIE A. SILVIS and MAX L. SILVIS III IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED JANUARY 24, 2007. Assess damages as follows: Debt $114,116.45 INTEREST FROM 9/1/06 THROUGH 1/31/2007 $2.634.66 Additional Late Charges through 1/31/07 175.20 Additional Escrow through 1/31/07 Interest from 02/01/2007 to Date of Sale Total (Assessment of Damages attached) $1,213.75 $118,140.06 I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or delivered to the Vn? arty against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at leas prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 I.D. 161 AND NOW Judgment is entered in favor of BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 and against LAURIE A. SILVIS and MAX L. SILVIS III IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED JANUARY 24, 2007 and damages assessed in the sum of $118,140.06 as er the above cert' ation. Pro notary w 4 Rule of Civil Procedure No. 236 - Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff No. 06-4950 VS. LAURIE A. SILVIS MAX L. SILVIS III (Mortgagors and Record Owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: i If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 CWD-6396 J THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 4, 2006 TO: MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff vs. LAURIE A. SILVIS MAX L. SILVIS III (Mortgagor(s) and Record Owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 Defendant(s) TO: MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-4950 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 JCtSe?h FLU ti?? --r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 CWD-6396 40 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. DATE OF THIS NOTICE: October 4, 2006 TO: LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 BAND OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff vs. LAURIE A. SILVIS MAX L. SILVIS III (Mortgagor(s) and Record Owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 Defendant(s) TO: LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 In the Court of Common Pleas of Cumberland County CIVIL ACTION - LAW Action of Mortgage Foreclosure Term No. 06-4950 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 ?? cvr?f? ? ?aldCzec??r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, LAURIE A. SILVIS, is about unknown years of age, that Defendant's last known residence is 1045 Wayne Avenue, Carlisle, PA 17013-1640, and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. ?? Date: VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, MAX L. SILVIS III, is about unknown years of age, that Defendant's last known residence is 1045 Wayne Avenue, Carlisle, PA 17013-1640, and is engaged in the unknown business located at unknown address. 2. That Defendant is 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 Action of Congress of 1940 and its Amendments. Date: ?` ?? ? M GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005- 04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff vs. LAURIE A. SILVIS MAX L. SILVIS III (Mortgagor(s) and Record owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-4950 ORDER FOR JUDGMENT Please enter Judgment in favor of BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, and against LAURIE A. SILVIS and MAX L. SILVIS III IN ACCORDANCE WITH THE SUMMARY JUDGMENT ORDER DATED JANUARY 24, 2007, in the sum of $118,140.06. Jr. I hereby certify that the above names are correct and that'tlfe precise residence address of the judgment creditor is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 and that the name(s) and last known address(es) of the Defendant(s) is/are LAURIE A. SILVIS, 1045 Wayne Avenue Carlisle, PA 17013-1640 and MAX L. SILVIS III, 1045 Wayne Avenue Carlisle, PA 17013-1640; GO E McCAFFERTY & McKEEVER BY: osep rA- Goldbeck, Jr. Atto ev laintiff ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: SUMMARY JUDGMENT ORDER $114,116.45 ADDITONAL INTEREST through $2,634.66 01/31/2007 ADDITIONAL LATE CHARGES $175.20 ADDITIONAL ESCROW $1,213.75 $118,140.06 GOLD V1 CAFFERTY & McKEEVER BY: J seph Goldbeck, Jr. Attorn v for laintiff AND NOW, this 9A-day of )?? , 2007 damages are assessed as above. Pr rothy r• ? ?Q 4-0 .. - M PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P 3180-3183 Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS 11, INC. LFT2005- 04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE LAURIE A. SILVIS MAX L. SILVIS III Mortgagor(s) and Record Owner(s) 1045 Wayne Avenue Carlisle, PA 17013 No. 06-4950 Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount Due Interest from 9/1/2006 THROUGH 1/31/2007 $114,116.45 $2,634.66 Additional Late Charges through 1/31/07 Additional Escrow through 1 /31 /07 Interest from 02/01/2007 to Date of Sale at 6.1300% (Costs to be added) $2,634.66 $1,213.75 7c.) ?o Z+ *1 4a. .? a h w ?llW! All that certain parcel or tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: On the South of Wayne Avenue; on the East by Lot No. 2 on the hereinafter mentioned Plan of Lots; on the North by land now or formerly of William Boyer; and on the West by Lot No. 4 on the hereinafter mentioned Plan of Lots and having a frontage of 70 feet on Wayne Avenue and extending at the same width and depth 160 feet. The above described tract of land is all of Lot No. 3 as shown on that certain Plan of Lots laid out by Albert McCoy and entered of record in the hereinafter named Recorder's Office in Plan Book 4, page 53, on which there is erected a brick semi-bungalow known as and numbered 1045 Wayne Avenue, Carlisle, Pennsylvania. Under and subject, nevertheless, to the restrictions set forth in a previous deed as recorded in the hereinafter mentioned Recorder's Office in Deed Book "O", Volume 20, Page 823. IMPROVEMENTS consist of a residential dwelling. BEINGPREMISES: 1045 Wayne Avenue Carlisle, PA 17013 SOLD as the property of LAURIE A. SILVIS and MAX L. SILVIS III TAX PARCEL #29-18-1367-053 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4950 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, Plaintiff (s) From LAURIE A. SILVIS AND MAX L. SILVIS III (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,116.45 L.L. $.50 Interest FROM 9/1/06 THROUGH 1/31/07 - $2,634.66 Atty's Comm % Due Prothy $1.00 Arty Paid $130.40 Other Costs ADDITIONAL LATE CHARGES THROUGH 1/31/07 - $2,634.66 -- ADDITIONAL ESCROW THROUGH 1/31/07 -- $1,213.75 -- INTEREST FROM 2/1/07 TO DATE OF SALE AT 6.1300% Plaintiff Paid Date: FEBRUARY 9, 2007 (Seal) C R. Long, P not ry By: REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone : 215-627-1322 Supreme Court ID No. 16132 Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CERTIFICATE HOLDERS CWABS II, INC. LF172005- 04- Term No. 06-4950 VS. LAURIE A. SILVIS and MAX L. SILVIS III ORDER AND NOW, this day of 2007, upon consideration of Plaintiffs Motion for Judgment on the Pleadings, and Defendants' response thereto, if any, it is ORDERED and DECREED that Plaintiff's Motion is GRANTED; and that Judgment in mortgage foreclosure is hereby granted in favor of Plaintiff and against Defendants, with damages assessed in the amount of $114,116.45, together with interest from September 1, 2006 to the date of Sheriffs Sale at the rate of $17.22 per day, and for foreclosure and sale of the mortgaged premises. • ?:.:: m ww.?w}' J? aswn g9? h a9vpisfrii}/1?co'Ad"? 111?f4?. t the of 4.16, °Ou 4. al car". Pa. si3c Pmthnn n, Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff vs. LAURIE A. SILVIS MAX L. SILVIS III (Mortgagor(s) and Record Owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE No. 06-4950 AFFIDAVIT PURSUANT TO RULE 3129 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1045 Wayne Avenue Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 2. Name and address of Defendant(s) in the judgment: LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1045 Wayne Avenue Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: January 31, 2007 INE"cCAFFERTY & McKEEVER Jo A. Goldbeck, Jr., Esq. brnev Plaintiff ra r? --`? =;1 ? [l:. ?"=' '? -n ?? , . '' j i'` y _? ! '- r 06-4950 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff VS. LAURIE A. SILVIS MAX L. SILVIS III Mortgagor(s) and Record Owner(s) 1045 Wayne Avenue Carlisle, PA 17013 Term No. 06-4950 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SILVIS, LAURIE A. LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 Your house at 1045 Wayne Avenue, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm. 2nd FL Courthouse to enforce the court judgment of $118,140.06 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 06-4950 1. The sale will be cancelled if you pay to BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-4950 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(i?goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6396. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. C f-J c- 7 4=' "r7 f i `- = ' i t? w ? °' 06-4950 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff VS. LAURIE A. SILVIS MAX L. SILVIS III Mortgagor(s) and Record Owner(s) 1045 Wayne Avenue Carlisle, PA 17013 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS H, INC. LFT2005-04 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-4950 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SILVIS III, MAX L. MAX L. SILVIS 111 1045 Wayne Avenue Carlisle, PA 17013-1640 Your house at 1045 Wayne Avenue, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $118,140.06 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 06-4950 1. The sale will be cancelled if you pay to BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-4950 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(agoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6396. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. r-a 0 -TI C,? 313 4 Bank of New York as Trustee VS Laurie A. silvis and Max L. Silvis, III In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4950 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriff's Costs: Docketing $30.00 Poundage 1,872.00 Prothonotary 1.00 Law Library .50 Levy 15.00 Surcharge 30.00 $1,948.00 ? Y11316 7 So Ans er R. Thomas Kline, Sheriff B N,&_a4 ?- - Lf ?kLA Real Estate ergeant ).sv ? 5 ?l PG / 11,5V 7 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 - Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff VS. LAURIE A. SILVIS MAX L. SILVIS III (Mortgagor(s) and Record Owner(s)) 1045 Wayne Avenue Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Defendant(s) No. 06-4950 AFFIDAVIT PURSUANT TO RULE 3129 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., Esquire, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at: 1045 Wayne Avenue Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 2. Name and address of Defendant(s) in the judgment: LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 MAX L. SILVIS III 1045 Wayne Avenue Carlisle, PA 17013-1640 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. 8201 GREENSBORO DRIVE SUITE 350 MCLEAN, VA 22102 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103 DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE - Bureau of Child Support Enforcement Health and Welfare Bldg. - Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale. TENANTS/OCCUPANTS 1045 Wayne Avenue Carlisle, PA 17013 (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. DATED: January 31, 2007 G cCAFFERTY & McKEEVER B : Jos A. Goldbeck, Jr., Esq. Att mev Plaintiff 06-4950 GOLDBECK MCCAMRTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 .Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff VS. LAURIE A. SILVIS MAX L. SILVIS III Mortgagor(s) and Record Owner(s) 1045 Wayne Avenue Carlisle, PA 17013 Defendant(s; Term No. 06-4950 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SILVIS, LAURIE A. LAURIE A. SILVIS 1045 Wayne Avenue Carlisle, PA 17013-1640 Your house at 1045 Wayne Avenue, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $118,140.06 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL, ACTION - LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 06-4950 1. The sale will be cancelled if you pay to BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-4950 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionagoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6396. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. 06-4950 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 7105 Corporate Drive PTX B-209 Plano, TX 75024-3632 Plaintiff IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION - LAW VS. LAURIE A. SILVIS MAX L. SILVIS III Mortgagor(s) and Record Owner(s) 1045 Wayne Avenue Carlisle, PA 17013 Defendant( Term No. 06-4950 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SILVIS III, MAX L. MAX L. SILVIS 111 1045 Wayne Avenue Carlisle, PA 17013-1640 Your house at 1045 Wayne Avenue, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $118,140.06 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 06-4950 1. The sale will be cancelled if you pay to BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES NOT TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid price by calling the Sheriff of 717-240-6390. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of 717-240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within thirty (30) days from the date of the Sheriffs Sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-4950 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD' S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionngoldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of CWD-6396. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain parcel or tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: On the South of Wayne Avenue; on the East by Lot No. 2 on the hereinafter mentioned Plan of Lots; on the North by land now or formerly of William Boyer; and on the West by Lot No. 4 on the hereinafter mentioned Plan of Lots and having a frontage of 70 feet on Wayne Avenue and extending at the same width and depth 160 feet. The above described tract of land is all of Lot No. 3 as shown on that certain Plan of Lots laid out by Albert McCoy and entered of record in the hereinafter named Recorder's Office in Plan Book 4, page 53, on which there is erected a brick semi-bungalow known as and numbered 1045 Wayne Avenue, Carlisle, Pennsylvania. Under and subject, nevertheless, to the restrictions set forth in a previous deed as recorded in the hereinafter mentioned Recorder's Office in Deed Book "O", Volume 20, Page 823. IMPROVEMENTS consist of a residential dwelling. BEING PREMISES: 1045 Wayne Avenue Carlisle, PA 17013 SOLD as the property of LAURIE A. SILVIS and MAX L. SILVIS III TAX PARCEL #29-18-1367-053 • WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-4950 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATE HOLDERS CWABS II, INC. LFT2005-04, Plaintiff (s) From LAURIE A. SILVIS AND MAX L. SILVIS III R (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION, (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $114,116.45 L.L. $.50 Interest FROM 911/06 THROUGH 1/31/07 - $2,634.66 Atty's Comm % Due Prothy $1.00 Atty Paid $130.40 Other Costs ADDITIONAL LATE CHARGES THROUGH 1/31/07 - $2,634.66 - ADDITIONAL ESCROW THROUGH 1/31/07 -- $1,213.75 -- INTEREST FROM 2/1/07 TO DATE OF SALE AT 6.1300% Plaintiff Paid Date: FEBRUARY 9, 2007 Cu 16s R. Long, not ry (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 56 On March 6, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 1045 Wayne Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2007 By: d 4olu Real Estate Sergeant 1;