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HomeMy WebLinkAbout06-4980PHELAN 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 139482 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ` / NO. ?. ?-YT`b ?f l: (Cj lc n CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #'. 139492 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 139482 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/21/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1881, Page: 2859. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2006 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 #: 139482 6. The following amounts are due on the mortgage: Principal Balance $88,746.97 Interest 3,145.12 03/01/2006 through 08/23/2006 (Per Diem $17.87) Attorney's Fees 1,250.00 Cumulative Late Charges 153.50 09/21/2004 to 08/23/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 93,845.59 Escrow Credit 0.00 Deficit 541.00 Subtotal 541.00 TOTAL $ 94,386.59 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 94,386.59, together with interest from 08/23/2006 at the rate of $17.87 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. PHEL ALLINAN & SCHMIEG?,, LP By: /s/Francis S. Hallinan L wRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File* 139482 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date herewith in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. File #: 139482 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. lt 1IV- DATE: FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ?a. y ? 1 N b W f -o m r lJ ?? , O r ai C c, 4 W PHELAN HALLINAN, & SCHMIEG, L.L.P. 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, PA 19103 (215) 563-7000 Bank of New York As Trustee For Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 Plaintiff VS. James S. Wrightson Ginger L. Walker Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980-Civil Term CUMBERLAND COUNTY SUGGESTION OF RECORD CHANGE RE: CORRECTION OF DEFENDANT'S NAME TO THE PROTHONOTARY: Daniel G. Schmieg, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the defendant's name was erroneously listed in the caption as: JAMES S. WRIGHTSONE Kindly change the information on the docket to read as follows: JAMES S. WRIGHTSTONE Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: September 5, 2006 s c a-- t v AF'F'IDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 DEFENDANT(S) JAMES S. WRIGHTS0,11VE GINGER L. WALKER SERVE; JAMES S. WRIGHTSONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 1",013 CUMBERLAND COUNTY LLD No. 06-4980 CIVIL TERM ACCT. #82576192 ?k3*-_ 31tA Type of Action - Notice of Sheriff's Sale Sate Date: MARCH 7, 2007 SERVED Server! and made known to Sc+?neS ?• tt'i?. +S' ? Defendant, on the day of ?i+? b e1', 2Q0(? at i-: , o'clock P m„ at /10-1 (IC M ma,n.l- 9d, _ Commonwealth of Pennsylvania, in the mintier described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship, Manager/Clerk of place of icdging in which Defendant(s) reside(s). Agent or person in charge of Defendent(s)'s offi;.e cr usual place of business. an officer of said Defendant(s)'s compatty. Other, Voscnpticrr Age height S'7 'l Weigt.t ? Race _1,&/ Sox ,z44 Other t., __. !? a b ei-iy a competent adult, being duly sworn according to law, depose and state that l personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey ")n the, PATRICJAj1p:HA IRIS 200_, a Comm ion Expires June 16-, W _ oved -- UOknoWn ___ No Answer NOT SERVED I" Attempt: l f Tune:- - - .? . 3rd Attempt: / Time: .? ?`1 Jrr to and subscribed befam mo this ,-_„_,,, day o`. ,20_ ` otwN. By: Attarnev fnr Plaintiff D&niel G_ Schutieg, Esquire - I,D, No, 62205 S',+ LZ 3EGd o'clock _.m., Defendant NOT FOUND because: Vacant zaa Attempt: / I T'imc: ,-3c, SKIA1 SS 6FJ7IkVi 09Z8LDLE09 SE:EZ 90OZ/9G/0L -r a y? ? V ?'?r SHERIFF'S RETURN - REGULAR CASE NO: 2006-04980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS WRIGHTSTONE JAMES S ET AL ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE WALKER GINGER L DEFENDANT was served upon the at 0020:40 HOURS, on the 15th day of September, 2006 at 1512 SPRING ROAD --- CARLISLE, PA 17013 GINGER WALKER a true and attested copy of NOTICE by handing to COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00,/ a 1, 9JvL ( . Ip Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 09/18/2006 PHELAN, HALLINAN & SCHMIEG B Deputy S eri f A.D. k; SHERIFF'S RETURN - REGULAR CASE NO: 2006-04980 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS WRIGHTSTONE JAMES S ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon WRIGHTSTONE JAMES S the DEFENDANT , at 0020:33 HOURS, on the 15th day of September, 2006 at CUMBERLAND CO PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 by handing to JAMES WRIGHTSTONE a true and attested copy of NOTICE COMPLAINT MORTGAGE FORECLOSURE 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 .00 32.40 09/18/2006 9/2.1 , PHELAN, HAL N SCHMIEG Sworn and Subscibed to B before me this day Deputy heriff 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 CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. JAMES S. WRIGHTSWW GINGER L. WALKER NO. 06-4980 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kind1v enter an in rem judgment in favor of the Plaintiff and against JAMES S. WRIGHTSONE and GINGER L. WALKER, 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 Plaintiffs damages as follows: As set forth in Complaint Interest from 8/24/06 to 10/19/06 TOTAL $94,386.59 $1,018.59 $95,405.18 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. SCHMI G, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ,??„g 2acL PRO OTHY (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 CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2004-10 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, NO. 06-4980 CIVIL TERM v. JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on .A3,5n 29 2oob . By: _ If you have any questions concerning this matter, please contact: M JJ Ag DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2004-10 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants NO. 064980 CIVIL TERM TO: GINGER L. WALKER 1512 SPRINGFIELD ROAD FILE COPY CARLISLE, PA 17013 DATE OF NOTICE: OCTOBER 6, 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP 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 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2004-10 : CIVIL DIVISION Plaintiff Vs. JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants CUMBERLAND COUNTY NO. 064980 CIVIL TERM TO: JAMES S. WRIGHTSTONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 FILE COPY DATE OF NOTICE: OCTOBER 6, 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 ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 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 CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2004-10 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, NO. 06-4980 CIVIL TERM V. JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JAMES S. WRIGHTSONE is over 18 years of age and resides at, CUMBERLAND COUNTY PRISON, 1101 CLAREMONT ROAD, CARLISLE, PA 17013. (c) that defendant GINGER L. WALKER is over 18 years of age, and resides at, 1512 SPRINGFIELD ROAD, CARLISLE, PA 17013. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff ?? ? p ? ?? ,? r? o ? c J ? ? ?' ? ? p ? ,? ? ,.?" ?. ? c C ? ?u ? ?,i "?' o? ? ?? ., PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). No. 06-4980 CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/19/06 to 3/7/07 (per diem -$15.68) $95,405.18 $2,179.52 and Costs TOTAL $97,584.70 DANIEL G. SCH 41EG, 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. p? ©? W d ?' Ssl ? d W? HU ? rA QVo pH ?p ? tj%- U ? pUd Oa P4 r V y r y V rh? y l ' v T {? O Ems'" U _ W 0 O I, y o ?+ w O c U a V M ' r r , ti V ti 1 I 13 q '-p UI M ) "l ?CA? M O C" d ra H U d O M ? a va o a o? o. q c a. r I w 0 U? tw 's .2:: ? Q C4 -f V WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4980 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 CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, Plaintiff (s) From JAMES S. WRIGHTSONE AND GINGER L. WALKER (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 $95,405.18 L.L. $.50 Interest FROM 10/19/06 TO 3/7/07 (PER DIEM - $15.68) -- $2,179.52 AND COSTS Atty's Comm % Arty Paid $130.40 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 29, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE &'az C is R. Long, notary By: Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980 CIVIL TERM 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 unworn falsification to authorities. DANIEL G. SCHMI G, ESQUIRE Attorney for Plaintiff C C a ? BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES. SERIES 2004-10, 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 ,334 GREASON ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES S. WRIGHTSONE - GINGER L. WALKER Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 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) CUMBERLAND COUNTY 1 COURTHOUSE SQ. ADULT PROBATION CARLISLE, PA 17013-3387 4. Name and address of last recorded holder of every mortgage of record: Name AMERICA'S WHOLESALE LENDER Last Known Address (if address cannot be reasonably ascertained, please indicate) 4500 PARK GRANADA CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Last Known Address (if address cannot be reasonably ascertained, please indicate) 334 GREASON ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. October 19, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?z , c Icil F IOU BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. CUMBERLAND COUNTY No. 06-4980 CIVIL TERM JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). October 19, 2006 TO: JAMES S. WRIGHTSOWE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 GINGER L. WALKER 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 334 GREASON ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s 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 $95,405.18 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. ti 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 Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 C? c 4 tiJ b S LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date herewith in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. VESTED BY: Special Warranty Deed, dated 9/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman, as joint tenants with the right of survivorship and not as tenants in common, and recorded 9/22/2004 in Book 265 Page 1749 Instrument 4 2004-038687. PREMISES BEING: 334 GREASON ROAD, CARLISLE, PA 17013 PARCEL # 46-20-1778-013 f 12/0112006 10:09 6097478250 FAMILAR SERVICES PAGE 05107 AFMAVIT OF SERVICE CUMBERLAND COUNTY PLAIPITII?F BALTIC OF NEW YORE; AS TRUIRME FOR PAW THE CER7'MCATEH0ILDM CWAIL% No. 06-4984 CIIVM TERM INC. AS SRT-BACIM CER'1MCATB3, SERM 2404•-10 PH&"3"0 DEFENDANT(S) JAMES & WRIGR'MS NE Type of Acdoat GINGER I.. WALI= - Nefte of Sbwffs We SERVE: GINGER L. WALK= We Date: MARCH 7, 2007 148 0A103Q..Y. ROAD CARLISLE, PA 17013 SERVED Sawed amd madt kcnowm to ; ''L5 tf' L • I ?•.?G key . Dehndwit on dx ___ LD h day of p C CC^ 6 e rg , 2001 p2 at •?? , o'cloek,e.my at Oct k h 11 ( 2 ? . Com'+o'wn"W& of Pennsylvania, km tine nosmw described below: dmg pasonally served. -----A&* tim4 mwber wit wb uM Dew=) resWs). Means and R &Wn#Wp is _„^Adnit io thaw of Dsfemdar?t(s)'s reside me wbo refused to give mm oat mW0onhip. I+da /Cb* of place of lodging im wldah Defendant(s) mWe(s). Agent or person in charge of D&W&*s)'s ofrm or usual pbm of badWs. an oiBocr of nid Defu deat(s)'s company. Oder: Desc *don: Age E 3S' Height. L' -W' Wtiglu L!-S- Race yI sox F oo= C, N((!Lu?,A 96 6 ej,/L s , a compdW adult, beft drily two m a wr( ing to law, dopose and atste dot I pasxom4lly handed a true and Cottact copy of the Notice of_SWWWI 9ule in the nammocr rA ad faxth herein, issued in On captioned CAN on dw date am8 at the address imdicatod above. Sworn to and By / J PIZASE ATTF.,Xy',l' SERVICE AT LEAST 3 77M L INDICATE DA WS & TAII,ES OF SERVICE N?-21' t u?+lic A7TEMP'fED. _ Ubtao" No Answer Stag cs idew Jersey PATc<ICiA E. HARRIS NOT9$RVED Commission Exp"es June 96, 2008 On the _ Moved day of .200_, at o'clock _..,.m., DeCeadaat NOT FOUND because: 1'" Attempts Time: : 3rd Attempt»_ ..? 'l ime:-„_ _ Sworn to and subscr*wd before me this day of 200 Notary: BY. Attornw for PhiartfdT Da tdd G. Sebmltsg, Esquire I.D. No. 62205 Vatcemt 2" Attempt: -// Time.. ,.-' ?' ? -n s ? ^ ,-? ". ?+ ? -n "?? ?; _ r)w.- t,, r.a.: day , ^ i? 1. ?5 "? ;., i ?. ? ? ? `-?'y - •a L.. •• ? ?; ? ,.._; 1 t 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 No.: 06-4980 CIVIL TERM CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 VS. JAMES S. WRIGHTSONE GINGER L. WALKER 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: 334 GREASON ROAD, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff February 2, 2007 W N r 00 "3 p ? r r W ? ? ? Y7 £? W ? R ?x 1WOW A u ? a ti ?otp9 gpQ$? W? p n P n o? E ; I ? W r A ti CA o O o $ fig' r ? r N ? W q R ?? C!? a D O y o ro O ? ? ? r W y ? ? o o r '? 9 w O a W (n ? s' 4C a 42? 801,0 CODE 1 gt 03' tED FRS ZiP R Y V1. f-k V 04 v } -?? -E 1 _ ? t .... ?; i -^ ry __ __ ? ' `- ..__ ;?7 PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 Attorney for Plaintiff 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term VS. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE Plaintiff, Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset-Backed Certificates, Series 2004-10, by, and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the June 13, 2007 Sheriff s sale of the property located at 334 Greason Road, Carlisle, PA 17013 and in support thereof avers as follows: An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 29, 2006. 2. Pursuant to a Writ of Execution issued on October 27, 2006 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on June 13, 2007. 3. However, on or about June 13, 2007, Plaintiff notified its counsel to rescind the Sheriff's sale due to possible loss mitigation, as the Plaintiff is trying to work with the Defendants to cure the underlying default on the Mortgage. 4. Defendants followed the proper procedures to prevent the sale of their property and should not be penalized. 5. As such, the Sheriff's sale held on June 13, 2007 was inadvertently conducted while there was pending agreement to cure the default on Defendants' mortgage loan. 6. No Judge has previously entered a ruling in this case. 7. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Set Aside Sheriff's Sale and Order to the Defendants on July 20, 2007 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and FedEx shipment reports are attached hereto, made part hereof, and marked as Exhibit A. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the June 13, 2007 Sheriff's sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: g y. /-,5 sep P. Schalk, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Attorney for Plaintiff Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE 1. FACTUAL BACKGROUND An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 29, 2006. Pursuant to a Writ of Execution issued on October 27, 2006 to enforce the aforementioned judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on June 13, 2007. However, on or about June 13, 2007, Plaintiff notified its counsel to rescind the Sheriff s sale due to possible loss mitigation, as the Plaintiff is trying to work with the Defendants to cure the underlying default on the Mortgage. Defendants followed the proper procedures to prevent the sale of their property and should not be penalized. As such, the Sheriffs sale held on June 13, 2007 was inadvertently conducted while there was pending agreement to cure the default on Defendants' mortgage loan. No Judge has previously entered a ruling in this case. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Set Aside Sheriff s Sale and Order to the Defendants on July 20, 2007 and requested the Defendants' concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and FedEx shipment reports are attached hereto, made part hereof, and marked as Exhibit A. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the June 13, 2007 Sheriff s sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: luj[a? By: seph . Schalk, Esquire ttorney for Plaintiff EXHIBIT A r? PHELAN HALLIICIAN SC HMIFG 107 N. Front Street Suite 115 Harrisburg, PA 17101 215-563-7000 Fax: 717-234-1549 Email: joseph.schalk@fedphe.com Joseph P. Schalk, Esquire VIA OVERNIGHT MAIL July 20, 2007 Representing Lenders in Pennsylvania & New Jersey James S. Wrightstone Ginger L. Walker Sheriff of Cumberland County 334 Greason Road 334 Greason Road Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 RE: Bank of New York, et al. v. James S. Wrightstone, et al. Cumberland County CCP, No. 06-4980-Civil Term Dear Parties, Please be advised that Plaintiff intends to file the enclosed Plaintiff s Motion to Set Aside Sheriffs Sale. Please advise if you concur or if you are opposed to Plaintiff filing the Motion within five (5) days of the date of this letter. If I do not receive a response from you within the five (5) days, I will file the enclosed Motion with the Prothonotary of Cumberland County. Very truly yours, 0 eph P. Schalk, Esquire H/jpd * Please be advised that this firm is a debt collector attempting to collect a debt. Any information received 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. Front-Office Integration iff- -1 User: Joseph Devlin 215-563-7000 Front-Office Integration Version Litigation 5.23.1 Desktop Shipment Status: Sender's Information: Cost Center: - Recipients's Information: Name: James S. wrightstone Company: - Addressl: 334 Greason Road City: Carlisle Package Information: Page 1 of 1 Reference: wrightstone 139482 Phone* 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 Service Type: FedEx Standard Overnight ShipDate: 7/20/2007 Payment: Sender Account - Number: Saturday Delivery: No HAL: No Residential Delivery: No Signature Service Type: NULL Weight: 1 Mail Center Instructions: none Delete Return ut Home Logo This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ® 1995-2006 Federal Express Corporation. http://fdxl /Package-Deleted-List. asp?PackageID=88720200795&TimeDateStamp=759&R... 7/27/2007 j Front-Office Integration FW rontj ??f;c anon Version 5.23.1 Desktop Shipment Status: User: Joseph Devlin 215-563-7000 Litigation Page I of I ?,Help Sender's Information: Cost Center: - Reference: Wrightstone 139482 Recipients's Information: Name: Ginger L. Walker Phone #: 215-563-7000 Company: - Sender Email: joseph.devlin@fedphe.com Addressl: 334 Greason Road Address2: - City: Carlisle State: PA Zip: 17013 Package Information: Service Type: FedEx Standard Overnight ShipDate: 7/20/2007 Account Payment: Sender Number: - Saturday Delivery: No HAL: No Residential Delivery: No Signature Service Type: NULL Weight: 1 Mail Center Instructions: none Delete Return ut Home Logo This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ®1995-2006 Federal Express Corporation. http://fdxl /Package-Deleted-List.asp?PackageID=88720200796&TimeDateStamp=837&R... 7/27/2007 Front-Office Integration Page 1 of 1 4 -J User: Joseph Devlin FW Front-office 215-563-7000 ?' 10 n, Version Litigation ?t?lt tt t? 5.23.1 Desktop Shipment Status: Sender's Information: Cost Center: - Recipients's Information: Sheriff of Cumberland Name: County Cumberland County Company: Courthouse Addressl: One Courthouse Square City: Carlisle Package Information: ?Help Reference: Wrightstone 139482 Phone#: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 Service Type: FedEx Standard Overnight ShipDate: 7/20/2007 Payment: Sender Account - Number: Saturday Delivery: No HAL: No Residential Delivery: No Signature Service Type: NULL Weight: 1 Mail Center Instructions: none Delete Return Home Logo ut This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ©1995-2006 Federal Express Corporation. http://fdx 1 /Package-Deleted-List.asp?PackageID=88720200798&TimeDateStamp=916&R... 7/27/2007 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff s Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: B VC_.. Y• seph . Schalk, Esquire ttorney y for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP BY: JOSEPH P. SCHALK, ESQUIRE Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants CERTIFICATION OF SERVICE Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term I hereby certify a true and correct copy of the Plaintiffs Motion to Set Aside Sheriff s Sale, Brief in Support thereof, Verification, and proposed Order were served by regular mail on all parties on the date listed below: James S. Wrightstone Ginger L. Walker Sheriff of Cumberland County 334 Greason Road 334 Greason Road Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 By: Y, -J Date eph . Sch lk, Esquire qstornP for Plaintiff ey Attorney for Plaintiff r. s ca C> 1 f +_. AUG 0 2 2007 a/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants ORDER AND NOW, this Z a day of f-4-,t w-' , 2007, upon consideration of Plaintiff's Motion to Set Aside Sheriff's Sale and Defendants' Response thereto, if any, it is hereby ORDERED and DECREED that Plaintiff's Motion is granted; and ORDERED and DECREED that the June 13, 2007 Sheriff s sale of the property at 334 Greason Road, Carlisle, PA 17013 is hereby set aside and the Sheriff is hereby directed to stay the Writ of Execution and return it to the Office of the Prothonotary. BY THE COURT: J. !N'VAIAISN,i4?d ,111 --l r Z? :6 WV C- OnV LOOZ MVIQW ICc d 3HI JO Distribution List Joseph P. Schalk, Esquire (Counsel for Plaintiff) 107 N. Front Street Suite 115 Harrisburg, PA 17101 215-563-7000 James S. Wrightstone 334 Greason Road Carlisle, PA 17013 Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Sheriff of Cumberland County One Courthouse Square Carlisle, PA 17013-3387 /0 7 PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term VS. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants RULE RETURNABLE AND NOW, this day of , 2007, a Rule is entered upon the Defendants, to show cause why an Order should be entered granting Plaintiff s Motion to Set Aside Sheriff's Sale. Rule Returnable on the day of , 2007, at m. in the Main Courtroom of the Cumberland County Courthouse, Carlisle, PA. BY THE COURT, J. Bank of New York as Trustee for the In the Court of Common Pleas of Certificate Holders of CWABS, Inc. Cumberland County, Pennsylvania Asset Backed Certificates, Series 2004-10 Writ No. 2006-4980 Civil Term VS James S. Wrightstone and Ginger L. Walker Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on December 13, 2006 at 2030 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: James S. Wrightsone, by making known unto James Wrightstone, personally, at The Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on December 26, 2006 at 1220 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Ginger L. Walker, by making known unto Gingler L. Walker, personally, at 219 Marion Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1324 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 James S. Wrightstone and Ginger L. Walker located at 334 Greason Road, Carlisle, 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: James S. Wrightstone and Ginger L. Walker, by regular mail to their last known addresses of The Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17013 and 219 Marion Ave., Carlisle, PA 17013, respectively. These letters were mailed under the date of January 16, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per order of court dated August 2, 2007. Sheriffs Sale on June 13, 2007 of property located at 334 Greason Road, Carlisle, PA 17013 is hereby set aside. Sheriff s Costs: Docketing 30.00 Poundage 17.81 Advertising 15.00 Posting Handbills 15.00 Auctioneer 10.00 Law Library .50 Prothonotary 1.00 Certified Mail 3.09 Mileage 14.08 Levy 15.00 Surcharge 30.00 Law Journal 377.00 Patriot News 363.05 Share of Bills 16.83 $908.36 ? C?., SI13 °? ?Iev X33 t?- R. Thomas Kline, Sheriff BY Real Estate ergeant BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2004-10 COURT OF COMMON PLEAS Defendant(s). CIVIL DIVISION NO. 06-4980 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) V. Plaintiff, JAMES S. WRIGHTSONE GINGER L. WALKER BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, 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 ,334 GREASON ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES S. WRIGHTSONE GINGER L. WALKER Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 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) CUMBERLAND COUNTY 1 COURTHOUSE SQ. ADULT PROBATION CARLISLE, PA 17013-3387 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) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 334 GREASON ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. October 19, 2006 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. WRIGHTSOft GINGER L. WALKER Defendant(s). CUMBERLAND COUNTY No. 06-4980 CIVIL TERM October 19, 2006 TO: JAMES S. WRIGHTSONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 GINGER L. WALKER 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 334 GREASON ROAD, CARLISLE, PA 17013, 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 $95,405.18 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date herewith in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. VESTED BY: Special Warranty Deed, dated 9/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman, as joint tenants with the right of survivorship and not as tenants in common, and recorded 9/22/2004 in Book 265 Page 1749 Instrument # 2004-038687. PREMISES BEING: 334 GREASON ROAD, CARLISLE, PA 17013 PARCEL # 46-20-1778-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 064980 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 CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, Plaintiff (s) From JAMES S. WRIGHTSONE AND GINGER L. WALKER (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 $95,405.18 L.L. $.50 Interest FROM 10/19/06 TO 3/7/07 (PER DIEM - $15.68) -- $2,179.52 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $130.40 Other Costs Plaintiff Paid Date: NOVEMBER 29, 2006 Curtis K. Long, Protho (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 68 On December 4, 2006 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA 0.0 Known and numbered as 334 Greason Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 4, 2006 By: jo d4SWAL Real E to Sergeant 1 :? J ! - 330 9901 ail.`, I . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 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 ................*ibore . ?............................... COPY Sworn to and s me this 26 th day of February 2007 A.D. S A L E #68 OMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public City Of Harrisbyyy?99, Dau?er County l* Commissiov(Expir9dJxfne 6, 2010 N CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 dke vftp q 3 U.. -Lmim- woo enAI??IYt1 ?' ? L in PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: 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. ,?Aisa Man-'e Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 P10 n rsE°'VI SEAL ,. YDEP, Wotary Public Cu.m.berilard Coursty r E r„res March 5, 2002, REAL ESTATE SALE NO. 68 Writ No. 2006-4980 Civil Bank of New York as Trustee for the Certificate Holders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 vs. James S. Wrightstone and Ginger L. Walker Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cum- berland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and re- corded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date here- with in the office of the Recorder of Deeds in and for Cumberland County, Permaylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. VESTED BY: Special Warranty Deed, dated 9/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman, as joint tenants with the right of survivorship and not as tenants in common, and recorded 9/22/2004 in Book 265 Page 1749 Instrument # 2004-038687. PREMISES BEING: 334 GREA- SON ROAD, CARLISLE, PA 17013. PARCEL # 46-20-1778-013. PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE I.D. NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400/0NE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 v JAMES S. WRIGHTSONE GINGER L. WALKER ATTORNEY FOR PLAINTIFF 139482 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980-CIVIL TERM SUGGESTION OF RECORD CHANGE RE: NAME CHANGE TO THE PROTHONOTARY: DANIEL G. SCHMIEG, ESQUIRE, attorney for the plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the defendant(s)' name was erroneously listed as: JAMES S. WRIGHTSONE The correct name for the defendant(s) is/are: JAMES WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE Kindly change the information on the docket to reflect this change. J?J4'_ ??\ DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff ?? ? ?.? C__ ? = 's'i - ?? ?.. Y„? `??? .,? ?? ?? ? r:? 4-? 3" G"1 CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, No. 06-4980 CIVIL TERM V. JAMES S. GINGER L. WALKER Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/20/06 TO 06/11/08 (per diem -$15.68) Add'1 Costs TOTAL $95,405.18 $9,423.68 and Costs $4,380.50 $109,209.36 9/1 c 0 L A 0 DANIEL G. SCHMIEG, ESQUII('E 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 Dlaintiff 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. 139482 ? ? 00 Vi d d { as '?VU d p'' A A W V rA w p W ? .? ..+ OW a+WaQ E"'? p v ?a Ilk7 aA V c G7? H o ' V VZ dx'A?a pp > 5 v?CW,7 0t f V?? v Cd ZHw ,.d, U 45 Ex-? ZxV p" w ' Z-+? dQ?H?•+ U . a? 40 u `' Q 7 ?0 r1 L4 4 Q a l WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4980 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 CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, Plaintiff (s) From JAMES S. WRIGHTSONE AND GINGER L. WALKER (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 $95,405.18 L.L. Interest FROM 10/20/06 TO 6/11/08 (PER DIEM-$15.68) - $9,423.68 AND COSTS Atty's Comm % Atty Paid $1,060.26 Plaintiff Paid Due Prothy $2.00 Other Costs Date: JANUARY 9, 2008 (Seal) REQUESTING PARTY: Curtis R. Long, P otary By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. GINGER L. WALKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980 CIVIL TERM 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. ?W\ V?__ 0 . DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff -r? ?t BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. WfflGHTSONE GINGER L. WALKER Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, 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 334 GREASON ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JAMES S. NIKHGHTSO 11(f GINGER L. WALKER Last Known Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY PRISON, 1101 CLAREMONT ROAD CARLISLE, PA 17013 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 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) CUMBERLAND COUNTY 1 COURTHOUSE SQ. ADULT PROBATION CARLISLE, PA 17013-3387 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) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 334 GREASON ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January 8, 2008 ta, J, DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff -'., t \ r-a ? ; ' G? 4 ? S I ? pyr W.?.. ?'i) _ ? ? ? { ? `'y ..,? ~ ? ?`' " ? ?? •.,: l? LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date herewith in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. VESTED BY: Special Warranty Deed, dated 9/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman, as joint tenants with the right of survivorship and not as tenants in common, and recorded 9/22/2004 in Book 265 Page 1749 Instrument # 2004-038687. PREMISES BEING: 334 GREASON ROAD, CARLISLE, PA 17013 PARCEL # 46-20-1778-013 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Chapter 13 GINGER L. WALKER Case No. 1-07-bk-00658-MDF Debtor(s) ORDER DISMISSING CASE It appearing from the Court docket that Debtor has failed to file the "Summary of Schedules" and the "Statistical Summary of Certain Liabilities and Related Data" required to be filed as part of Official Form 6, and further, Debtor having failed to respond to the Court's Order to Show Cause dated March 27, 2007 regarding the requirement to file, and the Court having determined that the case should be dismissed, it is hereby ORDERED that Debtor's case is DISMISSED. By file Court, 71?? B p Judge Date: April 24, 2007 This document is electronically signed and filed on the same date. I w BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. Wa.16-H TS -r06 J!r JAMES S. WRtONTSONE GINGER L. WALKER Defendant(s). WR. &m-r.r-rewC TO: JAMES S. CUMBERLAND COUNTY PRISON January 8, 2008 1101 CLAREMONT ROAD CARLISLE, PA 17013 CUMBERLAND COUNTY No. 06-4980 CIVIL TERM GINGER L. WALKER 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 334 GREASON ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,405.18 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS. INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. f V 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE r LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date herewith in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. VESTED BY: Special Warranty Deed, dated 9/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman, as joint tenants with the right of survivorship and not as tenants in common, and recorded 9/22/2004 in Book 265 Page 1749 Instrument # 2004-038687. PREMISES BEING: 334 GREASON ROAD, CARLISLE, PA 17013 PARCEL # 46-20-1778-013 C? ? r= ? FT Jy AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 DEFENDANT(S) JAMES S. WRIGHTSONE GINGER L. WALKER SERVE JAMES S. WRIGHTSONE AT CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 SERVED CUMBERLAND COUNTY No. 06-4980 CIVIL TERM ACCT. #139482 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to 1 y R 16415okE, Defendant, on the day of Z4_uM _, 2001 at 3"10 , o'clockp in., at (10 1 CL48g4wa 204D _CAiL-(yC F_ , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Heights Weight i 90 Race W Sex M Other 1, ?k-D /1-40 Ll, , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. S o to and e me thisu 0 200 CLZ? ota By: TEMPT SERVIIC T LEAST 3 TIMES. INDICATE DATES & TIMES SERVICE ATTEMPTED. Ncte:ry Public State c, :Jew Jersey NOT SERVED PATRICIA E. HAR.'CIS Cj???WAe 161200_, at o'clock _.m., Defendant NOT FOUND because: Moved __ Unknown No Answer 15t Attempt: Time: Vacant 2"d Attempt: / / Time: 3rd Attempt: 1 / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 200. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ,,,_,y . a t? ti '"i` .- y 4 ?~ y-; ,Y.? [ti) . , ?? ' `' ? s . ,? .. {_: ;; * -rWO(2) A-7-r-F-M PTS ? AFFIDAVIT OF SERVICE PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR t'IfE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 DEFENDANT(S) JAMES S. WRIGHTSONE GINGER L. WALKER CUMBERLAND COUNTY No. 06-4980 CIVIL TERM ACCT. #139482 Type of Action - Notice of Sheriffs Sale SERVE GINGER L. WALKER AT Sale Date: NNE 11, 2008 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 ?^ 11 SERVED Served and made known to G-1 AUW L YVk VEA _Defendant, on the oZg*tl day of TJ?NU&2y p I , 200SC, at °3-7 , o'clock p.m., at ? 334 E? N Ro4j> r 4f'-ws1_E , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age -26S Height 5 4? Weight I ?Q Race W Sex ?: Other MO L-L - , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. *S-4- ? NOT -Px 1ST IN l`R(dNIC (PAt 171j, j N VE57 L Fn6N D - Sw to and subscribeol e me thi `J 17 ? {'NT C G *6N TI-Y P£S 1 De_,S Q 334 G I N RM 0 00- ? a t - - By: I SEA T ICE AT LEAST 3 T MES. INDICATE DATES & TI ES OF SERVICE R1 -^,1 P?L!ic ATTEMPTED. State rig :dew Jersey RR P?ATRVA E. HARRIS NOT SERVED ?1ii"trf 'MAy of I16, 200_, at o'clock _,m,, Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2od Attempt: 1 i Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200-. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ,,.,,y ,._? _.? _ ,_?? . s ??-.?? ? vP ...... l . , ? _ ?',r - ?i'? _ '?'+,,;k + L;f ..?.% `' ?d SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 No.: 06-4980 CIVIL TERM CUMBERLAND COUNTY VS. JAMES S. WRIGHTSONE GINGER L. WALKER 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: 334 GREASON ROAD, CARLISLE, PA 17013. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. n DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? :?? ? `?' ? -s t ? = , _ r .. -- ?? ?. _ %? a?._ ._a. ?:?, .? ??_ f ' BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 064980 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS. INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, 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 ,334 GREASON ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES WRIGHTSTONE A/K/A CUMBERLAND COUNTY PRISON, 1101 JAMES S. WRIGHTSTONE A/K/A CLAREMONT ROAD JAMES SAMUEL WRIGHTSTONE A/K/A CARLISLE, PA 17013 JAMES S. WRIGHTSONE GINGER L. WALKER 1512 SPRINGFIELD ROAD CARLISLE, PA 1.7013 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) CUMBERLAND COUNTY 1 COURTHOUSE SQ. ADULT PROBATION CARLISLE, PA 17013-3387 CAPITAL ONE BANK JAMES C. WARMBRODT C/O CAPITAL ONE BANK 140 EAST SHORE DRIVE GLEN ALLEN, VA 23059 WELTMAN WEINBERG ET AL, 436 SEVENTH AVE. STE 2718 PITTSBURGH, PA 15219 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) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 334 GREASON ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. MM 5, 2008 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff \ 1 1?? \A 4 o.EP't ?, ? r i W x a " W ? vo ti A H CIA ?. o r a z a ?Jo W > O W ? ?O x m 3 Z y po a b y N Z a b C O H d u o _ - o N -? Q F G ? b N G ?'y x a W ? 0 0 c ? 3 ? -^ 8 8 x?ag y ??i43w? p3, ??N"'V N a? w } d V N N ([IIr-? a u $ a o ya a?? 0 wo 7 ? w C h .? 0 0 0 7 y ti u tJ m r? ? dA w?i Q` ?ra y4+x O m M V1 ? m `? T Q' fIrcjU^J?1 0.+ fi7 ?U 0 ? U (5 0. 187 O y O a a°. lid II dl'^111°1 v O T z? U F oU >G v 009 SAN NY Q a a o U a o W) ?r w 'D o 00 t i ?? zUw d ? a ? N o, O ° a b a? roD .v L zdo _ y ° r o v E c w Q F ? v s w ? 7 E A00 36Z L' 08A C1=1IWN ? 1? 2 r .., - - w A w .o a o s %{ fiJ4 :., li 1 ? Q C vo N T 5 Al"Ild SMMRUWA? 09 C nJaxy "LAY '°°'p d 1 . rv? '? Q' p, C O w0 ?= Y _ o E y? Jb 1sOd &3?d ? ? .? ? ? v 00 O a E'Sn ' 1 W R 0 °' o O .Ti o ? ? U Q o?o7a C a o o d H S a un Q a ? o U o w¢ N w z O o °voo Z .4 ? o ¢ ¢ z 60 > F" O U p U b . .a ? 0 C) U' .. a w A o? ° ?? a ? o z ? x co U On v O v?? a W Q O Q o °O abi a p. -d W off, F W ? o o a O a M ?Q 00 3 w ? Q ? d ? z o z ?? ?N 0 W o ¢ o 0t n 0 0 0 U ¢ O 00 x C7 Y3 4 U O ?y 3v a>i r. 00 a H 0 ? o0 O ° a o cn z ? W Ln z? O O W Ow e' ?? 08 a? Z d d °m ? v z •--? N M d' v1 b t- 00 a, O N ti M ?t ti r a y U _ W Y F i5; ? {` ' r7 ? an T7 , r Cr) PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff VS. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE Plaintiff, Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the July 9, 2008 Sheriff s sale of the property located at 334 Greason Road, Carlisle, PA 17013 and in support thereof avers as follows: 1. An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 29, 2006. 2. Pursuant to a Writ of Execution issued on January 8, 2008 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on July 9, 2008. 3. However, on or about July 9, 2008, Plaintiff notified its counsel to rescind the Sheriff s sale due to possible loss mitigation. 4. Defendants followed the proper procedures to prevent the sale of their property and should not be penalized. 5. Equity mandates that the sale be set aside to allow Defendants to work towards curing their default should they be determined eligible for loss mitigation options. 6. In compliance with Cumberland County Local Rules 208.3(a)(2), Plaintiff avers that the Honorable Kevin A. Hess entered an Order granting Plaintiffs first Motion to Set Aside Sheriff s Sale on August 2, 2007. 7. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Set Aside Sheriff's Sale to the Defendants on July 30, 2008 and requested their concurrence. To date, Plaintiff has received no response from the Defendants. True and correct copies of Plaintiff s July 30, 2008 letter and FedEx mailing receipts are attached hereto, made part hereof, and marked as Exhibit A. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the July 9, 2008 Sheriff s sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 3 B O $ By: - 14 _ J-'J VteSP. Schalk, Esquire o y for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff VS. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE 1. FACTUAL BACKGROUND An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 29, 2006. Pursuant to a Writ of Execution issued on January 8, 2008 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on July 9, 2008. However, on or about July 9, 2008, Plaintiff notified its counsel to rescind the Sheriff's sale due to possible loss mitigation. Defendants followed the proper procedures to prevent the sale of their property and should not be penalized. Equity mandates that the sale be set aside to allow Defendants to work towards curing their default should they be determined eligible for loss mitigation options. In compliance with Cumberland County Local Rules 208.3(a)(2), Plaintiff avers that the Honorable Kevin A. Hess entered an Order granting Plaintiff's first Motion to Set Aside Sheriff's Sale on August 2, 2007. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Set Aside Sheriffs Sale to the Defendants on July 30, 2008 and requested their concurrence. To date, Plaintiff has received no response from the Defendants. True and correct copies of Plaintiff s July 30, 2008 letter and FedEx mailing receipts are attached hereto, made part hereof, and marked as Exhibit A. II. LEGAL AUTHORITY A. Setting Aside a Sheriffs Sale Pennsylvania Rule of Civil Procedure 3132 provides the Court with the authority to set aside a Sheriffs sale upon petition of any party, prior to the delivery of the Deed, upon proper cause shown. Merrill Lynch Mortg. Capital vs. Steele, 2004 Pa.Super. 341, 859 A.2d 788 (2004). Bornman v. Gordon, 363 Pa. Super. 607, 611 (1987). In the instant case, the Sheriff has not yet delivered the Deed. In its attached motion, Plaintiff has demonstrated proper cause to set aside the Sheriff s sale. Accordingly, the Court has the authority to set aside the instant Sheriffs sale. Setting aside the Sheriffs sale will not harm any party. Rather, it will benefit all interested parties. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v. Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.P1 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. Moreover, it is also clear that the mortgaged property was property of the Defendants and subject to attachment and execution. Therefore, the Plaintiff is entitled to invoke Rule 3118 in support of its motion, and the court has jurisdiction over this matter. C. Equitable Principles This Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504,112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order setting aside its July 9, 2008 Sheriffs sale to allow Defendants the opportunity to cure the default on their mortgage loan. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the July 9, 2008 Sheriffs sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: g $ O8 By: L'i 7! 'w ftepfP. Schalk, Esquire orney for Plaintiff .. AWN EXHIBIT A 17 N F 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Fax: (717) 234-1549 Email: joseph.schalk@fedphe.com Joseph P. Schalk, Esquire Representing Lenders in Pennsylvania & New Jersey* VIA OVERNIGHT MAIL July 30, 2008 James S. Wrightstone Ginger L. Walker Sheriff of Cumberland County 334 Greason Road 334 Greason Road Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 RE: Bank of New York, et al. v. James S. Wrightstone, et al. Cumberland County CCP, No. 06-4980-Civil Term Dear Parties, Please be advised that Plaintiff intends to file the enclosed Motion to Set Aside Sheriff s Sale. Please advise if you concur or oppose the Motion within seven (7) days of the date of this letter. If I do not receive a response from you within the seven (7) days, I will file the enclosed Motion with the Prothonotary of Cumberland County. Very truly yours, s P. Schal ,Esquire *This firm is a debt collector attempting to collect a debt. Any information received 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 the property. Front-Office Integration FW? User: Joseph Devlin Front-Office ? 215-563-7000 i• I t Version Litigation st'I Lt r's i ?•tfi 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing Package ID: III III 1111111111111111111 *730200810-4116-208* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: James S. Wrightstone Company: - Address1: 334 Greason Road City: Carlisle Package Information: Service Type: FedEx Standard overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Page 1 of 1 ?*Heto. Phone: 215-563-7000 Department: - Reference: Wrightstone 139482 Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 ShipDate: 7/30/2008 Account Number: - Signature Service Type: NULL Repeat SF pTent I ..'New Shipment , Home Logo ut This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ©1995-2006 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType= 7/30/2008 Front-Office Integration Frontioffice nteg ion Vers sett rat 5.23i1n Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing EM - PackagelD: 11nill 1111 *730200811-4212-64* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: Ginger L. Walker Company: - Address1: 334 Greason Road City: Carlisle Package Information: Service Type: FedEx Standard overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Page 1 of 1 0:e, Phone: 215-563-7000 Department: - Reference: Wrightstone 139482 Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 ShipDate: 7/30/2008 Account Number: - Signature Service Type: NULL Repeat.Shiprpent New Shipment Home Logout This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. © 1995-2006 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=730200... 7/30/2008 Front-Office Integration Front-Ofd tjt 1"€t t?t lntegMtlon 5.23.1 Version Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: I III III 1111111111111111111 *730200812-4335-841* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Sheriff of Cumberland Name: County Cumberland County Company: Courthouse Addressl: One Courthouse Square City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Page 1 of 1 F4 tp. Phone: 215-563-7000 Department: - Reference: wrightstone 139482 Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 ShipDate: 7/30/2008 Account Number: - Signature Service Type: NULL Repeat Shipment New Shipment 1 Home. ; Logout This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. ©1995-2006 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=730200... 7/30/2008 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statement made herein is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date:8 0 By: _ L'd F- J?W J ep . Schalk, Esquire A orn y for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Motion to Set Aside Sheriff s Sale, Brief in Support thereof, proposed Order, Rule Returnable and Verification was served on the following parties by regular mail sent on the date indicated below: James S. Wrightstone Ginger L. Walker Sheriff of Cumberland County 334 Greason Road 334 Greason Road Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 Date: Floe By:V ?J P. Schalk, Esquire A torney for Plaintiff ?"? r t3 AUG 18 2008f+9' PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Attorney for Plaintiff Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Bank of New York as Trustee for the Court of Common Pleas Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 Civil Division 7105 Corporate Drive Plano, TX 75024 Cumberland County Plaintiff No. 06-4980-Civil Term vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defodants AND NOW, this l RULE RETURNABLE day of 19-1 a. ` , 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Set Aside Sheriff's Sale. -7-0 Ja.,J 64 r%r dcjV?K,. Rule Returnable day of , ^^?4, ?* ,,, r BY THE COURT: Y ?? J. 1?0 yt t I t?.,3^5, ? ^y < i ?llc` 14?ji } ^? ;g kv Zz 9111 BO 1Z K)-03119 l PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Services 2004-10 7105 Corporate Drive Plano, TX 75024 VS. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Attorney for Plaintiff Court of Common Pleas : Civil Division Cumberland County No. 06-4980-Civil Term CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the Rule to Show Cause was served by overnight mail on Defendants on the date listed below: James S. Wrightstone Ginger L. Walker Sheriff of Cumberland County 334 Greason Road 334 Greason Road One Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 Carlisle, PA 17013-3387 By: A- JDs -11 "La, L &4 ate J eph P. Schalk, Esquire Attorney for Plaintiff PHS # 139482 ' - e t T tss --? PHELAN HALLINAN AND SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980-Civil Term CUMBERLAND COUNTY MOTION TO MAKE RULE ABSOLUTE Plaintiff, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. Plaintiff's Motion to Set Aside Sheriff's Sale was filed with the Court on August 15, 2008. A true and correct copy of Plaintiff's Motion is attached hereto, made part hereof, and marked as Exhibit A. PHS # 139482 PHELAN, HALLINAN AND SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 North Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 Defendants Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980-Civil Term CUMBERLAND COUNTY CERTIFICATION OF SERVICE TO THE PROTHONOTARY: Sending a true and correct copy of the Motion to Make Rule Absolute and Brief in Support thereof by regular mail to the following on the date listed below made Service upon the Defendants: James S. Wrightsone Ginger L. Walker 334 Greason Road 334 Greason Road Carlisle, PA 17013 Carlisle, PA 17013 Date: j1)j141 db By: k P. 'A'L k A& J(Jseph P. Schalk, Esquire Attorney for Plaintiff PHS # 139482 A Rule was entered upon Defendants James S. Wrightstone and Ginger L. Walker on August 21, 2008 to show cause why the Motion to Set Aside Sheriff's Sale should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked as Exhibit B. 4. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and marked as Exhibit C. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 22, 2008 WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant the Motion to Set Aside Sheriff's Sale. Date: Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP - VA 10 Z6?a i By: k. /&& J eph P. Schalk, squire Attorney for Plaintiff PHS # 139482 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 Defendants COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980-Civil Term CUMBERLAND COUNTY BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE That it is the Plaintiff in this action. Plaintiff's Motion to Set Aside Sheriff's Sale was filed with the Court on August 15, 2008. A true and correct copy of Plaintiffs Motion is attached hereto, made part hereof, and marked as Exhibit A. A Rule was entered upon Defendants James S. Wrightstone and Ginger L. Walker on August 21, 2008 to show cause why the Motion to Set Aside Sheriff's Sale should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked as Exhibit B. The Rule to Show Cause was timely served upon all parties in accordance with the applicable rules of civil procedure. A true and correct copy of the Certification of Service of the rule is attached hereto, and made a part hereof, and PHS # 139482 marked as Exhibit C. Defendant failed to respond or otherwise plead by the Rule Returnable date of September 22, 2008 WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant the Motion to Set Aside Sheriff's Sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: 1411414 _ By: P efma& J seph P. Schalk, Esquire Attorney for Plaintiff PHS # 139482 EXHIBIT A PHELAN HALLMAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Attorney for Plaintiff C s 3 0m M rv .9- -t Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE Plaintiff, Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, respectfully requests that this Honorable Court enter an Order setting aside the July 9, 2008 Sheriff s sale of the property located at 334 Greason Road, Carlisle, PA 17013 and in support thereof avers as follows: An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 29, 2006. 2. Pursuant to a Writ of Execution issued on January 8, 2008 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on July 9, 2008. 3. However, on or about July 9, 2008, Plaintiff notified its counsel to rescind the Sheriff's sale due to possible loss mitigation. 4. Defendants followed the proper procedures to prevent the sale of their property and should not be penalized. Equity mandates that the sale be set aside to allow Defendants to work towards curing their default should they be determined eligible for loss mitigation options. 6. In compliance with Cumberland County Local Rules 208.3(a)(2), Plaintiff avers that the Honorable Kevin A. Hess entered an Order granting Plaintiff's first Motion to Set Aside Sheriff's Sale on August 2, 2007. 7. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Set Aside Sheriff's Sale to the Defendants on July 30, 2008 and requested their concurrence. To date, Plaintiff has received no response from the Defendants. True and correct copies of Plaintiff's July 30, 2008 letter and FedEx mailing receipts are attached hereto, made part hereof, and marked as Exhibit A. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the July 9, 2008 Sheriff s sale Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: S $ $ By: e P. Schalk, Esquire to ey for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO SET ASIDE SHERIFF'S SALE 1. FACTUAL BACKGROUND An in rem judgment was entered in favor of Plaintiff in the above-referenced mortgage foreclosure action on November 29, 2006. Pursuant to a Writ of Execution issued on January 8, 2008 to enforce the judgment, the mortgaged premises was sold to Plaintiff at the Cumberland County Sheriff's sale held on July 9, 2008. However, on or about July 9, 2008, Plaintiff notified its counsel to rescind the Sheriff's sale due to possible loss mitigation. Defendants followed the proper procedures to prevent the sale of their property and should not be penalized. Equity mandates that the sale be set aside to allow Defendants to work towards curing their default should they be determined eligible for loss mitigation options. In compliance with Cumberland County Local Rules 208.3(a)(2), Plaintiff avers that the Honorable Kevin A. Hess entered an Order granting Plaintiff's first Motion to Set Aside Sheriff s Sale on August 2, 2007. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Set Aside Sheriffs Sale to the Defendants on July 30, 2008 and requested their concurrence. To date, Plaintiff has received no response from the Defendants. True and correct copies of Plaintiffs July 30, 2008 letter and FedEx mailing receipts are attached hereto, made part hereof, and marked as Exhibit A. II. LEGAL AUTHORITY A. Setting Aside a Sheriffs Sale Pennsylvania Rule of Civil Procedure 3132 provides the Court with the authority to set aside a Sheriffs sale upon petition of any party, prior to the delivery of the Deed, upon proper cause shown. Merrill Lynch Mortg_Capital vs Steele, 2004 Pa-Super. 341, 859 A.2d 788 (2004). Bornman v. Gordon, 363 Pa. Super. 607, 611 (1987). In the instant case, the Sheriff has not yet delivered the Deed. In its attached motion, Plaintiff has demonstrated proper cause to set aside the Sheriffs sale. Accordingly, the Court has the authority to set aside the instant Sheriffs sale. Setting aside the Sheriffs sale will not harm any party. Rather, it will benefit all interested parties. B. Relief in Aid of Execution Pa.R.C.P. 3118 is designed to give the court "broad discretion to provide relief in aid of execution". National Recovery Systems v Pinto, 18 D. & C. 3d 684, 686 (Pa.Comp.Pl 1981). Specifically, the rule provides, inter alia: (a) On petition of the plaintiff, after notice and hearing, the court in which a judgment has been entered may, before or after the issuance of a writ of execution, enter an order against any party or person... (3) directing the defendant or any other party or person to take such action as the court may direct to preserve collateral security for property of the defendant levied upon or attached, or any security interest levied upon or attached; ... (6) granting such other relief as may be deemed necessary and appropriate. Pa.R.C.P.3118(a). The predicates for a petitioner to obtain supplementary relief in aid of execution of a judgment are (1) the existence of an underlying judgment; and (2) property of the debtor subject to execution. Kaplan v. I. Kaplan Inc., 422 Pa. Super. 215, 619 A.2d 322 (1993). In this case, there is no question that an underlying judgment was entered in favor of the Plaintiff and against the Defendants. Moreover, it is also clear that the mortgaged property was property of the Defendants and subject to attachment and execution. Therefore, the Plaintiff is entitled to invoke Rule 3118 in support of its motion, and the court has jurisdiction over this matter. C. Equitable Principles This Court has plenary power to administer equity according to well-settled principles of equity jurisprudence in cases under its jurisdiction. Cheval v. City of Philadelphia, 176 A. 779, 116 Pa. Super. 101 (1935). Moreover, it is well settled that Courts will lean to a liberal exercise of the equity power conferred upon them instead of encouraging technical niceties in the modes of procedure and forms of pleading. Gunnet v. Trout, 380 Pa. 504, 112 A.2d 333 (1955). This is certainly a case where the exercise of this Court's equity powers is appropriate and necessary. Plaintiff is requesting the entry of a court order setting aside its July 9, 2008 Sheriffs sale to allow Defendants the opportunity to cure the default on their mortgage loan. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order setting aside the July 9, 2008 Sheriff's sale. Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP Date: $ O8 By; - Ljo o ep P. Schalk, Esquire torney for Plaintiff EXHIBIT A Joseph P. Schalk, Esquire VIA OVERNIGHT MAIL July 30, 2008 James S. Wrightstone 334 Greason Road Carlisle, PA 17013 107 N. Front Street Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Fax: (717) 234-1549 Email: Joseph.schalk@fedphe.com Representing Lenders in Pennsylvania & New Jersey* Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Sheriff of Cumberland County Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 RE: Bank of New York, et al. v. James S. Wrightstone, et al. Cumberland County CCP, No. 06-4980-Civil Term Dear Parties, Please be advised that Plaintiff intends to file the enclosed Motion to Set Aside Sheriff's Sale. Please advise if you concur or oppose the Motion within seven (7) days of the date of this letter. If I do not receive a response from you within the seven (7) days, I will file the enclosed Motion with the Prothonotary of Cumberland County. iselp'- N Very truly yours, / {?? . Schalk, Esquire 1 *This firm is a debt collector attempting to collect a debt. Any information received 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 the property. a axvba asp w t ? rage t of i v k Front-office- User: Joseph Devlin { 215-563-7000 ?+?1 tt t Version Litigation - 5.23.1 Ht?t Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: *73020081 0-41 1 6-208* Sender's Information: Sender's Name: Joseph Devlin Phone: 215-563 -7000 Building/Location: Litigation Department: - Cost Center: - Reference: Wrightstone 139482 Recipient's Information: Name: James s. Wrightstone Phone #: 215-563-7000 Company: - Sender Email: joseph-deviin@fedphe.com Addressl: 334 Greason Road Address2: - City: Carlisle State: PA Zip: 17013 Package Information: Service Type: FedEx Standard overnight ShipDate: 7/30/2008 Payment: Sender Account Number.- - Sat. Del.: No HAL: No Residential Delivery.- No Signature Service Type: NULL Weight: 0 Mail Center Instructions: none Repeat Shipmeht'.? e r e? 'Home :F` ? Lo?joli't This site is protected by copyright and trademark laws under U.S. and international law. All rights reserved. © 1995-2006 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType= 7/30/2008 rdgc 1 ut 1 Ft ont -Of c F *' . f 9 , +ratton Version u;t R 5 23 1 Routing Slip - DOMESTIC SHIPMENT . - . - Route to Mailroom for processing Package ID: *73020081 1 -421 2-64* Sender's Information: Sender's Name: Joseph Devlin Phone: 215-563-7000 Building/Location:Litigation Department: - Cost Center: - Recipient's Information: Reference: wrightstone 139482 Name: Ginger L. Walker Company: - Phone #: 215-563-7000 Address1: 334 Greason Road Sender Email: joseph.devlin@fedphe.com Address2: - City: Carlisle State: PA Zip: 17013 Package Information: Service Type: FedEx Standard Overnight ShipDate: 7/30/2008 Payment: Sender Account Number: - Sat. Del.: No HAL.- No Residential Delivery: No Signature Service Type: NULL Weight: o Mail Center Instructions: none Repeat ??hlprnent ; tVewSf?pment; ., Home < Logo uC; This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. © 1995-2006 Federal Express Corporation. http://fdx I /Add-Shipment. asp?CustomerCode=&AddressBookType=&PackageID=730200... 7/30/2008 •--... ?. ....?.. aauvbauu vu Frori w ffi version ?T'F tt`E ti 5.23.1 Routing Slip - DOMESTIC SHIPMENT - Route to Mailroom for processing PackagelD: 111111111111111111111111111111111111 1 *730200812-4335-841* Sender's Information: Sender's Name: Joseph Devlin Building/Location: Litigation Cost Center: - Recipient's Information: Name: Sheriff of Cumberland County Company: Cumberland County Courthouse Addressl: One Courthouse Square City: Carlisle Package Information: Service Type: FedEx Standard Overnight Payment: Sender Sat. Del.: No HAL: No Residential Delivery: No Weight: 0 Mail Center Instructions: none Yage I of I Phone: 215-563-7000 Department: - Reference: wrightstone 139482 Phone #: 215-563-7000 Sender Email: joseph.devlin@fedphe.com Address2: - State: PA Zip: 17013 ShipDate: 7/30/2008 Account Number: - Signature Service Type: NULL Repeat Shipment: l New„ShiprYIERt ' Logo 'ut This site is protected by copyright and trademark laws under U.S. and International law. All rights reserved. © 1995-2006 Federal Express Corporation. http://fdx 1 /Add-Shipment.asp?CustomerCode=&AddressBookType=&PackageID=730200... 7/30/2008 VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for the Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Set Aside Sheriff's Sale are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statement made herein is subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: g L?Lo? By: _ "F/ Homy Schalk, Esquire r Plaintiff EXHIBIT B ?3qMa AUG 18 2008"Ov PHELAN HALLINAN &'SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Def4hdants AND NOW, this Z RULE RETURNABLE day of . 14-1 u. ` , 2008, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Set Aside Sheriff s Sale. Rule Returnable ^„ th day ?f tnno,,, .he ??a117 ?OL1rtrOn771 (1?t11P ?ttml+o°fini:c-a^oanc?` vva??'rn?..:?P.y ?arli4le pQ BY THE COURT: J. EXHIBIT C GO PHELAN HALLiNAN & SCHMIEG, LLP By: Joseph P. Schalk, Esquire Identification No. 91656 107 N. Front Street, Suite 115 Harrisburg, PA 17101 (215) 563-7000 x 7365 Bank of New York as Trustee for the Certificateholders, CWABS, Inc. Asset- Backed Certificates, Series 2004-10 7105 Corporate Drive Plano, TX 75024 Plaintiff vs. James S. Wrightstone Ginger L. Walker 334 Greason Road Carlisle, PA 17013 Defendants Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-4980-Civil Term ° ` C n :j p- - r7l i _ Cr - ^- 1 V h1 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Motion to Set Aside Sheriff s Sale, Brief in Support thereof, proposed Order, Rule Returnable and Verification was served on the following parties by regular mail sent on the date indicated below: James S. Wrightstone Ginger L. Walker Sheriff of Cumberland County 334 Greason Road 334 Greason Road Cumberland County Courthouse Carlisle, PA 17013 Carlisle, PA 17013 One Courthouse Square Carlisle, PA 17013-3387 Date: F A100 _ By: J ep P. Schalk, Esquire A torney for Plaintiff VERIFICATION Joseph P. Schalk, Esquire, hereby states that he is the attorney for Plaintiff in this action, that he is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statement made herein is subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. PHELAN HALLINAN & SCHMIEG, LLP 44 V Date: By: Schalk, E ep squire Attorney for Plaintiff PHS # 139482 N ?-) CIS ocr I s zoos e, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 CIVIL DIVISION 7105 CORPORATE DRIVE PLANO, TX 75024 NO. 06-4980-Civil Term Plaintiff V. JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 Defendants ORDER AND NOW, this L/ * day of orh A4- Plaintiff s Motion to Make Rule Absolute, it is hereby: CUMBERLAND COUNTY , 2008, upon consideration of ORDERED and DECREED that the Rule entered upon Defendant on August 21, 2008 shall be and is hereby made absolute and Plaintiff s Motion to Set Aside Sheriff s Sale in the above-captioned matter is hereby Granted. It is further ORDERED and DECREED that Defendant is precluded from presenting and documents in support at time of trial. B T COURT ? rz,-,,,4 1 J. PHS # 139482 c ;t? _ JU o? Jew/ s3,1OD fttvt 1 , j -N! 0 z :ai wv I z 130 ON PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.RC.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, No. 064980-CIVIL TERM V. JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $95,405.18 Interest from 10/20/2006 - 06/10/2009 $15,131.20 and Costs (per diem -$15.68 ) TOTAL $110,536.38 Note: Please attach description of property. PANML . SCHMiWj, ESQUIRE One Penif Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may nc?t be sold in the absence of a rMe msentative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the'event that a representative of the plaintiff is not present at the sale. ' .11 139482 ti d I W O x od a0 w ?? W?vd ti ? GW? HA `, W O VrA w v W '? v d o r 70 m 0 o? H o ?w a ?W Jdao V4 tq, 4 I W t? 6` t5 d a „ wa a d ? ? a 8 t aC Ut a. 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 CWABS, INC. CUMBERLAND COUNTY ASSET-BACKED CERTIFICATES, SERIES COURT OF COMMON PLEAS 2004-10 CIVIL DIVISION V. Plaintiff, NO. 06-4980-CIVIL TERM JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER 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.A. §4904 relating to unworn falsification to authorities. L G. SC G, ESQUIRE Attorney for Plaintiff CID BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, 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 ,334 GREASON ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES S. WRIGHTSTONE 334 GREASON ROAD A/K/A JAMES S. WRIGHTSTONE CARLISLE, PA 17013 A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 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) CUMBERLAND COUNTY ADULT PROBABTION 1 COURT HOUSE SQUARE CARLISLE, PA 17013-3323 V 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) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 334 GREASON ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unMk$LUZG-SChM1;eG, thorities. February 24, 2009 (1 A DATE ESQUIRE Attorney for Plaintiff ryl 4J ? f e..:> -.may .? n 4V 4 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 200410 Plaintiff, V. JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). TO: JAMES S. WRIGHTSTONE February 24, 2009 CUMBERLAND COUNTY No. 06-4980-CPAL TERM A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE 334 GREASON ROAD CARLISLE, PA 17013 GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAMSTPROPERTY. ** Your house (real estate) at, 334 GREASON ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,405.18 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N006-4980 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 CWABS, Inc. Asset-Backed Certificates, Series 2004-10 Plaintiff (s) From James S. Wrightstone a/k/a James S. Wrightstone a/k/a James Samuel Wrightstone a/k/a James S. Wrightsone Ginger L. Walker (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 $95,405.18 L.L. Interest from 10/20/2006 - 6/10/2009 (per diem - $15.68) $15,131.20 and Costs Atty's Comm % Atty Paid $2003.93 Plaintiff Paid Due Prothy $2.00 Other Costs Date: February 25, 2009 (Seal) C is R. Long, P notary By: Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215)563-7000 Supreme Court ID No. 62205 PLAINIM DEFENDANT(S) AFFIDAVIT;OF SERVICE BANK OF NEW YORK AS TRUSTEE F01i THE CXRTjmcATBHOLDFRS CWABS, M ASSET 5ACXM CLRTIIrICATB$, SERM 2004-10 JAMES S. WMGMMNE AMA JAMES S. WRIGHTSTONE A/KIA JAMES &4Af Y, WMGBTSTOM A/KJA JAMES S. WMGMIONE GINGER L. WALKER SERVE JAMES S. WRIGITIMNE A M%JAMES S. WRX NZ A/JVA JAM M SAMUEL WMGHTSTONE AIVA JAMES S. WRTGHTSONE AT: 334 GUMM ROAD PARLM" PA 17-013 CUMBMAND COUNTY / No. 06-498043M TOW ACCT. # i3U Type of Acdox ? ?? - Notles N sa>e of " eo??? Date: JUNE 10, ,t fk ` A to Ir See%.? .?T qr CI"4 le- /40,g .? SERVED Served and made lnm m 10 - cry Of $00j- at o'Clo& Z Mx, at__ 4-AAI'(?/P? ? S e --'7- Carn?oovveal? ofPeonsyivan* as the mom de mtod below: X rp=.aliy=,,,a. Ad* f ndlymasnber with whom Defm&uKs) reside(s? Name and Relatinsfp;. !!dolt in charge of Delbudaags)'a raddawe who whaed to give name or Maas8WCh& of place: of 3odgiing in whM Defendant(s) reside(s). ?atias sb p. Ager:t or person in charge of DefenduKs)'s office or toss! place of business. an officer of saidDefendugs)'s company. Odur .Deser>ptiM Age Height j` j Weight _Z& Race ji _ Sts O&M it -AL a competent WWt, ban duty sworn amr'Claw, depose and state *M I pMomdly beaded a t w and coned copy ofthe Nobw of NM=LM in the manner as set ft address indicated above. finth issued in the csptlasued case as the dale and at Sworn to and asbsm*W befte we "' ,af-x say Kenneth W. ker 18 Blob coo N Burl NJ E,, VICE 1 i's 23 PI.E AT LEAST 3 TVdM. CATS DATES & TIMES OF SIGRVICE ATTEMPTED. On the NOT SERVID --. at o'cwk --.m., Defendam NOT FOUND because: Moved NOTAR No Answer Vacant STATE' LW` 1" AWAi " ?1Z tad Attempt.-___j __!/ Time: ?ETM 3rd AUempt:_ / / Time' Swam to and x%&= W befote me this day of -200. Notary: By: AUMU row DANIEL G. KMMG, - la No. 62265 One Penn coma at Subm*m Statdon, swift 1400 1617 Jobe F. XMw dy Bodward Pbiladelpbia, PA 19103-1314 (215) 563-7000 Z7 c- ? U AFFIDAVIT OF SERVICE PLAT 41W BANK OF NEW YORK AS TRUSTEE FOR THE CERIMCATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 DEFENDANT(S) JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER SERVE GINGER L. WALKER AT: 334 GREASON ROAD CARLISLE. PA 17013 CUMBERLAND COUNTY No. 06-4980-CIVIL TERM ACCT. #139482 Type of Action - Notice of Sheriff's Sale Sale Date: JUNE 10, 2009 SERVED Served and made known to y`- L, Gym/ Defendant, on the day of , 4- 1 200, at Co'clock/? .m., at Commonwealth of Pennsylvania, in the manner described below: - ./ Defendant personally served. Adult family member with whom-Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk ofplace of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. Other: an officer of said Defendant(s) Is company. Description: Age.. _ Height AL?Z Weight / 9,9 Race ? _ Sex / ruu. A 11 i/ ri a competent adult, being ' duly sworn according to law, ??ng depose and state that I personally handed a true and correct copy of the Notice of Sheriff's ale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. /" Sworn to and subscribed before me this 24 'A day Kenneth W. Baker of _ ?? 200 19 Mabee Dr#V* Nota By; Burl) N On" 6+ 26-4231 ASE A PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES ATTEMPTED. OF SERVICE THEODORE J. HARRIS NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY kftgM MMISSION UP11M 10/252012 200_, at o'clock ; m., Defendant NOT FOUND be cause: Moved Unknown No Answer Vacant 1" Attempt:,__ Time: 2ad Attempt* / /Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for p ff of fore me this day DANIEL G. SC$11EG, Esquire - I.D. No. 62205 ' 200_' One Penn Center at Suburban Station, Suite 1400 Notary' By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ° 7 Z' are t } 0 C c ca ,a co cn Bank of lgew York as Trustee for the In the Court of Common Pleas of Certificateholders CWABS, Inc Cumberland County, Pennsylvania Asset-Backed Certificates, Series 2004-10 Writ No. 2006-4980 Civil Term Vs James S. Wrightstone a/k/a James S. Wrightstone And Ginger L. Walker Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on February 24, 2008 at 1150 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: James S. Wrightstone and Ginger L. Walker, by making known unto James Wrightstone personally, at 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2008 at 1940 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: James S. Wrightstone and Ginger L. Walker, by making known unto Ginger Walker personally, at 334 Greason Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 01, 2008 at 1420 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 James S. Wrightstone and Ginger L. Walker located at 334 Greason Road, Carlisle, 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: James S. Wrightstone by regular mail to his last known address of 1101 Claremont Road, Carlisle, PA 17013. This letter was mailed under the date of March 31, 2008 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 defendants, to wit: Ginger L. Walker by regular mail to her last known address of 334 Greason Road, Carlisle, PA 17013. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per Order of Court to make motion to set aside absolute. Sheriffs Costs: Docketing $30.00 Poundage 18.03 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed Auctioneer 10.00 Prothonotary 2.50 Mileage 18.24 Levy 15.00 Surcharge 30.00 Post Pone Sale 20.00 Law Journal 359.00 Patriot News 372.17 Share of Bills 14.73 'MVAIASNN1 d ?c .6 Wd 01 OWN 1?t3?i f?f . { d :Hi dO Distribu4ion of Proceeds Sheriff s Deed 00.00 00.00 // $ 919.67 ?OO 9 So Answers: R. Thomas Kline, Shenff BYOIJ Real Estate Coordinator # a• ao cw ? ? aaap? a t ` BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 200410 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION JAMES S. NO. 06-4980 CIVIL TERM GINGER L. WALKER Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, 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 ,334 GREASON ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Lc,WfL %&i4TS"TOtil1E JAMES S. WRfGHTSONE GINGER L. WALKER CUMBERLAND COUNTY PRISON, 1101 CLAREMONT ROAD CARLISLE, PA 17013 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 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) CUMBERLAND COUNTY 1 COURTHOUSE SQ. ADULT PROBATION CARLISLE, PA 17013-3387 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) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 334 GREASON ROAD CARLISLE, PA 17013 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. January T* J -', , DATE DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. VKHOfffSONE . GINGER L. WALKER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980 CIVIL TERM 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, ESQUIPE Attorney for Plaintiff BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. WRiffiFFSONE GINGER L. WALKER Defendant(s). CUMBERLAND COUNTY No. 06-4980 CIVIL TERM January 8, 2008 TO: JAMES S. WRfOfffSONE CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 GINGER L. WALKER 1512 SPRINGFIELD ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED 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, 334 GREASON ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 95$,405.18 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date herewith in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. VESTED BY: Special Warranty Deed, dated 9/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman, as joint tenants with the right of survivorship and not as tenants in common, and recorded 9/22/2004 in Book 265 Page 1749 Instrument # 2004-038687. PREMISES BEING: 334 GREASON ROAD, CARLISLE, PA 17013 PARCEL # 46-20-1778-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 064980 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 CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, Plaintiff (s) From JAMES S. WRIGHTSONE AND GINGER L. WALKER (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 $95,405.18 L.L. Interest FROM 10/20/06 TO 6/11/08 (PER DIEM-$15.68) - $9,423.68 AND COSTS Atty's Comm % Atty Paid $1,060.26 Plaintiff Paid Date: JANUARY 9, 2008 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Curtis W Long, Prothon By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 'Z Real Estate Sale # 24 On February 19, 2008 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 334 Greason Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. l Date: February 19, 2008 By:? Real Esta ergeant I Z :01 d l l Neff 8001 '4AA183HS 3N1iJOt3? JAO The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4t Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 ............ 01 ry COMMONWEAL i H OF PENNSYLVANIA Notarial Seal Chyhe L. Sheppard, Notary Public City Of Harrisrura, Dauphin County My Commissio!; Expires May 29, 2010 Member, Pennsylvania Association of Notaries Sworn to d s scribed before me this 27 day of May, 2008 A.D Nota Public PAW 40"D sob 04 writ Mn. ?li1M tlMitFl?rpa s?atc d 1?IItt?^3twlr aNS for a.a.1ftM1-'M1dM9 inc. A> OM,cr Cwtiftsbe, s.rM. /.??ive?->fo VS im" & ? ww G l"w L VAo ttsr ALL THAT CERTAIN no of land mate in the village of Greason, West Peumboro Township; Cumberland Casty. YeapsyCvaoia, bounded and described as foliarvs, to wit ON the East by Main Street, on the South by a 20 foot alley; on the West 4 a 20 foot afley; and on the North by lands now of formerly of Helm Woods: Comammg 40 W in foot on Main Street and attending 140 feet in depth to the alley io thteliett. HAVING thereon erected a 2 112 story frame dwelling bow town and nambered as 334 Greason Road. BEING the same premises Which D=q L. Tmne and Carol L. Turner; husband and wife, by Deed dated November 3.1%4 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and for Cumberland Coamty, Pennsylvania, in Deed Book 114, page 711, grained and conveyed wD Michael A Bkssing. AND BEING the same p wzes which Michael A. Bks* by Deed dated and recorded even date bnewid in tae office of the Recorder of Deeds in and_ for Cumberland {Testy, Peonsylvama, pled and conveyed umo James Wri*MW and . Ginger Va$a; Mortgagors herein. VESTED BY. Special Warranty Deed, dated 9J MAN, given by Michael A. Bkssing, married man to Ja>3es_ S: Wrighmme, d* arm and Cringer L. Walker, single woman, w j6 tt as with the figh A survivorship sad not as tenants in common, and recorded 9fa1rM in Book PREh1ES BEING: 334 GREASON ROAD, CARLISLE PA 17013 PARCEL # 46-2(-177&013 W)e patriot-News Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL JLC TOTAL DUE FOR THIS SALE: $ 372.17 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. 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: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r- ?a Marie Coyne??,Xditor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FAML swan MW ice. K Writ No. 2006-4980 Civil Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 vs. James S. Wrightstone a/k/a James S. Wrightson and Ginger L. Walker Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tsaet of lmd sitiuite in the vitl V oftlremon, VIM Pennsboro Township, Cumbal"d County, Pernnaylva nia, bo% a rind wed u follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded No- vember 9, 1994 in the Office of the Recorder of Deeds in and for Cumber- land County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date here- with in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. VESTED BY: Special Warranty Deed, dated 9/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman, as joint tenants with the right of survivorship and not as tenants in common, and recorded 9/22/2004 in Book 265 Page 1749 Inatnament # 2004-038687. PREMISES BEING: 334 GREA- SON ROAD, CARLISLE, PA 17013. PARCEL # 46-20-1778-013. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Civil Division Plaintiff CUMBERLAND County V. No. 06-4980-CIVIL TERM JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 28, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ 2. Judgment was entered on November 29, 2006 in the amount of $95,405.18. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 334 GREASON ROAD, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:07-00658 on March 7, 2007. The Bankruptcy was dismissed by order of court dated April 24, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 10, 2009. 6. 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 $88,746.97 Interest Through June 10, 2009 $27,334.41 Per Diem $19.45 Late Charges $110.30 Legal fees $2,675.00 Cost of Suit and Title $1,787.50 Sheriffs Sale Costs $2,356.76 Property Inspections/ Property Preservation $538.76 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $9,387.90 TOTAL $132,937.60 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff s foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 2, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff s letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE:Z l O j' By: Michele . Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Civil. Division Plaintiff V. CUMBERLAND County No. 06-4980-CIVIL TERM JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAMES S. WRIGHTSTONE and GINGER L. WALKER 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 334 GREASON ROAD, CARLISLE, PA 17013. 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 Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495,200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. 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. V. 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. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227' FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 139482 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 V. JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 ATTORNE'Y' FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL, DIVISION CUMBERLAND COUNTY TE RM // NO. OL Plaintiff Defendants CIVEL ACTION - LAW a COMPLAINT IN MORTGAGE FORECLOSURE NOTICE m O ru , p• Him .m -24 You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 809)990-9108 , tot File #: 139482 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ,ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 139482 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 09/21/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book: 1881, Page: 2859. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2006 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 #: 139482 6. The following amounts are due on the mortgage: Principal Balance $88,746.97 Interest 3,145.12 03/01/2006 through 08/23/2006 (Per Diem $17.87) Attorney's Fees 1,250.00 Cumulative Late Charges 153.50 09/21/2004 to 08/23/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 93,845.59 Escrow Credit 0.00 Deficit 541.00 Subtotal $ 541.00 TOTAL $ 94,386.59 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. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 94,386.59, together with interest from 08/23/2006 at the rate of $17.87 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. PHEL ALLINAN & SCHMIEG, LP By: /s/Francis S_ Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 139482 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. BEING the same premises which Danny L. Turner and Carol L. Turner, husband and wife, by Deed dated November 3, 1994 and recorded November 9, 1994 in the Office of the Recorder of Deeds in and For Cumberland County, Pennsylvania, in Deed Book 114, page 711, granted and conveyed unto Michael A. Blessing. AND BEING the same premises which Michael A. Blessing by Deed dated and recorded even date herewith in the office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, granted and conveyed unto James Wrightstone and Ginger Walker, Mortgagors herein. File #1: 139482 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Exhibit "B" PHELAN HALLINAN do 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) 5634000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, V. JAMES S. WRIGHTSONE' GINGER L. WALKER CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980 CIVIL TERM r Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES ? C C N TO THE PROTHONOTARY: J Kindly-enter an in rem judgment in favor of the Plaintiff and against JAMES S. WRIGHTMWE'4WGINGER L. WALKER. 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 8/24/06 to 10/19/06 TOTAL $94,386.59 $1,018.59 $95,405.18 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. Copy EA l ETUR DANIEL G. SC G, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:4XAQ-19 ' PRO PROTHY .a F Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: Chapter 13 GINGER L. WALKER Debtor(s) Case No. 1-07-bk-00658-MDF ORDER DISMISSING CASE It appearing from the Court docket that Debtor has failed to file the "Summary of Schedules" and the "Statistical Summary of Certain Liabilities and Related Data" required to be filed as part of Official Form 6, and further, Debtor having failed to respond to the Court's Order to Show Cause dated March 27, 2007 regarding the requirement to file, and the Court having determined that the case should be dismissed, it is hereby ORDERED that Debtor's case is DISMISSED. By the Cowt, Date: April 24, 2007 Ba i p Judge This document is electronically signed and filed on the same date. Case 1:07-bk-00658-MDF Doc 16 Filed 04/24/07 Entered 04/24/07 14:10:17 Desc Main Document Page 1 of 1 Exhibit "D" `1 711, ?Y! V 2??d Z a? a W o U cS zoo aYa U a0a 'b L C ? C7 ? O zeo r V C O G ' r ? N y ? ?TJ O Q ? F N C ' 7 V ? ? £ 0 16 4 3000 dIZ W08-4 (131 IM 60OZ ZO 6dV 0 WS LZOOOO °?; • aM3a $ Wl ZO q? o E ti 53!11109 h3Nlk1 Ammwmmm? C ? u]. c 0 0 Ar y? ?n u 3 R a y O xa vp E . U k W ?? v `v E w° ? •? E G U b O N V U O F2 U 04 z w= w 0 0 00;? ro Ev - o .Y W b G S L O O ? ° Vl M v 5 11 H ? ? sv'v ? G? v w 3 a O a o w ?S a z V b N T ? C a 0 w y e a a Q F M t/j r ? 3a Q ? a O W W z' G 4 a Z ?? U r z M M Q W Q T ? y ? 0 . 7 N M v 1 ?O l? 00 ON O N M ? 1!1 .? F a 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, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: 1111Z X;- By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants No. 06-4980-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAMES S. WRIGHTSTONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 Phelan Hallinan & Schmieg, LLP DATE: Z °f By: _ Michele M. Bradford, Esquire Attorney for Plaintiff FILED-6YRCE OF Tr#E ppz 7 -?; ; !NARY 2009 APR 13 AN 9: 38 C+ ?? I ice{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CUMBERLAND COUNTY CERTIFICATEHOLDERS CWABS, INC. ASSET- COURT OF COMMON PLEAS BACKED CERTIFICATES, SERIES 2004-10 Plaintiff CIVIL DIVISION V. NO. 06-4980-CIVIL TERM JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, the undersigned attorney, attorney for BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 herby verify as follows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". & SCHMIEG, LLP By: \ Lawrence T. Phelan, Es b . 0.32227 Fjancis S. Hallinan, Esq., Id. No. 62695 -,Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff p Date: 51 t M IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 139482 y z r ? 00 J O? V1 J. W N r-. 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C n? °O O x r r r b ?- 'F THE 2009 MA Y 12 PH 12: 9 0_ 1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Civil Division Plaintiff CUMBERLAND County V. No. 06-4980-CIVIL TERM JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants PLAINTIFF'S AMENDED MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 28, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A„ A- -.. 2. Judgment was entered on November 29, 2006 in the amount of $95,405.18. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriff s Sale of the mortgaged property at 334 GREASON ROAD, CARLISLE, PA 17013 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendants filed a Chapter 13 Bankruptcy at Docket Number 1:07-00658 on March 7, 2007. The Bankruptcy was dismissed by order of court dated April 24, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 10, 2009. 6. 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 $88,746.97 Interest Through June 10, 2009 $27,334.41 Per Diem $19.45 Late Charges $110.30 Legal fees $2,675.00 Cost of Suit and Title $1,787.50 Sheriffs Sale Costs $2,356.76 Property Inspections/ Property Preservation $538.76 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 ,y Suspense/Misc. Credits ($0.00) Escrow Deficit $9,387.90 TOTAL $132,937.60 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 2, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. In compliance with Cumberland County Local Rule 208.3(a)(2), Plaintiff avers that Judge Hess entered an Order dated October 21, 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P illan lul lin & AES P DATE: S 114111 By: ch radf re At tom for Plaintiff • 4%. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County : No. 06-4980-CIVIL TERM JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Amended Motion to Reassess Damage was sent to the following individuals on the date indicated below. JAMES S. WRIGHTSTONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 DATE: By: C P qe.rBirford, , adEs APlaintiff A FILED--i:'r-'-ICE 2009 MAY 15 Hi 12: ? 2 r luPr? Ot y ?. ? r APR 14 2008 "1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE Court of Common Pleas CERTIFICA EHOLDERS CWABS, INC. ASSET- BACKED C RTIFICATES, SERIES 2004-10 Civil Division Plaintiff CUMBERLAND County V. No. 06-4980-CIVIL TERM JAMES S. IGHTSTONE GINGER L. "WALKER Defendants RULE AND NOW, this 2 / day of rvay 2009, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 20 Rule Returnable *h at BY T COURT J. i' Q N ? /Michele M. Bi Phelan Hallim 1617 JFK Bou Philadelphia, I TEL: (215) 51 FAX: (215) 5 lford, Esquire & Schmieg, LLP vard, Suite 1400 k 19103 -7000 -3459 ? JAMES S. GHTSTONE GINGER L. WALKER 334 GREAS N ROAD CARLISLE, A 17013 ert cat LL 139482 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No. 06-4980-CIVIL TERM JAMES S. WRIGHTSTONE GINGER L. WALKER Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's May 21, 2009 Rule was sent to the following individual on the date indicated below. JAMES S. WRIGHTSTONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 Oki P elan Hallinan & S hmieg, LLP DATE: By; ffm Njv--?, is ele M. Bradfor , Esquire Attorney for Plaintiff R M- CE OF THE MTARY 2609 JUN -5 AM 10: 16 CLA&&LA'iC) uIJUNTY PENNSYtVANA In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4 Civil Term Bank of New York as Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 VS James S. Wrightstone a/k/a James S. Wrightstone, a/k/a James Samuel Wrightstone a/k/a James S. Writstone and Ginger L. Walker William Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 9, 2009 at 1719 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 James S. Wrightstone a/k/a James S. Wrightstone, a/k/a James Samuel Wrightstone a/k/a James S. Writstone and Ginger L. Walker, by making known unto James S. Wrightstone a/k/a James S. Wrightstone, a/k/a James Samuel Wrightstone a/k/a James S. Writstone and Ginger L. Walker, personally, at, 148 Oak Hill Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to them personally the said true and correct copy of the same Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1126 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 James S. Wrightstone a/k/a James S. Wrightstone, a/k/a James Samuel Wrightstone a/k/a James S. Writstone and Ginger L. Walker, located at 334 Greason Road, Carlisle, Cumberland County, Pennsylvania according to law. Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1126 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 James S. Wrightstone a/k/a James S. Wrightstone, a/k/a James Samuel Wrightstone a/k/a James S. Writstone and Ginger L. Walker, located at, 334 Greason Road, Carlisle, Cumberland County Pennsylvania, according to law. 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: James S. Wrightstone a/k/a James S. Wrightstone, a/k/a James Samuel Wrightstone a/k/a James S. Writstone and Ginger L. Walker, by regular mail to their last known address of, 334 Greason Road, Carlisle, PA 17013. This letter was mailed under the date of April 2, 2009 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 June 10, 2009 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 Mellon, F/K/A Bank of New York as Trustee for the Certificateholders of CWABS, Inc., Asset-Backed Certifciates, Series 2004-10, of, 7105 Corporate Drive, Plano TX 75024 being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 905.77 Sheriff's Costs: Docketing 30.00 Poundage 17.76 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Milage 10.80 Levy 15.00 Surcharge 30.00 Law Journal 355.00 Patriot News 267.28 Share of Bills 15.43 Distribution of Proceeds 25.00 Sheriff's Deed 49.50 Z 905.77 ?q?ib?a g 0 So Answers, rOOA "C R. Thomas Kline, Shenff \B Real Estate Coordinator Ajf- 14? U e,k- 94 /g" 7J'Y6 BANK OVNEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4980-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10, 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 ,334 GREASON ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JAMES S. WRIGHTSTONE 334 GREASON ROAD A/K/A JAMES S. WRIGHTSTONE CARLISLE, PA 17013 A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 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) CUMBERLAND COUNTY ADULT PROBABTION 1 COURT HOUSE SQUARE CARLISLE, PA 17013-3323 4. Name a'nd'address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA CALABASAS, CA 91302 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Last Known Address (if address cannot be reasonably ascertained, please indicate) 334 GREASON ROAD CARLISLE, PA 17013 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsw fic to authorities. February 24, 2009 DATE G. SC G, ESQUIRE Attorney for Plaintiff Y ? BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-10 Plaintiff, V. CUMBERLAND COUNTY No. 064980-CIVIL TERM JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE GINGER L. WALKER Defendant(s). TO: JAMES S. WRIGHTSTONE A/K/A JAMES S. WRIGHTSTONE A/K/A JAMES SAMUEL WRIGHTSTONE A/K/A JAMES S. WRIGHTSONE 334 GREASON ROAD CARLISLE, PA 17013 February 24, 2009 GINGER L. WALKER 334 GREASON ROAD CARLISLE, PA 17013 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFALIEN AGAINST PROPERTY." Your house (real estate) at, 334 GREASON ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $95,405.18 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS. INC. ASSET-BACKED CERTIFICATES, SERIES 2004-10 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. Vested by Special Warranty Deed, dated 09/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman as joint tenants with the right of survivorship and not as tenants in common and recorded 9/22/2004 in Book 265 Page 1749. PREMISES BEING: 334 GREASON ROAD, CARLISLE, PA 17013 PARCEL NO. 46-20-1778-013 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. Vested by Special Warranty Deed, dated 09/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Ginger L. Walker, single woman as joint tenants with the right of survivorship and not as tenants in common and recorded 9/22/2004 in Book 265 Page 1749. PREMISES BEING: 334 GREASON ROAD, CARLISLE, PA 17013 PARCEL NO. 46-20-1778-013 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N006-4980 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 Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 Plaintiff (s) From James S. Wrightstone a/k/a James S. Wrightstone a/k/a James Samuel Wrightstone a/k/a James S. Wrightsone Ginger L. Walker (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 $95,405.18 L.L. Interest from 10/20/2006 - 6/10/2009 (per diem - $15.68) $15,131.20 and Costs Atty's Comm % Atty Paid $2003.93 Plaintiff Paid Date: February 25, 2009 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Cu is R. Lon onota By: Deputy Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215)563-7000 Supreme Court ID No. 62205 Real Estate Sale # 55 On February 27, 2009 the Sheriff levied upon the defendant's interest in the real property situated in West Pennsboro Township, Cumberland County, PA Known and numbered as 334 Greason Road, Carlisle, More fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 27, 2009 By' ?J?Q-u?fl-1 ? ?-'??.P?-1?? ?i r? *iThe Patriot-News Co. 812 Market St.- Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE Ile Patr1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY Real some mob NO. so MIME No. 20064Mb CMI Tenn BaRk d Now York As Thwi sk for the Cartinastoihokisrs CW ADS, Inc. Asset4ack*d CwtMeates, Sod" 2004-10 VS James &Wt ore, a/we Jamss S. WH1s, slk/s James 90" W ne+ elk/ a James S. one end GIr4W llihtllek? Attorney DenNt G. SchmMg LEGAL DESCRIPTION ALL TIM CERTAIN Erect of hud situate in the villw of Greason, West Pennsboro Towns* Cumberland County, Peaosylvania, bounded and described as follows, to wit: ON the &A,by Blain Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lends now or fbnndiy of Helen woods. Como" 40 feet ilk Sant on Main Street ad t_ 190 he ie dgAh to the alley in the sea. This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 'l?/T/`'\.r.?. . . . . . . . . . Sworn to,cribed before me tlys",qf May, 2009 A.D. HAVBfp tliweoo eroctad tr 2 ll! I fame Notary Public dwdit how known sod ambued u 334 Road. 119/21/ Vested hl WXrW* :rA Z4, - seer eo lseou B. ? i1S with 6e right of suivivonbip and not 'as teneeta re ossatsde acrd acaa6d illAJaSOM m Book 265 Pop 1740. M9 1100 334 MIM" ROAD, CAi I NA !A 17013 MKIM NO. 46620- 177"13 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sham L Kisner, Notary Public C:Ity Of Harrisburg; Dauphin County My Communion E;? ; Nov. 26, 2011 Membef, Pennsylvania Association of Notaries PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. 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: May 1, May 8, and May 15, 2009 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. Lis Marie Coyne, )"tor SWO O AND SUBSCRIBED before me this 15 day of May. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO. 55 Writ No. 2006-4980 Civil Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 vs. James S. Wrigthstone a/k/a James S. Wrightstone a/k/a James Samuel Wrightstone a/k/a James S. Writsone and Ginger L. Walker Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the village of Greason, West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: ON the East by Main Street, on the South by a 20 foot alley; on the West by a 20 foot alley; and on the North by lands now or formerly of Helen Woods. Containing 40 feet in front on Main Street and extending 190 feet in depth to the alley in the rear. HAVING thereon erected a 2 1/2 story frame dwelling house known and numbered as 334 Greason Road. Vested by Special Warranty Deed, dated 09/21/2004, given by Michael A. Blessing, married man to James S. Wrightstone, single man and Gin- ger L. Walker, single woman as joint tenants with the right of survivorship ano not as tenants in common and recorded 9/22/2004 in Book 265 Page 1749. PREMISES BEING: 334 GREA- SON ROAD, CARLISLE, PA 17013. PARCEL NO. 46-20-1778-013. 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 Sheriff's Deed in which CWABS INC TR is the grantee the same having been sold to said grantee on the 10TH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 25TH day of FEB, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2004 Number 4980, at the suit of CWABS INC TR against JAMES S WRIGHSTONE AKA JAMES SAMUEL & GINGER L WALKER is duly recorded as Instrument Number 200923830. IN TESTIMONY WHEREOF, I have hereunto set my hand lei_ and seal of said office this day of A.D. Q( A ecorder of Deeds Rsce?C,u c m:da, cu"'Urw County. C l*, PA My Carn+aiaa W Ewan the Fk* Mw4gy d jWL 9910 4 ~~ ~ ~~~ ~~~4' ~ti~ ~~{~.~~~iJ ~J ~~~~~~ 14 JUN 10 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of New York as Trustee For the Certificate holders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 CIVIL DIVISION APRIL TERM 2009 Plaintiff NO. 06-4980 v. James S. Wrightstone Ginger L. Walker Defendants RULE AND NOW, this i S' day of ~~,,,~„ , 2010, a Rule is entered to show cause why the attached Plaintiff s Petition for Supplementary Relief in Aid of Execution Pursuant to PA.R.C.P. 3118 and for Correction of Defective Execution Pursuant to Rule 3135(b), should not be entered. _ Za da.Y ~,,,-~~~r lct ~~ ~.c., RULE RETURNABLE If no answers are filed to the Plaintiff s Petition, at the expiration of this Rule, Plaintiff may file a Motion to Make Rule Absolute. ~~~ ~~~ .~ ~.5~~~ ~'~ ~ ~U .~ . ~.~ G.. LJ~L ~/~s~~o By the Co •~I J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Bank of New York as Trustee For the Certificate holders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 Plaintiff v. James S. Wrightstone Ginger L. Walker Defendants CIVIL DIVISION APRIL TERM 2009 NO. 06-4980 ORDER AND NOW, this day of , 2010, upon consideration of Plaintiffs Motion for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 and for Correction of Defective Execution Pursuant to Rule 3135(b), and any response thereto, it is hereby ORDERED and DECREED that: 1. The June 10, 2009 Sheriff s sale of the property located at 334 Greason Road, City of Carlisle, Commonwealth of Pennsylvania, is confirmed; and 2. The interest of WCRSI, LLC in said property is hereby divested as though fully notified in accordance with Pa.R.C.P. 3129.2. J. 6~ ~~c~ ~ TF~ P~^~±~'~4TARY ~€~ S£P - i AM 11 ~ 25 ~~~~~i~ ~OUN1Y i~snv~ua AUG 2 7 2010 PHELAN HALLINAN & SCHMIEG, LLP By: JOSEPH P. SCHALK, ESQUIRE Atty. I.b. No. 91656 ATTORNEY FOR PLAINTIFF 126 Locust Street Hamsburg, PA 17101 (215) 563-7000 Bank of New York as Trustee For the COURT OF COMMON PLEAS Certificate holders CWABS, Inc. Asset-Backed Certificates, Series 2004-10 CIVIL DIVISION Plaintiff NO. 06-4980 v. Cumberland County, Pennsylvania James S. Wrightstone Ginger L. Walker . Defendants ORDER AND NOW, this J day of ~-rs~-., 2010, upon consideration of Plaintiffs Petition to Make Rule Absolute it is hereby ORDERED and DECREED that the Plaintiff's Motion for Supplementary Relief in Aid of Execution Pursuant to Rule 3118 and for Correction of Defective Execution Pursuant to Rule 3135(b), and Divest the interest of WCRSI, LLC, shall be and is hereby made absolute and Plaintiffs Petition is GRANTED. ~f . ~-~~. w~ ~~ J • [.grit r,~„~c~ G . t-c~~..ll ~sZ q~t/ to , ~~'rl /~