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HomeMy WebLinkAbout06-5898PHELAN 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 (2151 563-7000 141734 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W 1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 v. Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM k No. f,Y~ - 5~9~ ~:u~ CUMBERLAND COUNTY KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN 3045 LISBURN ROAD MECHANICSBURG, PA 17055 Defendant 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 #: 141734 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 #: 141734 1. Plaintiff is DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W 1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE 505 CITY PARKWAY WEST SUITE 100 ORANGE, CA 92868 2. The name(s) and last known address(es) of the Defendant(s) are: KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN 3045 LISBURN ROAD MECHANICSBURG, PA 17055 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 02/22/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ARGENT MORTGAGE COMPANY, LLC which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1899, Page: 427. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01 /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 #: 141734 The following amounts are due on the mortgage: Principal Balance $485,032.74 Interest 18,413.32 05/01/2006 through 10/05/2006 (Per Diem $116.54) Attorney's Fees 1,250.00 Cumulative Late Charges 915.36 02/22/2005 to 10/05/2006 Cost of Suit and Title Search 550.00 Subtotal $ 506,161.42 Escrow Credit 0.00 Deficit 5,430.36 Subtotal 5 430.36 TOTAL $ 511,591.78 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 $ 511,591.78, together with interest from 10/05/2006 at the rate of $116.54 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, LLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 141734 LEGAL DESCRIPTION ALL THAT CERTAIN messuage and lot of ground situate in the Township of Lower Allen, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the centerline of Lisburn Road (L.R. 21014) at the intersection of the centerline of said Lisburn Road and the southern right-of--way line of the Pennsylvania Turnpike; thence in a generally eastwardly direction along the southern right-of--way line of the Pennsylvania Turnpike S64 degrees 44 minutes 45 seconds E, 1721.40 feet; thence continuing along the same in a generally eastwardly direction S58 degrees 37 minutes 55 seconds E, 111.97 feet to an iron pin at line of lands now or formerly of Preston Ward; thence along said last mentioned line of lands in a generally southward direction S11 degrees 14 minutes 09 seconds E, 568.19 feet to an iron pin on line of lands now or formerly of Ruth A. Royer; thence along said last mentioned line of lands of the following four courses and distances: (1) in a generally southwestwardly direction S58 degrees 04 minutes 03 seconds W, 683.68 feet to an iron pin; (2) in a generally north-westwardly direction N43 degrees 13 minutes 03 seconds W, 185.98 feet to a 36 inches oak tree; (3) in a generally northwardly direction N15 degrees 12 minutes 25 seconds W, 602.18 feet to an iron pin and (4) in a generally westwardly direction N60 degrees 00 minutes 46 seconds W, 499.43 feet to a stake at line of lands now or formerly of Glenn Murray; thence along said last mentioned line of lands and through an iron pin in a generally westwardly direction N72 degrees 20 minutes 56 seconds W, 582.50 feet to a point in the centerline of Lisburn Road (L.R. 21014); and thence along the centerline of said Lisburn Road in a generally northwardly direction N08 degrees 59 minutes 30 seconds E, 575.80 feet to a point at the intersection of the centerline of Lisburn Road with the southern right-of--way line of the Pennsylvania Turnpike, the place of Beginning. The within description is in accordance with a certain survey by D.P. Raffensperger Associates, Engineers and Surveyors, dated June 7, 1977, and bearing No. 333-56. CONTAINING 28.75 acres SAID PREMISES being the same premises which Geir Magnusson and Kathleen Magnusson, husband and wife, by their Deed dated December 16, 1999 and recorded in the Office for the Recording of Deeds in and for the County of Cumberland in Deed Book 213 Page 977, granted and conveyed unto Kathleen Magnusson, Grantor herein. PREMISES BEING 3045 LISBURN ROAD File #: 141734 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 Plaintiffand 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. ~/1~- FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: j U ~ (~ ~ ~ ~ `~ ~ ~-, ~, _:~ {- ~=~ r, ~ ~.,: ,--, ---i V~ ~ ~~,', i~~ -, (_~ \1 ~ 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF AFRIL 1, 2005, WITHOUT RECOURSE SOS CITY PARKWAY WEST, SUITE 100 ORANGE, CA 92868 Plaintiff, v. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5898 CIVIL KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiff s damages as follows: As set forth in Complaint Interest from 10/6/06 to 11/28/06 TOTAL $511,591.78 $6,293.16 $517,884.94 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: ~py, ~9~ a40~ PRO OTHY 141734 (Rule of Civil Procedure No. 236) -Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE 505 CITY PARKWAY WEST, SUITE 100 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5898 CIVIL Plaintiff, v. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ~~o~ ~4 200. By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.** PHELAN HALLINAN & SCHMIEG, 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 X215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, :COURT OF COMMON PLEAS AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE :CIVIL DIVISION LOAN, ASSET BACKED NOTES, SERIES 2005-W 1 UNDER THE POOLING AND SERVICING :CUMBERLAND COUNTY AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE : NO. 06-5895-CNIL Plaintiff Vs. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN F~ L E C Q P Y Defendants TO: KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN 3045 LISBURN ROAD MECHANICSBURG, PA 17055 DATE OF NOTICE: NOVEMBER 15, 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 ~~ S FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN &SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE 505 CITY PARKWAY WEST, SUITE 100 Plaintiff, v. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.06-5898 CIVIL 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 KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN is over 18 years of age and resides at , 3045 LISBURN ROAD, MECHANICSBURG, PA 17055 . This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ~ ~ ~ ~ 0 ~ ~ ~ ~ w ~ N~ C ra ~ ~ v. ~c~, ~ r ;; ~ ~ ~ ;J . e..:. ::~:~..., ..... ~-~ ~C ,- rn 1 ~ ~ ~ -~~G PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE Plaintiff, . v. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). No. 06-5898 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 11/28/06 to 3/7/07 (per diem -$85.13) $517,884.94 $8,427.87 and Costs TOTAL $526,312.81 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the- absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 141'734 +n -n 0 r x W w '~~, ~ ~ W A ~' n a H °~ ~Ho~~~'~w ~~ ~ a~' H~A~~~wo ~~ ~~~~$WQV H N~~d WH ~ 7' d H ~ ~~~ H'~ o~ z~~~~~.~~ oQ ~A~ °~ aH~ w OV ~ ~ w CW,7 A 'x~~, ~ r~ ~ ~W F,, W ~ ~ W ~ 'd H ~~ A4~pA ~~ r~ V ~~ w~ w~ O; w ~~ w~ a~ U a iw ~d a o~ v ~ U (~,~ n cV^"i O .~~ ~ a ~ . o ~ a ~ ~ ~t Q` M >- ~ ~,.- .. ... c~ iv z ~ u _~ ~ ~ /~ ti . f( ~~ ~_ ~ C ` V ~ ~ ! -- `I ~ ~~ ~ ~~ ~ 7 4 ~ ~ ~ 'a _r,L a .~ t~ ~" ~ ~ ~. ~ o-' ~ a c~ ~ `69. ~ ~ ~' '- ~! ~ ~` ~'° 0 o. a~ i -~~ ,~ ^~ 0 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5898 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE, Plaintiff (s) From KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN (1) You are duected 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 $517,884.94 L.L. $.50 Interest FROM 11/28/06 TO 3/7/07 (PER DIEM - $85.13) -- $8,427.87 AND COSTS Atty's Comm Atty Paid $121.44 Plaintiff Paid Due Prothy $1.00 Other Costs Date: NOVEMBER 29, 200b (Seal) 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 lr~t!i~~~ ~lifi7 .... . Curtis ~. Long, Prothon " By: Deputy 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 DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE Plaintiff, v. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-5898 CIVIL 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: Q an FHA mortgage () non-owner occupied () vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ~ e•~ ° ~ ~_ ,. ~,-. x ~ tom: . p ts'E r, n~; - ' .~ - ' .mss . r T N 'C3 4 t. .~~wy~,ss~ .wd+ r4 ~: + R w . ~.~„ ~ y ~ ,,~,,, DEUTSCHE BANK NATIONAL TRUST ~ COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W 1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE Plaintiff, v. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.06-5898 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (A~davit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY. AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN. ASSET-BACKED NOTES SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE, 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 ,3045 LISBURN ROAD, MECHANICSBURG. PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN 3045 LISBURN ROAD MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None w yi 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) KATHLEEN MAGNUSSON INTEGRITY BANK C/O OFFICES OF THOMAS GOULD, ESQ. 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 3345 MARKET STREET CAMP HILL, PA 17011 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 3045 LISBURN ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 28.2006 ~ (~,~ DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff O ~. :~ tr ~ ~~s~~ r f , '' ~ ~ ' ~ ~ - ~ t ~ *'' ~ j C . . ~+~ .. ' ~ ~.~ t*~ ~ '~ :. ~~ -' DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE Plaintiff, v. CUMBERLAND COUNTY No. 06-5898 CIVIL KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). November 28, 2006 TO: KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN 3045 LISBURN ROAD MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at , 3045 LISBURN ROAD, MECHANICSBURG, PA 17055. is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $517,884.94 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN. ASSET- BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE (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: X215) 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 X215) 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 messuage and lot of ground situate in the Township of Lower Allen, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the centerline of Lisburn Road (L.R. 21014) at the intersection of the centerline of said Lisburn Road and the southern right-of--way of the Pennsylvania Turnpike; thence in a generally eastwardly direction along the southern right-of--way line of the Pennsylvania Turnpike South 64 degrees 44 minutes 45 seconds East, a distance of 1721.40 feet; thence continuing along the same in a generally eastwardly direction South 58 degrees 37 minutes 55 seconds East, a distance of 111.97 feet to an iron pin at line of lands now or formerly of Preston Ward; thence along said last mentioned line of lands in a generally southwardly direction South 11 degrees 14 minutes 9 seconds East, a distance of 568.19 feet to an iron pin on line of lands now or formerly of Ruth A. Royer; thence along said last mentioned line of lands of the following four courses and distances: (1) in a generally southwestwardly direction South 58 degrees 4 minutes 3 seconds West, 683.68 feet to an iron pin; (2) in a generally northwestwardly direction North 43 degrees 13 minutes 3 seconds West, a distance of 185.58 feet to a 36" oak tree; (3} in a generally northwardly direction North 15 degrees l2 minutes 25 seconds West, a distance of 602.18 feet to an iron pin and (4) in a generally westwardly direction North 60 degrees 0 minutes 46 seconds West, a distance of 499.43 feet to a stake at line of lands now or formerly of Glenn Murray; thence along said last mentioned line of lands and through an iron pin in a generally westwardly direction North 72 degrees 20 minutes 56 seconds West, a distance of 582.50 feet to a point in the centerline of Lisburn Road (L.R. 21014); and thence along the centerline of said Lisburn Road in a generally northwardly direction North 8 degrees 59 minutes 30 seconds East, a distance of 575.80 feet to a point at the intersection of the centerline of Lisburn Road with the southern right-of--way line of the Pennsylvania Turnpike, the Place of BEGINNING. CONTAINING 28.75 acres The within description is in accordance with a certain survey by D.P. Raffensperger Associates, Engineers and Surveyors, dated June 7, 1977, and bearing No. 333.56. BEING the same premises which Geir Magnusson and Kathleen Magnusson, husband and wife, by their Deed December 16, 1999 and recorded December 27, 1999 and recorded Cumberland County, Pennsylvania Deed Book 213 Page 977, granted and conveyed unto Kathleen Magnusson, an adult individual, grantor herein. PARCEL IDENTIFICATION NO: 13-27-1879-021 CONTROL #: 13005032 PREMISES BEING: 3045 LISBURN ROAD, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kathy M. Yinger, by Deed from Kathleen Magnusson, dated 02/16/2005, recorded 03/04/2005, in Deed Book 267, page 4067. C ° Q ri 'l 7 j~ i ~' ~ ~ .. ''~ , 'rJ `I" "~'~ 6 ~ti- '' ~ ~~~ ~; t~ : ._. ,,. ~ ~ , N ~ ~_~~ ~ --K SHERIFF'S RETURN - REGULAR CASE NO: 2006-05898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DEUTSCHE BANK NATIONAL TRUST VS YINGER KATHY M AKA KATHY M ZIM DAVID MCKINNEY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon YINGER KATHY M A/K/A KATHY M ZIMMERMAN the DEFENDANT at 1859:00 HOURS, on the 25th day of October 2006 at 3045 LISBURN ROAD MECHANICSBURG, PA 17055 by handing to KATHY M YINGER a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 11 .4 4 -~1„i~e:Hx•~C ,,,~ Affidavit .00 ? Surcharge 10.00 R. Thomas Kline .00 39.44-~ 10/26/2006 PHELAN HALLINAN SCHMIEG ~,,.. / !/0 4 /p 4 Sworn and Subscibed to By: before me this day Deputy heriff of A.D. Deutsche Bank National Trust Company, as In the Court of Common Pleas of Indenture Trustee, in Trust for the Registered Cumberland County, Pennsylvania Holders of Argent Mortgage Loan, Asset-Backed Writ No. 2006-5898 Civii Term Notes, Series 2005-W 1 Under the Pooling and Servicing Agreement Dated as of April 1, 2005, Without recourse VS Kathy M. Yinger a/k/a Kathy M. Zimmerman Jessica Hermansen, Deputy Sheriff, who being duly sworn according to law, states that on January 10, 2007 at 1610 hours, she 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: Kathy M. Yinger a/k/a Kathy M. Zimmerman, by making known unto Kathy M. Yinger personally, at 3045 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1429 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 Kathy M. Yinger a/kla Kathy M. Zimmerman located at 3045 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kathy M. Yinger aJk/a Kathy M. Zimmerman, by regular mail to her last known address of 3045 Lisburn Rd., Mechanicsburg, PA 17055. This letter was mailed under the date of January 16, 2007 and never returned to the Sheriff s Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriff s Costs: Docketing Poundage Advertising Posting Handbills Levy Mileage Share of Bills Law Journal Patriot News Surcharge Prothonotary 30.00 6,376.52 15.00 15.00 15.00 22.88 16.83 433.00 572.78 20.00 1.50 $7,518.51 /a3-D~ '~~ 0~ So Answer ~" ~ra~~ R. Thomas Kline, Sheriff .1 BY Real Estat eputy $1'~~ 3a~ 58 ~~ DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W 1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE Plaintiff, v. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION N0.06-5898 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES. SERIES 2005-W1 UNDER THE. POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE, 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 ,3045 LISBURN ROAD, MECHANICSBURG, PA 17055 . 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) KATHY M. YINGER 3045 LISBURN ROAD A/K/A KATHY M. ZIMMERMAN MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None i~ 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) KATHLEEN MAGNUSSON INTEGRITY BANK C/O OFFICES OF THOMAS GOULD, ESQ. 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 3345 MARKET STREET CAMP HILL, PA 17011 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 3045 LISBURN ROAD MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. November 28, 2006 DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff ,. DEUTSCHE BANK NATIONAL TRUST • COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE Plaintiff, v. KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN Defendant(s). CUMBERLAND COUNTY No. 06-5898 CIVIL November 28, 2006 TO: KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN 3045 LISBURN ROAD MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED ADISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TD BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at s 3045 LISBURN ROAD, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriffs Sale on MARCH 7, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $517,884,94 obtained by DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET- BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE (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. ~r ~ 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 (2152563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN messuage and lot of ground situate in the Township of Lower Allen, Cumberland County, Pennsylvania bounded and described as follows, to wit: BEGINNING at a point in the centerline of Lisburn Road (L.R. 21014) at the intersection of the centerline of said Lisburn Road and the southern right-of--way of the Pennsylvania Turnpike; thence in a generally eastwardly direction along the southern right-of--way line of the Pennsylvania Turnpike South 64 degrees 44 minutes 45 seconds East, a distance of 1721.40 feet; thence continuing along the same in a generally eastwardly direction South 58 degrees 37 minutes 55 seconds East, a distance of 1 11.97 feet to an iron pin at line of lands now or formerly of Preston Ward; thence along said last mentioned line of lands in a generally southwardly direction South 11 degrees 14 minutes 9 seconds East, a distance of 568.19 feet to an iron pin on line of lands now or formerly of Ruth A. Royer; thence along said last mentioned line of lands of the following four courses and distances: (1) in a generally southwestwardly direction South 58 degrees 4 minutes 3 seconds West, 683.68 feet to an iron pin; (2} in a generally northwestwardly direction North 43 degrees 13 minutes 3 seconds West, a distance of 185.58 feet to a 36" oak tree; (3) in a generally northwardly direction North 15 degrees 12 minutes 25 seconds West, a distance of 602.18 feet to an iron pin and (4) in a generally westwardly direction North 60 degrees 0 minutes 46 seconds West, a distance of 499.43 feet to a stake at line of lands now or formerly of Glenn Murray; thence along said last mentioned line of lands and through an iron pin in a generally westwardly direction North 72 degrees 20 minutes 56 seconds West, a distance of 582.50 feet to a point in the centerline of Lisburn Road (L.R. 21014); and thence along the centerline of said Lisburn Road in a generally northwardly direction North 8 degrees 59 minutes 30 seconds East, a distance of 575.80 feet to a point at the intersection of the centerline of Lisburn Road with the southern right-of-way line of the Pennsylvania Turnpike, the Place of BEGINNING. CONTAINING 28.75 acres The within description is in accordance with a certain survey by D.P. Raffensperger Associates, Engineers and Surveyors, dated June 7, 1977, and bearing No. 333.56. BEING the same premises which Geir Magnusson and Kathleen Magnusson, husband and wife, by their Deed December 16, 1999 and recorded December 27, 1999 and recorded Cumberland County, Pennsylvania Deed Book 213 Page 977, granted and conveyed unto Kathleen Magnusson, an adult individual, grantor herein. PARCEL IDENTIFICATION NO: 13-27-1879-021 CONTROL #: 13005032 PREMISES BEING: 3045 LISBURN ROAD, MECHANICSBURG, PA 17055 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Kathy M. Yinger, by Deed from Kathleen Magnusson, dated 02/16!2005, recorded 03/04/2005, in Deed Book 267, page 4067. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-5898 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY, AS INDENTURE TRUSTEE, IN TRUST FOR THE REGISTERED HOLDERS OF ARGENT MORTGAGE LOAN, ASSET-BACKED NOTES, SERIES 2005-W1 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF APRIL 1, 2005, WITHOUT RECOURSE, Plaintiff (s) From KATHY M. YINGER A/K/A KATHY M. ZIMMERMAN (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 $517,884.94 L.L. $.50 Interest FROM 11/28/06 TO 3/7/07 (PER DIEM - $85.13) -- $8,427.87 AND COSTS Atty's Comm Atty Paid $121.44 Plaintiff Paid Date: NOVEMBER 29, 2006 (Seal) Due Prothy $1.00 Other Costs .-; ~~,f Curtis R. Long, Prothono By: 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 Deputy o~~°~~ Real Estate Sale # 60 On December 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as 3045 Lisburn Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: December 1, 2006 By: ~a - Real Es ate Ser eant g PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, and February 2, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL. ESTATE BALE PfO. 80 Writ No. 2006-5898 Civil Deutsche Bank National Trust Company, as Indenture Trustee, in Trust for the Registered Holders of Argent Mortgage Loan, Asset-Backed Notes, Series 2005- WI Under the Pooling and Servicing Agreement Dated as of April 1, 2005, without Recourse vs. ~~Y M• Yinger a/k/a Kathy M. Zimmerman Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN messuage and lot of ground situate in the Township of Lower Allen, Cumber_ land County. Pennsylvania bounded Lisa arie Coyne, itor SWORN TO AND SUBSCRIBED before me this 2 day of February, 2007 NOTARlAC SEAL " LOlS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 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 COPY SALE#60 Sworn to and sub ri ed efore me this 26th da COMMONWEALTHS rr Alntarial ~ CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ~~~~ ~ r1'1111i«~"•~1~ J '1 ~' ~~~', , aA~ KBD M. ~' ~ ~~ D ~~~ ~i'rd