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HomeMy WebLinkAbout06-6288IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION, L.L.C. n Plaintiff NO. CX. --`.ZW C'tu1 Vs. MYLES E. COLE Defendant CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF EXEMPLIFIED JUDGMENT To the Prothonotary: Please enter the attached Exemplified record as a civil judgment. nrl )nt. Respectfully Sub ri'd, Dated: Amy F. Doyle #8 62 Daniel F. Wolfson #20617 Philip C. Warholic #86341 Andrew C. Spears #87737 David R. Galloway #87326 Tonilyn M. Chippie #87852 Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 Ronald M. Abramson #94266 Ronald S. Canter #94000 Bruce H. Cherkis #18837 WOLPOFF & ABRAMSON, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Rd., Suite 300 Camp Hill, PA 17011 (717) 303-6700 W&A File No. 116974670 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION, L.L.C. Plaintiff vs. MYLES E. COLE Defendant NO. UL. _... CIVIL ACTION - LAW PRAECIPE FOR JUDGMENT Please enter Judgment in favor of Plaintiff and against Defendant(s), MYLES E. COLE, pursuant to the attached Exemplified Judgment Record. ( X) Amount due $1,888.78 Less Post Judgment Credits - $0.00 TOTAL = $1,888.78, plus interest & court costs. ( X) I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ( X ) Pursuant to Pa.R.C.P. 237 (Notice of Praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ( X ) Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. DATE: 1-ril A Signature: Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 / Ronald S. Canter #94000 Bruce H. Cherkis #18837 /Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (717) 303-6700 ERED AS AFW VE. NOW, Qr-+ oZ 'I , 204 ?+ , JUDGMENT IS E 7,j Pr honotary/Cle k; CDivision By: Deputy PALISADE COLLECTION LLC 267 E. MARKET STREET C/O WOLPOFF & ABRAMSON YORK, PA 17403 vs. COLE, MYLES E. 118 VERBEKE STREET MARYSVILLE, PA 17053 :COMMONWEALTH OF PENNSYLVANIA :COUNTY OF PERRY File No. 2004-707 CERTIFICATION OF JUDGMENT Pursuant to applicable judgment acts*, I, the undersigned Prothonotary/Clerk of Courts of Perry County, State of Pennsylvania do hereby certify that the judgment in the above case was entered in favor of Plaintiff - Palisades Collection, LLC, 267 E. Market Street, c/o Wolpoff & Abramson, York, PA 17403. and against Myles E. Cole, 118 Verbeke Street, Marysville, PA 17053 on the 27th day of July, A.D. 2004, in said case in the amount of $1,888.78. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of the Court, on the 6nd day of June, A.D. 2006. Brenda J. Albright, Prothonotary/Clerk of Courts Y• Deputy *Uniform Enforcement of Foreign Judgments Act Pa.R.C.P. No. 3002(a) 42 Pa.C.S.A. § 4306 P-1 F-2 (Rev. 4/00) Date: 6/612006 41st Judicial District of PA, Perry County Branch Time: 09:$3 AM ROA Report Page 1 of 1 Case: CV-JP-2004-00707 Current Judge: UNASSIGNED PALISADES COLLECTION LLC vs. MYLES COLE JP Trans Date User: RUTH S Judge 7/27/2004 Judgment entered in the amount of : 1888.78+C+I Exit 236 notice to defendant. Filing:JP TRANS Old Fee Paid by: WOLPOFF Receipt number: 0014711 Dated: 07/27/2004 Amount: $14.00 (Check) 2/7/2006 Filing: Exemplified Record Paid by: PALISADES COLLECTION LLC (plaintiff) Receipt number: 0022549 Dated: 2/7/2006 Amount: $20.90 (Check) Request for Exemplified Record filed. Judgment to be transferred to Cumberland County. 03/02/06 - Exit exemplified record to atty, file. 5/23/2006 Filing: Exemplified Record Paid by: ANDREW SPEARS ESQ Receipt number: 0023756 Dated: 5/24/2006 Amount: $20.90 (Check) Request for Exemplified Record filed. Exit exemplified record to atty, file. UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED UNASSIGNED •RTIF D A TRUE COPY EPUTY PR TNO OTA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION, L.L.C. Plaintiff NO. dV 1. Lv t,l? vs. MYLES E. COLE Defendant CIVIL ACTION - LAW CERTIFICATE OF RESIDENCE PA. R.C.P. 236 I, hereby certify that the precise residence of Plaintiff is: PALISADES COLLECTION, L.L.C. 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632- And certify that the last known address of the within Defendant(s) is: MYLES E. COLE 118 VERBEKE STREET MARYSVILLE, PA 17053 Amy F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 / Ronald S. Canter #94000 Bruce H. Cherkis #18837 /Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 (717) 303-6700 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION, L.L.C. 6"A Plaintiff NO. Ots - vs. CIVIL ACTION - LAW MYLES E. COLE Defendant AFFIDAVIT OF FOREIGN JUDGMENTS Commonwealth of Pennsylvania ss. County of Cumberland AND NOW, TO WIT, this day of 00,?? , 2006, comes the undersigned who being duly sworn according to law, deposes and says that they are the Attorney for the Plaintiff in the above-captioned action; that the judgment is valid, enforceable and unsatisfied. Amy F. Doyle / Daniel F. Wolfson / Bruce H. Cherkis / Philip C. Warholic / Tonilyn M. Chippie/ Andrew C. Spears / Ronald M. Abramson / Ronald S. Canter/David R. Galloway Wolpoff & Abramson, LLP/Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 (717) 303-6700 SWORN and SUBSCRIBED to before me this 20 day of 20W. Qm`kl? Notary Public >r stSIIC County . 3, 2009 tv? :i3E., t"dC ..or . •.... ,, ,,,,,,ration of Notaries COMMONWEALTH OF PENNSYL MAP Notarial Seal Amanda Keiser, Notary Public Hampden Up., Cumberland County My Commission Expires Oct. 3, 2009 Member. Pennftftnia Aae cWon of plot nm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION, L.L.C. /?` Plaintiff NO. CLa -' Owl vs. MYLES E. COLE Defendant CIVIL ACTION - LAW AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND The undersigned counsel, being duly sworn according to law, depose and say that I am the Attorney for the Plaintiff in the above-captioned matter, and that to the best of my knowledge, information and belief Defendant, MYLES E. COLE, above named, is over 21 years of age; is last know to reside at 118 VERBEXE STREET, MARYSVILLE, 17053, PERRY COUNTY, PENNSYLVANIA; is not in the military 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 and its Amendments. Amy F. Doyle-J #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 / Ronald S. Canter #94000 Bruce H. Cherkis #18837 / Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (717) 303-6700 SWORN and SUBSCRIBED to before me this 20 day of Od . , 2006. OMMIda kwzm Notary Public C MM'" w r LTH OF---EN-?-?YA t4Ota W Seal PubNc Ham;xien ArmuWa p Cu N minty Canmisslon Expires Oct. 3.2009 Men Mer, Penn"ivania Anodation of Notaries !" ?? ,? m c ?_ :_ .--? i r ? ? 4_?. ?? .? ? .4 ___?-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION, L.L.C. Plaintiff vs. MYLES E. COLE Defendant NO. ©C. -- CIVIL ACTION - LAW NOTICE OF JUDGMENT eL.L;Lr-'?.... (x) Notice is hereby given that a JUDGMENT in the above-captioned matter has been entered against you in the amount of $1,888.78, plus interest, on OC. ' Al , 200(m. (x) A copy of all documents filed with the Prothonotary in support of the within judgment is/are attached. Prot onotaryDivi n By: If you have any questions regarding this Notice, please contact the filing party. Amy F. Doyle -WR7062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / Andrew C. Spears #87737 David R. Galloway #87326 / Tonilyn M. Chippie #87852 Ronald M. Abramson #94266 / Ronald S. Canter #94000 Bruce H. Cherkis #18837 /Sarah E. Ehasz #86469 / Robert N. Polas, Jr. #201259 Wolpoff & Abramson, L.L.P. / Counsel for Plaintiff Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (717) 303-6700 (This Notice is given in accordance with Pa.R.C.P. 236.) NOTICE SENT TO: MYLES E. COLE 118 VERBEKE STREET MARYSVILLE, PA 17053 1129 PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) s•r' + P.R. .P. 3101 to 3149 PALISADES COLLECTION LLC ASSIGNEE OF PROVIDIAN NATIONAL BANK 210 SYLVAN AVENUE ENGLEWOOD CLIFFS, NJ 07632 Plaintiff VS. MYLES COLE 118 VERBEKE ST MARYSVILLE PA 17053-1323 Defendant (s) To the Prothonotary: PLEASE I (1) Directed to the Sheriff (2) against, MYLES COLE 118 VERBEKE ST MARYSVILLE PA . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JUDGMENT NO. ((p- &041F eWA,1'%Afk PRAECIPE FOR WRIT OF EXECUTION (MONEY JUDGMENT) WRIT OF EXECUTION IN THE ABOVE MATTER. MBERLAND COUNTY, Pennsylvania; f 7053-1323 Defendant(s); (3) and against, COMMERCE BANK 100 SENATE AV CAMP HILL PA 17011-2309 Garnishee(s); (4) and index this writ (a) against, MYLES COLii Defendant(s) and (b) against, COMMERCE BAN Garnishee(s), as a lis pendens against the rea property of the Defendant(s) in the name of the Garnishee(s) as follows: . (Specifically describe property) *** GARNISH ONLY *** You are directed to attach the prroperty of the Defendant(s) not levied upon in the possession of COMMERCE BANK 100 SENATE AVE CAMP HILL PA 1 011-2309 Garnishee(s) All accounts including but no limited to all savings, checking and other accounts, certificates of deposit, note eceivables, collateral, pledges, documents of title, securities, coupons an afe deposit boxes. 1888.78 Amount due $ Interest from 05/14/2004 To Be Determined At an interest rate of 6% perly ar Total 1888.78 Plus costs & interest Dated: Amy F. D yl #87062 / Daniel F. Wolfson #20617 Philip C.' W rholic #86341 / David R. Galloway #87326 Tonilyn hippie #87852 / Robert N. Polas, Jr. #201259 Sarah E. Eh sz #86469 / Bruce H. Cherkis #18837 Ronald S.. C nter #94000 / Ronald M. Abramson #94266 WOLPOFF & RAMSON, L.L.P. / Counsel for Plaintiff Attorneys i the Practice of Debt Collection 4660 Trindle Road, Suite 300, Camp Hill, PA 17011 / (800) 830-2793 ATT11PAWRTT W&A FILE NO. 1 6974670 OJ ^?J °L . l ? 49. j? \J 1 V h.. cz? Q A 6rj 14 J T -a Fn+? c.n WRIT OF IXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLV. COUNTY OF CUMBERLAND) TO THE SHERIFF OF CUMBERL? To satisfy the debt, interest and k PROVIDIAN NATIONAL BANKb From MYLES COLE, 118 VE (1) You are directed to levy upon t (2) You are also directed to attach of COMMERCE BANK, 100 SE? INCLUDING BUT NOT CERTIFICATES OF DEPOSIT, DOCUMENTS OF TITLE, GARNISHEE(S) as follows: and to notify the garnishee(s) that: I paying any debt to or for the accow (s) or otherwise disposing thereof; (3) If property of the defendant(s) of anyone other than a named garni garnishee and is enjoined as above; Amount Due $1888.78 Interest FROM 5/14104 AT AN Atty's Comm % Atty Paid $61.00 Plaintiff Paid Date: JUNE 21, 2007 (Seal) NO 06-6288 Civil CIVIL ACTION - LAW COUNTY: due PALISADES COLLECTION LLC ASSIGNEE OF tiff (s) ST., MAYSVILLE, PA 17053 1323 ierty of the defendant (s)and to sell . iperty of the defendant(s) not levied upon in the possession AVE., CAMP HILL, PA 17011-2309 - ALL ACCOUNTS ALL SAVINGS, CHECKING AND OTHER ACCOUNTS, S RECEIVABLES, COLLATERAL, PLEDGES, :S, COUPONS AND SAFE DEPOSIT BOXES. 7 attachment has been issued; (b) the garnishee(s) is enjoined from the defendant (s) and from delivering any property of the defendant ;vied upon an subject to attachment is found in the possession you are directed to notify him/her that he/she has been added as a L.L. $.50 RATE OF 6% PER YEAR Due Prothy $2.00 Other Costs C is R. Long, o ary By: Deputy REQUESTING PARTY: Name AMY F. DOYLE, ESQUII Address: 4660 TRINDLE ROAD SUITE 300 CAMP HILL, PA 17011 Attorney for: PLAINTIFF Telephone: 800.830-2793 i Supreme Court ID No. 87062 TME c- - 14a WN E 4CIF ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 11 t PALISADES COLLECTION LLC, ASSIGNEE OF•PROVIDIAN NATIONAL BANK Plaintiff No. 06-6288 CIVIL TERM VS MYLES COLE CIVIL ACTION - LAW Defendant(s) INTERROGATORIES TO GARNISHEE IN AID OF EXECUTION TO: COMMERCE BANK 100 SENATE AVE CAMP HILL PA 17011-2309 PURSUANT TO RULE 3253 OF THE RULES OF CIVIL PROCEDURE, THE FOLLOWING INTERROGATORIES HAVE BEEN SERVED UPON YOUR INSTITUTION. GARNISHEE IS HEREBY REQUIRED TO ANSWER EACH OF THE FOLLOWING INTERROGATORIES SEPARATELY AND FULLY. PLEASE COMPLETE THE FOLLOWING INTERROGATORIES TO ASSIST THE CREDITOR'S EFFORTS TO SATISFY THE LAWFUL OBLIGATION OF THE ABOVE REFERENCED DEBTOR(S). IMPORTANT NOTICES AND INSTRUCTIONS TO GARNISHEE A. You are required to file answers to the following interrogatories within twenty (20) days after service upon you. Failure to do so may result in judgment against you. B. The term "Defendant(s)" means the individual(s) or entity against whom the Writ of Execution was issued. C. "You" means the main office and all branch offices, representatives, employees, and agents of your organization. D. By service of the Writ of Execution upon you, all property of the Defendant(s) subject to attachment which is in your possession, custody or control is attached, including all property of the Defendant(s) which comes into your possession thereafter. E. These Interrogatories are considered to be continuing and therefore should be modified or supplemented as you receive further or additional information. F. Where exact information cannot be furnished, estimated information is to be supplied. When an estimate is to be used, it should be identified as such, and an explanation should be given as to the basis on which the estimate is made, and the reason the exact information cannot be furnished. G. Where knowledge or information in possession of a party is requested, such request includes knowledge of the party's agents, representatives, and attorneys. W&A File No. 116974670 PLAINTIFF'S INTERROGATORIES TO GARNISHEE DEFENDANT(S) - MYLES COLE 1. DEPOSITORY ACCOUNTS: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any checking, savings, lines of credit, certificate of deposit's or other depository accounts with your institution. If so, state the identification numbers of those accounts, and the amount or amounts the Defendant(s) has in each account. If the Defendant(s) maintains any of these jointly with any other person, or persons, give their name and address. No IA. DIRECT DEPOSIT ACCOUNTS: Are any of the accounts you have listed above direct deposit accounts? If yes, please state the identification numbers of those accounts. No 2. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which funds are deposited electronically on a recurring basis and which are identified as being funds that upon deposit are exempt from execution, levy or attachment under Pennsylvania or federal law? If so, identify each account and state the reason for the exemption, the amount being withheld under each exemption and the entity electronically depositing those funds on a recurring basis. No 3. If you are a bank or other financial institution, at the time you were served or at any subsequent time did the defendant have funds on deposit in an account in which the funds on deposit, not including any otherwise exempt funds, did not exceed the amount of the general monetary exemption under 42 Pa.C.S. 8123? If so, identify each account. No 4. TRANSFER OF PROPERTY: At any time after you were served did you pay, transfer or deliver any money or property to the defendant or to any person or place pursuant to the defendant's direction or otherwise discharge any claim of the defendant against you? No 5. SAFE DEPOSIT BOXES: At the time you were served or at any subsequent time, state whether or not the Defendant(s) maintains any safe deposit box or boxes. If so, include the identification number or other designation of the box or boxes. Include a full description of the contents and also the amount of cash among those contents. If the Defendant(s) maintains any of these jointly with any other person or persons give their full name and address. No W&A File No. 116974670 r ' • 6: REAL OR PERSONAL PROPERTY: At the time you were served or at any subsequent time, state whether or not Defendant(s) owns any personal property that was in your possession and/or control. If so, include a full description of all personal property giving full value and present location. State also whether or not there are any encumbrances or liens holders, the present balance of the encumbrance. State where and when the encumbrances or liens was recorded. If the Defendant(s) owns any personal property jointly with any person or persons, give names and address. No 7. OTHER ASSETS: At the time you were served or at any subsequent time, did you know of the existence of any other asset(s) of the Defendant(s) which are not disclosed in the preceding Interrogatories. If so, please set forth all details concerning those asset. No 8. PROPERTY HELD AS A FIDUCIARY: At the time you were served or at any subsequent time, did you hold as a fiduciary any property in which any Defendant(s) had an interest? If so, please describe for each Defendant(s) the nature of the property including its value and the interest of Defendant(s). NO 9. FEES OUTSTANDING TO GARNISHEE: Are there any attorneys fees or processing fees charged by you against the Defendant(s) or account(s) of the Defendant(s) for the completion of this Answer. If yes, outline the exact amount of any fees due and owing to the garnishee or the attorney for the garnishee for the preparation of the Answer. No DATE: 0-- Amy'F. Doyle #87062 / Daniel F. Wolfson #20617 Philip C. Warholic #86341 / David R. Galloway #87326 Tonilyn M. Chippie #87852 / Sarah E. Ehasz #86469 Robert N. Polas, Jr. #201259 / Bruce H. Cherkis #18837 Ronald S. Canter #94000 / Ronald M. Abramson #94266 Wolpoff & Abramson, LLP Attorneys in the Practice of Debt Collection 4660 Trindle Road, Suite 300 Camp Hill, PA 17011 Telephone: (717) 303-6700 Counsel for Plaintiff W&A File No. 116974670 f ? VERIFICATION The undersigned does hereby verify under penalty of perjury, that he/she is the legal representative of (?>/barmshee herein, that he/she is duly authorized to make this Verification and that the facts set forth in the foregoing INTERROGATORIES are true and correct to the best of his/her knowledge, information and belief. Z Z' .-a r "I rr N SHERIFF'S RETURN - GARNISHEE CASE NO: 2006-06288 P COMMONWEALTH OF PENNSLYVANIA COUNTY OF CUMBERLAND PALISADES COLLECTION L L C VS COLE MYLES E And now SHARON LANTZ ,Sheriff or Deputy Sheriff of Cumberland County of Pennsylvania, who being duly sworn according to law, at 0008:34 Hours, on the 11th day of July , 2007, attached as herein commanded all goods, chattels, rights, debts, credits, and moneys of the within named DEFENDANT COLE MYLES E hands, possession, or control of the within named Garnishee COMMERCE BANK 20 NOBLE BLVD CARLISLE, PA 17013 Cumberland County, Pennsylvania, by handing to JONATHAN CARBAUGH (ASST MANAGER) personally three copies of interogatories together with 3 and attested copies of the within WRIT OF EXECUTION the contents there of known to Her . Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscribed to . in the true and made So answ rs .00 ? - ?"?' 4 .00 f !t* .00 R. Thomas Kline .00 Sheriff of Cumberland County .0000 ?? 7 07/12/2007 before me this day of By A.D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PALISADES COLLECTION LLC Plaintiff vs. MYLES COLE Defendant(s) NO. 06-6288 CIVIL ACTION 4 LAW PRAECIPE TO DISCONTINUE ATTACHMENT EXECUTION I To the Prothonotary: Kindly mark the attachment against the Garnishee, COMMERCE BANK HARRISBURG N.A., discontinued, upon payment of your costs only I Dated: Respectfully Submitted, (/?m}?Doyle #87062 / Daniel F v: -? Chi ' 87852 /rc uo* ar 86341 / ;03 er olas, Jr. #201259 WOLPOFF & ABRAMSON, L Camp Hill, PA 1701Wolfson #20617 Attorneys in the Practice of D t 4660 Trindle Rd., Suite 300 I R. Galloway #87326 i E. Ehasz #86469 Collection -6700 W&A File No. 116974670 00 cA -3 7-1 Palisades Collection LLC Vs Myles E. Cole Writ of Execution Docket No. 2006-6288 Civil Term "F 2009 fin f a P¢q !: 47 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. No action has been taken in the last six months. Sheriff's Costs Docketing $18.00 Surcharge $30.00 Levy $20.00 Mileage $ 4.80 Poundage $ 1.64 Prothonotary $ 2.50 Garnishee $ 9.00 Total $85.94 ? ?l a °f b9 ?r" So Answers: R. Thomas Kline, Sheriff B Sergeant (j-- 72 993 /a,_ 2 3 3 P r°o COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which ASSET-BACKED PAS=THROUGH CERTIFICATES SERIES 2006-HE2 bus BANK N A) is the grantee the same having been sold to said grantee on the 4TH day of NOV A.D., 2009, under and by virtue of a writ Execution issued on the 27TH day of MARCH, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 564, at the suit of ASSET-BACKED CERTIFICATE SERIES 2006-HE2 TR against JERYL D EMLET & BRENDA L EMLET is duly recorded as Instrument Number 200939662. As G ae'.: Ca r?nar,a?u! County, Ca[UW, PA My Cor? E*was tw F'6t Monday of Jan. 2010 IN TESTIMONY WHEREOF, I have hereunto set my hand ___Ztt7_ and seal of said office this 30 day of R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY F; F - 'rF J, _;: . r ?1" 1 1 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?a?«tp pi `uraGwt/fir t° 2011A DEC -2 r Z: 2 U S National Association, vs. Jerry D Emlet Case Number 2007-564 SHERIFF'S RETURN OF SERVICE 06/24/2009 03:47 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 1545 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 Jerry D. Emlet and Brenda L. Emlet, located at, 78 Boyer Road, Carlisle, Cumberland County, Pennsylvania according to law. 06/2412009 03:47 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 1545 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: Jerry D. Emlet by making known unto, Jerry D. Emlet, personally, at, 78 Boyer Road, Carlisle, Cumberland County, Pennsylvania its contents am at the same time handing to him personally the said true and correct copy of the same. 06/24/2009 03:47 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 1545 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: Brenda L. Emlet by making known unto, Brenda L. Emlet, personally, at, 78 Boyer 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. 08/14/2009 Property sale postponed to 11/4/2009. 11/19/2009 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 November 4, 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 US Bank National Association, as Trustee for Asset-Backed Pass-Through Certificates, Series 2006-HE2, of, 3476 Stateview Blvd., Fort Mill, SC 29715, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 870.18 SHERIFF COST: $870.18 4 /0 31o 4- SO ANSWERS, November 19, 2009 R THOMAS KLINE, SHERIFF Ici GounfySWO Shenfl. Te,Ieosofl, Inc. f ? a 3?y US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET-BACKED CERTIFICATES SERIES 2006-BiE2 Plaintiff, V. JERYL D. EMLET BRENDA L. EMLET Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-564 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET-BACKED CERTIFICATES SERIES 2006-HE2, 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 ,78 BOYER ROAD, CARLISLE, PA 17013. 1. Name and address of Owner(s) or reputed Owner(s): Name JERYL D. EMLET BRENDA L. EMLET Last Known Address (if address cannot be reasonably ascertained, please indicate) 78 BOYER ROAD CARLISLE, PA 17013 78 BOYER 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) None 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) - MEMBERS 1sT FEDERAL CREDIT UNION 5000 LOUISE DRIVE MECHANICSBURG, PA 17055 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 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 78 BOYER ROAD CARLISLE, PA 17013 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 ROBERT DAILEY, ESQUIRE 19 WEST SOUTH STREET CARLISLE, PA 17013 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 unworn falsification to authorities. March 25, 2009 DATE D L G. SCHMIEG, ESQUIRE Attorney for Plaintiff US BANK NATIONAL ASSOCIATION, AS CUMBERLAND COUNTY TRUSTEE FOR ASSET-BACKED CERTIFICATES SERIES 2006-HE2 No. 07-564 CIVIL TERM Plaintiff, V. JERYL D. EMLET BRENDA L. EMLET Defendant(s). March 25, 2009 TO: JERYL D. EMLET BRENDA L. EMLET 78 BOYER ROAD 78 BOYER ROAD CARLISLE, PA 17013 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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at. 78 BOYER ROAD, CARLISLE, PA 17013, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $126,235.71 obtained by US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET-BACKED CERTIFICATES SERIES 2006-HE2 (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 proceeding 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 j215_? _)_5633-7000. 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 COURTHOUSECARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot of land in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of the existing right-of-way line of Township Road No. 558 (16.5 feet from the center line thereof) about 3,050 feet from the center line of Pennsylvania Highway Route No. 641 known as the Trindle Road; thence North 53 degrees East along a fence and land now or formerly of Charles H. Kinard 300 feet to an iron pipe; thence North 37 degrees West along lands now or formerly of Sylvester W. Fenicle, 100 feet to an iron pipe; thence South (erroneously stated as North in prior Deeds of Record) 53 degrees West along lands now or formerly of Sylvester W. Fenicle, 274.92 feet to an iron pipe in the northern right-of-way line of said Township Road No. 558, as presently existing; thence South 24 degrees 33 (erroneously stated as 23 in prior Deeds of Record) minutes East, along said right-of-way line, 41.20 feet to a stake; thence South (erroneously missed in prior Deeds of Record) 21 degrees 50 minutes East, along said right- of-way line, 61.92 (erroneously stated as 62.92 feet in prior Deeds of Record) to an iron pipe, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jeryl D. Emlet and Brenda L. Emlet, husband and wife, by Deed from Kevin P. Graham and April L. Graham, husband and wife, dated 12/30/2005, recorded 01/05/2006, in Deed Book 272, page 3185. PREMISES BEING: 78 BOYER ROAD, CARLISLE, PA 17013 PARCEL NO. 22-09-0535-006 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALT$ OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-564 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR ASSET-BACKED CERTIFICATES SERIES 2006-HE2, Plaintiff (s) From JERYL D. EMLET AND BRENDA L. EMLET (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRITPION. (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 $126,235.71 L.L. $.50 Interest FROM 10/23/2008 - 09/02/2009 (PER DIEM - $21.88) - $6,892.20 AND COSTS Atty's Comm % Atty Paid $144.40 Due Prothy $2.00 Other Costs Plaintiff Paid Date: MARCH 27, 2009 (Seal) s R. Lon notary By: Deputy REQUESTING PARTY: Name DANIEL G SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # On May 4, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Monroe Township, Cumberland County, PA Known and numbered as, 78 Boyer Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4, 2009 By: Real Estate Coordinator O ,i '-,,?k, 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: July 24, July 31 and August 7, 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. Coyne, SWORN TO AND SUBSCRIBED before me this 7 day of August, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 WAWA W0041wjW *7 Writ No. 2007-564 Civil U S National Association, as Trustee for Asset-Backed Certificates, Series 2006-HE2 vs. Jerry D. Emlet Brenda L. Emlet Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of land in Monroe Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the northern side of the existing right-of- way line of Township Road No. 558 (16.5 feet from the center line thereof) about 3,050 feet from the center line of Pennsylvania Highway Route No. 641 known as the Trindle Road; thence North 53 degrees East along a fence and land now or formerly of Charles H. Kinard 300 feet to an iron pipe; thence North 37 degrees West along lands now or formerly of Sylvester W. Fenicle, 100 feet to an iron pipe; thence South (errone- ously stated as North in prior Deeds of Record) 53 degrees West along lands now or formerly of Sylvester W. Fenicle, 274.92 feet to an iron pipe in the northern right-of-way line of said Township Road No. 558, as presently existing; thence South 24 degrees 33 (erroneously stated as 23 in prior Deeds of Record) minutes East, along said right-of-way line, 41.20 feet to a stake; thence South (erroneously missed in prior Deeds of Record) 21 degrees 50 minutes East, along said rightof-way line, 61.92 (erroneously stated as 62.92 feet in prior Deeds of Record) to an iron pipe, the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Jerry D. Emlet and Bren- da L. EGLW- husband and wife, by L. C nOmm, husband wd w&, d+ d 12/30/2005, recorded 01 /05/2006, in Dead Beene 272, page 3185. PREMISES BEING: 78 BOYER ROAD, CARLISLE, PA 17013. PARCEL NO. 22-fi9-OUS-006. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 Akg hiot News Zh(pla Now you know CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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: 07/24/09 Sworn to and sy4scribed before me this 14 day of August, 2009 A.D. Notary Public COMMONWEALTH O PENNSYLVAN'Ik Notarial Seal Sherrie L Kisner', Notary public city Of Harrisburg, Dauphin County My Commission Expires Nov. 26,201 i Member, Pennsylvania Assoclation of Notari r 07131109 08/07/09 Sale No. 27 rit No. 2007.684 Civil Term U S National Association, as Trustee for Asset-Backed Certificates, Series 2006-HE2 vs. Jerry D Emlet Brenda L Emlet Attty; Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN lot of land in Munn,, Township, Cumberland County, Pennsyivann:. bounded and described as follow. BEGINNING at an iron pin on the northern sid of the existing right-of-way line of Townshi Road No. 558 (16.5 feet from the center, 1iis thereof) about 3,050 feet from the center line +.:• Pennsylvania Highway Route No. 641 known a,4 the Trindle Road; thence North 53 degrees Eaw along a fence and land now or formerly :, Charles H. Kinard 300 feet to an iron pipe thence North 37 degrees West along lands nova or formerly of Sylvester W. Fenicle, 100 feet t an iron pipe; thence South (erroneously stated a-- North in prior Deeds of Record) 53 degrees Weti, along lands now or formerly of Sylvester 1s Fenicle, 274.92 feet to an iron pipe in northern right-of-way line of said Township Road No. 558, as presently existing: then. South 24 degrees 33 (erroneously stated as 23 i,, prior Deeds of Record) minutes East, along sax', fight-of-way line, 41.20 feet to a stake; thence South (erroneously missed in prior Deeds f ? Record) 21 degrees 50 minutes East, along sal rightof-way line, 61.92 (erroneously stated 62,92 feet in prior Deeds of Record) to an ir,a-. pipe, the place of BEGINNING. TITLE1f SAID PREMISES IS VESTED IN Jeryl i, Emiet and Brenda L. Emlet, husband and wilt by Deed from Kevin P. Graham and April Graham, husband and wife, dated 12130/200.` recorded 0110512006, in Deed Book 272, pap, 3185, PREMISES BEING: 78 BOYER ROAD, CARLISLE, PA 17013 PARCEL NO. 22-01, 0535.006