Loading...
HomeMy WebLinkAbout06-6375PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 142993 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. Q?, -4;.3-1(5 CUMBERLAND COUNTY C, c, L zj? 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 #: 142993 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 #: 142993 Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 10/29/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1886, Page: 728. 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 #: 142993 6. The following amounts are due on the mortgage: Principal Balance $100,856.55 Interest 3,665.49 05/01/2006 through 10/30/2006 (Per Diem $20.03) Attorney's Fees 1,250.00 Cumulative Late Charges 172.90 10/29/2004 to 10/30/2006 Cost of Suit and Title Search 550.00 Subtotal $ 106,494.94 Escrow Credit 0.00 Deficit 719.18 Subtotal 719.18 TOTAL $ 107,214.12 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 107,214.12, together with interest from 10/30/2006 at the rate of $20.03 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL ALLINAN & SCHMIE L By: rancis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 142993 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the western right-of-way line of Johns Drive, at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 246, South 71 degrees 34 minutes 00 seconds West, a distance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park; THENCE along the eastern line of said Lot No. 15, North 18 degrees 26 minutes 00 seconds West, a distance of 24.00 feet to a point at the southernmost corner of Lot No. 248 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 248, North 71 degrees 34 minutes 00 seconds East, a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive; THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East, a distance of 24.00 feet to a point at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,808.00 square feet, more or less. BEING Lot No. 247, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling known as 5 Johns Drive. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT to a thirty (30) foot wide drainage easement and a ten (10) foot wide pedestrian easement across the western portion on the premises as shown on the above-referenced Final Subdivision Plan. BEING PART OF THE SAME PREMISES WHICH Mid State Development, Inc., by its deed dated December 22, 1986 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book J, Volume 32, Page 967, granted and conveyed unto Laurel Hills Development Corp., the Grantor herein. PREMISES BEING 5 JOHNS DRIVE File #: 142993 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLMAN, ESQUIRE Attorney for Plaintiff DATE: l o/ 30 106 n r'. r? r.? CJ l ii Sri -TI '^C. PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6375-CIVIL TERM STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS 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 STEVEN L. AIKENS and ALETHA M. AIKENS A/K/A ALETHA PASS, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $107,214.12 Interest from 10/31/06 to 12/15/06 $921.38 TOTAL $108,135.50 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: I f eZ?jG?c PR PROTHY 142993 YHELAN HALLINAN & SCHMIEG, LLP -'By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 215 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- COURT OF COMMON PLEAS BACKED CERTIFICATES, SERIES 2004-13 CIVIL DIVISION Plaintiff Vs. STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS Defendants TO: STEVEN L. AIKENS 5 JOHNS DRIVE ENOLA, PA 17025 DATE OF NOTICE: NOVEMBER 29 2006 CUMBERLAND COUNTY : NO. 06-6375-CIVIL TERM FILE COPY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALT INAN & SCHMIEG, LLP • $y: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ATTORNEY FOR PLAINTIFF Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 215 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- COURT OF COMMON PLEAS BACKED CERTIFICATES, SERIES 2004-13 Plaintiff :CIVIL DIVISION Vs. STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS Defendants : CUMBERLAND COUNTY :NO. 06-6375-CIVIL TERM TO: ALETHA M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE ENOLAPA17025 DATE OF NOTICE: NOVEMBER 29 2006 FILE COPY 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 T DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HE HE MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. ARING AND 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 CUMBERLAND COUNTY 7105 CORPORATE DRIVE COURT OF COMMON PLEAS Plaintiff, v. • CIVIL DIVISION NO.06-6375-CML TERM STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant STEVEN L. AIKENS is over 18 years of age and resides at, 5 JOHNS DRIVE, ENOLA, PA 17025. (c) that defendant ALETHA M. AIKENS A/K/A ALETHA PASS is over 18 years of age, and resides at, 5 JOHNS DRIVE, ENOLA, PA 17025. This statement 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 a d'Q ^C) d 4 fC rn r A?L?3 I ? ?7 r I (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 CUMBERLAND COUNTY 7105 CORPORATE DRIVE COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NO. 06-6375-CIVIL TERM STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS Defendant(s). jjL__200 Notice is given that a Judgment in the above-captioned matter has been entered against you on By: If you have any questions concerning this matter, please contact: DANIEL G. SCHMIEG, ESQ 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 A SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." BT, SHERIFF'S RETURN - REGULAR CASE NO: 2006-06375 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS AIKENS STEVEN L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T 7T7r..+TTC1 C MI--ITVAT T. the DEFENDANT , at 1833:OC HOURS, on the 8th day of November , 2006 at 5 JOHNS DRIVE ENOLA, PA 17025 by handing to ALTHEA M AIKENS, SPOUSE 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 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20:/ 11/09/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy Sheriff of A.D. CASE NO: 2006-06375 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS AIKENS STEVEN L ET AL RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon AIKENS ALETHA M AKA ALETHA PASS the DEFENDANT , at 1833:00 HOURS, on the 8th day of November , 2006 at 5 JOHNS DRIVE ENOLA, PA 17025 ALTHEA M A.I KENS by handing to 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 Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00?' 11/09/2006 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day Deputy eriff of A. D. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 Plaintiff, No. 06-6375-CIVIL TERM V. STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Add'1 cost Interest from 12/15/06 to JUNE 13, 2007 (per diem -$17.78) $108,135.50 $1,694.50 $3,200.40 and Costs TOTAL $111,335.90 DANIEL G. SCHMIEG, ESQUIRN 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. 142993 Oz Ova W W U pa,, rn w m W H A W ` ? d Q F4 W ? W ?WU U ?H 0) Z O ? U H W?, d O ? H o '? O o U d H 1 ? w y W cy? tw ti M -cs- un V) N o o r as ao W? W 7 ? o AA 0 _ d w .Q M N t? Q J r c? ? ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST .PENNSBORO, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE, AT THE NORTHERNMOST CORNER OF LOT NO. 246 ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE NORTHERN LINE OF SAID LOT NO. 246, SOUTH 71 DEGREES 34 MINUTES 00 SECONDS WEST, A DISTANCE OF 117.00 FEET TO A POINT ON THE EASTERN LINE OF LOT NO. 15 OF SHERWOOD PARK; THENCE ALONG THE EASTERN LINE OF SAID LOT NO. 15, NORTH 18 DEGREES 26 MINUTES 00 SECONDS WEST, A DISTANCE OF 24.00 FEET TO A POINT AT THE SOUTHERNMOST CORNER OF LOT NO. 248 ON HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE SOUTHERN LINE OF SAID LOT NO. 248, NORTH 71 DEGREES 34 MINUTES 00 SECONDS EAST, A DISTANCE OF 117.00 FEET TO A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE; THENCE ALONG THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE SOUTH 18 DEGREES 26 MINUTES 00 SECONDS EAST, A DISTANCE OF 24.00 FEET TO A POINT AT THE NORTHERNMOST CORNER OF LOT NO. 246 ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN, THE POINT AND PLACE OF BEGINNING. CONTAINING 2,808.00 SQUARE FEET, MORE OR LESS. BEING LOT NO. 247, FINAL SUBDIVISION PLAT OF LAUREL HILLS NORTH, PHASE 5, DATED JUNE 5, 2001, LAST REVISED JULY 12, 2001, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAT BOOK 83, PAGE 113. SUBJECT TO AN EASEMENT FOR UTILITY INSTALLATION AND MAINTENANCE WHICH IS RESERVED ON ALL LOTS AND SUCH EASEMENTS, AS MAY BE SHOWN IN RECORDED DOCUMENTS, GRANTED TO PUBLIC UTILITY COMPANIES FOR UTILITY PURPOSES. ELECTRIC SERVICE WILL BE SUPPLIED ONLY FROM UNDERGROUND DISTRIBUTION SYSTEM IN ACCORDANCE WITH THEN CURRENT PP & L COMPANY TARIFF PROVISIONS. UNDER AND SUBJECT, NEVERTHELESS TO RESTRICTIONS, EASEMENTS, SET-BACK LINES AND CONDITIONS AS NOW APPEAR OF RECORD INCLUDING, BUT NOT LIMITED TO, DECLARATION OF COVENANTS AND RESTRICTIONS APPLICABLE TO FINAL SUBDIVISON PLAN FOR LAREL HILLS NORTH, PHASE 5, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DATED SEPTEMBER 14,2004 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS CUMBERLAND COUNTY, IN MISCELLANEOUS BOOK 681, PAGE 601. FURTHER UNDER AND SUBJECT TO A THIRTY (30) FOOR WIDE DRAINAGE EASMENEMENTS AND A TEN (10) FOOT WIDE PEDESTRIAN EASEMENT ACCROSS THE WESTERN PORTION ON THE PREMISES AS SHOWN ON THE ABOVE REFERENCE FINAL SUBDIVISION PLAN. Vested by Deed, dated 1012912004, given by Laurel Hills Develpment Corp. to Steven L. Aikens and Aletha M. Aikens, husband and wife and recorded 11/1/2004 in Book 265 Page 4942 Real Property Owner: Steven L. Aikens and Aletha M. Aikens, Property Address: 5 JOHNS DR, ENOLA, PA 17025 Tax I.D. #: 09-15-1288-389 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6375 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13, Plaintiff (s) From STEVEN L. AIKENS AND ALETHA M. AIKENS A/K/A ALETHA PASS (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 $108,135.50 L.L. $.50 Interest FROM 12/15/06 TO 6/13/07 (PER DIEM - $17.78) - $3,200.40 AND COSTS Atty's Comm % Atty Paid $139.20 Plaintiff Paid Due Prothy $1.00 Other Costs Date: DECEMBER 27, 2006 (Seal) REQUESTING PARTY: Name DANIEL M. SCHMIEG, ESQUIRE r? ",C-ZL I - Curtis R. Long, Prothonotary By: 9Q,.e • C% ,/ ,ill ?? Deputy Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 Plaintiff, V. STEVEN L. AIKENS ALETHA M. AIKENS AIK/A ALETHA PASS Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6375-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 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. DAN-I-EL?G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?_ .? - ?'? ?.?', -a --, ; ;? _ , ,._ _ . BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 Plaintiff, V. STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-6375-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13, 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 ,5 JOHNS DRIVE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE ENOLA, PA 17025 5 JOHNS DRIVE ENOLA, PA 17025 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) None 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 5 JOHNS DRIVE ENOLA, PA 17025 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. December 15, 2006 tom.-.?...?? J6 -A DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff P ? •-?-• ? _.i r ?_-? °rt ? ---1 --: -? - ,?+ - _ -- -? _? - - ?, :` - ?? ._ ? ?? ? BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 Plaintiff, V. STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS CUMBERLAND COUNTY No. 06-6375-CIVIL TERM Defendant(s). December 15, 2006 TO: STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE 5 JOHNS DRIVE ENOLA, PA 17025 ENOLA, PA 17025 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 5 JOHNS DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $108,135.50 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CE_RTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT. BEGINNING AT A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE, AT THE NORTHERNMOST CORNER OF LOT NO. 246 ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE NORTHERN LINE OF SAID LOT NO. 246, SOUTH 71 DEGREES 34 MINUTES 00 SECONDS WEST, A DISTANCE OF 117.00 FEET TO A POINT ON THE EASTERN LINE OF LOT NO. 15 OF SHERWOOD PARK; THENCE ALONG THE EASTERN LINE OF SAID, LOT NO. 15, NORTH 18 DEGREES 26 MINUTES 00 SECONDS WEST, A DISTANCE OF 24.00 FEET TO A POINT AT THE SOUTHERNMOST CORNER OF LOT NO. 248 ON HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE SOUTHERN LINE OF SAID LOT NO. 248, NORTH 71 DEGREES 34 MINUTES 00 SECONDS EAST; A DISTANCE OF 117.00 FEET TO A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE; THENCE ALONG THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE SOUTH 18 DEGREES 26 MINUTES 00 SECONDS EAST, A DISTANCE OF 24.00 FEET TO A POINT AT THE NORTHERNMOST CORNER OF LOT NO. 246 ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN, THE POINT AND PLACE OF BEGINNING. CONTAINING 2, 808.00 SQUARE FEET, MORE OR LESS. BEING LOT NO. 247, FINAL SUBDIVISION PLAT OF LAUREL HILLS NORTH, PHASE 5, DATED JUNE5, 2001, LAST REVISED JULY 12, 2001, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAT BOOK 83, PAGE 113. SUBJECT TO AN EASEMENT FOR UTILITY INSTALLATION AND MAINTENANCE WHICH IS RESERVED ON ALL LOTS AND SUCH EASEMENTS, AS MAY BE SHOWN IN RECORDED DOCUMENTS, GRANTED TO PUBLIC UTILITY COMPANIES FOR UTILITY PURPOSES. ELECTRIC SERVICE WILL BE SUPPLIED ONLY FROM UNDERGROUND DISTRIBUTION SYSTEM IN ACCORDANCE WITH THEN CURRENT PP & L COMPANY TARIFF PROVISIONS. 4 UNDER AND SUBJECT, NEVERTHELESS TO RESTRICTIONS, EASEMENTS, SET-BACK LINES AND CONDITIONS AS NOW APPEAR OF RECORD INCLUDING, BUT NOT LIMITED TO, DECLARATION OF COVENANTS AND RESTRICTIONS APPLICABLE TO FINAL SUBDIVISON PLAN FOR LAREL HILLS 'NORTH, PHASE 5, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DATED SEPTEMBER 14,2004 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS ;CUMBERLAND COUNTY, IN MISCELLANEOUS BOOK 681, PAGE 601. FURTHER UNDER AND SUBJECT TO A THIRTY (30) FOOR WIDE DRAINAGE EASMENEMENTS AND A TEN (10) FOOT WIDE PEDESTRIAN EASEMENT ACCROSS THE WESTERN PORTION ON THE PREMISES AS SHOWN ON THE ABOVE REFERENCE FINAL SUBDIVISION PLAN. Vested by Deed, dated 10/29/2004, given by Laurel Hills Develpment Corp, to Steven L. Aikens and Aletha M. Aikens, husband and wife and recorded 11/1/2004 in Book 265 Page 4942 Real Property Owner. Steven L..Aikens and Aletha M. Aikens, Property Address: 5 JOHNS DR, ENOLA, PA 17025 Tax I.D. #: 09-15-1288-389 r-? ?- ' _ c ? f 1 _ c''? .-E i,? _ ._,..J ?_ ? _..,' .C' ? ` ? lw: PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Bank of New York As Trustee for the Certificateholders CWABS., Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff vs. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-6375 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment ;in this matter, and in support thereof avers the following: Plaintiff commenced this foreclosure action by filing a Complaint on November 1, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A» 2. Judgment was entered on December 18, 2006 in the amount of $108,135.50. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 13, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $100,856.55 Interest Through 6/13/07 8,049.30 Per Diem $19.76 Late Charges 103.74 Legal fees 1,675.00 Cost of Suit and Title 862.00 Sheriffs Sale Costs 0.00 Property Inspections 100.00 Appraisal/Brokers Price Opinioin 0.00 Mortgage Insurance Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 20.00 Suspense/Misc. Credits 0.00 Escrow Deficit 719.18 TOTAL $112,385.77 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on April 17, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No Judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Date:A Phelan Hallinan & Schniieg, LLP By: ' Michele M. Bradfor , ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 Bank of New York As Trustee for the Certificateholders CWABS., Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff vs. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-6375 MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a. Mortgage on the Property located at 5 Johns Drive, Enola, PA 17025. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. 11. is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cio___ng-oli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Realit Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal. liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriff s Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well maybe divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road ShoX)pin Center, enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: A fl ie`?4n,I°3,al an & h ice, LLP By: Michele ra fo ire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANC=IS S. HA.LLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 215 563-7000 142993 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. STEVEN L. AIKENS ALETH[A M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO.OL --4315 lut?, CUMBERLAND COUNTY ENOLA., PA 17025 CIJ Fri.- r C Defendants Di;CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been steed 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 Al _ FUG Ratiflaft V a tale and - W copy of the dpi' aj flied of [rrd File #, 142993 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 2? I5) 563-7000 142993 BANK: OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. STEVEN L. AIKENS ALE111A M. AIK.ENS A/K/A ALETHA PASS 5 JOHNS DRIVE ENOLA, PA 17025 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION A13OUT 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 heroby ,cep the Fife 9: 142993 IF THIS IS THE FfRST 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 0: 142993 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEIIOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: STEVEN L. AIKENS ALETHA M. AIKENS A/KIA ALETHA PASS 5 JOHNS DRIVE ENOLA, PA 17025 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 10/29/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR AMERICA'S WHOLESALE LENDER which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1886, Page: 728. 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 #: 142993 6. 'The following amounts are due on the mortgage: Principal Balance $100,856.55 Interest 3,665.49 05/01/2006 through 10/30/2006 (Per Diem $20.03) Attorney's Fees 1,250.00 Cumulative Late Charges 172.90 10/29/2004 to 10/30/2006 Cost of Suit and Title Search 550.00 Subtotal $ 106,494.94 Escrow Credit 0.00 Deficit 719.18 Subtotal $ 719.18 TOTAL $ 107,214.12 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $511,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 107,214.12, together with interest from 10/30/2006 at the rate of $20.03 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 INAN & SCRMIE L By: /s/Francis S. Hallina.ri L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Pik 0:-.`142993 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit; BEGINNING at a point on the western right-of-way line of Johns Drive, at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan; THENCE along the northern line of said Lot No. 246, South 71 degrees 34 minutes 00 seconds West, a distance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park; THENCE along the eastern line of said Lot No. 15, North 18 degrees 26 minutes 00 seconds West, a distance of 24.00 feet to a point at the southernmost corner of Lot No. 248 on the hereinafter described Final Subdivision Plan; THENCE along the southern line of said Lot No. 248, North 71 degrees 34 minutes 00 seconds East, a distance of 117.00 feet to a point on the western right-of-way line of Johns Drive; THENCE along the western right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East, a distance of 24.00 feet to a point at the northernmost corner of Lot No. 246 on the hereinafter described Final Subdivision Plan, the point and place of BEGINNING. CONTAINING 2,808.00 square feet, more or less BEING Lot No. 247, Final Subdivision Plan of Laurel Hills North, Phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Plan Book 83, Page 113. BEING improved with a townhouse dwelling known as 5 Johns Drive. SUBJECT TO an Easement for utility installation and maintenance which is reserved on all lots and such other easements, as may be shown in recorded documents, granted to Public Utility Companies for utility purposes. Electric service will be supplied only from the underground distribution system in accordance with then current PP&L Company Tariff provisions. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, Declaration of Covenants and Restrictions applicable to Final Subdivision Plan for Laurel Hills North, Phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2001, and recorded in the Office of the Recorder of Deeds of Cumberland County, in Miscellaneous Book 681, Page 601. FURTHER UNDER AND SUBJECT 6a thirty'(30) foot wide drainage easement'and a ten (10) foot wide pedestrian easement across the western portion on the premises as shown on the above-referenced Final Subdivision Plan. BEING PART OF THE SAME PREMISES WHICH Mid State Development, Inc., by its deed dated December 22, 1986 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book J, Volume 32, Page 967, granted and conveyed unto Laurel Hills Development Corp., the Grantor herein. PREMISES BEING 5 JOHNS DRIVE Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEROLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff, A QREY F1i.F Copy EARE CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL. DIVISION NO. 06-6375-CIVIL TERM STEVEN L. AIKENS :. . a ALET IA M. AIKENS A/K/A ALETHA PASS A7ftj • . EAS , -; • ?s Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE T .? ANSWER AND ASSESSMENT OF DAMAGES; :< TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against STEVEN L. AIKENS and ALETHA M. AIKENS A/K/A ALETHA PASS Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $107,214.12 Interest from 10/31/06 to 12/15/06 $921.38 TOTAL $108,135.50 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, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 142993 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 micliele.bradford@fedphe.com Michele 1\/1. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Steven L. Aikens Aletha M. Aikens AIK/A Aletha Pass 5 Johns Drive Enola, PA 17025 RE: Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-13 vs. Steven L. Aikens and Aletha M. Aikens A/K/A Aletha Pass Premises Address: 5 Johns Drive, Enola, PA 17025 Cumberland County CCP, No. 06-6375 Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within five days, by Monday, April 23, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. e tru y urs, n Mi el M. Bra for , E q e For Phelan Hallinan & Schmieg, LLP Enclosure ,r r O '7- o tJ? ro Nz a? ?o ro? a? b? ? N ?ro N ° ro ?b O_ ,p ro ro 0 Vp. ? ro N OO i n ;?. r. . 8 ro o .n C, N ro ? rn ? to o rn o• o ? ro 6?. 5, 0 0 o ? o P. "g o ro ro w 6; S n y 8 ro 6 C ? O N 'J ?O 0 O a .1 ? A• r? t?D A +11 w A CD eD N u o ? ?. o. t9 00 ? n 3 d r ? b fool r -0 fD N to to C-o N v rn o_ Ql 04 TA 4Q - POST,'R lD b ?? 0 9fi L 7 02 pop, R 17 20p7 0004218010 ZIPGODE 19103 MAILED FROM K! tD tD VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE: _ Phelan Hallinan & Schmieg, LLP B?: t LlIele M. Bradfo rd, squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 563-7000 Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff vs. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County No. 06-6375 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass 5 Johns Drive Enola, PA 17025 DATE: _ - In Phkq n Halligan & Schmieg, TAP ?y: I M Wchee Brad or , wire Attorney for Plaintiff AFFYDAVIT OF SERVICE DXFENDANT(&) PASS XAn OF NJNCW YO.AK AS TKUSM FOR INC CW AS -BACIRD CUT MCA 2004-13 ? TFS ? STEVEN L AUCINS A.>C ZMA K ADOWs AIWA ALZMA CUMBERLAND COUNTY' No. 06-6375.0, TERM ACCT, #549- TW of Action p5?*i4a jq3 - Notice of Sherurs sale SEI2VVg STEVM L ADOM AT S .YODNS DR)I.VE ENOLA, PA 17025 Sate Date: JUja 13, x007 SERVED Served and made known t4 t•rt L at• 3 0'-!?'?•S ,?antLe ?I? - da clock / ,m, at 1? R S 1, `_ y of °r 2007 -MA k of P tmyjV in the Hammer described below: Cmuwnvreaitb - ?• De>?da? fi=jb,mher served. WA Whm ?syj m(*)- Nam enW Rom Adnit iu cbmV of bof f d to Siva Mme or relapo?„? P- --....?_AQant?k of P? of WS-V is whilb e D Vmh. prarrsou in ?e of M&D,?,, e?cla°t?s) -ide(s). --R _- : o "?'? a f t s woe or usual phM of busi &em Ueefeadaat(s)'s company, ?: A? 3s ks , u C` R -? Weight 15-0 Raft -I.&-/ Sex, 4 Other a true and D M100 CWV of the a tmUk NO* dW he address i?d;ea 'bdXAMMEAMI in ys? WMding to law. depose and 9mte e Y above. 3 herein, issued in the omd d thw ty hAzWed food sv can on the date and st rat Or PL 11.?? C State c,; New Jersey T3 TAM. IMICATE DATES & TES OF SERVYCZ AT bMM. PAT rtl& E. HARRIS 02.81?II? VElS On ?mn?ission Ex iresojune 16, 2008 Hotted 200_, ?-?' o'clock ,-.m, D FO -._ XJnlmown No A. - ?endaat NOT ?D bocs?e: Ist Attempt:_ 1 , -- i 3rd Attempt: Tme; Time: - Swom to and a*-mlbmi ---..?-'-"- befum am th9s day 200 By: MM? Dodd GSheaEnuke - I.D. No, 62205 OL/99 39Cd S3JIt1Z13s 1, ! ? ?llWbd 05Z8tbL609 10:Tl 9002/ZZ/zl Vacant 20 t Attempt;L ? ? O `-'~ -u - s? ? -n ?? _._ r, : s. ;? ' ,- ? ..,? ??: ? ?., f ? ?° t.11 '..?L Ap'MAvrr of SEIt'VICE PLA F BANK OF 1VEW YOU AS MUSTUPOR T11E CERTMCAnM16 )DM MAIM INC. ASSET BACEXD CRRTIMATES, SFJMS 2004-13 1XIMNDANT(S) STEVEN L. A S PASS ALETDA M. AUMS AWA AX rM SRRVZ ALE1gA hL AUMS AWA ALETI1A PASS AT 5 JODNS DRIVE '' 0LA, PA 17025 CMZERLAM COUNTY No. 06-6315-CM T=M ACCT. #$ Type of Aet1oY - Notice of SherMs Sale Sate X>'ate: JCM 13,2M ?t SERVED Served lad made k novm to AIC L? ?Nn $ yonthe_dsyof Tanlea? 200 7 ,at Z'• 3`? - o'clxk P.m.. at 5 To v1,1 S d r . y anwealth o"emylvenia, in the manna 409caed below: Datend*p WVed Ad,* fiWdAY Member is Chwpof Dd=with jaM?°°? ??10?+t(8) mWKs)• Name ma= or S d Ra is u Htager/Clerk of PIWe of Ka) _ dance ?vho rrlitsed b, r ?? or parson in cberp o S in "'>?iCh b6(S) resida(s). latio'?hip. an oo said Ie? s) -g company. D"ft*fi0M- Age Height ?S"?g l? Wei & ' d i& Race w Sex ? Aber " &06 PMOU 1p beaded a to ys and corm a ccMWftnt adult, befog duty sworn &Wmdmg to later. CaP coned case on the date and at the address of the d ? in the as set fo ? and $ftft td I ss indicated above, fhb issued in the i'UNC ,,iste cC ;4ew Jersey Pavi,: CIA E. HARRIS bertrnission @x gp,,June 1A4 2006 - Moored NOT SERVED 200_, at - o'clock _.•mi•, DefbndM NOT FOY}Nb became: Ua rn No Answer 3rd Attempt:, / _Time. .___L, Swam to and su mAmd before me this day oof-- ? 200 _ P •+ac Dawn G. for ScbWca K4c MM 12. LI). No. 62205 0L/L9 3Wd By: Vacant 2 ad Tiime: SMIA?M MnIwV_q -ky: MAST 3 7I M& MICATE DATES a I OF SERVICE AT'TE MPM. 89Z8LbL609 '@:IT 9802/ZZ/Zt a. 0 o rt -rrt'= -' s -rc ? r s? ate.. ?... ".. ?4 .l Lx. ?t'T7 Y APR $ 7 200r t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Bank of New York As Trustee for the Certificateholders : Court of Common Pleas CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff : Civil Division VS. : Cumberland County Steven L. Aikens No. 06-6375 Aletha M. Aikens A/K/A Aletha Pass Defendants RULE AND NOW, this _ p day of f. j 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. &J'tI4 n l `i d 21 s J t G I zf c- 4 t ? I S aV LJ , Rule Returnable o: h A_;, of ?nn? at BY THE COURT J. 142993 t 1?,5f i?'f??.J r,_} ? , .. ,, -, ?-;:?;? ?I-11 ?? ??3'?! vr? ?? ? ry.,,?}?ll? ,???`.` PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders : Court of Common Pleas CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff Civil Division vs. : Cumberland County Steven L. Aikens No. 06-6375 Aletha M. Aikens A/K/A Aletha Pass Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent to the following individuals on the date indicated below. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass 5 Johns Drive Enola, PA 17025 DATE: P elan Hallin Schmieg, LLP B: ? M '-? ich le ra rd, Esquire Attorney for Plaintiff 1 _ '-s f PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff VS. Steven L. Aikens Aletha M. Aikens A/KIA Aletha Pass Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6375 MOTION TO MAKE RULE ABSOLUTE Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-13, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 26, 2007. 3. A Rule was entered by the Court on or about April 30, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 4, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. V,)- ? ? i J 6A Date PHELAN HALLINAN & SCHMIEG, LLP Achele aB?adtord!,-Esquire Attorney for the Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff vs. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6375 BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 26, 2007. A Rule was entered by the Court on or about April 30, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 4, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of May 14, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. PHEL HALL SCHMIEG, LLP Date ich le Bad or s uire Attorney for the Plaintiff Exhibit "A" air:7a& ?OV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Bank of New York As Trustee for the Certificateholders : Court of Common Pleas CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff : Civil Division vs. : Cumberland County Steven L. Aikens No. 06-6375 Aletha M. Aikens A/K/A Aletha Pass Defendants RULE AND NOW, this -31 day of 2007, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. 'Al Lvi3-h14 G?A S Ot t?? dAte o41" +A -'s 6 rd e?r- Rule Returnable o : he ua r ? t , . BY THE COURT J. TMCOPY FROM net a Teatknony where +.. t# my ha 142993 Id tie seal of said u;tpf, ;Ai Cafte, Pa. All-dskw ft ProMtAttntarr Exhibit "B" C . ,~F v O m PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. LD. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff vs. c? W ATTORNEY FOR PLAINTIFVV Court of Common Pleas Civil Division : Cumberland County Steven L. Aikens No. 06-6375 Aletha M. Aikens A/K/A Aletha Pass Defendants'' s CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the April 30, 2007 Rule directing the defendant to show by May 14, 2007 was sent to the following individuals on the date indicated below. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass 5 Johns Drive Enola, PA 17025 DATE: 14 1.1 Attorney for 0." `! I r P elan Hallin Schmieg, LLP B ich le M. Araa rd, Esquire r ?•'i VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. Date §4904 relating to the unsworn falsification of authorities. ichele M. Bradfo squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff vs. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-6375 CERTIFICATION OF-SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass 5 Johns Drive Enola, PA 17025 DATE: P lli & Sc i g, LLP Y: is ele M. Bra uire Attorney for Plaintiff r? 7 r? ?- ? ?-t; s' [' ?? ? ?r .e,.? 1 .-.r_ .. ?{i"i P ? -t -.. ; V MAY 1$ 2007 A"V IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Bank of New York As Trustee for the Certificateholders Court of Common Pleas CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff Civil Division VS. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass Defendants ORDER : Cumberland County : No. 06-6375 AND NOW, this ?Z, ? day of M.> -? , 2007, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance Interest Through 6/13/07 Per Diem $19.76 Late Charges Legal fees Cost of Suit and Title Sheriffs Sale Costs Property Inspections Appraisal/Brokers Price Opinion Mortgage Ins. Premium/Private Mortgage Ins. NSF (Non-Sufficient Funds charge) $100,856.55 8,049.30 103.74 1,675.00 862.00 0.00 100.00 0.00 0.00 20.00 I t ,._a ?_ • ,?f, ? "'1 L9r'l 3 Aa 4'.1 1m L Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 719.18 $112,385.77 Plus interest from 6/13/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 42993 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Bank of New York As Trustee for the Certificateholders Court of Common Pleas CWABS, Inc. Asset-Backed Certificates, Series 2004-13 Plaintiff : Civil Division vs. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass Cumberland County No. 06-6375 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the May 22, 2007 Order was sent to the following individuals on the date indicated below. Steven L. Aikens Aletha M. Aikens A/K/A Aletha Pass 5 Johns Drive Enola, PA 17025 DATE: Office of the Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 he a & c 'e LP By: ache Attorney for Plaintiff C7 C 2 K I r r -n c =_ c-n " .r cr, V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BANK OF NEW YORK AS TRUSTEE FOR THE CUMBERLAND COUNTY CERTIFICATEHOLDERS CWABS, INC. ASSET- COURT OF COMMON PLEAS BACKED CERTIFICATES, SERIES 2004-13 Plaintiff, CIVIL DIVISION V. STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS Defendant(s) NO. 06-6375 - CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND 1 SS: I, DANIEL G. SCHMIEG, ESQUIRE, attorney for BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 hereby verifies that on JUNF. 12. 2007 a true and Correct copies of the Notice of Sheriffs Sale were served by certificate of mailing to the Recorded Lienholder(s) and any known interested party. n ? ANIEL G. S IE , SQUIRE Attorney for Plaintiff Date: June 14, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsence 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. 142993 so?s? Looz Q77?a • 53 v%o mmw? dw? i x 0 run a ~ U ? a?i v 0? ?aCa Uw ? a h d L d ed "C3 err zao 1000d1z wOa:J OTIMu - s oNbr oBoa?zvooo vu zo ?O 8 9 A3lUld®®® Z ? ?.` r O ?? ?dy? h k ? ? r3 oas M 12 F Q 0 v ? O ~ d ? .? d ???c d C7 o w LW pG N c ? .w w .? c? a o p g?w a o$ rn g w ? ee a•?• v 3 w sti O z w O C N we o c A U w O ? ,? o W a v ., u ??+ V] a w 0 ? J ? ? ? z z z at U O a o 7 . a a A O W a F 1 z U F a m 3 Z m .2 L v 4 T g ~ N M V v1 ? 1- oo Q? O •-- N M ?f ?a C? a f=. O O U (? 00 `/1 U a; 0 Uw•`? a ti b a0 °a b i+ y c? v, C ? L d cl b?«. 4 oo u 4 ? ,g .G z a I l 6 L 3000 dIZ V408:10311" - o v )OZ Z l Nn 0 60S 1ZV000 VU zo ' o h• E 5 W $ s0 I U 53AMM A3N1Id ' ' s r'= 8 y dy5 G . v 4e Od s?y ? ? gco h 3 °a d •n ? F p 6C5 e? x u u u .b E w° 43 'e u ?'w u M E u u w ? u Q U ? a ? a'F Q c°c C .F O M °?uE^ •o `?' o u g ? ? ? ? m H a Q ? W4 a 0 a v °O U kn W Y v u O a° ° W a V1 ? ti 3 Q u ,6: 0 ? Q o? W ?v W z V] 0 F x d Z d y V °e a u °m ••-? N M V n ?D l? 00 ? O N M ?• ? ? ? F iL BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2004-13 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION STEVEN L. AIKENS NO. 06-6375-CIVIL TERM ALETHA M. AIKENS A/K/A ALETHA PASS Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13, 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 ,5 JOHNS DRIVE, ENOLA, PA 17025. 1. 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) America's Wholesale Lender 4500 Park Granada Calabasas, CA 91302 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. June 11, 2007 6 DATE DANIEL G. SC 6EG, ES IRE Attorney for Plaintiff DATE: 01/03/07 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13 VS. STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS PROPERTY: 5 JOHNS DRIVE ENOLA, PA 17025 Improvements: Residential dwelling Judgment Amount: $108,135.50 CUMBERLAND COUNTY NO. 06-6375-CIVIL TERM The above-captioned property is scheduled to be sold at the Cumberland County Sheriff s Sale on JUNE 13, 2007, at the Cumberland County Courthouse, South Hanover Street, Carlisle, PA at 10:00 a.m.. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interests. If you have any questions regarding the type of lien or the effect of the Sheriff s Sale upon your lien, we urge you to CONTACT YOUR OWN ATTORNEY, as we are not permitted to give you legal advice. The Sheriff will file a schedule of Distribution on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. fI ;- { 5 j 1 !; rn Bank of New York as Trustee for the Certificate Holders CWABS, Inc, Asset-Backed Certificates, Series 2004-13 VS Steven L. Aikens and Aletha M. Aikens, a/k/a Aletha Pass In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6375 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 9, 2007 at 1325 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants to wit: Steven L. Aikens and Aletha M. Aikens a/k/a Aletha Pass, by making known unto Steven L. Aikens, personally and husband of Aletha M. Aikens, a/k/a Aletha Pass, at 5 Johns Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1145 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 Steven L. Aikens and Aletha M. Aikens a/k/a Aletha Pass, located at 5 Johns Drive, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Steven L. Aikens and Aletha M. Aikens a/k/a Aletha Pass, by regular mail to their last known address of 5 Johns Drive, Enola, PA 17025. These letters were mailed under the date of April 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 28.19 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Law Journal 605.00 Patriot News 613.13 Postpone Sale Sha e of Bill 40.00 1 16 17 ? r s 1110 . , $1,437.79 t So And R. Thomas Kline, Sheriff BY $ 1,6D Uol Real Estate rgeant fi b C.M? r BANK OF NEW YORK AS TRUSTEE FOR THE C'FRTIFICATEHOLDERS CWABS, INC. ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2004-13 COURT OF COMMON PLEAS Plaintiff, . V. CIVIL DIVISION STEVEN L. AIKENS NO. 06-6375-CIVIL TERM ALETHA M. AIKENS AIK/A ALETHA PASS Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. }?+SET-BACKED_CERTIFICATES, SERIES 2004-13, Plaintiff in the above action, by its attorney, ;. fEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was d he following information concerning the real property located at ,5 JOHNS DRIVE, ENOLA, V4 17025. e and address of Owner(s) or reputed Owner(s): '\ t'?lie Last Known Address (if address cannot be reasonably ascertained, please indicate) `STEVEN L. AIKENS k i , ETHA M. AIKENS A/K/A ALETHA LASS 5 JOHNS DRIVE ENOLA, PA 17025 5 JOHNS DRIVE ENOLA, PA 17025 ". Name and address of Defendant(s) in the judgment: Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real perty to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None l 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) None 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 5 JOHNS DRIVE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. December 15, 2006 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r? BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 Plaintiff, V. CUMBERLAND COUNTY No. 06-6375-CIVIL TERM STEVEN L. AIK ENS ALETHA M. AMENS A/K/A ALETHA PASS Defendant(s). December 15, 2006 TO: STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE 5 JOHNS DRIVE ENOLA, PA 17025 ENOLA, PA 17025 * *THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAYE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIENAGAINST PROPERTY. * * Your house (real estate) at, 5 JOHNS DRIVE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 13, 2007 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $108,135.50 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 (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. PA You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE IN THE TOWNSHIP OF EAST )N?NNSSQRO, COUNTY OF CUMBERLAND AND COMMONWEALTH OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNIING AT A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE, AT THE NORTHERNMOST" CORNER OF LOT NO. 246 ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE NORTHERN LINE OF SAID LOT NO. 246, SOUTH 71 DEGREES 34 MINUTES 00 SECONDS WEST, A DISTANCE OF 117.00 FEET TO A POINT ON THE EASTERN LINE OF LOT NO. 15 OF SHERWOOD PARK; THENCE ALONG THE EASTERN LINE OF SAID LOT NO. 15, NORTH 18 DEGREES 26 MINUTES 00 SECONDS WEST, A DISTANCE OF 24.00 FEET TO A POINT AT THE SOUTHERNMOST CORNER OF LOT NO. 248 ON HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN; THENCE ALONG THE SOUTHERN LINE OF SAID LOT NO. 248, NORTH 71 DEGREES 34 MINUTES 00 SECONDS EAST; A DISTANCE OF 117.00 FEET TO A POINT ON THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE; THENCE ALONG THE WESTERN RIGHT-OF-WAY LINE OF JOHNS DRIVE SOUTH 18 DEGREES 26 MINUTES 00 SECONDS EAST, A DISTANCE OF 24.00 FEET TO A POINT AT THE NORTHERNMOST CORNER OF LOT NO. 246 ON THE HEREINAFTER DESCRIBED FINAL SUBDIVISION PLAN, THE POINT AND PLACE OF BEGINNING. CONTAINING 2, 808.00 SQUARE FEET, MORE OR LESS. BEING LOT NO. 247, FINAL SUBDIVISION PLAT OF LAUREL HILLS NORTH, PHASE 5, DATED JUNE'5, 2001, LAST REVISED JULY 12, 2001, RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS OF CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAT BOOK 83, PAGE 113. SUBJECT TO AN EASEMENT FOR UTILITY INSTALLATION AND MAINTENANCE WHICH IS RESERVED ON ALL LOTS AND SUCH EASEMENTS, AS MAY BE SHOWN IN RECORDED DOCUMENTS, GRANTED TO PUBLIC UTILITY COMPANIES FOR UTILITY PURPOSES. ELECTRIC SERVICE WILL BE SUPPLIED ONLY FROM UNDERGROUND DISTRIBUTION SYSTEM IN ACCORDANCE WITH THEN CURRENT PP & L COMPANY TARIFF PROVISIONS. UNDER AND SUBJECT, NEVERTHELESS TO RESTRICTIONS, EASEMENTS, SET-BACK LINES AND CONDITIONS AS NOW APPEAR OF RECORD INCLUDING, BUT NOT LIMITED TO, DECLARATION OF COVENANTS AND RESTRICTIONS APPLICABLE TO FINAL SUBDIVISON PLAN FOR LAREL HILLS NORTH, PHASE 5, EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, DATED SEPTEMBER 14,2004 AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS CUMBERLAND COUNTY, IN MISCELLANEOUS BOOK 681, PAGE 601. FURTHER UNDER AND SUBJECT TO A THIRTY (30) FOOR WIDE DRAINAGE EASMENEMENTS AND A TEN (10) FOOT WIDE PEDESTRIAN EASEMENT ACCROSS THE WESTERN PORTION ON THE PREMISES AS SHOWN ON THE ABOVE REFERENCE FINAL SUBDIVISION PLAN. Vested by Deed, dated 10/29/2004, given by,Laurei Hills Develpment Corp, to Steven L. Aikens and Aletha M. Aikens, husband and wife and recorded 1111/2004 in Book 265 Page 4942 Real Property Owner: Steven L. Aikens and Aletha M. Aikens, Property Address: 5 JOHNS DR, ENOLA, PA 17025 Tax I.D. #: 09-15-1288-389 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-6375 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2004-13, Plaintiff (s) From STEVEN L. AIKENS AND ALETHA M. AIKENS A/K/A ALETHA PASS (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 $108,135.50 L.L. $30 Interest FROM 12/15/06 TO 6/13/07 (PER DIEM - $17.78) - $3,200.40 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $139.20 Other Costs Plaintiff Paid Date: DECEMBER 27, 2006 (Seal) t)eputy REQUESTING PARTY: Name DANIEL M. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 14 On January 29, 2007 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 5 Johns Drive, Enola, East Pennsboro Township, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2007 By: OD 0 dwuyll Real Estat Sergeant l i `v' 6 - NV LUZ 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: April 20, 27 & May 4, 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. Marie WORN TO AND SUBSCRIBED before me this __A __day of May, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 ] R&L STATE SALE NO. 14 Writ No. 2006-6375 Civil Bank of New York as Trustee for the Certificateholders CWABS, Inc Asset-Backed Certificates, Series 2004-13 VS. Steven L. Aiken and Aletha M. Aiken a/k/a Aletha Pass Atty.: Daniel Schmieg ALL THAT CERTAIN piece or parcel of land situate in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to wit: BEGINNING at a point on the western right-of-way line of Johns Drive, at the northernmost corner of Lot No. 246 on the hereinafter described final subdivision plan: thence along the northern line of said Lot No. 246, South 71 degrees 34 minutes 00 seconds West, a dis- tance of 117.00 feet to a point on the eastern line of Lot No. 15 of Sherwood Park; thence along the eastern line of said Lot No. 15, North 18 degrees 26 minutes 00 seconds West, a distance of 24.00 feet to a point at the southernmost corner of Lot No. 248 on hereinaf- ter described final subdivision plan; thence along the southern line of said Lot No. 248, North 71 degrees 34 minutes 00 seconds East, a dis- tance of 117.00 feet to a point on the western right-of-way line of Johns Drive; thence along the west- ern right-of-way line of Johns Drive South 18 degrees 26 minutes 00 seconds East, a distance of 24.00 feet to a point at the northernmost corner of Lot No. 246 on the here- inafter described final subdivision plan, the point and place of BEGIN- NING. CONTAINING 2,808.00 square feet, more or less. BEING Lot No. 247, final subdi- vision plat of Laurel Hills North, phase 5, dated June 5, 2001, last revised July 12, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylva- nia, in Plat Book 83, page 113. Subject to an easement for util- ity installation and maintenance which is reserved on all lots and such easements, as may be shown in recorded documents, granted to public utility companies for utility purposes. Electric service will be supplied only from underground distribution system in accordance with then current PP & L Company tariff pro- visions. Under and subject, nevertheless to restrictions, easements, set-back lines and conditions as now appear of record including, but not limited to, declaration of covenants and re- strictions applicable to final subdi- vision plan for Laurel Hills North, phase 5, East Pennsboro Township, Cumberland County, Pennsylvania, dated September 14, 2004 and re- corded in the Office of the Recorder of Deeds Cumberland County, in Miscellaneous Book 681, page 601. Further under and subject to a thirty (30) foot wide drainage ease- ments and a ten (10) foot wide pe- destrian easement across the west- ern portion on the premises as shown on the above reference final subdivision plan. Vested by Deed, dated 10/29/ 2004, given by Laurel Hills Devel- opment Corp. to Steven L. Aikens and Aletha M. Aikens, husband and wife and recorded 11/1/2004 in Book 265 Page 4942. Real Property Owner: Steven L. Aikens and Aletha M. Aiken. Property Address: 5 Johns Dr., Enola, PA 17025. Tax I.D. #: 09-15-1288-389. J' . •If. 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 Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with 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 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#14 Sworn to and subscrib?k ft 6ftK LV aU)07 A.D. Notarial Seal Terry L. Russell, Notary Public City Of Harrisburg; Dauphin CountMy mission pires June 6,20-10 Membe . Penn I Association of Notaries 1 NOT Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 F ILEL1-0 !C` P. ."_ € ROT H0N0TA1,'1' Phelan Hallinan & Schmieg, LI;I?? FEB I {a oAttorney For Plaintiff 1617 JFK Boulevard, Suite 1441. MBrr_-RLAND COUNTY One Penn Center Plaza PENNSYLVANIA Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE Court of Common Pleas FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET-BACKED Civil Division CERTIFICATES, SERIES 2004-13 Plaintiff CUMBERLAND County vs No. 06-6375 STEVEN L. AIKENS ALETHA M. AIKENS AWA ALETHA PASS Defendant PRAECIPE TO THE PROTHONOTARY: ? Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. ? Please mark the above referenced case Settled, Discontinued and Ended. ® Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. ? Please mar the in rem judgment Satisfied and the action Discontinued and Ended. Date:- tT tE L A'N 7 LINAN & S G, LLP Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS # 142993 p?VU? s q.60 Pd a / C,?,lf 11 55 y31, (Lai Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC. ASSET- BACKED CERTIFICATES, SERIES 2004-13 Plaintiff vs STEVEN L. AIKENS ALETHA M. AIKENS, A/K/A ALETHA PASS Defendant Attorney For Plaintiff Court of Common Pleas Civil Division CUMBERLAND County No. 06-6375 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe was served by regular mail to the person(s) on the date listed below: STEVEN L. AIKENS ALETHA M. AIKENS A/K/A ALETHA PASS 5 JOHNS DRIVE ENOLA,,, PA 17025 Date: Melissa J. Cantwell, Esq., Id. No.308912 Attorney for Plaintiff PHS # 142993