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HomeMy WebLinkAbout07-0026PHELAN 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 146347 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. LESLIE J. MULLEN 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM tt NO. 0'7 - oZco I CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 146347 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 #: 146347 1. Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: LESLIE J. MULLEN 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/12/2006 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: 1948, Page: 1577. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 08/01/2006 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 #: 146347 The following amounts are due on the mortgage: Principal Balance $131,821.91 Interest 5,296.06 07/01/2006 through 12/28/2006 (Per Diem $29.26) Attorney's Fees 1,250.00 Cumulative Late Charges 241.90 04/12/2006 to 12/28/2006 Cost of Suit and Title Search 550.00 Subtotal $ 139,159.87 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 139,159.87 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 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 $ 139,159.87, together with interest from 12/28/2006 at the rate of $29.26 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 , LL By: /s/Francis S. Hallman LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146347 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public township road (T-587), which leads to State Highway No. 114, which said point is at the southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, said point being referenced as north 80 degrees east, as measured along and through said public township road (T-587), a distance of one hundred seventy and thirteen one-hundredths (170.13) feet from a railroad spike in said road marking the common corner of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, and lot now or formerly of Robert D. Weaver and Linda Weaver Pantaloni; thence along the line of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, north 10 degrees west, one hundred forty (140) feet to a point; thence along the line of other lands now or formerly of William H. Hollinger, of which was a part, north 80 degrees east, one hundred five (105) feet to a point; thence along the line of land of the same south 10 degrees east, one hundred forty (140) feet to a point in the center line of the public township road (T-587), aforementioned; thence along the center line and through said road, south 80 degrees west, one hundred five (105) feet to a point in said road, at the aforesaid southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, the place of BEGINNING. HAVING thereon erected a brick ranch dwelling known and numbered as 8 Pleasant View Drive. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record of that which a physical inspection or survey of the premises would reveal. BEING known as Parcel #38-22-0144-055 BEING the same premises which Thien T. Nguyen and Hoa T. Nguyen, his wife, by deed dated June 19, 2003 and recorded September 25, 2003 in Cumberland County in Deed Book Volume 259, Page 2470 granted and conveyed unto Leslie J. Mulen, single man. PREMISES BEING 8 PLEASANT VIEW DRIVE File #: 146347 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ?O b?7 -Y+ 71 Fn 0 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 19103-1.814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. LESLIE MULLEN NO. 07/26- CIVIL TERM 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 LESLIE MULLEN, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $139,159.87 Interest from 12/29/06 to 02/05/07 $1,141.14 TOTAL $140,301.01 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, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I a 667 PRO ROTHY 146347 AV PHELAN HALLTNAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE : COURT OF COMMON PLEAS CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. NO. 07-26-CIVIL TERM LESLIE J. MULLEN Defendants TO: LESLIE J. MULLEN 1047 BRENTWATER ROAD P 113 CAMP HILL, PA 17011 FILE DATE OF NOTICE: JANUARY 26, 2007 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 F NCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ATTORNEY FOR PLAINTIFF ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2006-11 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, NO. 07/26- CIVIL TERM V. LESLIE MULLEN 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 LESLIE MULLEN is over 18 years of age and resides at, 1047 BRENTWATER ROAD, CAMP HILL, PA 17011. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. u i DANIEL G. SC IE , ESQUIRE Attorney for Plaintiff 'ITS 4r 41. Na mril r ko ft. (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2006-11 COURT OF COMMON PLEAS 7105 CORPORATE DRIVE CIVIL DIVISION Plaintiff, NO. 07/26- CIVIL TERM V. LESLIE MULLEN Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on ? 200 By: If you have any questions concerning this matter, please contact: v . c C-1 DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." 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 2006-11 Plaintiff, No. 07/26- CIVIL TERM V. . LESLIE MULLEN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/05/07 to JUNE 13, 2007 (per diem -$23.06) $140,301.01 $2,951.68 and Costs TOTAL $145,017.19 Add'1 fees $1,764.5 DANIEL G. SC G, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 146347 W , W Q H w o? ?AVa ?H CPA 41 W pO ?wa'v? WW ?Wcj ?v W a w a o ? S ?a O d w o$ 00 v a V-k a d a v A a d ? w r W r G ki u C-C ry ? .. ILA y n ?'? - pa e ...L- Tfyj M 11! r?- LEGAL DESCRIPTION t" . ALL that certain lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public township road (T-587), which leads to State Highway No. 114, which said point is at the southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, said point being referenced as north 80 degrees east, as measured along and through said public township road (T-587), a distance of one hundred seventy and thirteen one-hundredths (170.13) feet from a railroad spike in said road marking the common corner of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, and lot now or formerly of Robert D. Weaver and Linda Weaver Pantaloni; thence along the line of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, north 10 degrees west, one hundred forty (140) feet to a point; thence along the line of other lands now or formerly of William H. Hollinger, of which was a part, north 80 degrees east, one hundred five (105) feet to a point; thence along the line of land of the same south 10 degrees east, one hundred forty (140) feet to a point in the center line of the public township road (T-587), aforementioned; thence along the center line and through said road, south 80 degrees west, one hundred five (105) feet to a point in said road, at the aforesaid southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, the place of BEGINNING. HAVING thereon erected a brick ranch dwelling known and numbered as 8 Pleasant View Drive. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record of that which a physical inspection or survey of the premises would reveal. BEING known as Parcel 438-22-0144-055. BEING the same premises which Thien T. Nguyen and Hoa T. Nguyen, his wife, by deed dated June 19, 2003 and recorded September 25, 2003 in Cumberland County in Deed Book Volume 259, Page 2470 granted and conveyed unto Leslie J. Mulen, single man. PREMISES BEING 8 PLEASANT VIEW DRIVE File #: 146347 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-26 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 2006-11, Plaintiff (s) From LESLIE MULLEN (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 $140,301.01 L.L. $.50 Interest FROM 2/5/07 TO 6/13/07 (PER DIEM - $23.06) - $2,951.68 AND COSTS Atty's Comm % Atty Paid $153.00 Plaintiff Paid Date: FEBRUARY 13, 2007 (Seal) Due Prothy $1.00 Other Costs ADD'L FEES - $1,764.50 C is R. Lon thonot By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy 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 2006-11 Plaintiff, V. . LESLIE MULLEN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07/26- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. r"Jo v ? P'-? - 3 ?'h'o'u * DANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff a ?s "?'? ? ?? ??-?' '? - .."" fi '' " _ tx r . 43 c.... ?-; ?- ?' C-, ? anf ? ? ?? C? .. ...a ? BANK OF NEW YORK AS TRUSTEE FOR THE -CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 V. LESLIE MULLEN Plaintiff, Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07/26- 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 2006-11, 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 A PLEASANT VIEW DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LESLIE MULLEN 1047 BRENTWATER ROAD CAMP HILL, PA 17011 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) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA MSN # SVB 314 CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 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. L, February 5, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff sue; ? ?? J r BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 Plaintiff, V. LESLIE MULLEN Defendant(s). CUMBERLAND COUNTY No. 07/26- CIVIL TERM February 5, 2007 TO: LESLIE MULLEN 1047 BRENTWATER ROAD CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at, 8 PLEASANT VIEW DRIVE, MECHANICSBURG, PA 17050, 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 $140,301.01 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-11 (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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public township road (T-587), which leads to State Highway No. 114, which said point is at the southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, said point being referenced as north 80 degrees east, as measured along and through said public township road (T-587), a distance of one hundred seventy and thirteen one-hundredths (170.13) feet from a railroad spike in said road marking the common corner of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, and lot now or formerly of Robert D. Weaver and Linda Weaver Pantaloni; thence along the line of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, north 10 degrees west, one hundred forty (140) feet to a point; thence along the line of other lands now or formerly of William H. Hollinger, of which was a part, north 80 degrees east, one hundred five (105) feet to a point; thence along the line of land of the same south 10 degrees east, one hundred forty (140) feet to a point in the center line of the public township road (T-587), aforementioned; thence along the center line and through said road, south 80 degrees west, one hundred five (105) feet to a point in said road, at the aforesaid southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, the place of BEGINNING. HAVING thereon erected a brick ranch dwelling known and numbered as 8 Pleasant View Drive. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record of that which a physical inspection or survey of the premises would reveal. BEING known as Parcel #38-22-0144-055. BEING the same premises which Thien T. Nguyen and Hoa T. Nguyen, his wife, by deed dated June 19, 2003 and recorded September 25, 2003 in Cumberland County in Deed Book Volume 259, Page 2470 granted and conveyed unto. Leslie J. Mulen, single man. PREMISES BEING 8 PLEASANT VIEW DRIVE t#: 146347 C7 a Q '"Yi 1 ` { 1/''-? - 7 m r? CASE NO: 2007-00026 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK VS MULLEN LESLIE J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon MULLEN LESLIE K the DEFENDANT , at 1308:00 HOURS, on the 5th day of January-, 2007 at 1047 BRENTWATER ROAD CAMP HILL, PA 17011 LESLIE MULLEN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's ' Costs: Docketing 6.00 Service 13.20 Affidavit .00 Surcharge 10.00 .00 29.20 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/08/2007 PHELAN HALLINAN SCHMIEG By: /De(uty Sheri A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-00026 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK VS MULLEN LESLIE J R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT MULLEN LESLIE J but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , , NOT FOUND , as to the within named DEFENDANT MULLEN LESLIE J 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 8 PLEASANT VIEW DRIVE IS VACANT. Sheriff's Costs: So answers- Docketing 18.00 Service 8.80 Not Found 5.00 R. Tho s Kline Surcharge 10.00 Sheriff of C mberland County .00 41.80 PHELAN HALLINAN SCHMIEG 01/08/2007 D Sworn and Subscribed to before me this day of , A. D. PHELAN HALLINAN & SCHMIEG, LLP b 6 Michele M Bradford Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF y. , 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 215 56'3-7000 Bank of New York As Trustee for the Certificateholders Court of Common Pleas CWABS, Inc., Asset-Backed Certificates, Series 2006-11 Plaintiff Civil Division vs. Leslie J. Mullen : Cumberland County : No. 2007-26-CIVIL TERM Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on January 3, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "All? 2. Judgment was entered on February 13, 2007 in the amount of $140,301.01. 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 Defendant' behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $131,821.91 Interest Through 6/13/07 10,001.09 Per Diem $28.86 Late Charges 145.14 Legal fees 1,675.00 Cost of Suit and Title 807.00 Sheriffs Sale Costs 0.00 Property Inspections 480.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 0.00 TOTAL $144,930.14 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 Defendant. 8. 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 Defendant on April 17, 2007 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and postmarked certificate of mailing is 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: Phelan Hallinan & Schinieg, LLP B y: r ichele M. Bradfo , Esquire 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 2006-11 Plaintiff vs. Leslie J. Mullen Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas Civil Division : Cumberland County No. 2007-26-CIVIL TERM MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 8 Pleasant View Drive, Mechanicsburg, PA 17050. 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. v1 the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriff s Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant 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. Nationsbane Mortgage Con?. 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. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Companv 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 Defendant 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 Defendant's 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 mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, tees and other assessments relating to the Property. The mortgagor has 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 Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well 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 Shopping Center, 68 D&C 2d'751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. S DATE: _ Phelan Hallman & Schmieg, LLP By: M the e M. Bradfo , quire Attorney for Plaintiff Exhibit "A" 01 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE; 1400 PHILADELPHIA, PA 19103 (215) 563-7000 146347 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. LESLIE .I. MULLEN 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. n ^t - a Jr, CUMBERLAND COUNTY r-a Defendant PSG T' r,:r CTVIL ACTION - LAW -` COMPLAINT IN MORTGAGE FORECLOSURE V+ -- t NOTICE You have been sued in court. If you wish to defend against the claims set forth in the f6llow 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, W 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 tel. P OMEN RCO? , P"FEWN certify the J be a true and "IPy Of the . ad of rennnl File #: 146347 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 21( 5) 563-7000 146347 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. LESLIE J. MULLEN 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 Defendant 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 maybe 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. We hereby cerRy the Within to pe a true and "`fir ct copy of the Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 146347 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 #; 146347 I . Plaintiff is BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 The name(s) and last known address(es) of the Defendant(s) are: LESLIE J. MULLEN 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 04/12/2006 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: 1948, Page: 1577. 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 08/01/2006 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 #: 146347 6. The following amounts are due on the mortgage: Principal Balance $131,821.91 Interest 5,296.06 07/01/2006 through 12/28/2006 (Per Diem $29.26) Attorney's Fees 11-250.00 Cumulative Late Charges 241.90 04/12/2006 to 12/28/2006 Cost of Suit and Title Search 550.00 Subtotal $ 139,159.87 Escrow Credit 0.00 Deficit 0.00 Subtotal 0.00 TOTAL $ 139,159.87 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania lave, 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 $ 139,159.87, together with interest from 12/28/2006 at the rate of $29.26 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEL LLINAN & SCHMIEG, LL - By: I rancis S. Hal roan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 146347 LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public township road (T-587), which leads to State Highway No. 114, which said point is at the southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, said point being referenced as north 80 degrees east, as measured along and through said public township road (T-587), a distance of one hundred seventy and thirteen one-hundredths (170.13) feet from a railroad spike in said road marking the common corner of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, and lot now or formerly of Robert D. Weaver and Linda Weaver Pantaloni; thence along the line of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, north 10 degrees west, one hundred forty (140) feet to a point; thence along the line of other lands now or formerly of William H. Hollinger, of which was a part, north 80 degrees east, one hundred five (105) feet to a point; thence along the line of land of the same south 10 degrees east, one hundred forty (140) feet to a point in the center line of the public township road (T-587), aforementioned; thence along the center line and through said road, south 80 degrees west, one hundred five (105) feet to a point in said road, at the aforesaid southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, the place of BEGINNING. HAVING thereon erected a brick ranch dwelling known and numbered as 8 Pleasant View Drive. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record of that which a physical inspection or survey of the premises would reveal. BEING known as: Parcel #38-22-0144-055. BEING the same premises which Thien T. Nguyen and Hoa T. Nguyen, his wife, by deed dated June 19, 2003 and recorded September 25, 2003 in Cumberland County in Deed Book Volume 259, Page 2470 granted and conveyed unto Leslie J. Mulen, single man. PREMISES BEING- 8 PLEASANT VIEW DRIVE File #: 146347 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHivIIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA I9I03-1814 (215) 563-7000 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, v.. LESLIE MULLEN Defendant(s). r{ LU 7 CUMBERLAND COUNTS :7 COURT OF COMMON PkAS- CIVIL DIVISION NO. 07126- CIVIL TERM F PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: 0 P r- Kindly enter an in rem judgment in favor of the Plaintiff and against LESLIE MULLEN, 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 $139,159.87 Interest from 12/29/06 to 02/05/07 $1,141.14 TOTAL $140,301.01 7 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. ,4j b ?r DANIEL G. SCHMIEG, ESQUIRE ' Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 146347 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 micl-iele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey April 17, 2007 Leslie J. Mullen 1047 Brentwater Road Camp Hill, PA 17011 RE: Bank of New York As Trustee for the Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-11 vs. Leslie J. Mullen Premises Address: 8 Pleasant View Drive, Mechanicsburg, PA 17050 Cumberland County CCP, No.. 2007-26 CIVIL TERM Dear Defendant, 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. Ve, yours, i Mi hele M. radfo squire For Phelan Hallinan & Schmieg, LLP Enclosure a? w m .V IA O P4 ?a ?6 ? 900ad1z 08:1 °zvooo coot c ? ddi wL zo 46.0 S G 7Nlfd ® Z- . Z&Od Q h c' T 4 a 0 ? T L'A ? V ? a 4 a 7 td ?+ y„ U1 V1 m m 00 ° co 5 spa. ? 1 r- ? M `a d z, d o ?^ac ? r ? ? V .N G a' ? N. o ?3 Yo on ? G ai N ? G U U Q, P a. 0 J ? td ? w U4?„7 N ? O m U 0 7K G a f M Vcdj T O o? a w? ; o d U U o H o? U 00 ON 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 unswom falsification to authorities. Phela al, lIarv $?chpieg, LL?' DATE: A By: i ! r'? Bad rd, Esquire ichel V. Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP b • Michele M Bradford Esquire Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF y. , 1617 John F. Kennedy Boulevard, Suite 1400 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 2006-11 Plaintiff Civil Division vs. Leslie J. Mullen : Cumberland County : No. 2007-26-CIVIL TERM Defendant 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 individual on the date indicated below. Leslie J. Mullen 8 Pleasant: View Drive Mechanicsburg, PA 17050 DATE: Leslie J. Mullen 1047 Brentwater Road Mechanicsburg, PA 17050 Ply 1m,'fl,41 n* Schmie LISP Michele M.'Bradford, Usqire Attorney for Plaintiff AFFWA'VIT OF SU'VICE pLAXNTIFF BANK OF NEW 'YORE: AS TRUSTEE FOIR C?E>??1VD COUNTY THE CERTIFICATEHOTIDM r INC., ASSET BAC) CERT[) 1CA? Na. ?712d- CI ;M TERM $SIRMS 2004-11 ACCT. VIVL DEPENDANT(S) LFSLIE MULLEN Type of Actlon )"H S# l 4341 SERVE LESLIE MULLEN AT ' Noth* of Sherh4re Sale 1047 9RErNTWATER ROAD CAMP HILL, PA 17011 Sate Date: JUNE 13,2W7 SERVED Served and made known to il? es Gt (C. at Dettdan?, aq --- LO_ &V of r'C 6 O o'cloep .m., at 0`d } Rd no 7 ?wn?u?ealfh 0""m yWAWa, in the mmw descn'hed below: Defeadat wsoiWlyr served. - A t &4 member wM whoa perms) r"a}_ Name and Re -Adult in dbarp ofDea} s residence who refused, Wonip gNe d. none or -.?- reJaOpnsh p• MM49ftA 3Wk ofplaw of in A 8 ' whin!, Delbndaat(s),rslde(g), -gent or person in cllarge of DOANXIBUKsys office or usual pkwof bps. an officer of said Delude o's company. -?Othe?•: Description: AgeSr-Gf Height SSG" we'&L Ls Race. \,a Sex 1, ' A Other - 4* S " 6 competent aduk, being duly awora a true and egtrect copy of the NAMdMoks yak In the mambr as set 0000to law, depose and Am mat I pOM? handed the add indicated above. . issued is the captioned case on the date and at Sworn to and suhscrihr.4 =day 200,7 /j .. - lay. z ?. sumrj' mKY1CE AT LEAST 3 TOM I KATE DATRS State o; New Jersey TOM OF SISRVICE A7"1'PT&D. PATRICIA E. HARRIS NOT &MVED Commission Expires June 16, M O° the _ day of 200 -' at _, o'clock -.m., Defendant NOT PouND because: Moved Unknown No Answer .-,.., vacant lot Attempt: I f Time: Ad --:-z A><t?pt: I 3rd Attempt; Time: f _Time: Sworn to and subscribed before me this day of 200, Notary ? By Aherne-?forPlai " Danfiel G. S¢ eghmicg, p synire - Lb. No. 62205 Y If _n Ln C..1 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-11, PLAINTIFF V. LESLIE J. MULLEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0026 CIVIL ORDER OF COURT AND NOW, this 30th day of April, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before May 21, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ichelle M. Bradford, Esquire Counsel for Plaintiff slie J. Mullen (P., Defendant bas sk-?, M. L. Ebert, Jr., J. 'yyii %AM r 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 2006-11 Plaintiff VS. Leslie J. Mullen Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Cumberland County : No. 2007-26-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of May 21, 2007 was sent to the following individual on the date indicated below. Leslie J. Mullen 8 Pleasant View Drive Mechanicsburg, PA 17050 DATE: v ` Leslie J. Mullen 1047 Brentwater Road Mechanicsburg, PA 17050 Phelan Hallinan & Sc ieg, LLP B ch le . Br df d, squire Attorney for Plaintiff ? ° ? G_ - ? .? .? ?? ??v;, Y? ??? ? ? .,mil t?? y?? 4*? ^?ry ` ? .? t ? } PHELAN HALLINAN & SCHMIEC, 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 2006-11 Plaintiff vs. Leslie J. Mullen Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007-26-CIVIL TERM MOTION TO MAKE RULE ABSOLUTE Bank of New York As Trustee for the Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-11, 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 Defendant 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 10, 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. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21.2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. CHMIEG, LLP MWB?r?adeord,t4c?iire Date chAttorney 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 2006-11 Plaintiff vs. Leslie J. Mullen Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007-26-CIVIL TERM 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 Defendant 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 10, 2007 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 21, 2007. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. SCHMIEG, LLP Date Attorney for the Plaintiff Exhibit "A" BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-11, PLAINTIFF V. LESLIE J. MULLEN, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-0026 CIVIL ORDER OF COURT AND NOW, this 30th day of April, 2007, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before May 21, 2007; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, 1?*-ANr, ?=\A -_ __ M. L. Ebert, Jr., J. Michelle M. Bradford, Esquire Counsel for Plaintiff Leslie J. Mullen Defendant bas Exhibit "B" o 0 _ __j -ri rzi ? r l f.. _ ?J r Q 1} 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 Certificate ders CWABS, Inc., Asset-Backed Certificates, S 6-11 Plaintiff \?- s ?? VS. Leslie J. Mullen Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 2007-26-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy Wing Motion to Reassess Damages noting a Rule Return date of May 21, 2007 was sent.toth I individual on the date indicated below. : VQ\ Leslie J. Mullen 8 Pleasant View Drive Mechanicsburg, PA 17050 DATE: O U'1 Leslie J. Mullen 1047 Brentwater Road Mechanicsburg, PA 17050 P lanallinan & Sc ieg, LLP B v6ch e M. B f uire ` „•? Attorney for Plaintiff 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 falsific 'on of authorities. Michele M. Bradfo squire 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 2006-11 Plaintiff VS. Leslie J. Mullen Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 2007-26-CIVIL TERM 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. Leslie J. Mullen 8 Pleasant View Drive Mechanicsburg, PA 17050 DATE: 61 Leslie J. Mullen 1047 Brentwater Road Mechanicsburg, PA 17050 Ph Hallinan & Schmie L dy: Michele 94. Bradfo quire Attorney for Plaintiff MAY 30 20074?? 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 2006-11 Plaintiff Civil Division vs. Leslie J. Mullen Defendants Cumberland County No. 2007-26-CIVIL TERM ORDER AND NOW, this I S? day of -S-3%t. , 2007, upon consideration of Plaintiffs 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 Plaintiffs 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 $131,821.91 Interest Through 6/13/07 10,001.09 Per Diem $28.86 Late Charges 145.14 Legal fees 1,675.00 Cost of Suit and Title 807.00 Sheriffs Sale Costs 0.00 Property Inspections 480.00 Appraisal/Brokers Price Opinion 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Ins. NSF (Non-Sufficient Funds charge) 0.00 'd l : t I WV I - n1 LUO4 3,? JO Suspense/Misc. Credits Escrow Deficit TOTAL 0.00 0.00 $144,930.14 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. BY THE COU T: J. Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradfordlafedhe.com Leslie J. Mullen 1047 Brentwater Road ' 4,01-0-7 Camp Hill, PA 17011 Leslie J. Mullen 8 Pleasant View Drive Mechanicsburg, PA 17050 146347 Bank of New York as Trustee for the In the Court of Common Pleas of Certicate Holders CWABS, Inc., Asset-Backed Cumberland County, Pennsylvania Certificates, Series 2006-11 Writ No. 2007-26 Civil Term VS Leslie Mullen Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on March 20, 2007 at 1720 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant to wit: Leslie Mullen, by making known unto Leslie Mullen, personally, at 1047 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on April 18, 2007 at 0900 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 Leslie Mullen, located at 8 Pleasant View Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Leslie Mullen, by regular mail to her last known address of 1047 Brentwater Rd., Camp Hill, PA 17011. This letter was 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 instruction from Attorney Daniel Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 20.23 Advertising 15.00 Posting Handbills 15.00 Mileage 23.04 Levy 15.00 Surcharge 20.00 Prothonotary 1.00 Law Library .50 Share of Bills 16.17 Law Journal 473.00 Patriot News 402 98 . $1,031.92 V L,10y101 9,n So Answers R. Thomas Kline, Sheriff BY j Real Estate S geant ,, s' C._S8410 211 if 3.5'63 BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- CUMBERLAND COUNTY BACKED CERTIFICATES, SERIES 2006-11 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION LESLIE MULLEN NO. 07/26- CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-11, 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 ,8 PLEASANT VIEW DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) LESLIE MULLEN 1047 BRENTWATER ROAD CAMP HILL, PA 17011 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) AMERICA'S WHOLESALE LENDER 4500 PARK GRANADA MSN # SVB 314 CALABASAS, CA 91302 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 8 PLEASANT VIEW DRIVE MECHANICSBURG, PA 17050 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. U J February 5, 2007 O'A " 1) ? - ? ?'bm-vq DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff f BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET- BACKED CERTIFICATES, SERIES 2006-11 Plaintiff, V. LESLIE MULLEN Defendant(s). CUMBERLAND COUNTY No. 07/26- CIVIL TERM February 5, 2007 TO: LESLIE MULLEN 1047 BRENTWATER ROAD CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 8 PLEASANT VIEW DRIVE, MECHANICSBURG, PA 17050, 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 $140,301.01 obtained by BANK OF NEW YORK AS TRUSTEE FOR THE CERTIFICATEHOLDERS CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2006-11 (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. i You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION 10, 1 ALL that certain lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public township road (T-587), which leads to State Highway No. 114, which said point is at the southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, said point being referenced as north 80 degrees east, as measured along and through said public township road (T-587), a distance of one hundred seventy and thirteen one-hundredths (170.13) feet from a railroad spike in said road marking the common corner of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, and lot now or formerly of Robert D. Weaver and Linda Weaver Pantaloni; thence along the line of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, north 10 degrees west, one hundred forty (140) feet to a point; thence along the line of other lands now or formerly of William H. Hollinger, of which was a part, north 80 degrees east, one hundred five (105) feet to a point; thence along the line of land of the same south 10 degrees east, one hundred forty (140) feet to a point in the center line of the public township road (T-587), aforementioned; thence along the center line and through said road, south 80 degrees west, one hundred five (105) feet to a point in said road, at the aforesaid southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, the place of BEGINNING. HAVING thereon erected a brick ranch dwelling known and numbered as 8 Pleasant View Drive. UNDER AND SUBJECT, nevertheless, to all easements, restrictions, encumbrances and other matters of record of that which a physical inspection or survey of the premises would reveal. BEING known as Parcel #38-22-0144-055. BEING the same premises which Thien T. Nguyen and Hoa T. Nguyen, his wife, by deed dated June 19, 2003 and recorded September 25, 2003 in Cumberland County in Deed Book Volume 259, Page 2470 granted and conveyed unto Leslie J. Mulen, single man. PREMISES BEING 8 PLEASANT VIEW DRIVE File #: 146347 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-26 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 2006-11, Plaintiff (s) From LESLIE MULLEN (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 $140,301.01 L.L. $.50 Interest FROM 2/5/07 TO 6/13/07 (PER DIEM - $23.06) - $2,951.68 AND COSTS Atty's Comm % Atty Paid $153.00 Plaintiff Paid Due Prothy $1.00 Other Costs ADD'L FEES - $1,764.50 Date: FEBRUARY 13, 2007 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 2 Curti T1. Long, Pro otary By: Deputy Supreme Court ID No. 62205 Cif r1jul GR) Real Estate Sale # 49 On February 23, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Silver Spring Township, Cumberland County, PA Known and numbered as 8 Pleasant View Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 23, 2007 By: ;J Q Real Est 2e "Sergeant q I :Z c 1?` 1 10i3, j LL6l _..-1.r _, 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. "02- e-- i Marie Coyne, E for SWORN TO AND SUBSCRIBED before me this 4day of May, 2007 -,,., . a,.ry 0-•hf;c REAL. ESTATE SALE NO. 49 Writ No. 2007-26 Civil Bank of New York as Trustee for the Certificateholders CWABS, Inc., Asset-Backed Certificates, Series 2006-11 vs. Leslie Mullen Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain lot of ground situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the public township road (T-587), which leads to State Highway No. 114, which said point is at the southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, said point being referenced as north 80 degrees east, as measured along and throw said public township road (1'-587), a distance of one hundred seventy and thirteen one-hun- dredths (170.13) feet from a rail- road spike in said road marking the common corner of said lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, and lot now or formerly of Robert D. Weaver and Linda Weaver Pantaloni; thence along the line of said lot now or for- merly of Charles E. Eckert and Sara M. Eckert, his wife, north 10 de- grees west, one hundred forty (140) feet to a point; thence along the line of other lands now or formerly of William H. Hollinger, of which was a part, north 80 degrees east, one hundred five (105) feet to a point; thence along the line of land of the same south 10 degrees east, one hundred forty (140) feet to a point in the center line of the public town- ship road (T-587), aforementioned; thence along the center line and through said road, south 80 degrees west, one hundred five (105) feet to a point in said road, at the afore- said southeast corner of lot now or formerly of Charles E. Eckert and Sara M. Eckert, his wife, the place of BEGINNING. HAVING thereon erected a brick ranch dwelling known and num- bered as 8 Pleasant View Drive. UNDER AND SUBJECT, never- theless, to all easements, restric- tions, encumbrances and other matters of record of that which a physical inspection or survey of the premises would reveal. BEING known as parcel #38-22- 0144-055. BEING the same premises which Thien T. Nguyen and Hoa T. Nguyen, his wife, by deed dated June 19, 2003 and recorded September 25, 2003 in Cumberland County in Deed Book volume 259. Page 2470 granted and conveyed unto Leslie J. Mulen, single man. PREMISES BEING 8 PLEASANT VIEW DRIVE. ,l 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#49 Sworn to and subscribed be6M1M WlEA6 ldn'1 8i!130q 1 .D. Notarial Seal Terry L. Hussell, Notary Pu biir? City of Harrisburg, Daupnir County My Commission Expires l_) n. E, 2010 mbpr, p yncid„ar;5 ,r,, of Notaries NO ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013