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HomeMy WebLinkAbout07-0618MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff File 1.05785 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1 450 West 33rd Street, 15th Floor New York, NY 10001, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, No.: 1. ! V L ?11?71 V s. CIVIL ACTION MORTGAGE FORECLOSURE Delores J. Taylor 427 South York Street Mechanicsburg, PA 17055, Defendant. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 NOTICE PURSUANT TO FAIR DEBT COLLECTION PRACTICES ACT 1. This communication is from a debt collector. This is an attempt to collect a debt and any information obtained will be used for that purpose. 2. Unless you dispute the validity of this debt, or any portion thereof, within 30 days after receipt of this notice, the debt will be assumed to be valid by our offices. 3. If you notify our offices in writing within 30 days of receipt of this notice that the debt, or any portion thereof, is disputed, our offices will provide you with verification of the debt or copy of the Judgment against you, and a copy of such verification or judgment will be mailed to you by our offices. MILSTEAD & ASSOCIATES, LLC BY:Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1, 450 West 33rd Street, 15th Floor New York, NY 10001 Vs. Plaintiff, Delores J. Taylor 427 South York Street Mechanicsburg, PA 17055, Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: CIVIL ACTION MORTGAGE FORECLOSURE COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1 (the "Plaintiff'), is a Delaware corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 450 West 33rd Street, 15th Floor, New York, NY 10001. 2. Defendant, Delores J. Taylor, (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. Nathan Taylor departed this life on August 24, 1983, thereby vesting all right, title and interest to the Defendant, Delores J. Taylor. 3. Delores J. Taylor, Defendant, resides at 427 South York Street, Mechanicsburg, PA 17055. 4. On June 25, 2002, in consideration of a loan in the principal amount of $23,000.00, the Defendant executed and delivered to Wilmington National Finance, Inc. a note (the "Note") with interest thereon at 9.500 percent per annum, payable as to the principal and interest in equal monthly installments of $193.40 commencing August 1, 2002. 5. To secure the obligations under the Note, the Defendant executed and delivered to Wilmington National Finance, Inc. a mortgage (the "Mortgage") dated June 25, 2002, recorded on July 3, 2002 in the Department of Records in and for the County of Cumberland under Mortgage Book 1764, Page 0001. Pursuant to Pa.R.C.P. 1019 (g) the mortgage is incorporated herein by reference. 6. The Mortgage secures the following real property (the "Mortgaged Premises"): 427 South York Street, Mechanicsburg, PA 17055. A legal description of the Mortgaged Premises is attached hereto as Exhibit "A" and made a part hereof. 7. The Defendant is in default of his/her obligations pursuant to the Note and Mortgage because payments of principal and interest due August 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 8. The following amounts are due on the Mortgage and Note: Balance of Principal .................................. $21,875.15 Accrued but Unpaid Interest from 7/1/06 to 1/30/07 @ 9.500% per annum ($5.69 per diem) ..........................................$1,217.66 Accrued Late Charges ......................................$38.68 Corporate Advance ......................................$1,284.00 Title Search Fees ............................................$350.00 Deferred Late Charges ......................................$49.35 Reasonable Attorney's Fees ........................$1,250.00 TOTAL as of 01/30/2007 ..........................$26,064.84 Plus, the following amounts accrued after January 30, 2007: Interest at the Rate of 9.500 per cent per annum ($5.69 per diem); Late Charges of $9.67 per month. 9. Plaintiff has complied fully with Act No. 91 (35 P. SA 1680.401(c) of the 1983 Session of the General Assembly ("Act 91 ") of the Commonwealth of Pennsylvania, by mailing to the Defendant at 427 South York Street, Mechanicsburg, PA 17055 as well as to address of residences as listed in paragraph 3 of this document on November 1, 2006, the notice pursuant to § 403-C of Act 91, and the applicable time periods therein have expired. True and correct copies of such notices are attached hereto as Exhibit "B" and made apart hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 8, namely, $26,064.84, plus the following amounts accruing after January 30, 2007, to the date of judgment: (a) interest of $5.69 per day, (b) late charges of $9.67 per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. MILSTEAD & ASSOCIATES, LLC Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff VERIFICATION I, Chrisovalante P. Fliakos, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C. S. ' 4904, relating to unsworn falsification to authorities. Name: Chrisovalante P. Fliakos, Esquire Title: Attorney E) FMIT "A" ALL that certain lot of ground situate on.the east side of York Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: On the North by lot now or formerly of Ezra T. Heisey; on the East by a twenty (20) feet wide alley; on the South by lot now or formerly of Elwood W. Newhart, being the remaining portion of a larger lot of ground owned by said Elwood W. Newhart, a portion if which if herein described; and on the West by South York Street, Having a frontage of thirty (30) feet on South York Street, and extending in depth, an equal width, one hundred and sixty-one (161) feet to said public alley, and HAVING THEREON ERECTED a two and one-half story frame dwelling house (being the northern one-half of a double house), known and numbered as No. 427 South York Street, Mechanicsburg, Pennsylvania. BEING the same premises which Charles M. Shank and Frances S. Shank, his wife by Deed dated 2/19/1959 and recorded 2/19/1959 in the Office of the Recorder of Deeds in and for Cumberland County in Book Y-1 8, Page 66 granted and conveyed unto Nathan Taylor and Delores J. Taylor, his wife, in fee. The said Nathan Taylor has since departed this life on 8/24/1983, thereby vesting all right, title, and interest in said premises to Delores J. Taylor by operation of law, as the surviving tenant by the entirety. BEING parcel number 20-24-0785409. EXHIBIT v ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is a_n official notice tat the mortaaeee of Mg home in default. an the lender 'ntm to fCn'eCh SP.420C information about the nature of the default is nr "ded in the attad?ed pages. home This antic awlains haw the Program works To seg if A"AP can l?lP 5= must MEET i'.' A CONSUNERCREDIT COUNSELING AGENCY W1 1W 30 DAYS OF THE DATE OF TMS NOTICE Takc this notice with you when you meet with the C(mi - linag Aa?enev. The name address and phone number of CM:1>= !QMdjt Cainsding Agencies servicing r .cmirtv are listed at the end of this Notice, If have any questions you may call the Peansidyania Housi m Finance A„&M toll free ?r 1 800 342 2397 X imit?l hearing can call (717) 790-1969: sn= with This Notice contains legal infarmation. If you have'any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help yPu find a lawyer. LA NOTTFICACION EN ADJUNTO ES DE SUMA DAPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SI CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTI nCACION OBTENGA UNA TRADUCCION WMIEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGTBLE PARA UN PRESTAMO POR EL PROGRAMALLAMADO " HOMEOWER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE DALVAR SU CASA DE LA PERDOD DEL DERECHO A REDMIR SU HIPOTECA. November 1, 2006 Delores Taylor 427 SOUTH YORK STREET MECHANICSBURG PA 170555405 LOAN ACCT NO.: 135343 ORIGINAL LENDER: Popular Mortgage Servicing, Inc. CURRENT LENDERISERVICER: Popular Mortgage Servicing, Inc. YOU MAY BE E IMLE FOR FINANCIAL ASSISTANCE WEUCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure oa you mortgage for thirty (30) days from the date of this Notice. During that time yon must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. 32M MEETING MUST OCCUR WITHIN THE NEXT f301 DAYS IE YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE- YOU B ii4u'r YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGED Pl TO DAIM, CONSUMER CREDIT COUNSELING AGENCIES - if you meet with one of the consumer credit counseling agencies listed at the end of this.notice, the knc(cr may NOT take action against you for thirty (30) days after the date of this meeting. The nrWM address A W t -b,on9 numbers of desiQnat? con_sL?+r+(o cm,naplin¢ no--,es &.r the qty in which the p is located are set f n-th at he end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immoia I of your intentions. APPLICATION FOR MMIGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for f nawal assistance from the Homeovmces Emergency Mortgage Assistance Program. To do so, you must 811 out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the cad of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-tD-face meeting. YOU M STJ FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AG EMY ACTION- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act, The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after 'it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF TEL DEFAULT - The MORTGAGE debt held by the above leader on your property located at. 427 SOUTH YORK STREET NIECHANICSBURG PA 17055 LS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months are now past due: August 2006 - October 2006 at $193.40 per month, totaling $580.20 plus the following: Escrmv: $0.00 Current Late Charges: $29.01 Deferred Late Charges: $49.35 NSF Charges: $0.00 TOTAL AMOUNT PAST DUE: 5658.56 HOW Tn rrrtiF . . DEFAULT- You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $58020 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's*checic or more order made payable and sent to: Popular Mortgage Servidn¢_Inc. ul WoodcrestRoad' Usm IIr7l New Jersey 08M I E YOU DO NOT CURE THE DEFATn T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortIPW in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FS1, RECLOSRI UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgaged debt. If the lender refers your case to its attorneys, but you care the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fecs actually incurred by the lender ever if they oweed $50.00. Any Attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT )QRIOR TO THE S ER_UES SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclose proceedings have begun, you will still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due, plus any late or charges then due, reasonable attorney's fees and costs connected with the Sheriffs Sale as specified in writing by the lender and by perform ing any other requirements under the mortgage. Caring the default in the manner set forth in this notice well restore your mortgage to the same position as if you had never defaulted. , 4 W hIms ew mare $wow" maanm 2 era „aO W. EARLIEST POSSIBLE SHERtF F!S SALE DATE -It is estimated that the earliest date that such a Sheriffs Sale of the mortgage property could be held would be approximately FIVE (5) months . from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to yW before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required paymentof the action will be by ccutacting the lender. Name of Lender Popular Mortgage Servicing, Inc. Address: 121 Woodcrest Road Chevy Hill, New Jersey 08003 Phone Number: 1-800-383-2292 Contact Person: Mark McGarvey 1+'_ CT OF THE SxEgur SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the tender at any time- ASSUMPTION OF MORTGAGE - You may or may not sell or transfer your home to a buyer or transferee who -,N iil assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fiees and costs arc paid prior to it at the sale and that the other requit a rents of the n x tgage are satisfied- Please contact: Popular Mortgage Servicing, Im. 121 Woodcrest Road Cherry Hill, NJ 08003 1-800-383-2292 TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THE DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE . YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR). TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDINGS OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS INCLUDED. -M Wxm 'O epees,{ tu."" e4[u1 ! = mow", Pennsylvania Housing Fina isAgenGYtance Program Homeowner's Emerengency Mortgage Consumer Credit Counseling Agencies CUMBERLAND Adams County Housing Authority 139-143 Carlisle St. Gettysburg PA_ 17325 (717) 334-1518 FAX (717)' 334-8325 kledfordra ha.org CCCS of Western PA 2000 Lingiestown Road Harrisburg PA 17102 (717) 541-1757 FAX (717) 541-4570 J eorrel l0c=pa. Org Community Action Commission of Captial Region 1514 Derry Street Harrisburg PA 17104 (717) 232-9757 FAX (717) 234-2227 lufcacepaonline,c m FinanCial Counseling Services of Franklin 43 Philadelrphia Avenue Waynesboro pA 17258 (717) 752-3285 717-762-0460 nataliePfCSi.COm Loveship. Inc. 2320 North 5th Street Harrisburg PA 17110 (717) 232-2207 lsopportunitiesO&Ol-mom PHFA 2101 North Front Street Harrisburg PA 17110 800-342-2397 7177803995 drotzlphf a. Org Urban League of Metropolitan Hbg 2107 N.'Sth Street Harrisburg PA 17101 (7t7) 2$4-5925 FAX (717) 234-9459 rnbullvdk@ 1.00m ply HMW WT 000 n 109. WIm- 2 or W.01171 ? ? ?-, ___, ` o ?? _- s ..? ?? ? b a ? a 1 - -? ?. ? ? ?~? ? C? f ?' r?..a ?-c ?? MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1, Plaintiff, Vs. Delores J. Taylor, Defendant(s). TO THE PROTHONOTARY: Attorney for Plaintiff File 1.05785 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-618 Civil Term Praecive to Reinstate Complaint in Mortgage Foreclosure Kindly reinstate the Complaint in Mortgage Foreclosure for the above captioned matter. MILSTEAD & ASSOCIATES, LLC Chrisovalante P. Fliakos, Esquire Attorney ID No. 94620 1 o ,? c x v MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1 450 West 33rd Street, 15th Floor New York, NY 10001, Plaintiff, Vs. Delores J. Taylor 427 South York Street Mechanicsburg, PA 17055, Defendant. for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-618 Civil Term PRAECIPE FOR JUDGMENT, INREM, FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter Judgment, in rem, in favor of Plaintiff and against Delores J. Taylor, Defendant, for failure to file an Answer on Plaintiff's Complaint within 20 days from service thereof and for Foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $26,064.84 Interest 1/31/07 through 05/17/07 608.83 Late Charges 38.68 Additional Corporate Advance 848.67 TOTAL $27,561.02 I hereby certify that (1) the addresses of the Plaintiff and Defendant is as shown above and (2) that notice has been given in accordance with Rule 237.1. copy attached. Chrisovalante P. Fliak , Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: IT? 3 ?-p a ? I 'lot THONOTARY MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1, Vs. Plaintiff, Delores J. Taylor, Defendant. Our file number: 1.05785 COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-618 Civil Term I I I I I I TO: Delores J. Taylor 427 South York Street, Mechanicsburg, PA 17055 DATE OF NOTICE: March 27, 2007 {00020971} THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATEMPT 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. Page I of 2 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 claims set forth against you. Unless you act within ten (10) 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 NOTICE TO DEFEND 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 MILSTEAD & ASSOCIATES, LLC By: Chrisovalante P. Fliakos, Esquire ID No. 94620 Attorney for Plaintiff {00020971} Page 2 of 2 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for COURT OF COMMON PLEAS Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate series #2003-1, Plaintiff, No.: 07-618 Civil Term Vs. Delores J. Taylor, Defendant. VERIFICATION OF NON-MILITARY SERVICE Pina S. Wertzberger, Esquire, hereby verifies that she is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, she has knowledge of the following facts, to wit: 1. that the defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier' and Sailors' Civil Relief Act of Congress of 1940, as amended, 2. defendant, Delores J. Taylor, is over 18 years of age and resides at 427 South York Street, Mechanicsburg, PA 17055. r"Zlek 4L hrisovalante P. Fli os, Esquire OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Prothonotary To: Delores J. Taylor JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series 92003-1, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Delores J. Taylor, Defendant. No.: 07-618 Civil Term NOTICE PURSUANT TO RULE 236 Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the ab =pro 1S.1 indi ed below. T. Prothonotary MORTGAGE FORECLOSURE JUDGMENT BY DEFAULT IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: CHRISOVALANTE P. FLIAKOS, ESQ. #94620 MILSTEAD & ASSOCIATES, LLC 856-482-1400 Notice Pursuant To Fair Debt Collection Practices Act This is an attempt to collect a debt and any information obtained will be used for that purpose. V _ W W / . 3 ? W V 1 ? Q i ra E"e3 G.? i_`J 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank as Trustee for Equity CIVIL ACTION One ABS, Inc. Mortgage/pass through certificate series #2003-1, NO.: 07-618 Civil Term Plaintiff, PRAECIPE FOR WRIT OF EXECUTION Vs. (Mortgage Foreclosure) Delores J. Taylor Defendant. TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; 3. and index this writ against the Defendant(s) as follows: Delores J. Taylor Real Property involved: 427 South York Street Mechanicsburg, PA 17055 Amount Due Interest from 5/18/07 to 9/5/07 at $4.53 per diem (6%) TOTAL (Costs to be added) DATE: May 17, 2007 $27,561.02 Respectively submitted, M?iilllstead & Associates, LLC Chrisovalante P. Fliakos, Esquire Attorney for Plaintiff 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 All that certain lot of ground situate on the East side of South York Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: On the North by lot now or formerly of Ezra T. Heisey; on the East by a twenty (20) feet wide alley; on the South by lot now or formerly of Elwood W. Newhart, being the remaining portion of a larger lot of ground owned by said Elwood W. Newhart, a portion of which is herein described; and on the West by South York Street. Having a frontage of thirty (30) feet on South York Street, and extending in depth, an equal width, one hundred and sixty-one (161) feet to said public alley, known and numbered as Number 427 South York Street, Mechanicsburg, Pennsylvania. Being known as 427 South York Street, Mechanicsburg, PA 17055 Tax Parcel Number: 20-24-0785-409 -s9, ! `6q. L,J W 4 ?., ;? ? ? pQ Oo o.G r 1 r-- ?-t4 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-618 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE FOR EQUITY ONE ABS, INC. MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2003-1, Plaintiff (s) From DELORES J. TAYLOR (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 $27,561.02 L.L. $.50 Interest FROM 5/18/07 TO 9/5/07 AT $4.53 PER DIEM (6%) Atty's Comm % Due Prothy $2.00 Atty Paid $170.40 Plaintiff Paid Date: MAY 23, 2007 (Seal) REQUESTING PARTY: Name CHRISOVALANTE P. FLIAKOS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Other Costs Deputy Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 94620 Aft MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for i COURT OF COMMON PLEAS Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate series #2003-1, No.: 07-618 Civil Term Plaintiff, Vs. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Delores J. Taylor, Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series 42003-1, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 427 South York Street, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Delores J. Taylor 427 South York Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known AV 4. Name and Address of the last recorded holder of every mortgage of record: JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1 (Plaintiff herein) 450 West 33rd Street, 15th Floor New York, NY 10001 Alliance Funding, a division of Superior Bank FSB One Ramland Road Orangsburg, NY 10962 Lasalle Bank National Association, as Trustee c/o EMC Mortgage Corporation 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant/Occupant 427 South York Street Mechanicsburg, PA 17055 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 I verify that the statements made in the 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. Section 4904 relating to unworn falsification to authorities. Chrisovalante P. Fli os, Esquire Attorney for Plaintiff Date: May 17, 2007 ? ?? ,?.7 -? ' a r 1 _ . --i?- (^i; ._ C_+3 % r!" .- ,- . ? + ..._. ` ? _?! ? ?h7 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1, Plaintiff, Vs. Delores J. Taylor, Defendant. Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-618 Civil Term NOTICE OF SHERRIF'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 TAKE NOTICE: Your house (real estate) at 427 South York Street, Mechanicsburg, PA 17055, is scheduled to be sold at sheriff's sale on September 5, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $27,561.02 obtained by JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 a 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 on a date specified by the Sheriff not later than thirty days after 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. _ 7. You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.05785 All that certain lot of ground situate on the East side of South York Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: On the North by lot now or formerly of Ezra T. Heisey; on the East by a twenty (20) feet wide alley; on the South by lot now or formerly of Elwood W. Newhart, being the remaining portion of a larger lot of ground owned by said Elwood W. Newhart, a portion of which is herein described; and on the West by South York Street. Having a frontage of thirty (30) feet on South York Street, and extending in depth, an equal width, one hundred and sixty-one (161) feet to said public alley, known and numbered as Number 427 South York Street, Mechanicsburg, Pennsylvania. Being known as 427 South York Street, Mechanicsburg, PA 17055 Tag Parcel Number: 20-24-0785-409 r-3 c..a SHERIFF'S RETURN - NOT SERVED CASE NO: 2007-00618 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS TAYLOR DELORES J R. Thomas Kline , Sheriff , who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: TAYLOR DELORES J unable to locate Her in his bailiwick COMPLAINT - MORT FORE but was He therefore returns the the within named DEFENDANT 427 SOUTH YORK STREET MECHANICSBURG, PA 17055 DEFENDANT FILED BANKRUPTCY NOT SERVED , as to ATTORNEY JAMES BACH 737-2033. Sheriff's Costs: So answers: f? Docketing 18.00 Service 8.80 Affidavit .00 R. Thomas Klifiie Surcharge 10.00 Sheriff of Cumberland County .00 36.801 MILSTEAD & ASSOCIATES 02/08/2007 Sworn and Subscribed to before me this day of , TAYLOR DELORES J A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-00618 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS TAYLOR DELORES J JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon mnvT.nT? nPT,nRRq J the DEFENDANT , at 2057:00 HOURS, on the 1st day of March , 2007 at 427 SOUTH YORK STREET MECHANICSBURG, PA 17055 by handing to DELORES TAYLOR 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: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 .00 37.60 3W16'? 41 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/02/2007 MILSTEAD & ASSOCIATES By:? De ty; Sheriff A.D. • MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1, COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff, Vs. Delores J. Taylor, Defendant. NO.: 07-618 Civil Term AFFIDAVIT PURSUANT TO Pa.R.C.P. 3129.2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Chrisovalante P. Fliakos, Esquire, being duly sworn according to law upon my oath, depose and say, 1. On June 18, 2007, a copy of the Notice of Sheriff's Sale of Real Property was served upon the defendant, Delores J. Taylor, by the Sheriff's Office of Cumberland County. A copy of the Sheriff's return is attached hereto and made a part hereof as Exhibit "A". 2. On May 22, 2007, a notice of Sheriff's Sale was served upon lien holders of record and interested parties by ordinary mail. A copy of the certificate of mailing is attached hereto and made a part hereof as Exhibit "B". Chrisovalante P. Fl akos, Esquire Attorney ID No. 94620 Milstead and Associates, LLC Dated: August 3, 2007 i, oS'?-65 r JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificates series # 2003-1 VS Delores J. Taylor Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2007 at 1527 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: Delores J. Taylor, by making known unto Delores J. Taylor personally, at 427 South York Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2007 at 1459 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 Delores J. Taylor located at 427 South York Street, 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: Delores J. Taylor, by regular mail to her last known address of 427 South York Street, Mechanicsburg, PA 17055. This letter was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. So Answers- R. Thomas Kline, Sheriff In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-618 Civil Term BY, Real Estate ergeant S a Z2 -0 Cn _0 - n O 0 T 2 n fl? i co V Qi tlt A w N 3 0 O O r M 0 ? rn Z CD racn ? Z m -• ;u r- C c CP a. 3 z 5.7- CD Q D W 0 m ?o Q 7 3 -n ZM.m go O -Oi O ym O • , ,. O N- Q n v r o ?, < ood a .? ?n ???d , w xbd? Ny ? ? m m . `° o ? C w o cD A co m , S Ln z C: a CJ cc c r_ x F;' O N 0 _ w cD , w ? ? ° d n 000DDb a Z5• ? ° w ra'?w Lo? 0 O? ? 0-d Loo > D0 » d C? w ' O ?o a CD • `d o ?' CD co a m A < O CD a O? < • N p ''''. n Cn CD N ? CA ? 0 y y p ? U) (D ' ? CD O G GO _?. 7 • N O (D y' a 0 ? o o x i 3W ? 0 ooEF N , m O U, ? i Q o. m 0 M . CD m m 9 i ' (D °_ : 3 to a 7 0_ 5 Sp . a m 1 , CD ? ? i a -0 -• -• 1 ro, m r. o s m i n p a - N 3 0 K w- 6.69 fn Q -? 0 =r ? m <= ° m m =( :m oc0 0 n. O. C)OX c O o ° D? m :3 -(A d O 3 o 3 m c 3°=C m a m m '0 y Q CD c, `°a E c 0j r c l a o a 2 c 3 n w r 1 5 0 v? w C, 1). m ? cn x• 3 0 CL M ::z U) 0 c ?O° tnD -i i? no 3 c Xm o ni O m m m y a m < c O m x C • m 57 0 C c m ci a= N w003 '3 TM m?Q o > xe ? m o a QZ M X CD . mom; m O - ofD ??Qrn-33a ? yi -n CA m0 Q3a :a y(D?c wm3. fu :3 0 ,< ? 0 C)_ 3 m °o m a ^= N ` m= o C m m Z g ° ? 't'QST ``il? m Q1ii 2 ? o m 3 - A ? S y rn o o ' m ?o mf° ' Q ? % m 0 Q o 0 n f Q 0 7 N }" y? R - V 1 E 5 '4 30 ' - •--- a c S y 7 (D m y@ 7 7 Q R_..._ Pi: t:F •?••? s n N 7 c In 7 l ?` r? {?{ {? + f V 0 $ 01 " • ?! O y • m (D C Oi 0 m 3 ' . r i I 6 2 0602388662 N4 AY 22 200' i ? p n nni ? m 3 v a? m "PvAILEDFRONAZIPGODE^0 80++2 m (D O m y ° CA = ' y .n N y m 19 - O CD O c n IT C n C h x U V.' i JP Morgan Chase Bank as Trustee for Equity In the Court of Common Pleas of One ABS, Inc. Mortgage/pass through Cumberland County, Pennsylvania certificates series # 2003-1 Writ No. 2007-618 Civil Term VS Delores J. Taylor Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on June 18, 2007 at 1527 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: Delores J. Taylor, by making known unto Delores J. Taylor personally, at 427 South York Street, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Cpl. Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on July 6, 2007 at 1459 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 Delores J. Taylor located at 427 South York Street, 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: Delores J. Taylor, by regular mail to her last known address of 427 South York Street, Mechanicsburg, PA 17055. This letter was mailed under the date of July 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 Chrisovalante Fliakos. Sheriff's Costs: Docketing $30.00 Poundage 15.60 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 272.24 Postpone Sale 20.00 Share of Bills 15.69 $795.23? Answ R. Thomas Kline, Sheriff t Real Estat ergeant A ;'?? oZ? C* G e3 M MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 Attorney for Plaintiff JP Morgan Chase Bank as Trustee for COURT OF COMMON PLEAS Equity One ABS, Inc. Mortgage/pass CUMBERLAND COUNTY through certificate series #2003-1, No.: 07-618 Civil Term Plaintiff, Vs. AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Delores J. Taylor, Defendant. STATE OF PENNSYLVANIA COUNTY OF CUMBERLAND JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1, Plaintiff in the above entitled cause of action, sets forth as of the date the praecipe for writ of execution was filed the following information concerning the real property located at 427 South York Street, Mechanicsburg, PA 17055: 1. Name and address of Owners(s) or Reputed Owner(s): Delores J. Taylor 427 South York Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the Judgment: Same as above 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: None Known 1 4. Name and Address of the last recorded holder of every mortgage of record: JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1 (Plaintiff herein) 450 West 33rd Street, 15th Floor New York, NY 10001 Alliance Funding, a division of Superior Bank FSB One Ramland Road Orangsburg, NY 10962 Lasalle Bank National Association, as Trustee c/o EMC Mortgage Corporation 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038 5. Name and address of every other person who has any record lien on the property: None Known 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: None Known 7. Name and address of every person of whom the plaintiff has knowledge who has any interest in.the. property which may_ be_ affected by the sale: Tenant/Occupant 427 South York Street Mechanicsburg, PA 17055 Department of Domestic Relations Cumberland County Courthouse 13 N. Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 I verify that the statements made in the 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. Section 4904 relating to unworn falsification to authorities. CLU?ia. K- Chrisovalante P. Fli os, Esquire Attorney for Plaintiff Dater May 17, 2007 MILSTEAD & ASSOCIATES, LLC BY: Chrisovalante P. Fliakos, Esquire ID No. 94620 220 Lake Drive East, Suite 301 Cherry Hill, NJ 08002 (856) 482-1400 JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-1, Plaintiff, Vs. Delores J. Taylor, Defendant. TAKE NOTICE: Attorney for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No.: 07-618 Civil Term NOTICE OF SHERRIE'S SALE OF REAL PROPERTY PURSUANT TO PA.R.C.P.3129 Your house (real estate) at 427 South York Street, Mechanicsburg, PA 17055, is scheduled to be sold at sheriffs sale on September 5, 2007 at 10:00 am in the Commissioner's Hearing Room, Cumberland County Courthouse, Carlisle, PA 17013 to enforce the Court Judgment of $27,561.02 obtained by JP Morgan Chase Bank as Trustee for Equity One ABS, _ .-Inc. Mortgage/pass through certificate series #20034. __-- • - _-- _ _ -_ .. _ _ _ ... _ .. __ __ NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To Prevent this Sheriff's Sale you must take immediate action: 1. The Sale will be cancelled if you pay to Milstead & Associates LLC, Attorney for Plaintiff, back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call 856-482-1400. 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 following page on how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the bid price by calling Milstead & Associates at 856-482-1400. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the market value of your property. 3. The Sale will go through only if the Buyer pays the Sheriff the full amount due on the Sale. To find out if this has happened you may call Milstead and Associates at 856-482-1400. 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 a 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 on a date specified by the Sheriff not later than thirty days after 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. Z You may also. haze other-rights and defenses,.or_ways of getting your house back, if you act immediately after the Sale. YOU SHOULD TAKE THIS PAPER TO YOU 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. Cumberland County Notice to Defend 32 S. Bedford Street Carlisle, PA 17013 717-249-3166 1.05785 All that certain lot of ground situate on the East side of South York Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and described as follows, to wit: On the North by lot now or formerly of Ezra. T. Heisey; on the East by a twenty (20) feet wide alley; on the South by lot now or formerly of Elwood W. Newhart, being the remaining portion of a larger lot of ground owned by said Elwood W. Newhart, a portion of which is herein described; and on the West by South York Street. Having a frontage of thirty (30) feet on South York Street, and extending in depth, an equal width, one hundred and sixty-one (161) feet to said public alley, known and numbered as Number 427 South York Street, Mechanicsburg, Pennsylvania. Being known as 427 South York Street, Mechanicsburg, PA 17055 Tax Parcel Number: 20-24-0785409 w WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-618 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE FOR EQUITY ONE ABS, INC. MORTGAGE/PASS THROUGH CERTIFICATE SERIES #2003-1, Plaintiff (s) From DELORES J. TAYLOR (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 $27,561.02 L.L. $.50 Interest FROM 5118107 TO 9/5/07 AT $4.53 PER DIEM (6%) Atty's Comm % Atty Paid $170.40 Plaintiff Paid Date: MAY 23, 2007 (Seal) REQUESTING PARTY: Name CHRISOVALANTE P. FLIAKOS, ESQUIRE Address: MILSTEAD & ASSOCIATES, LLC 220 LAKE DRIVE EAST, SUITE 301 CHERRY HILL, NJ 08002 Attorney for: PLAINTIFF Telephone: 856-482-1400 Supreme Court ID No. 94620 Due Prothy $2.00 Other Costs impury Real Estate Sale # 58 On June 13, 2007 the Sheriff levied upon the defendant, s interest in the real property situated in Mechanicsburg Borough, Cumberland County, FA Known and numbered as 427 South York Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date. Jae 13, ,2007 By: Real Estate Sergeant NRP tool l a ?S ?? 2111 J 0 _.I";?? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhhue, 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 July and the 1st day(s) of August 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 #58 Sworn to Y CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 +4 ?It"T Vo , hV?? 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: July 20, July 27, and August 3, 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 plat and character of publication are true. S isa arie Coyne, to SWORN TO AND SUBSCRIBED before me this 3 day of August. 2007 Notary NOIAIM SEAL DEBORAH A COLLINS No" PubOc CARUELE BORO, CUTANIKA D COUNTY My Ca n *don ExpkIl Apr ZB. 2010 ;y. Walt Ns. 418 0" JP Morgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage/pass through certificate series #2003-7 r VS. Delores J. Taylor Atty.: Chrisovalante P. Fliakos DESCRIPTION All that certain lot of ground situate on the East side of South York Street, in the Fifth Ward of the Borough of Mechanicsburg, County of Cumberland and Commonwealth of Pennsylvania, bounded and de- scribed as follows, to wit: On the North by lot now or for- mmly of rkm T. 1&*"; an dw &a by a t+w"f a ghat wile Saw, as i, tie th kA naw' &a r1y of am" Modmm, 1 d of Amomd *00" by saitt Use" W. W;vWm a portion' of which is herein r described; and on the West by South g York Street. Having a frontage of thirty (30) feet on- Smith York Street; and extAnding in depth, an equal vidth, one hun- dred and aixty-one (161) feet to Said public alley, known and numbered as Number 427 South York Street, Mechanicsburg, Pennsylvania Being known as 427 South York Street, Mechanicsburg, PA 17055. Tax Parcel Number: 20-24-0785- 409. t':, ., IA32 tAt'AATC:tc' f'WUCl:> OVtAAMMU ,f?A B :i34iSSiA At+3S At ictA a.gttj_Mg ooi?Wn (,100 .