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HomeMy WebLinkAbout07-1288NOTICE 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 #: 150103 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 File #: 150103 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 #: 150103 1. Plaintiff is JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: MARC K. SEELEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055-000 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/26/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to CENTEX HOME EQUITY CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1641, Page: 460. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 11/01/2006 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 #: 150103 6 The following amounts are due on the mortgage: Principal Balance $57,203.22 Interest $3,100.75 10/01/2006 through 03/06/2007 (Per Diem $19.75) Attorney's Fees $1,250.00 Cumulative Late Charges $75.66 09/26/2000 to 03/06/2007 Cost of Suit and Title Search 750.00 Subtotal $62,379.63 Escrow Credit $0.00 Deficit $10,197.57 Subtotal $10,197.57 TOTAL $72,577.20 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in person am judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 150103 9. 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. 10. 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 $72,577.20, together with interest from 03/06/2007 at the rate of $19.75 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. PH HALLINAN(&SCHMIEG LP By: /s/Francis S. HallinanLAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 150103 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of round situate on the west side of South High Street in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pipe along the western line of South High Street and on the northern line of a 10 foot alley; thence along said alley South 69 degrees 0 minutes 0 second West 42 feet to a nail; thence South 75 degrees 28 minutes 20 seconds West 97.83 feet to a pipe on the eastern right of way of a second 10 foot alley; thence along said second alley North 21 degrees 0 minutes 0 seconds West 10.70 feet to a pipe on the line of adjoinder between lands now or late of David A. Spencer, et ux, and lands now or late of Clyde D. Rider; thence along said line of adjoinder North 72 degrees 04 minutes 42 seconds East 97.35 feet to a point in the partition wall between property known as 408 South High Street and property known as 410 South High Street; thence along said partition wall North 69 degrees 0 minutes 0 seconds East 42 feet to a tack on the western line of South High Street; thence along said western line South 21 degrees 0 minutes 0 seconds East 16. 50 feet to a pipe on a 10 feet wide alley, the point and place of BEGINNING. HAVING THEREON erected the southern one-half of a double frame dwelling known and numbered as 410 South High Street. File #: 150103 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: 6)1044601 M (? U ca W 00 O PHELAN HALLIN JN & 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 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1288-CIVIL V. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL 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 MARC K. SELLEY, SR. and JUDY K. SEELEY A/K/A JUDY KAY SNELL, 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 Interest from 03/07/07 to 04/19/07 TOTAL $75,577.20 $869.00 $73,446.20 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule ,237.1, copy attached. DANIEL G. SCHMIEG, ESQ Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: I{t lGY>, -.1 1 PRO OTHY 150103 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR : COURT OF COMMON PLEAS TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 : CIVIL DIVISION Plaintiff Vs. MARC K. SEELEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendants CUMBERLAND COUNTY : NO. 07-1288-CIVIL TO: JUDY IC SEELEY A/K/A JUDY KAY SNELL 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: APRii. 5, 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 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (mi) 563-7000 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR : COURT OF COMMON PLEAS TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. MARC K. SEELEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendants TO: MARC K. SEELEY, SR. 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 DATE OF NOTICE: APRIL 5. 2007 NO. 07-1288-CIVIL THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By:..DANtEL 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 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 500 ENTERPRISE ROAD SUITE 150 Plaintiff, v. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1288-CIVIL VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant MARC K. SELLEY, SR. is over 18 years of age and resides at, 410 SOUTH HIGH STREET, MECHANICSBURG, PA 17055. (c) that defendant JUDY K. SEELEY A/K/A JUDY KAY SNELL is over 18 years of age, and resides at, 410 SOUTH HIGH STREET, MECHANICSBURG, PA 17055. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. YD YU ?_Ja Attorney for Plaintiff DANIEL G. SCHMIEG, ESQ I F 0 r 4 -o O G C `t CS' C -?C N 9 :aC7 fV N Q i ? (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN CUMBERLAND COUNTY TRUST 2006-1 COURT OF COMMON PLEAS 500 ENTERPRISE ROAD SUITE 150 CIVIL DIVISION Plaintiff, NO. 07-1288-CIVIL V. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 200. . By: f3E If you have any questions concerning this matter, please contact: ANIEL G. SCH IEG, ESQUI 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 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 Plaintiff, No. 07-1288-CIVIL V. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 04/19/07 to SEPTEMBER 5, 2007 (per diem -$12.07) TOTAL $73,446.20 $1,677.73 and Costs $77,059.43 IJANIEL G. SCMMEG, ESQ ' One Penn Center at Suburban(( to on 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. 150103 a z a o w? z H pal z a w ?, o a ?? a d ?, w H 0o Ucw Ua w? 00, v -- V ? N •. y v w v 77 CI- act C= 0 M O C) a i t3- y t C'6 43 z 4 Lol IN- .?, c r as V ?W ?x 00 Qo I. DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the west side of South High Street in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pipe along the western line of South High Street and on the northern line of a 10 foot alley; thence along said alley South 69 degrees 0 minutes 0 seconds West 42 feet to a nail; thence South 75 degrees 28 minutes 20 seconds West 97.83 feet to a pipe on the eastern right of way of a second 10 foot alley; thence along said second alley North 21 degrees 0 minutes 0 seconds West 10.70 feet to a pipe on the line of adjoinder between lands now or late of David A. Spencer, et ux, and lands now or late of Clyde D. Rider; thence.along said line of adjoinder North 72 degrees 04 minutes 42 seconds East 97.35 feet to a point in the partition wall between property known as 408 South High Street and property known as 410 South High Street; thence along said partition wall North 69 degrees 0 minutes 0 seconds East 42 feet to a tack on the western line of South High Street; thence along said Western line Sough 21 degrees 0 minutes 0 seconds East 16.50 feet to a pipe on a 10 feet wide alley, the point and place of BEGINNING. HAVING THEREON erected the southern one-half of a double frame dwelling known and numbered as 410 South High Street. PARCEL IDENTIFICATION NO: 20-24-0787-008 CONTROL #: 20000578 Premises: 410 South High Street, Mechanicsburg, PA 17055-000 Mechanicsburg 5th Ward Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Marck K. Seeley, Sr. and Judy K. Seeley, husband and wife, by Deed from Shirley J. Jenkins, single person, dated 09/20/2000, recorded 09/28/2000, in Deed Book 229, page 925. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1288 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1, Plaintiff (s) From MARC K. SELLEY, SR., JUDY K. SELLEY A/K/A JUDY KAY SNELL (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 $73,466.20 L.L. $.50 Interest FROM 4/19/07 TO 9/5/07 (PER DIEM - $12.07) - $1,677.73AND COSTS Atty's Comm % Atty Paid $149.60 Plaintiff Paid Date: APRIL 24, 2007 Due Prothy $2.00 Other Costs Curtig R. Lon o o tary (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 Supreme Court ID No. 62205 By: 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 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 Plaintiff, V. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). Y ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1288-CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () 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. ANIEL G. SCHM G, ES9?IE Attorney for Plaintiff t 1 ? . x"91 Fn - '. ' rj C:>.L } r Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1288-CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 V. Plaintiff, MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 , 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,410 SOUTH HIGH STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Last Known Address (if address cannot be reasonably ascertained, please indicate) 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above Name and last known address of every judgment creditor whose judgment is a record lien on the real 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) MECHANICSBURG BOROUGH TREATMENT PLANT MECHANICSBURG BOROUGH 42 W. CHURCH ROAD MECHANICSBURG, PA 17055 36 W. ALLEN STREET MECHANICSBURG, PA 17055 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 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. April 20, 2007 DATE DANIEL G. SCHMIEG, ESQE Attorney for Plaintiff ??JJ rn- S ri ? A N V JP MORGAN CHASE BANK, NA. AS TRUSTEE CUMBERLAND COUNTY FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 No. 07-1288-CIVIL Plaintiff, V. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). April 19, 2007 TO: MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A 410 SOUTH HIGH STREET JUDY KAY SNELL MECHANICSBURG, PA 17055 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 410 SOUTH HIGH STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $73,446.20 obtained by JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 (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. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the west side of South High Street in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pipe along the western line of South High Street and on the northern line of a 10 foot alley; thence along said alley South 69 degrees 0 minutes 0 seconds West 42 feet to a nail; thence South 75 degrees 28 minutes 20 seconds West 97.83 feet to a pipe on the eastern right of way of a second 10 foot alley; thence along said second alley North 21 degrees 0 minutes 0 seconds West 10.70 feet to a pipe on the line of adjoinder between lands now or late of David A. Spencer, et ux, and lands now or late of Clyde D. Rider; thence along said line of adjoinder North 72 degrees 04 minutes 42 seconds East 97.35 feet to a point in the partition wall between property known as 408 South High Street and property known as 410 South High Street; thence along said partition wall North 69 degrees 0 minutes 0 seconds East 42 feet to a tack on the western line of South High Street; thence along said Western line Sough 21 degrees 0 minutes 0 seconds East 16.50 feet to a pipe on a 10 feet wide alley, the point and place of BEGINNING. HAVING THEREON erected the southern one-half of a double frame dwelling known and numbered as 410 South High Street. PARCEL IDENTIFICATION NO: 20-24-0787-008 CONTROL #: 20000578 Premises: 410 South High Street, Mechanicsburg, PA 17055-000 Mechanicsburg 5th Ward Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Marck K. Seeley, Sr. and Judy K. Seeley, husband and wife, by Deed from Shirley J. Jenkins, single person, dated 09/20/2000, recorded 09/28/2000, in Deed Book 229, page 925. l Co ....: -vFn N) ' C C) ?w SHERIFF'S RETURN - REGULAR CASE NO: 2007-01288 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK NA ET AL VS SEELEY MARC K SR ET AL 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 SEELEY MARC K SR the DEFENDANT , at 1403:00 HOURS, on the 15th day of March , 2007 at 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 by handing to JUDY SEELEY, WIFE 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 Service Affidavit Surcharge So Answers: 18.0 9.60 ,-1 ?,Or_e 00 10.00 R. Thomas Kline .00 37.60 03/16/2007 A PHELAN HALLINAN SCHMIEG Sworn and Subscibed to 3SSr r By: before me this day e uty Sheriff of , A.D. SHERIFF'S RETURN - REGULAR 110 CASE NO: 2007-01288 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK NA ET AL VS SEELEY MARC K SR ET AL 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 SEELEY JUDY K AKA JUDY KAY SEELEY the DEFENDANT , at 1403:00 HOURS, on the 15th day of March 2007 at 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 JUDY SEELEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 a "'' ?A< Affidavit .00 Surcharge 10.00 R. Thomas Kline 00 16.00 03/16/2007 PHELAN HALLINAN SCHMIEG 81 Sworn and Subscibed to By:--?? before me this day D?put Sheriff of A.D. f J ?. AFFIDAVIT OF SERVICE PLAINTIFF JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 CUMBERLAND COUNTY 1 No. 07-1288-CIVIL ACCT. #150103 DEFENDANT(S) MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL SERVE MARC K. SELLEY, SR. AT 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 Served and made known to N11TKC h at C7 o'clock ?.m., at `-41 o sox of Pennsylvania, in the manner described below: Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Defendant, on the c7? day of w " 2001, Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Commonwealth ?'^ Description: Age ? Height TO" Weight 930 Race W Sex Other I, PDNAlal /Vl O LIL-, a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day ' of 1200-. Notary: By: PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: / i Time: 3rd Attempt: Time: Sworn to and subsc ibed before me this da of - , 2007 Notary Cl.- By: Attorn for lai tiff Daniel G. Schur g, Esquire - . No. 62205 SERVED S.GLLf. v . KIMBERLY CURTY Notary Public State of EL?°,?r Jersey My Comes-- "7 p ? ? ? . ? ? :. s?- ?..? - . ?_.. ? -P4, s ?"' ?_?-' ? T4 ? l ._ ,+ y Y ? w,? ? y (??•! AFFIDAVIT OF SERVICE PLAINTIFF JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 DEFENDANT(S) MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL SERVE JUDY K. SEELEY A/K/A JUDY KAY SNELL AT 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 SERVED CUMBERLAND COUNTY No. 07-1288-CIVIL ACCT. #150103 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 5, 2007 Served and made known to See , Defendant, on the n day of rn j 200_1at o'clock ?.m., at 4 to So*k /VI•e-c I&A tC.S br/r , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age.Aq AA n Height ?Y Weight0 Race VV Sex Other I, aAq ( h M0 CA-- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day , 200_. Notary: By; N pp--L? PLEASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subsc 'bed before ma is day of 200 Nota Attorney fokPlAntiff Daniel G. Schmieg, Esqu I.D. No. 62205 By: KIMBERLY CURTY Notary Public State of K' :v Jorsey My Commission F_xrir,7,12-28-2007 r•a m v .. ra t PHELAN HALLINAN & SCHMIEG BY: DANIEL G. SCHMIEG, ESQUIRE I.D. NO. 62205 ATTORNEY FOR PLAINTIFF SUITE 1400/ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD PHILADELPHIA, PA 19103-1814 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 V. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL ATTORNEY FOR PLAINTIFF 150103 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-1288-CIVIL SUGGESTION OF RECORD CHANGE RE: NAME CHANGE TO THE PROTHONOTARY: DANIEL G. SCHMIEG, ESQUIRE, attorney for the plaintiff, hereby certifies that, to the best of his knowledge, information and belief, the defendant(s)' name was erroneously listed as: MARC K. SELLEY, SR.and JUDY K. SEELEY A/K/A JUDY KAY SNELL. The correct name for the defendant(s) is/are: MARC K. SEELEY SR., Kindly change the information on the docket to reflect this change. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Q -t] F _ l j N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s) CIVIL DIVISION NO. 07-1288-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR CUMBERLAND COUNTY TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 COURT OF COMMON PLEAS COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 410 SOI ITH HIGH STREET MF.CHANICSBIJRG, PA 17055. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. ANIEL G. SCHMIE , ESQUIRE Attorney for Plaintiff Date: -Tiny 11, 2007 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the absence of a representative of the plaintiff at the Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 150103 k?4 EO 68 -300 Z Dos Zo Wti Z? } Odz OZ .6d It ) 01, a a M ? Vl d o d U ? a cis O ° a P4 e?-+ 3 U q O ? ? P+ ? A a ?, ? d 3 a G?to) w M C7 0 ? •?' ? q a,, c cG ? .• ar3 ? ca ?, °' q mo V x?o _r"13 b O ? x ?? q1 ? w a ow lit 0 H w ^n a ?. W U W x o pl A> Trs'r g,; G? fSl?- r ' 2-1 n c 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 JP Morgan Chase Bank, N.A. as Trustee for Truman Capital Mortgage Loan Trust 2006-1 Plaintiff VS. Marc K. Seeley, Sr. Judy K. Seeley A/K/A Judy Kay Snell Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County No. 07-1288-CIVIL 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 March 8, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A„ 2. Judgment was entered on April 24, 2007 in the amount of $73,446.20. 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 September 5, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $57,203.22 Interest Through 9/05/07 9,171.77 Per Diem $19.75 Late Charges 376.78 Legal fees 1,675.00 Cost of Suit and Title 1,351.00 Sheriffs Sale Costs 0.00 Property Inspections 123.26 Appraisal/Brokers Price Opinioin 0.00 Mortgage Ins. Premium/Private 0.00 Mortgage Insurance NSF (Non-Sufficient Funds charge) 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 12,562.65 TOTAL $82,553.68 6. Plaintiff paid the following amounts for real estate taxes and hazard insurance during the time the loan has been in default: The escrow breakdown is as follows: 08/02/06 Insurance $6,391.76 10/16/06 Taxes 1055.14 10/16/06 Taxes 416.77 10/16/06 Taxes 1,699.90 12/22/06 Insurance 634.00 03/20/07 Taxes 378.39 07/31/07 Insurance 918.00 08/17/07 Taxes 1,068.69 Total Escrow $12,652.65 7 The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8 Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. 9. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as is addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on August 22, 2007 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 11. 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 & Sc eg, LLP B: Michele . Bnidfo uire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, N.A. as Trustee for Truman Capital Mortgage Loan Trust 2006-1 Court of Common Pleas Plaintiff vs. Marc K. Seeley, Sr. Judy K. Seeley A/K/A Judy Kay Snell Defendants : Civil Division : Cumberland County : No. 07-1288-CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiff s Note was secured by a Mortgage on the Property located at 410 South High Street, Mechanicsburg, PA 17055. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. 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 Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the 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 Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending 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 may be 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 Shoppin Cg_enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: qbyla na & • m' , LLP By: Michele M. Bradford, Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HA.LLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-70M 150103 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 Plaintiff v. O . i ... .' C T C`_3 - 3 0 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. a7- JABS C;vi ) CUMBERLAND COUNTY MARC K. SEELEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055-000 Defendants Ci'VIL ACTION -LAW COMPLAINT IN MQagAU F=QLOSU E R la. .. .. V% herb) Cw* Won to be wA convd COW cl #0 0. ftkw "d j* Pile i1: 150103 jowd 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 #: 150103 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)9 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 F'k #: 150103 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 #: 150103 1. Plaintiff is JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0969 2. The name(s) and last known address(es) of the Defendant(s) are: MARC K. SEELEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055-000 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/26/2000 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to CENTEX HOME EQUITY CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1641, Page: 460. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 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 11 /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 #: 150103 6. The following amounts are due on the mortgage: Principal Balance $57,203.22 Interest $3,100.75 10/01/2006 through 03/06/2007 (Per Diem $19.75) Attorney's Fees $1,250.00 Cumulative Late Charges $75.66 09/26/2000 to 03/06/2007 Cost of Suit and Title Search 750.00 Subtotal $62,379.63 Escrow Credit $0.00 Deficit $10,197.57 Subtotal $10,197.57 TOTAL $72,577.20 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 150103 9. 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. 10. 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 $72,577.20, together with interest from 03/06/2007 at the rate of $19.75 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. P HALLINAN & SCHMIEG LP By. /?G?X?l.4 c? / rands .Hallman LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HA.LLINAN, ESQUIRE Attorneys for Plaintiff Filc #: 150103 LEGAL DESCRIPTION ALL THAT CERTAIN house and lot of round situate on the west side of South High Street in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pipe along the western line of South High Street and on the northern line of a 10 foot alley; thence along said alley South 69 degrees 0 minutes 0 second West 42 feet to a nail; thence South 75 degrees 28 minutes 20 seconds West 97.83 feet to a pipe on the eastern right of way of a second 10 foot alley; thence along said second alley North 21 degrees 0 minutes 0 seconds West 10.70 feet to a pipe on the line of adjoinder between lands now or late of David A. Spencer, et ux, and lands now or late of Clyde D. Rider; thence along said line of adjoinder North 72 degrees 04 minutes 42 seconds East 97.35 feet to a point in the partition wall between property known as 408 South High Street and property known as 410 South High Street; thence along said partition wall North 69 degrees 0 minutes 0 seconds East 42 feet to a tack on the western line of South High Street; thence along said western line South 21 degrees 0 minutes 0 seconds East 16.50 feet to a pipe on a 10 feet wide alley, the point and place of BEGINNING. HAVING THEREON erected the southern one-half of a double frame dwelling known and numbered as 410 South High Street. File 0: 150103 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for. PLAIN'IW 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. ;? ) ka-'v FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Q 944001 -1 Exhibit "B" PHELAN HALLINAN d: SCIIIVIIEG, L.L.P. By: DANIEL G. SCHMIEG Identiflead" No. 62205 Atterney for P1sinEfT ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215), 563-7000 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006.1 500 ENTERPRISE ROAD SUITE 150 HORSHAM, PA 19044-0%9 . ATTORNEY FILE C PY PLEASE RETURN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION r1o C= a -v as N r • n Plaintiff, NO. 07-128&CIVIL r MARC K. SEELEY, SP. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURFTO ANSWER AND ASSESSMENT OFD ES TO THE PROTHONOTARY: C' N Kindly enter an in rem judgment in favor of the Plaintiff and against MARC K. SELM, SR. AM & SEELEY A-/K/--A JUDY KAY MLL. 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 Interest firm 03/07/07 to 04119/07 TOTAL Al jpMIEV $75,577.20 pCF c!PY $869.00 $73,446.20 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 "'2' 7. copy attached. ATTORNEY FILE COPY . PLEASE RETURN DANIEL Q. SCHMIEG, Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY 150103 ATTORNEY FU COPY PLEASE REWRN Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire August 22, 2007 Representing Lenders in Pennsylvania and New Jersey Marc K. Seeley, Sr. Judy K. Seeley A/K/A Judy Kay Snell 410 South High Street Mechanicsburg, PA 17055 RE: JP Morgan Chase Bank, N.A. as Trustee for Truman Capital Mortgage Loan Trust 2006-1 vs. Marc K. Seeley, Sr. and Judy K. Seeley A/K/A Judy Kay Snell Premises Address: 410 South High Street, Mechanicsburg, PA 17055 Cumberland County CCP, No. 07-1288-CIVIL Dear Defendants, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Monday, August 27, 2007. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Fdr Phelan Hallinan & Schmieg, LLP Enclosure e ° In is W N ?. 4 %0 001 -4 0% tAl .11, w 0 C/1 C: ? A g t5 X "1 . ? a ?. o z o w ? 3 6c ? A ? y C y 4 ` a C a s* ke- Q'om' v ^ to N b O O o `? O ?• a a !AD s ? a ? _ s a W3•?? m _ to -w $ 3.5? ? ? f iyy ASS o ? * "?T Ow A 2 02 MA°418010 $ 02.100 o. ` AUG 22 20 Z LED FRG/ f . Y 0 y1 7 21PCpl 910 's1 8 ?rF.g R. ? g w YZ a3 A G 0 b gd 5 0 O x R° n x tr", .b G n Jp? O 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 unworn falsification to authorities. Phelan Hallinan & Schmieg, LLP DATE: q1 t'?l a B- fiche a M. Bradfor , ire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215 563-7000 JP Morgan Chase Bank, N.A. as Trustee for Truman Capital Mortgage Loan Trust 2006-1 Court of Common Pleas Plaintiff vs. Marc K. Seeley, Sr. Judy K. Seeley A/K/A Judy Kay Snell Defendants : Civil Division : Cumberland County : No. 07-1288-CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. Marc K. Seeley, Sr. Judy K. Seeley A/K/A Judy Kay Snell 410 South High Street Mechanicsburg, PA 17055 DATE: `"L Id A LP MelirAn VBradfo JtAuuire . Attorney for Plaintiff r? o `.ECJ r r. te' `? ? r - G JP MORGAN CHASE BANK, IN THE COURT OF COMMON PLEAS OF N.A. as Trustee for TRUMAN CUMBERLAND COUNTY, PENNSYLVANIA CAPITAL MORTGAGE LOAN TRUST 2006-1 Plaintiff V. MARC K. SEELEY, SR. and JUDY K. SEELEY A/K/A JUDY KAY SNELL, Defendants : CIVIL ACTION - LAW NO. 07-1288 CIVIL TERM ORDER OF COURT AND NOW, this 11'' day of September, 2007, upon consideration of Plaintiff s Motion To Reassess Damages, a Rule is hereby issued upon Defendants, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of this order. BY THE COURT, Michele M. Bradford, Esq. ;MELAN, HALLINAN & SC Suite 1400 1617 John F. Kennedy Boule` Philadelphia, PA 19103-1814 Attorney for Plaintiff IN, Marc K. Seeley, Sr. Judy K. Seeley a/k/a Judy Kay Snell 410 South High Street Mechanicsburg, PA 17055 Defendants, pro Se I lpl-? ;Ow J. esley Ol Jr., . :rc Vol dr"' *V ?- PHELAN HALLINAN & SCH1MG, LLP I Bradford, E wire Atty I D No. 69849 ATTORNEY FOR PLAINTIFF by: Michee M sq 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563 7000 JP Morgan Chase Bank, N.A. as Trustee for Court of Common Pleas Truman Capital Mortgage Loan Trust 2006-1 Plaintiff Civil Division VS. : Cumberland County Marc K. Seeley, Sr. Defendant PRAECIPE TO THE PROTHONOTARY: : No. 07-1288-CIVIL Plaintiff hereby withdraws its Motion to Reassess Damages, filed on September 6, 2007 in the above referenced action. U Date Mi he M. Bradfo quire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP radf E Atty I D No 69849 ATTORNEY FOR PLAINTIFF by: lvlichele M. B ord, sgwre, 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, N.A. as Trustee for Court of Common Pleas Truman Capital Mortgage Loan Trust 2006-1 Plaintiff Civil Division VS. : Cumberland County Marc K. Seeley, Sr. Defendant : No. 07-1288-CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff s Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. Marc K. Seeley, Sr. Judy K. Seeley A/K/A Judy Kay Snell 410 South High Street Mechanicsburg, PA 17055 Date Vch . B od,fsq ir Attorney for Plaintiff co: d y 1 ? p ..,C COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Truman Capital Mtg Loan Trust 2006-1 Tr is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 24th day of Spril, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1288, at the suit of Truman Capital Mtg Loan Trust 2006-1 Tr against Marc K Seeley Sr & Judy K Seeley aka Judy Kam is duly recorded as Instrument Number 200736399. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this l y day of A.D. d--007 Recorder of Deeds 94=ft of Dem. CumbWWW County. 0846. PA My t?O*"M Evkn the Fk* Monday Of Jan. 2010 JP Morgan Chase Bank, N.A. as Trustee In the Court of Common Pleas of For Truman Capital Mortgage Loan Trust Cumberland County, Pennsylvania 2006-1 Writ No. 2007-1288 Civil Term VS Marc K. Selley, Sr. and Judy K. Seeley a/k/a Judy Kay Snell Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on May 23, 2007 at 1428 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Marc K. Selley, Sr. and Judy K. Selley a.k.a Judy Kay Snell, by making known unto Judy K. Seeley a.k.a Judy Kay Snell personally, and wife of Marc K. Selley, Sr. at 410 South High 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 1447 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 Marc K. Selley, Sr. and Judy K. Seeley a/k/a Judy Kay Snell located at 410 South High 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 defendants, to wit: Marc K. Selley, Sr. and Judy K. Seeley a/k/a Judy Kay Snell, by regular mail to their last known address of 410 South High Street, Mechanicsburg, PA 17055. These letters were mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 05, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of JP Morgan Chase Bank NA, as Trustee for Truman Capital Mortgage Loan Trust 2006-1. It being the highest bid and best price received for the same, JP Morgan Chase Bank NA, as Trustee for Truman Capital Mortgage Loan Trust 2006-1 of 500 Enterprise Road, Suite 150, Horsham, PA 19044-0969, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,113.08. Sheriff s Costs: Docketing $30.00 Poundage 21.83 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 30.00 Law Journal 407.00 Patriot News 419.36 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $1,113.08 So sw s: R. Thomas Kline, Sheriff BY ., I' Real Estat Sergeant AOL 4V. C16 z ` 40.23Y /„ /9 9 333 JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN CUMBERLAND COUNTY TRUST 2006-1 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION MARC K. SELLEY, SR. NO. 07-1288-CIVIL JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 , 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,410 SOUTH HIGH STREET, MECHANICSBURG, PA 17055. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MECHANICSBURG BOROUGH TREATMENT PLANT MECHANICSBURG BOROUGH 42 W. CHURCH ROAD MECHANICSBURG, PA 17055 36 W. ALLEN STREET MECHANICSBURG, PA 17055 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 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ; April 20, 2007 Olww DATE ANIEL G. SCHMIEG, ES Attorney for Plaintiff y JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 Plaintiff, V. CUMBERLAND COUNTY No. 07-1288-CIVIL MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A JUDY KAY SNELL Defendant(s). April 19, 2007 TO: MARC K. SELLEY, SR. JUDY K. SEELEY A/K/A 410 SOUTH HIGH STREET JUDY KAY SNELL MECHANICSBURG, PA 17055 410 SOUTH HIGH STREET MECHANICSBURG, PA 17055 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 410 SOUTH HIGH STREET, MECHANICSBURG, PA 17055, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 5, 2007 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $73,446.20 obtained by JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1 (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. y 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 DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the west side of South High Street in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a pipe along the western line of South High Street and on the northern line of a 10 foot alley; thence along said alley South 69 degrees 0 minutes 0 seconds West 42 feet to a nail; thence South 75 degrees 28 minutes 20 seconds West 97.83 feet to a pipe on the eastern right of way of a second 10 foot alley; thence along said second alley North 21 degrees 0 minutes 0 seconds West 10.70 feet to a pipe on the line of adjoinder between lands now or late of David A. Spencer, et ux, and lands now or late of Clyde D. Rider; thence along said line of adjoinder North 72 degrees 04 minutes 42 seconds East 97.35 feet to a point in the partition wall between property known as 408 South High Street and property known as 410 South High Street; thence along said partition wall North 69 degrees 0 minutes 0 seconds East 42 feet to a tack on the western line of South High Street; thence along said Western line Sough 21 degrees 0 minutes 0 seconds East 16.50 feet to a pipe on a 10 feet wide alley, the point and place of BEGINNING. HAVING THEREON erected the southern one-half of a double frame dwelling known and numbered as 410 South High Street. PARCEL IDENTIFICATION NO: 20-24-0787-008 CONTROL #: 20000578 Premises: 410 South High Street, Mechanicsburg, PA 17055-000 Mechanicsburg 5th Ward Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Marck K. Seeley, Sr. and Judy K. Seeley, husband and wife, by Deed from Shirley J. Jenkins, single person, dated 09/20/2000, recorded 09/28/2000, in Deed Book 229, page 925. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1288 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, NA. AS TRUSTEE FOR TRUMAN CAPITAL MORTGAGE LOAN TRUST 2006-1, Plaintiff (s) From MARC K. SELLEY, SR., JUDY K. SELLEY A/K/A JUDY KAY SNELL (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 $73,466.20 L.L. $.50 Interest FROM 4/19/07 TO 9/5/07 (PER DIEM - $12.07) - $1,677.73AND COSTS Atty's Comm % Due Prothy $2.00 Atty Paid $149.60 Other Costs Plaintiff Paid Date: APRIL 24, 2007 Curti . Long, o ry (Seal) By: Deputy 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 p Real Estate Sale # 17 On April 26, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 410 South High Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 26, 2007 By: Real Estate Sergeant i, 0 :b V q Z 'ddV 1001 1 -0." 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 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 #17 Sworn to and subscribed 1 s?R day of Ai4pust 30V A.D. Z:L (,LiApiiin VVU{f.iS MY CGS tSSW] EXIT., Q.1n0 c 2, . , N ARY PUB C e CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 I , 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, place and character of publication are true. Marie AND SUBSCRIBED before me this 3 day of August, 2007 Notary NOZAL SEAL • DEBORAH A COLUNS Notory Pubuc CARLISLE BORO, CUMBERLAND COUNiy My ComMUw EwIrft Apr 2a, 2010 NUAL NWATS NAW NO. 17 Writ No. 2007-1285 Civil JP Morgan Chase Bank, N.A. as Trustee for Truman Capital Mortgage Loan Trust 2006-1 V& Marc K. Selley, Sr. and Judy K. Seeley a/k/a Judy Kay Snell Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the west side of South High Street in the Fifth Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a pipe along the western line of South High Street and on the northern line of a 10 foot alley; thence along said alley South 69 degrees 0 minutes 0 seconds West 42 feet to a nail; thence South 75 degrees 28 minutes 20 seconds West 97.83 feet to a pipe on the eastern right of way of a second 10 foot alley; thence along said second alley North 21 degrees 0 minutes 0 seconds West 10.70 feet to a pipe on the line of adjoinder between lands now or late of David A. Spencer, et ux, and lands now or late of Clyde D. Rider; thence along said line of adjoinder North 72 degrees 04 minutes 42 seconds East 97.35 feet to a point in the partition wall between property known as 408 South High Street and property known as 410 South High Street; thence along said partition wall North 69 degrees 0 minutes 0 seconds East 42 feet to a tack on the western line of South High Street; thence along said Western line Sough 21 degrees 0 minutes 0 seconds East 16.50 feet to a pipe on a 10 feet wide alley, the point and place of BEGINNING. HAVING THEREON erected the southern one-half of a double frame dwelling known and numbered as 410 South High Street. PARCEL IDENTIFICATION NO: 20-24-0787-008. CONTROL #: 20000578. Premises: 410 South High Street, Mechanicsburg, PA 17055-000; Me- chanicsburg 5th Ward, Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Marck K. Seeley, Sr. and Judy K. Seeley, husband and wife, by Deed from Shirley J. Jenkins, {1?,t5r: ,,?,, A ;¢ single person, dated 09/20/2000, recorded 09/28/2000, in Deed Book 229, page 925.