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HomeMy WebLinkAbout07-2492PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 153628 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 Plaintiff V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01 - 0?7 Qo? 0'. ? CT62-h-1 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 153628 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 #: 153628 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 #: 153628 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 #: 153628 Plaintiff is THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT THIRD FLOOR SAN DIEGO,, CA 92123 2. The name(s) and last known address(es) of the Defendant(s) are: NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/29/2004 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR CONCORDE ACCEPTANCE CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1872, Page: 2708. 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. File #: 153628 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 01 /01 /2007 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. The following amounts are due on the mortgage: Principal Balance $70,532.56 Interest $3,611.20 12/01/2006 through 04/27/2007 (Per Diem $24.40) Attorney's Fees $1,250.00 Cumulative Late Charges $112.28 06/29/2004 to 04/27/2007 Cost of Suit and Title Search 750.00 Subtotal $76,256.04 Escrow Credit $0.00 Deficit $1,536.58 Subtotal $1,536.58 TOTAL $77,792.62 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. File #: 153628 8. 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. 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. File #: 153628 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 $77,792.62, together with interest from 04/27/2007 at the rate of $24.40 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. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 153628 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Susquehanna Avenue which point is 165 feet East of the Northwesterly corner of Wyoming and Susquehanna Avenues; THENCE thru the center of a partition wall and beyond North 10 degrees 20 minutes West 140 feet to a point; THENCE North 79 degrees 40 minutes East 25 feet to a Point; THENCE South 10 degrees 20 minutes East 140 feet to a point on the Northerly line of Susquehanna Avenue, aforesaid; THENCE along the same South 79 degrees 40 minutes West 25 feet to a point, the place of BEGINNING. BEING premises known as 266 Susquehanna Avenue. BEING the same premises which Wayne A. Krout and Dorothy L. Krout, his wife by Indenture dated 07/13/1960, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page Y19-298, granted and conveyed unto Michael Frances Bobotz and Laura M. Bobitz, his wife, in fee. PROPERTY BEING: 266 SUSQUEHANNA AVENUE File #: 153628 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. DATE: h17O "?(? ka -, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff V Cs ?a -'t't ti OLO i Blatt, Hasenmiller, Leibsker & Moore, LLC Ron Z. Opher, Esquire Attorney for Plaintiff Attorney #57507 P.O. Box C3800 Southeastern, PA 19398 (610) 902-0644 CAPITAL ONE BANK: c/o Blatt, Hasenmiller, Leibsker & Moore LLC P.O. Box C3800 Southeastern, PA 19398 Plaintiff V. DAVID JONES 1121 N PITT ST CARLISLE PA 17013-1429 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. COMPLAINT - CIVIL ACTION NOTICE TO DEFEND 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned 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 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 AVISO Le han demando a usted en la corte. Si usted quiere defenderse de estas demandadas expuestas en las paginas siguentes, usted tiente veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Hace falta asentar una comparencia escrita on en persona o con un abogado y entregar a la corte enforma escritas sus objectiones a las demandas en contra de su persona. Sea avisado que si usted no se defende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notification. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas del las provisiones de esta demanda. Usted puede perdes dinero o us propriedadedsu otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSIGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 267-2032 1842208 PPTCHDFI 1 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, COURT OFCOMMON PLEAS N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE CIVIL DIVISION v NAOMI L. VALDEZ A/K/A/ NAOMI L. MARTIN CUMBERLAND COUNTY NO. 07-2492-CIVIL TERM PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. By. Francis S. Hallinan, Esquire Attorney for Plaintiff Dated: Bethany Hood Default Services Jr. Officer VERIFICATION hereby states that he/she is of HOMECOMINGS FINANCIAL, LLC., mortgage servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her 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. DATE: b? c Name: ethany Rond Title: Default Services Jr. Officer Company: HOMECOMINGS FINANCIAL, LLC. Loan: 153628 f? !`? co ? SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-02492 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEW YORK TRUST COMPANY BANK OF VS VALDEZ NAOMI L ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VALDEZ NAOMI L A/K/A NAOMI L MARTIN unable to locate Her in his bailiwick but was He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT MARTIN , VALDEZ NAOMI L A NOT FOUND , as to A NAOMI L 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 HOUSE APPEARS TO BE VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So answexs:. -y Docketing 18.00 Service 28.80e% "f Not Found 5.00 R. Thom <s Kline Surcharge 10.00 Sheriff of Cumberland County .00 5I3d'b? ? 61.80 PHELAN HALLINAN SCHMIEG 05/21/2007 Sworn and Subscribed to before me this day of , A. D. Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com Attorney for Plaintiff The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee vs. Naomi L. Valdez a/k/a Naomi L. Martin Court of Common Pleas Civil Division Cumberland County No. 07-2492 Civil Term MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Naomi L. Valdez a/k/a Naomi L. Martin, by first class mail and certified mail to the mortgaged premises, 266 Susquehanna Avenue, Enola, PA 17025, posting of the mortgaged premises, 266 Susquehanna Avenue, Enola, PA 17025, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 4 1. Attempts to serve Defendant, Naomi L. Valdez a/k/a Naomi L. Martin, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 266 Susquehanna Avenue, Enola, PA 17025. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", the house appears vacant. 2. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 3. Plaintiff contacted the Prothontary's Office and as of July 2, 2007, no Judge has previously entered a ruling in this case. 4. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 21, 2007 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s June 21, 2007 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 5. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of July 2, 2007 to bring loan current. 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Naomi L. Valdez a/k/a Naomi L. Martin, but has been unable to do so. 5 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By , ame . Schmieg, Esquire Attorneys for Plaintiff Date: July 2, 2007 6 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.rieco@fedphe.com The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee vs. Naomi L. Valdez a/k/a Naomi L. Martin Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 07-2492 Civil Term MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving anew forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or parry in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Schmieg, LLP Y Daniel G. Schmieg, Esquire Date: July 2, 2007 Attorney for Plaintiff 8 ?xti?b,f ?+ SHERIFF'S RETURN - NOT FOUND CASE NO. 2007-02492 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NEW YORK TRUST COMPANY BANK OF VS VALDEZ NAOMI L ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT VALDEZ NAOMI L A/K/A NAOMI L MARTIN but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT MARTIN _ , NOT FOUND as to VALDEZ NAOMI L A/K/A NAOMI L 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 HOUSE APPEARS TO BE VACANT. NO FORWARDING ADDRESS ON FILE AT POST OFFICE. Sheriff's Costs: So ansye - Docketing 18.04 Service 28.80 Not Found 5.00 R. Thom s Kline Surcharge 10.00 Sheriff of Cumberland County .00 61.80 PHELAN HALLINAN SCHMIEG 05/21/2007 Sworn and Subscribed to before me this day of , A.D. ??f6?`? ? FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 153628 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Nomi Valdez Property Address: 266 Susquehanna Avenue, Enola, PA 17025 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Nomi Valdez - xxx-xx-8575 B. EMPLOYMENT SEARCH Nomi Valdez - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Nomi Valdez reside(s) at: 266 Susquehanna Avenue, Enola, PA 17025. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Nomi Valdez reside(s) at: 266 Susquehanna Avenue, Enola, PA 17025. On 04-23-07 our office made a telephone call to the subject's phone number (717) 728-1247 and received the following information: disconnected. B. On 04-23-07 our office made a telephone call to the phone number (717) 728-0434 and received the following information: disconnected. III. INQUIRY OF NEIGHBORS On 04-23-07 our office made several phone calls in an attempt to contact Mr. Lynn J. Wolfgang (717) 732-3276,270 Susquehanna Avenue, Enola, PA 17025: no answer. On 04-23-07 our office made several phone calls in an attempt to contact Patrick J. Forsburg (717) 732-8890, 272 Susquehanna Avenue, Enola, PA 17025: answering machine. On 04-23-07 our office made a phone call in an attempt to contact Harvey K. Waggoner (717) 732-9816, 274 Susquehanna Avenue, Enola, PA 17025: disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 04-23-07 we reviewed the National Address database and found the following information: Nomi Valdez - 266 Susquehanna Avenue, Enola, PA 17025. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: no addresses on file. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Nomi Valdez. VI. OTHER INQUIRIES A. DEATH RECORDS As of 04-23-07 Vital Records and all public databases have no death record on file for Nomi Valdez. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Nomi Valdez residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Nomi Valdez -11-14-1978 B. A.K.A. Nomi L. Valdez; Nomi L. Martin * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. C?oWot4WGALTH Or PE 9YLV PdOTARIAL SSA1. AFFIANT - Brendan Booth i +? M. FEpW, ?' of Phila?elal, Phk- Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 23rd day of April, 2007.. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND ??b??" x PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.ricco@fedphe.com Jason Ricco, 1482 Service Department June 21, 2007 Naomi L. Valdez a/k/a Naomi L. Martin 266 Susquehanna Avenue Enola, PA 17425 Representing Lenders in Pennsylvania and New Jersey RE: The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee vs. Naomi L. Valdez a/k/a Naomi L. Martin Premises Address: 266 Susquehanna Avenue, Enola, PA 17025 Cumberland County, No. 07-2492 Civil Term Dear Naomi L. Valdez a/k/a Naomi L. Martin, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), 1 am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by June 28, 2007. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very trul urs, ;mot Jason Ricc For Daniel G. Schmieg, Esquire 12 vG i 0 a ti N A d ? a 00 -x0 ? M ti U i'L' d ? ,r c 4 ? V n O ? n V V W ro) N N 4 I y 'b N y 7 E 7 C ? .O, v y tR E c £ a. y ?o E u v ? v E j.61 3000dlZ W021ja31lbvd L? O Ol08DZb000 AL zo ; o [?- ?' oc x ? A V O AA09 A3NL/d I? C : Aj? ®I? ' Z• E 4 •? C J Y' N O y O E- ? a Q o 0 o • voa?•$? ?E!Oay3 d ? U N X H V - O E C V y O - .5 2 a u 4' ? ? y . c a a •= . bf, w a.? O ti w O y N O N O - C >.a u u tav EN r a ?.^ 1M 7 .? °) y ? E ? E ti S r F E v F a CL W c F > d a 0 c a L ? QjQ? as ¢ a ? E cOi a a a w a a° ,b G o W z a V ?U" N W (u C > a O a c c > a Q Is z z; . ? z Z N V U E * iF ? V ? ? a? z • ? w0 T .D r-1 •a 7 ? N M h e0 N o0 O? O N .-a z ° a a F M r-1 VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP leg, Esquire Attorney for Plaintiff July 2, 2007 9 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.ricco@fedphe.com The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee Attorney for Plaintiff Court of Common Pleas Civil Division VS. Cumberland County No. 07-2492 Civil Term Naomi L. Valdez a/k/a Naomi L. Martin CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Naomi L. Valdez a/k/a Naomi L. Martin: 266 Susquehanna Avenue Enola, PA 17025 10 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP B --- e . Schmieg, Esquire Date: July 2, 2007 Attorney for Plaintiff 11 N C? ?? rc.??! ; u , , ? y,. , ; ? ?, ? ?r , _ ? ; _ ..,, ( ` 4,? ` - ? J `? ?' ? ` .. _s} .. ?• ?X ??? PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN No. 07-2492-CIVIL TERM Defendants PRAECIPE TO REINSTATE CPAL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. JP LAN HALLINAN S G, LLP By: .?.------ F CIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: July 2, 2007 /jmr, Svc Dept. File# 153628 C?n C=? t: _ p ?i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee VS. Naomi L. Valdez a/k/a Naomi L. Martin Civil Division No. 07-2492 Civil Tenn 1111 0 5 W'*w Q ORDER AND NOW, this -1 day of %J? , 2007, upon consideration of Plaintiff's Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Naomi L. Valdez a/k/a Naomi L. Martin, by: 1. Posting of the premises: 266 Susquehanna Avenue, Enola, PA 17025. 2. First class mail to Naomi L. Valdez a/k/a Naomi L. Martin at the mortgaged premises located at 266 Susquehanna Avenue, Enola, PA 17025; and 2 r y 3. Certified mail to Naomi L. Valdez a/k/a Naomi L. Martin at the mortgaged premises located at 266 Susquehanna Avenue, Enola, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. THE COURT: J. Cc: Naomi L. Valdez a/k/a Naomi L. Martin 266 Susquehanna Avenue Enola, PA 17025 3 9 10 Hd 0 I iai+ t00l A?l a' ri ij'' ?" CJ ?Hl dO PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY vs. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN No. 07-2492-CIVIL TERM Defendant PRAECIPE TO REINSTATE CPAL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HALLIN & C G, LLP By: S F CIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff Date: July 30, 2007 /jmr, Svc Dept. File# 153628 r V C 0 F C r N ca ca q 5 -OM :S? ?m Of PIHELAN HALLINAN & SCHMIEG LLP r By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan , Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION vs. Naomi L. Valdez a/k/a Naomi L. Martin Defendant : CUMBERLAND COUNTY : NO. 07-2492-Civil Term AFFIDAVIT OF SERVICE OF COMPLAINT BY MAIL PURSUANT TO COURT ORDER I hereby certify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to Naomi L. Valdez a/k/a Naomi L. Martin at 266 Susquehanna Avenue, Enola, PA 17025, on July 30, 2007, in accordance with the Order of Court dated July 9, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: July 30, 2007 RANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff •a r 7160 3901 9845 0730 1642 ii PS Form 380 0 Janua 2005 RETURN Postage 41 RECEIPT Certified Fee 2.65 SERVICE Return Receipt Fee 2.15 Restricted Delivery 0.00 Total Postage & Fees 5.21 US Postal Service POST TE Receipt for Certified Mail . No Insurance Cavaage Provided t K t ' Do Not Use for intemationai Mail _--.- n ----------------- f=? t7 ??, 0 r f-' Cy it'tr'n- C/3 N' 5 rn cn ?C SHERIFF'S RETURN - REGULAR CASE NO: 2007-02492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK TRUST COMPANY BANK OF VS VALDEZ NAOMI L ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VALDEZ NAOMI L A/K/A NAOMI L MARTIN the DEFENDANT , at 1645:00 HOURS, on the 2nd day of August 2007 at 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 by handing to POSTED PROPERTY AT 266 SUSQUEHANNA AVENUE ENOLA 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 Posting Surcharge So Answers: 18.00 14.40 / 6.00 10.00 R. Thomas Kline Y Jo9?b? 9,,,, ? 48.40 Sworn and Subscibed to before me this day 08/06/2007 PHELAN HALLINAN SCHMIEG By: //,Z Deputy Sheriff of A. D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff VS. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 07-2492-CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: October 17, 2007 B By: &AZI QUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff LAN HALL ArSCHMIEG, LLP F NCIS SINAN ES /jmr, Svc Dept. File# 153628 r.s Q Ol 3? -::. rn Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 ATTORNEY FOR PLAINTIFF Philadelphia, PA 19103 215 563-7000 The Bank of new York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A. as Trustee : Court Of Common Pleas : Civil Division VS. Naomi L. Valdez a/k/a Naomi L. Martin : Cumberland County : No. 07-2492-Civil Term AFFIDAVIT OF SERVICE BY PUBLICATION IN ACCORDANCE WITH COURT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated July 9, 2007 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in The Sentinel on October 20, 2007 and The Cumberland Law Journal on October 26, 2007. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. F ancis S. Hallinan, Esquire Date: November 27, 2007 Jason Ricco Service Dept. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) October 20, 2007 COPY OF NOTICE OF PUBLICATION NOTICE OF 4CTM IN,NgIi11TOA" Lowng IN THE COUNT Of COMMON PLE/18 OP Cum LINTY, PENNSYLVANIA 'CIVIL ACTIN - LAW The Bank of Now York Trust Company, N.A., COURT OF COMMON PLEAS as Successor to .Iii Morgan Chase Bank, N.A., as Trustee CIVIL DIVI$ION Vs. CUMBERLAND COUNTY Naomt,L. Vaklez aWA Naomi L. Martin _ NO. 07-2492-CM[ Term N&ME TO Naomi L.'Vaklez sWa Naomi L. Martin : You ryas -hatoby notuled that on April ? Ww, Plaintiff, The Bank of Now York Trust . Company, N.A.,"Successor bJO **WO I :N:A.,asTrt?*W,t r ti ?of COMmhm of on P Cumendorsed berland CCounty, Penny afi4a,docketed to No. 07-2492-CHIT Term. Yt n Plaintiff seeks to foreclose on the in secured on your property bcated at 296 Susquehanna Avenue, Enola, PA' WS wtidreupon your wow be+oO dy*W BhW* oR Coinborp?d County. You sit hereby nor?`b0plead to ftaabow refertsiced Comple,ii t on or before 20 days from the date of this pubncation or a Judgment win be entered against you. I!RyllEf If you wish to defend, you must canter a wren appearance. p. ereortany sP by #ttorney and ills your deferisae or objections in writing with hire court. Yrpu arre warned that if you id to do soft cane may proceed without you and ai ftWgh* `rnayi* dntrfi°sid iiiis rnar?sy or ormoporly or-o Mu i bye `Ys rrtaX.. ???? mporMnt_ta:you, YOU S 11tLD Tat( 18 NOTICE TO YOUR LAM R'AT ONCE. IF YOU DO NOT HAVE A LAWYeA. GO TO OR TELEPHONE TM (WFICE BET FORTH BELLOW. THIS OPME CAN PROVIDE YOU WITH INFORMATION ABOUT HM A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, TWIG FICE MAY BE ABLE TO f V YOU > INF TI 1K ABOUT A `S THAT MAY OFFER LEGAL SOWICES TO EL GI E PERSONS AT A REDDUCED FE$ 6R NO FEE. CUMBERLAND COUNTY LAWYER R REAL SER CUMS WM! TY tA6MON 4 19 TI3?i3? ip ,cs a?0 :ioonosts suer r• _ 't! ^-•d51A .t.. ..n Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 23rd. day of October, 2007. a)2 Notary Public My commission expires: 911 kv COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnslina L. Wolfe, Notary Public Cad sle Boro, Cumberland County My Commission Expires Sept. 1, 2008 Member, Pennsvivania Association Of Notaries 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 October 26, 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. Lisa Marie Coyne, E for SWORN'TO AND SUBSCRIBED before me this 26 day of October, 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-2492-Civil Term The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee vs. Naomi L. Valdez a/k/a Naomi L. Martin NOTICE TO Naomi L. Valdez a/k/a Naomi L. Martin: You are hereby notified that on April 30, 2007, Plaintiff, The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A., as Trustee, filed a Mortgage Foreclosure Complaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of Cumber- land County, Pennsylvania, docketed to No. 07-2492-Civil Term. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 266 Susquehanna Avenue, Enola, PA 17025 whereupon your property would be sold by the Sheriff of Cumberland County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Oct. 26 9 CO 1_ ? t ?C7 %J7) r71 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT, THIRD FLOOR SAN DIEGO, CA 92123 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 NO. 07-2492- CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN, 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 4/28/07 to 12/03/07 TOTAL $77,792.62 $5,368.00 $83,160.62 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. c t DANIEL G. SCHMIEG, E QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: A&5k, -, I a,., J "- P - L . 1 11 ?20 PROTHY a" 153628 0- 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 THE BANK OF NEW YORK TRUST COMPANY, : COURT OF COMMON PLEAS N.A., AS SUCCESSOR TO JP MORGAN CHASE BANK, N.A. AS TRUSTEE : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. :NO. 07-2492-CIVIL TERM NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant TO: NAOMI L. VALDEZ A/K/A NAOMI L. MA RTIN >- 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 DATE OF NOTICE: NOVEMBER 27.2007 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 F NCIS S. HALLINAN, ESQUIRE A Attorneys for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT, THIRD FLOOR Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2492- CIVIL TERM 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 NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN is over 18 years of age and resides at, 266 SUSQUEHANNA AVENUE, ENOLA, PA 17025. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff -0- R 4 o Sti .? - 7 o 00 p s ? ? 'r u G GD : I , a (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE 9275 SKY PARK COURT, THIRD FLOOR Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2492- CIVIL TERM Defendant(s). DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Notice is given that a Judgment in the above-captioned matter has been entered against you on Lyn- g 200 7 . By. 0K41 If you have any questions concerning this matter, please contact: (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, No. 07-2492- CIVIL TERM V. . NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 12/04/07 TO 06/11/08 (per diem -$13.67) Add'1 Costs TOTAL $83,160.62 $2,610.97 and Costs $4,787.74 $90,559.33 2 j J? c SJ4, DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Statio 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. 153628 L 00 0 O? w04 &OD O Z E" O Z off ?C?W rWE.., UZ W0 0o z? ? H U wTk ?A oz? O ? ? t7 ?a W W O OS H a O W a 0 z 0 H U_ W wo O u H ? ?w a? U a r a? 4 ll? 1 0>1 0 w N O n CL a z° w w z a ?o ?o N a? ,a a 00 M rr w ? d 7- -r- O' 0?0 000 0 00 400p oe 0 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). NO. 07-2492- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: O 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. &\ ) DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C-r2 - (F l THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2492- CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE, 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 ,266 SUSQUEHANNA AVENUE, ENOLA, PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. =2 )1n: December 3, 2007 22IJ DATE DANIEL G. SCHMIEG, ESQU Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). CUMBERLAND COUNTY No. 07-2492- CIVIL TERM December 3, 2007 TO: NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 266 SUSQUEHANNA AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriff s Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,160.62 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE (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 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Susquehanna Avenue which point is 165 feet East of the Northwesterly comer of Wyoming and Susquehanna Avenues; THENCE thru the center of a partition wall and beyond North 10 degrees 20 minutes West 140 feet to a point; THENCE North 79 degrees 40 minutes East 25 feet to a Point; THENCE South 10 degrees 20 minutes East 140 feet to a point on the Northerly line of Susquehanna Avenue, aforesaid; THENCE along the same South 79 degrees 40 minutes West 25 feet to a point, the place of BEGINNING. BEING premises known as 266 Susquehanna Avenue. BEING the same premises which Wayne A. Krout and Dorothy L. Krout, his wife by Indenture dated 07/13/1960, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page Y19-298, granted and conveyed unto Michael Frances Bobitz and Laura M. Bobitz, his wife, in fee. PARCEL IDENTIFICATION NO: 09-14-0832-099 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Naomi L. Valdez, by Deed from Michael Francis Bobitz and Laura M. Bobitz, his wife, dated 06/15/2004, recorded 07/06/2004, in Deed Book 263, page 4928. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2492 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JP MORGAN CHASE BANK, N.A. as Trustee, Plaintiff (s) From NAOMI L. VALDEZ a/k/a NAOMI L. MARTIN (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 $83,160.62 L.L.$ 0.50 Interest from 12/04/07 to 6/11/08 (per diem-$13.67) -- $2,610.97 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $307.60 Other Costs $4,787.74 Plaintiff Paid Date: 12/05/07 ?oK v Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 SHERIFF'S RETURN - REGULAR CASE NO: 2007-02492 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NEW YORK TRUST COMPANY BANK OF VS VALDEZ NAOMI L ET AL STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon VALDEZ NAOMI L A/K/A NAOMI L MARTIN the DEFENDANT , at 2015:00 HOURS, on the 1st day of November-, 2007 at 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 by handing to PROPERTY POSTED AT 266 SUSQUEHANNA AVE ENOLA 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 14.40 Posting 6.00 Surcharge 10.00 1t1s4?t?7 ?,, .00 48.40 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 11/06/2007 PHELAN HALLINAN SCHMIEG By: eputy Sheriff A. D. Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney I.D. No.: 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19102 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2492 CIVIL TERM AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 I hereby certify that a true and correct copy of the Notice of Sheriff Sale in the above captioned matter was sent by regular mail and certified mail, return receipt requested, to NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN on DECEMBER 5, 2007 at 266 SUSQUEHANNA AVENUE, ENOLA, PA 17025 in accordance with the Order of Court dated JULY 9, 2007. The property was posted on FEBRUARY 17, 2008. Publication was advertised in THE SENTINEL on JANUARY 30, 2008 & in CUMBERLAND LAW JOURNAL on DECEMBER 21, 2007. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification to authorities. PHELAN IAALLINAN & SCHMIEG, LLP By: L G, ESQUIRE Dated: March 11, 2008 J! u. p 5 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA The Bank of New York Trust Company, N.A., as Successor to JP Morgan Chase Bank, N.A. as Trustee Civil Division VS. No. 07-2492 Civil Term Naomi L. Valdez . a/k/a Naomi L. Martin ORDER AND NOW, this day of 2007, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Naomi L. Valdez a/k/a Naomi L. Martin, by: 1. Posting of the premises: 266 Susquehanna Avenue, Enola, PA 17025. 2. First class mail to Naomi L. Valdez a/k/a Naomi L. Martin at the mortgaged premises located at 266 Susquehanna Avenue, Enola, PA 17025; and 2 AFFIDAVIT OF SERVICE PLAINTIFF THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE DEFENDANT(S) NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN PLEASE POST FOR: NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN AT ADDRESS: 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 SERVED CUMBERLAND COUNTY No. 07-2492- CIVIL TERM ACCT. #163628 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to NA0M ( k- V AL bF 2 , Defendant, on the f 7 day of _ r 200$' at ?:?F ,o'clockp.m.,at 9CC St+IS4kV? iua tardd? KOLA ' Commonwealth of Pennsylvania, in the manner described below: 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: OXtBD PREMts" W t TN 1 IOTIC- 6-V S*6.01flF 'S SVc-€ Description: Age // Height Weight Race Sex Other 11 ?DM1 t.,P A lU L -,a competent adult, being duly sworn according to law, depose and state that I personally hande&e? 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 17 day of ?O , 2004. IpAt"" Notary: TT By: 4"-0 P ASiT111 NOTARY P FIAT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. N STATE OF NEW JERSEY NOT SERVED On the MY COMMISSION EXPIRES 1012512012 day of , 200,_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200_. Notary: I? Vacant 2°d Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Dl?i ???.,. f e iF .. _ f . 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 December 21, 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. i Marie Coyn ditor SWORN TO AND SUBSCRIBED before me this 21 day of December, 2007 Notary F TARIAL SEAL RAH A COLLINS tary Public , CUMBERLAND COUNTY n Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 07-2492 CIVIL TERM THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JP MORGAN CHASE BANK, NA AS TRUSTEE VS. NAOMI L. VALDEZ a/k/a NAOMI L. MARTIN NOTICE TO: NAOMI L. VALDEZ a/k/a NAOMI L. MARTIN NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TAKE NOTICE that the real estate located at 266 SUSQUEHANNA AV- ENUE, ENOLA, PA 17025 is sched- uled to be sold at Sheriff's Sale on Wednesday, JUNE 11, 2008 at 10:00 A.M., Cumberland County Court- house, South Hanover Street, Carl- isle, PA 17013, to enforce the court judgment of $83,160.62, obtained by THE BANK OF NEW YORK TRUST COMPANY, NA AS SUCCESSOR TO JP MORGAN CHASE BANK, NA AS TRUSTEE (the mortgagee). ALL THAT CERTAIN tract or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Susquehanna Av- enue which point is 165 feet East of the Northwesterly corner of Wyoming and Susquehanna Avenues; THENCE thru the center of a partition wall and beyond North 10 degrees 20 minutes West 140 feet to a point; THENCE North 79 degrees 40 minutes East 25 feet to a Point; THENCE South 10 degrees 20 minutes East 140 feet to a point on the Northerly line of Susque- hanna Avenue, aforesaid; THENCE along the same South 79 degrees 40 minutes West 25 feet to a point, the place of BEGINNING. BEING premises known as 266 Susquehanna Avenue. BEING the same premises which Wayne A. Krout and Dorothy L. Krout, his wife by Indenture dated 07/ 13/ 1960, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page Y19-298, granted and conveyed unto Michael Frances Bobitz and Laura M. Bobitz, his wife, in fee. Being Premises 266 SUSQUEHAN- NA AVENUE, ENOLA, PA 17025. Improvements consist of residen- tial property. Sold as the property of NAOMI L. VALDEZ a/k/a NAOMI L. MARTIN. CONDITIONS OF SALE: THE HIGHEST AND BEST BIDDER SHALL BE THE BUYER. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff' on JULY 11, 2008, distribu- tion will be made in accordance with the schedule unless exceptions are filed within ten days thereto. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Suite 1400 One Penn Center 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Dec. 21 12 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Troy Whitesel, Classified Advertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tanuary 30, 2008 COPY OF NOTICE OF PUBLICATION NOTl4KOFAC'170NIN YORTOWFORECLOSURE CQIlRT QF.COMMQN PLEA8 40.l iJ114.ANp , PENNSYLVANIA , CMLRM THE BANK OF NEW YO TRUST COMPANY, MA AS SUCdtt8SOR T6 JP MORO CHASE SAW NA AS TRUSTEE ve, - NJAOMI L. VALDEZA/K/A NAOMI L. MA"N' Tb Ni WO MI L. VALDEZ A/K/A NAOMI L. MARTIN 'NOTICE OF SHERIFF'S SALE OF REAL PROPERTY' TAKE t?IOTICE th at, the real estate located at 266 SU QUEHANNA AVENUE, PA'7t schetfuled to her sold etv+hsrla Sale on Wednesday, JUNE 11, kt 10,.M 7to BK OF NTRUSTCOMPA Y?A°AS SUCCESSOR TO JP MORGAN CHA8ffSAN1(, Tf?tISTEE (the mort9a9?)• ALL THAT CttzRTAIN tract or parcel of land situate In East Pennsboro Township, Cumberland County; Pennsylvania, more particutariy bounded and described as follows, to wit: r- ._. at m on q?i orthOdy line of Swqushanns Avenue which point Is 166 of tlel North?we oftwrofW ingand Suar"hanna Avenues; TH E thru the center of a rt ton Wall and North 10 degrees 2?0 minutes W f t,? y? tb a polrit:.Tf LNCE ? 40 mint" Eat 25,fsetto a Pd t 1 .E 8tt t 10 29'mihuies 140 feet to a point on the Norihariii JIM of'$t elli0sharMw ue, aforssatd; THENCE along the same South 7940"ss40 rrnlnlrilss Wglt.25 feet to a p K i re place of BEGINNING. BEING prrtntisss known as 266 Susquehanna Avenue. tlla prernfses which Waylfs A. Krout and Dorothy L. Krout, his dstsd?07lt%"W, tM1d anorded In the Office for an Srs;.• Wand for tthe4ea Ny of Cumbstiatld, Worlisafd, In IMS10to -Y1I,2K lirv- amk conv unt ar Michael fibbl and Laura M. Bobra4 bls wits, Infsyrd ee. BeitQPr*m sea266 SUSCIU044NNKAVENt1E, ENOLA, PA 17025 irnprov ania consist of reeidenttat property. , "prop" ot'NAOMI L. VALDEZ A1rAk NAOMI L. MARTIN sl id as BUQNPITIONS OF SALE: THE HIGHEST AND BEST BIDDER, SHALL BE THE TAKYYEERRNOTICE-that a Schedule of Distribution. be filed by the Sheriff on JULY 11;'2 , distrUllion will be madJ±:lih " ante with the ached, unless "c6poons are RW within ten days Danie14t Esquire Suffer 140p,flt+e ann Ce 1 Jgt?n i i$f f3 4 rd 159-?t100 ' Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 30th. day of January, 2008. & etievk-." Notary Publi My commission expires: 911 /0? COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Pubic Carlisle Boro, Cumberland County My Commission Expires Sept 1, 2008 Member, Pennsylvania Association Of Notaries i r 1 3 i" Ev. ? T_ Ts W, THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN NO. 07-2492- CIVIL TERM Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) THE. RANK OF NEW YORK TRUST COMPANY, N_A_ AS SUCCESSOR TO .IPM )RGAN CHASE RANK, N_A_ AS TRITSTF.F., 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,2b5, SUSQ11F.HANNA AVENUF, ENOLA, PA 17025 _ 1. 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. May 2, 2.0OR DATE DANIEL G. SCHM EG, ESQUIRE Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THE BANK OF NEW YORK TRUST COMPANY, N.A. CUMBERLAND COUNTY AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. COURT OF COMMON PLEAS AS TRUSTEE Plaintiff CIVIL DIVISION V. NO. 07-2492- CIVIL TERM . NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 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: 266 Si TSQj JEHANNA AVENITF,RNOLA, PA 17025. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders 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. p a ANIEL G. SCHM G, ESQUIRE Attorney for Plaintiff Date: May 2, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cnid in the ah n e of a renresenti iye of the plaintiff a h Sh riff's Sale The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 153628 -g0.1&1 100E Al .S 1 rn A °° 4-. a a a a ?+ a ? yrpb? Q31!'dM1 aoojd(Z o . 0 LOS 6Zbt3 40 .7 M os A g % .0,,,MM ANNNO-08' . 11) ) NOWFAW ?g " o X0 .? .-. o L 04 • i.:i r- en < C-4 a ? v4 c a ;3 O, .a w ? F7i' w ? ? ? O ? v r, p er?.. a o o ?? 'fib ? o `? •a ? z ? ? ? cgs ,?a Aa Z Z y E a m w N ^+ N M V in ?C h w m D ?+ N t+1 tl' h ? G m ?' ? rn? ?.c ? ? . : ? ? e ?T ? ? "? j ` ` ?"? _ 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 BANK OF NEW YORK TR CO TR is the grantee the same having been sold to said grantee on the 11TH day of JUNE A.D., 2008, under and by virtue of a writ Execution issued on the 5TH day of DEC, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 2492, at the suit of BANK OF NEW YORK TR CO TR against NAOMI L VALDEZ AKA NAOMI L MARTIN is duly recorded as Instrument Number 200820750. IN TESTIMONY WHEREOF, I have h eunto set my hand an"l of said office this day of A.D. of Deeds Reewvf* a. c wrweriano Cwnty, Ca?fislp, PA iraa 1% AM Monday of Jan. 2010 The Bank of New York Trust Company, N.A., In the Court of Common Pleas of As Successor to JP Morgan Chase BAnk, N.A. Cumberland County, Pennsylvania Vs Writ No. 2007-2492 Civil Term Naomi L. Valdez a/k/a Naomi L. Martin Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on March 24, 2008 at 1555 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: Naomi L. Valdez a/k/a Naomi L. Margin by making known unto Naomi L. Valdez a/k/a Martin personally, at 6 Mallard Court, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April O1, 2008 at 1126 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 Naomi L. Valdez a/k/a Martin located at 266 Susquehanna Avenue, Enola, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Naomi L. Valdez a/k/a Martin regular mail to her last known address of 265 Susquehanna Avenue, Enola, PA 17025. This letter was mailed under the date of March 31, 2008 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 June 11, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of The Bank of New York Trust Company, N.A. as Successor to JPMorgan Chase Bank, N.A., as Trustee. It being the highest bid and best price received for the same, The Bank of New York Trust Company, N.A. as Successor to JPMorgan Chase Bank, N.A. of 9275 Sky Park Court, San Diego, CA 92123, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,005.25. Sheriff's Costs: Docketing 30.00 Poundage 19.71 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 34.56 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Patriot News 361.25 Share of bills 14.73 Distribution of proceeds 25.00 Sheriff's deed 39.50 $1,005.25 Ci/21bF ?, So s• Sheriff 1ine5 Momas R• 'v Real Estate geant V;-) pl?A- e vv y° L q y saw tHE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE CUMBERLAND COUNTY BANK, N.A. AS TRUSTEE COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN NO. 07-2492- CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE, 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 x266 SUSQUEHANNA AVENUE, ENOLA PA 17025. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r 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) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TenantlOccupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. December 3, 2007 DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-2492- CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE Plaintiff, V. NAOMI L. VALDEZ A/K/A NAOMI L. MARTIN Defendant(s). CUMBERLAND COUNTY No. 07-2492- CIVIL TERM December 3, 2007 TO: NAOMI L. VALDEZ AXIA NAOMI L. MARTIN 266 SUSQUEHANNA AVENUE ENOLA, PA 17025 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 266 SUSQUEHANNA AVENUE, ENOLA, PA 17025, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $83,160.62 obtained by THE BANK OF NEW YORK TRUST COMPANY, N.A. AS SUCCESSOR TO JPMORGAN CHASE BANK, N.A. AS TRUSTEE (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) 3-7000. 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Susquehanna Avenue which point is 165 feet East of the Northwesterly corner of Wyoming and Susquehanna Avenues; THENCE thru the center of a partition wall and beyond North 10 degrees 20 minutes West 140 feet to a point; THENCE North 79 degrees 40 minutes East 25 feet to a Point; THENCE South 10 degrees 20 minutes East 140 feet to a point on the Northerly line of Susquehanna Avenue, aforesaid; THENCE along the same South 79 degrees 40 minutes West 25 feet to a point, the place of BEGINNING. BEING premises known as 266 Susquehanna Avenue. BEING the same premises which Wayne A. Krout and Dorothy L. Krout, his wife by Indenture dated 07/13/1960, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page Y19-298, granted and conveyed unto Michael Frances Bobitz and Laura M. Bobitz, his wife, in fee. PARCEL IDENTIFICATION NO: 09-14-0832-099 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Naomi L. Valdez, by Deed from Michael Francis Bobitz and Laura M. Bobitz, his wife, dated 06/15/2004, recorded 07/06/2004, in Deed Book 263, page 4928. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-2492 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST COMPANY, N.A., as Successor to JP MORGAN CHASE BANK, N.A. as Trustee, Plaintiff (s) From NAOMI L. VALDEZ a/k/a NAOMI L. MARTIN (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 $83,160.62 L.L.$ 0.50 Interest from 12/04/07 to 6/11/08 (per diem-$13.67) -- $2,610.97 and Costs Atty's Comm % Atty Paid $307.60 Plaintiff Paid Date: 12/05/07 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $4,787.74 Prothonotary By: ??192 'A Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JFK BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-896-7000 Supreme Court ID No. 62205 P t ? , N Real Estate Sale # 25 On February 20, 2008 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA Known and numbered as 26.6 Susquehanna Avenue, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Y".r;j i Date: February 20, 2008 By: j rYU Real Estdt? Sergeant I?The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 t4tPatriot News Now you know 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither 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 This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to acid syl5scribed before me this 27 day of May, 2008 A.D. Notary COMMONWEALTH OF PENNSYLVANIA Notanal Seal Chyde L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale #25 Writ No. 2007-2492 Civil Term The Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank, N.A. VS Naomi L. Valdez a/k/a Naomi L. Martin Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Susquehanna Avenue which point is 165 feet East of the Northwesterly comer of Wyoming and Susquehanna A venues; THENCE thru the center of a partition wall and beyond North 10 degrees 20 minutes West 140 feet to a point; THENCE North 79 degrees 40 minutes East 25 feet to a Point; THENCE South 10 degrees 20 minutes East 140 feet to a point on the Northerly line of Susquehanna Avenue, aforesaid; THENCE along the same South 79 degrees 40 minutes West 25 feet to a point, the place of BEGINNING. BEING premises known as 266 Susquehanna Avenue. BEING the same premises which Wayne A. Krout and Dorothy L. Krout, his wife by Indenture dated 07/13/1960, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page Y19,29k panted and conveyed unto Michael Frances Bobitz and Laura M. Bobitz, his wife, in fee. PARCEL IDENTIFICATION NO:09-14-0832- 099 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Naomi L. Valdez, by Deed from Michael Francis Bobitz and Laura M. Bobitz, his wife, dated 06/ 15/2004, recorded 07/06/2004, in Deed Book 19, page 4928. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 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. SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RJIAL =TAT2 9ALN 110. 25 Writ No. 2007-2492 Civil The Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank, N.A. vs. Naomi L. Valdez a/k/a Naomi L. Martin Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Northerly line of Susquehanna Avenue which point is 165 feet East of the Northwesterly corner of Wyoming and Susquehanna A venues; THENCE thru the center of a partition wall and beyond North 10 degrees 20 minutes West 140 feet to a point; THENCE North 79 degrees 40 minutes East 25 feet to a Point; THENCE South 10 degrees 20 minutes East 140 feet to a point on the Northerly line of Susquehanna Avenue, aforesaid; THENCE along the same South 79 degrees 40 minutes West 25 feet to a point, the place of BEGINNING. BEING premises known as 266 Susquehanna Avenue. BEING the same premises which Wayne A. Krout and Dorothy L. Krout, his wife by Indenture dated 07/ 13/ 1960, and recorded in the Office for the Recording of Deeds &c, in and for the County of Cumberland, aforesaid, in Deed Book and Page Y19-298, granted and conveyed unto Michael Frances Bobitz and Laura M. Bobitz, his wife, in fee. PARCEL IDENTIFICATION NO: 09-14-0832-099. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Naomi L. Valdez, by Deed from Michael Francis Bobitz and Laura M. Bobitz, his wife, dated 06/15/2004, recorded 07/06/2004, in Deed Book 263, page 4928.