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HomeMy WebLinkAbout07-7407 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 01- '1401 &?, :- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 157197 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 File #: 157197 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 #: 157197 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 #: 157197 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. Pile #: 157197 I . Plaintiff is CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/04/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1838, Page: 329. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 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. File #: 157197 6. The following amounts are due on the mortgage: Principal Balance $215,179.39 Interest $7,954.19 04/01/2007 through 12/07/2007 (Per Diem $31.69) Attorney's Fees $1,325.00 Cumulative Late Charges $190.60 09/04/2003 to 12/07/2007 Cost of Suit and Title Search 550.00 Subtotal $225,199.18 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $225,199.18 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 157197 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $225,199.18, together with interest from 12/07/2007 at the rate of $31.69 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: F CIS S. HA LIMA , E UIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 157197 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR Lot OF LAND, TOGETHER WITH IMPROVEMENTS, SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Northern RIGHT-OF-WAY LINE OF BARBARA DRIVE (50.00 FEET WIDE), SAID POINT BEING LOCATED AT THE Southwestern CORNER OF Lot NO. 302; THEN ALONG SAID RIGHT-OF-WAY LINE ON THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 175.00 FEET, AND AN ARC LENGTH OF 90.00 FEET, TO A POINT AT THE Northeastern CORNER OF Lot NO. 299; THEN ALONG THE Northern BOUNDARY LINE OF Lot NO. 299, North 59 DEGREES 27 MINUTES 07 SECONDS West, FOR A DISTANCE OF 239.06 FEET, TO A POINT ON THE Southern RIGHT-OF-WAY LINE OF SKYPORT Road (50.00 FEET WIDE); THEN ALONG SAID RIGHT-OF-WAY LINE OF SKYPORT Road ON THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 1,243.24 FEET, AND AN ARC LENGTH OF 209.04 FEET TO A POINT; THEN ON THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 3,139.63 FEET, AND AN ARC LENGTH OF 29.25 FEET, TO A POINT AT THE Northwestern CORNER OF Lot NO. 302; THEN ALONG THE Western BOUNDARY LINE OF Lot NO. 302, South 29 DEGREES 59 MINUTES 07 SECONDS East, FOR A DISTANCE OF 139.69 FEET, TO A POINT AND THE PLACE OF BEGINNING. THIS PIECE, PARCEL OR Lot OF LAND CONTAINS APPROXIMATELY 24,765.30 SQUARE FEET OF LAND, AND IS KNOWN AND NUMBERED AS Lot NO. 301 ON THE File #: 157197 FINAL SUBDIVISION Plan FOR GOOD HOPE FARMS South-PHASE V, WHICH IS RECORDED IN CUMBERLAND COUNTY IN Plan BOOK 79, PAGE 91. BEING A PART OF THE SAME PREMISES WHICH THOMAS W. GAUGHEN, D/B/A TWG REAL ESTATE MANAGEMENT SERVICES, CONVEYED TO THE MCNAUGHTON COMPANY, A PENNSYLVANIA CORPORATION, BY DEED DATED October 5, 1994 AND RECORDED IN CUMBERLAND COUNTY IN RECORD BOOK 112, PAGE 1058. PARCEL NO: 10-19-1602-123 PROPERTY BEING: 5585 BARBARA DRIVE File #: 157197 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Atto ey for Plaintiff DATE'-_ al (6?-- O ? -.J F, I SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-07407 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS CONNOLLY JOSEPH E 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 CONNOLLY JOSEPH E A/K/A CONNOLLY JOSEPH EDWARD but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT CONNOLLY JOSEPH EDWARD 4036 SENECA AVENUE NOT FOUND , as to CONNOLLY JOSEPH E A/K/A CAMP HILL, PA 17011 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge Jj6,4/08' 9,,. So answers- 6.00 14 .4 0-== 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 ? 35.40 PHELAN HALLINAN SCHMIEG 12/28/2007 Sworn and Subscribed to before me this day of A. D. « r CASE NO: 2007-07407 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS CONNOLLY JOSEPH E ET AL JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CONNOLLY JOSEPH E A/K/A CONNOLLY JOSEPH EDWARD the DEFENDANT , at 0950:00 HOURS, on the 27th day of December-, 2007 at 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 JOSEPH CONNOLLY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.56 Affidavit .00 Surcharge 10.00 .00 !/63/DF 38.56 Sworn and Subscibed to before me this day of , So Answers: cf R. Thomas Kline 12/28/2007 PHELAN HALLINAN SCHMIEG By: De ty Sheriff A.D. PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M COURT OF COMMON PLEAS TO CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION CUMBERLAND COUNTY V. NO. 07-7407 CIVIL TERM JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Dated: 4/A/ of File #: 157197 LOAN # 1764217289 Phelan Hallinan and Schmieg, LLP By: ' f Francis S. Hallinan, Esquire Lawrence T. Phelan, Esquire Daniel G. Schmieg, Esquire VERIFICATION ASSISTANT SECRETARY SUMMER WINEGARDNER-PATEL hereby states that he/she is of CHASE HOME FINANCE LLC, 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 unworn falsification to authorities. DATE: wk*-? e: SUMMER INEGARDNER-PATEL Title: -kSSISTANT SECRETARY Company: CHASE HOME FINANCE LLC Loan:1764217289 File #: 157197 PHELAN HALLINAN & SCHMIEG, LLP BY: Francis S. Hallinan, Esquire Identification No. 62695 Attorney For Plaintiff One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M COURT OF COMMON PLEAS TO CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION V. CUMBERLAND COUNTY NO. 07-7407 CIVIL TERM JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to Substitute Verification was sent via first class mail to the following on the date listed below: JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 Dated. FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL S. SCHMIEG, ESQUIRE Attorney for Plaintiff FILE # 157197 ?? r-.a ?,? - . :?; -?" ,? , ? .?.? --+n n f ?3 ;?? l "['? ,. ?? ' ?' f t . .c- r.? ...?- ? ? 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 CHASE HOME FINANCE LLC, S/B/M TO CHASE : MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY 3415 VISION DRIVE COURT OF COMMON PLEAS COLUMBUS, OH 43219 . Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 Defendant(s). CIVIL DIVISION NO. 07-7407-CIVIL TERM 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 JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY and, 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 $225,199.18 Interest from 12/8/07 to 2/19/08 $2,345.06 TOTAL $227,544.24 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. h_ .. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 2 .3 D PRO OTHY 157197 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 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7407-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 JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY is over 18 years of age and resides at, 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, v. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). CIVIL DIVISION NO. 07-7407-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 . 4, By: '/-DeptTy+- / If you have any questions concerning this matter, please contact: 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." 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) 563-70M CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Vs. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendants COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 07-7407 CIVIL TERM TO: JOSEPH E. CONNOLLY AXIA JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: JANUARY 17.2008 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 PURPOSRIF 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 4a'5. il L- FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff Q G 11 y V lj? v? 1 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, , v. No. 07-7407-CIVIL TERM JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 2/20/08 to 6/11/08 (per diem -$37.40) Add' l Costs TOTAL $227,544.24 $4,226.20 and Costs $2,621.50 $234,391.94 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 157197 \J IAJ b r (? n F ri7` T r 0 ti {wl -? WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7407 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Chase Home Finance LLC s/b/m to Chase Manhattan Mortgage Corporation Plaintiff (s) From Joseph E. Connolly a/k/a Joseph Edward Connolly (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 $227,544.24 L.L.$.50 Interest from 2/20/08 to 6/11/08 (per diem -$37.40) $4,226.20 and costs Atty's Comm % Atty Paid $192.96 Plaintiff Paid Date: March 3, 2008 (Seal) Due Prothy $2.00 Other Costs$2,621.50 Curtis R /tong, Prothon By: REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Deputy Supreme Court ID No. 62205 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7407-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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 ,5585 BARBARA DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH E. CONNOLLY A/K/A 5585 BARBARA DRIVE JOSEPH EDWARD CONNOLLY MECHANICSBURG, PA 17050 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) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Name MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. HOME LOAN CENTER, INC., DBA LENDING TREE LOANS Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX 2026 FLINT, MI 48501-2026 3300 SW 34TH AVENUE OCALA, FL 34474 163 TECHNOLOGY DRIVE IRVINE, CA 92618 5. Name and address of every other person who has any record lien on the property: r 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 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 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 unsworn falsification to authorities. February 19, 2008 \J , DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?....j i+,. i -' •.-? i _ ??`.' ~-t , ti? ., ?- _ .. ?'., `-,? ., r ... __ .::? c~? -?, -= 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 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A . JOSEPH EDWARD CONNOLLY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7407-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: ( ) an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ? .! 7?J f•_. •._7 ?...1 _r i`k ..._, f . ? # '"?? i"'Y3 ! ; r ? 1t? i?: ?,, ?` ,. a F CHASE HOME FINANCE LLC, SB/M TO CHASE CUMBERLAND COUNTY MANHATTAN MORTGAGE CORPORATION Plaintiff, No. 07-7407-CIVIL TERM V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). February 19, 2008 TO: JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 "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, 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050, 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 $227,544.24 obtained by CHASE HOME FINANCE LLC, SB/M TO CHASE_ _MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of- way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,234.24 feet, and an arc length of 209.04 feet to a point; thence on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; thence along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 24,765.30 square feet of land, has an address of 5585 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. UNDER AND SUBJECT TO: (a) Any and all easements, liceses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visibly by inspection of the premises. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in and any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants, and Restrictions, recorded in Cumberland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed from The McNaughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. BEING PREMISES: 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050 BEING PARCEL NO. 10-19-1602-123 C': % - - --- . ?"i ? ' ` __- I ? 1 i ? . .. .. l?il ?. i' r. PI Y.4 - ?7 ?? s} ? a e __.t .. ??,.-..?. :.J AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY No. 07-7407-CIVIL TERM ACCT. #157197 DEFENDANT(S) JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY SERVE JOSEPH E. CONNOLLY A/K/A Type of Action - Notice of Sheriffs Sale JOSEPH EDWARD CONNOLLY AT Sale Date: JUNE 11, 2008 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 SERVED Served and made known to - J O?tLI 11- , Defendant, on the day of 200_!7, at -2: 4 C, o'clock Z.m., at Ei of Pennsylvania, in the manner described below: Commonwealth Defendant personally served. _Adult family member with whom Defendant(s) reside(s). Name and Relationship is _X Adult in charge of Defendant(s)'s Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age Height ?iWeight / 70 Race Lv Sex A Other a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs 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 Kenneth 19 Bisb Wee. Baker Drive before me this Sm day BU01Is of 200. Nota By: 1- PLIMf?D i . E AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOTARY PUBLIC STATE OF NEW JERSEY NOT SERVED MY COMMISSION EXPIRES 10/215 M2 On the day of 200,, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1s` Attempt: ' / ?/,? ?- Time: // : f i 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200- Notary: Vacant 2nd 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 nit. ? r t _. rr? _~Yf i w t µ 714 SALE DATE: JUNE 11, 2008 IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE No.: 07-7407-CIVIL TERM CORPORATION CUMBERLAND VS. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE 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: 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. 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. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 3 £OL64 3Qi?odlZ 08-4(3Z1QaD BOOZ 6Z V?? ZO Od9 r £o i :1 53Ma9 A3Nx ?4&Dd d a W °o cUn ci; ? rst m N d ` J Y .f ? Q Q ? o o F, o ? m oo u- ?n N c? ?' 00 00 f'a Z E-? ? d dC-1 O? F-^ W a c s ::3 P61 p V.- ? ." ?d C? U P+ W fl o 0, E^" N W Z N Q ? x r r r+ r1] ?-? ? ? Q ? rT} C? v a? ?UU Lij WU rn 00 11 c) ?,? 30?J,UW?C7?O w 00 00 W E y r W r? N C'I C) Co. r„ Q d p N N N (11 N W Z p W q OW x d a ?' +- oUM Q,T, MHO>oF a 3a a?iod, ° 00 QN Q pU ??- ? ,da U 2 ? ? F- c7 U v ? ? o °° U X C7 ?? -? ?1 Q. c P? d a`C Z O 3 `n C? won o H CD C o M w ffi? ;C :a) o COO° O o BCD a ? 00 ¢ Q .n .v r- ?. yy M d' ?b d Q ^ oo ?+ O rC7 O ,G N cc °n ? U U ? F' O ? G d ??Wv k ? U p O E? a ??EE N C? r ? F o s °o °on q N N d O ? N U N ab '? T C ^ OOA O G ?_ 7 d O, E ^' u J N ? ? OUU N ?. y N O p O O v 0 Q ? W ? a x " W N T O ? W a U oQ x E? W z- Cf] Y U q N o ?p v ? -.h y _ 7 <'? t. ., r_-.? `Ti -? " t_ ..Y'i A ? ._ ?"f ^.-- G? _. _'r ri _">}` ?:: c.,:, Chase Home Finance LLC s/b/m to In the Court of Common Pleas of Chase Manhattan Mortgage Corporation Cumberland County, Pennsylvania VS Writ No. 21007-7407 Civil Term Joseph E. Connolly a/k/a Joseph Edward Connolly Robert Bitner, Deputy Sheriff, who being duly sworn cording to law, states that on April 23, 2008 at 1725 hours, he served a true copy of the within Re Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Joseph E. Connolly a/k/a Joseph Edward Connolly by making known un o Joseph Connolly personally, at 5585 Barbara Drive, Mechanicsburg, Cumberland County, Pe sylvania its contents and at the same time handing to him personally the said true and correct opy of the same. Ron Hoover, Deputy Sheriff, who being duly sworn ac ording to law, states that on April 11, 2008 at 1111 hours, he posted a true copy of the within Re, d Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of J seph E. Connolly a/k/a Joseph Edward Connolly located at 5585 Barbara Drive, Mechanicsb g, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn accor ing to law, states he served the above Real Estate Writ, Notice, Poster and Description in the llowing manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Joseph E. Connolly a/k/a Joseph Edward Connolly by regular mail to his last known address of 5585 Barbara Drive, Mechanicsburg, PA 17050. This letter was mailed and r the date of April 28, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn accor ing to law, states this writ is returned STAYED per letter of request from Attorney Schmie Sheriff s Costs: Docketing 30.00 Poundage 24.33 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 21.12 Levy 15.00 Surcharge 20.00 Postpone Sale 40.00 Law Journal 551.00 Patriot News 492.01 Share of Bills 14.73 $1,241.06 So Answers: R. Thomas Kline; Sheriff BY ?G C 1,?, Real Estate Se eant •00 CA . Ck t. 4 23? GHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7407-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CORPORATION, Plaintiff in the above action, by its attorneyb 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 ,5585 BARBARA DRIVE, MECHANICSBURG, PA 17056 1. Name and address of Owner(s) or reputed Owner(s): Name JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Last Known Address (if address cannot be reasonably ascertained, please indicate) 5585 BARBARA DRIVE MECHANICtSBURG, PA 17050 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) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 4. Name and address of last recorded holder of every mortgage of record: Name MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. HOME LOAN CENTER, INC., DBA LENDING TREE LOANS Last Known Address (if address cannot be reasonably ascertained, please indicate) P.O. BOX *026 FLINT, MI 148501-2026 3300 SW 30H AVENUE OCALA, FII, 34474 163 TECHT40LOGY DRIVE IRVINE, CA 92618 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6`h Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13t° Floor, Suite 1300 1001 Liberty Avenue Pittsburghy 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 unsworn falsification to authorities. February 19, 2008 - b - DATE DANIEL G. SCIHMIEG, ESQUIRE Attorney for Plaintiff Y CHASE HOME FINANCE LLC, S/BJM TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). CUMBERLAND COUNTY No. 07-7407-CIVIL TERM February 19, 2008 TO: JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COL CT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE P VIOUSLYRECEIVED A DISCHARGE IN BANKR UPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NO AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF LIEN AGAINST PROPERTY " Your house (real estate) at, 5585 BARBARA DRIVE. scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at Courthouse, South Hanover Street, Carlisle, PA 17013, to enfc obtained by CHASE HOME FINANCE LLC. SB/M TO Cl CORPORATION (the mortgagee) against you. In the event 1 will be made at said sale in compliance with Pa.R.C.P., Rule 3 10:00 a.m. in the Cumberland County rce the court judgment of 1227,544.24 ie sale is continued, an announcement 29.3. 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 mo gagee the back payments, late charges, costs and reasonable attorney's fees due. To fin 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.) 1. If the Sheriff s 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 buer 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 th 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 dis 'button 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 LAWYE AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR T LEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEG 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 S eriff s Sale. The sale must be postponed or stayed in the event that a representative of he plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR SSOCIATION 2 LIBERTY AVE CUMBERLAND COUNTY CO THOUSE CARLISLE, PA 1701 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as followst BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way li on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at he Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 2 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (!0.00 feet wide); then along said right-of- way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,234.24 feet, and an arc length of 209.04 feet to a point; thence on the arc of a circle curving to the right, h wing a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; thence along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance o 139.69 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 24,765.30 square Net of land, has an address of 5585 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Subdivision Plan for Good Hope Farms South - Phase V, which is recorded in Cumberland Bounty in Plan Book 79, Page 91. UNDER AND SUBJECT TO: (a) Any and all easements, liceses, exceptions, reservations, covenants, greements, conveyances and restrictions which affect the premises and are visibly by inspection of the prem;es. (b) Any and all easements, licenses, leases, exceptions, reservations, covenants, agreements, conveyances and restrictions contained in and any and all prior documents, agreements, instruments, deeds, grants and conveyances affecting the premises. (c) The Declaration of Covenants, and Restrictions, recorded in Cumberland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single Orson, by Deed from The McNaughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. BEING PREMISES: 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050 BEING PARCEL NO. 10-19-1602-123 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7407 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due Chase Home Finance ? LC s/b/m to Chase Manhattan Mortgage Corporation Plaintiff (s) From Joseph E. Connolly a/k/a Joseph Edward Connolly (1) You are directed to levy upon the property of the defendant (s)ar d 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;) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from de ivering 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 hinAer that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $227,544.24 Interest from 2/20/08 to 6/11/08 (per diem -$37.40 Atty's Comm % Atty Paid $192.96 Plaintiff Paid Date: March 3, 2008 L.L.$.50 $4,226.20 and costs Due Prothy $2.110 Other Costs$2, 21.50 (Seal) Deputy REQUESTING PARTY: Name Daniel G. Schmieg, Esq. Address: One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for: Plaintiff Telephone: (215) 563-7000 Supreme Court ID No. 62205 C1 L4-4 Real Estate Sale # 82 On March 13, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 5585 Barbara Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference C wE-S incorporated herein. GVd Date: March 13, 2008 By: Real Estat Sergeant I h :8 V 9 - 8VW 8001 AWNS 3H1 J0 331JJO 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 THE PATRIOT NEWS THE SUNDAY PATRIOT NI Proof of Publication Under Act No. 587, Approved May 1 , 1929 Commonwealth of Pennsylvania, County of auphin) ss the PaffictiwNews Now you know Joseph A. Dennison, being duly sworn according to law, deposes and That he is the Assistant Controller of The Patriot News Co., a corporatio Commonwealth of Pennsylvania, with its principal office and place of business at Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of Th newspapers of general circulation, printed and published at 812 to 818 Market St The Patriot-News and The Sunday Patriot-News were established March 4th, 18 all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is daily and/or Sunday/ Metro editions which appeared on the date(s) indicated beloi interested in the subject matter of said printed notice or advertising, and that all o1 place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly author behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution ur stockholders and board of directors of the said Company and subsequently duly r in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 3 PUBLICATION COPY organized and existing under the laws of the 312 to 818 Market Street, in the City of 3 Patriot-News and The Sunday Patriot-News eet, in the City, County and State aforesaid; that 4, and September 18th, 1949, respectively, and exactly as printed and published in their regular v. That neither he nor said Company is the allegations of this statement as to the time, and empowered to verify this statement on nously passed and adopted severally by the ded in the office for the Recording of Deeds 7. This ad ran on the date(s) shown below: 04/23/08 04/30/08 05/07/08 Sworn to of May, 2008 A. D. C:UMMONWEA TH OF PENNSYLVANIA N 08M Seal Chyrie L. Sh appard, Notary Public City Of Ham Dauphin County My Commissio irg, ires May 29, 2010 Member, Pennsyly*nia Association of Notaries Real Estate Sale # 82 Writ No. 2007-7407 Civil Term Chase Home finance LLC, s/b/m to Chase Manhattan Mortgage Corporation VS Joseph E. Connolly a/Wa Joseph Edward Connolly Attorney: Daniel Schmleg DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right- of-way fine of Barbara Drive (50.00 feet wide), said point being located at the Southwestern comer of Lot No. 302; then along said right-of- way line on the are of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeaster comer of Lot No. 299; then along the Northern boundary lice of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of- way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,234.24 feet, and an arc length of 209.04 feet to a point; thence on-the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an are length of 29.25 feet, to a point at the Northwestern comer of Lot No. 302; thence along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. This piece, parcel or lot of land contains approximately 24,765.30 square feet of land, has an address of 5585 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Subdivision Plan for-Good Hope Farms South - Phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. UNDER AND SUBJECT TO: (a) Any and all easements, liceses, exceptions, reservations, covenants, agreements, conveyances and restrictions which affect the premises and are visibly by inspection of the premises. (b) Any and all easements, licenses, leases, : a ao?'n any and an prior docONIC1113, WMnents, iasuumuats, deck, p ts" aid --yances affecting the premises. (c) The Declaration of Covenants, and Restrictions, recorded in Cumberland County in ' Sscellaneous Book 626, Page 182 as may be applicable to the above described property. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed fiom . The McNaugbton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07124/2002, in Deed Book 252, page 4045. BEING PREMISES: 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050 BEING PARCEL No. I(-19-1602-123 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 truer. Editor SWORN TO AND SUBSCRIBED before me this 16 day of a 2008 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY MY Commission Expires Apr 28, 2010 I Mud YAUL AvrA i axis no. 89 Writ No. 2007-7407 Civil Chase Home Finance LLC, s/b/m to Chase Manhattan Mortgage Corporation vs. Joseph E. Connolly a/k/a Joseph Edward Connolly Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL that certain or lot of Mad. = ., ibai* WWI as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the are of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern comer of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,234.24 feet, and an arc length of 209.04 feet to a point; thence on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; thence along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGIN- NING. _,w' i nis piece, parcel or lot of land contains a om. tely 24,TB530 square feet of land, has an address of 5585 Barbara Drive, Mechanicsburg, Pennsylvania 17050, and is known and numbered as Lot No. 301 on the Final Subdivision Plan for Good Hope Farms South-Phase V, which is recorded in Cumberland County in Plan Book 79, Page 91. UNDER AND SUBJECT TO: (a) Any and all easements, liceses, exceptions, reservations, covenants, agreements, conveyances and re- strictions which affect the premises and are visibly by inspection of the prs- (mob) Any and all easements, covenants: dowo"Wow and in and any and all prior docununts, agreements, instruments, deeds, grants and con- veyances affecting the premises. (c) The Declaration of Covenants, and Restrictions, recorded in Cum- berland County in Miscellaneous Book 626, Page 182 as may be applicable to the above described property. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed from The Me Naughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. BEING PREMISES: 5585 BAR- BARA DRIVE, MECHANICSBURG, PA 17050. BEING PARCEL NO. 10-19-1602- 123. CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 02/20/2008-06/10/2009 (per diem -$37.40) No. 07-7407 CIVIL TERM $227,544.24 $17,839.80 and Costs TOTAL $245,384.04 DANIEL G. SCHM EG, ESQUI One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. 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. 157197 w? oz o d w a+ z z ?„ EU,„ wZ oz ?Ha w? 0 0 Fo w x ? Od V U? xw W H ? ?x ?V V ? rI t a ? ct ?- A-i J _. a Oo t\1 C7, c.r 0 a a O 0 A x a O d O O W x a 0 0 H U W ? Gz, o o? F ? as on O? w? a V a 14- V m M 1 r' M 4i a W d w T H 0 d a a x U W z d u z 0 d i O ? O ` s (A- k^ ti a? oll i+i -d C ? J tl LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed from The McNaughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. PREMISES BEING: 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 10-19-1602-123 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 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7407 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. -Donat R' D QJ DANIEL G. SC MIEG, ESQUIRE Attorney for Plaintiff - tea - ,:?! - w? CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 07-7407 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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,5585 BARBARA DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JOSEPH E. CONNOLLY 4036 SENECA AVENUE A/K/A JOSEPH EDWARD CONNOLLY CAMP HILL, PA 17011 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 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) MERS AS NOMINEE FOR HOME P.O. BOX 2026, FLINT, MI 48501-2026 LOAN CENTER INC., DBA, LENDING TREE LOANS MERS, INC. HOME LOAN CENTER INC., DBA LENDING TREE LOANS 3300 SE 34TH AVENUE, SUITE 101 OCALA, FL 34474 163 TECHNOLOGY DRIVE IRVINE, CA 92618 5. Name and address of every other person who has any record lien on the property: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 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 MERS AS A NOMINEE FOR COUNTRYWIDE FINANCIAL CORPORATION 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 P.O. BOX 2026, FLINT, MI 48501-2026 COUNTRYWIDE FINANCIAL CORPORATION 1800 TAPO CANYON ROAD MAIL ID #CA6-914-01-43 SIMI VALLEY, CA 93063 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.A. § 4904 relating to unsworn falsification to authorities. January 26, 2009 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff r,a C ? . . a ? f T' [`?.? ;?. ? -? ,?° ? - 1 '.? -+ ? j" . CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY . Defendant(s). TO: JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 4036 SENECA AVENUE CAMP HILL, PA 17011 CUMBERLAND COUNTY No. 07-7407 CIVIL TERM January 26, 2009 * *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, 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff s Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $227,544.24 obtained by CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. _ To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE r, ^' c- ? ,-?; =., _ ? ? r.? ?:s' c? ?. ??._ ?:., ??, _,m .?_ . , .?-- .- ?` .?: ?;., LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed from The McNaughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. PREMISES BEING: 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 10-19-1602-123 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-7407 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From JOSEPH E. CONNOLY A/K/A JOSEPH EDWARD CONNOLLY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCPRITION. (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$227,544.24 L.L.$.50 LL Interest FROM 02/20/2008- 06/10/2009 (PER DIEM - $37.40) - $17,839.80 Atty's Comm % Arty Paid $1434.02 Plaintiff Paid Date: January 28, 2009 (Seal) Due Prothy $2.00 Other Costs Axadkk?lw Cu is R. Lo no ry By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION DEFENDANT(S) JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY SERVE JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY AT: 4036 SENECA AVENUE CAMP HILL, PA 17011 SERVED CUMBERLAND COUNTY No. 07-7407 C11,1II. TERM ACCT. #157197 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to TOSF?04 E-0 D NNa A-!j . Defendant, on the 4'f day of_Pa 200t at _5-3q ,o'clockp.m.,at 55?c 51gafi4 DR VE1 MEra 'uiCay6 " 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 o cer of said Defendants 's company. Other' O- R15i II:Mq "±&A Description: Age - Height ? Weight jj&O Race Sex 14 Other 1, -RQW t p kl ^ L a competent adult, being duly sworn according to law, depose and state that 1 personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein., issued in the captioned case on the date and at the address indicated above. s'ttNT % S , (? • S????p 1-10V 1 1S Nh T Ac Qdi Nip W Sworn to and subs "bed Tn4uCsTt6A-T t oN D %CL45" TW M2 . G t N0l.L-( CUAZ&4-b 9*6 %OiS before me this y 5 S gs $twAgt ba b F-, 0.E M f?e(?tcst3,ra?t pt Q3:SjFE By:. RV i ATLEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public NOT SERVED State of New Jersey On the RA:rwc?Aaff. 9&MRLS . 200_, at o'clock _.m., Defendant NOT FOUND because: Commission Expires June 16, 2013 Moved Unknown No Answer Vacant 1't Attempt: / / Time: Ind Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200. Notary: By: Attoruev for-Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite-1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 i?g c?a C?`1 ?C? rr) a tl - Ul °7 .,,, PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 07-7407 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on December 10, 2007, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit «A" 2. Judgment was entered on March 3, 2008 in the amount of $227,544.24. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:08-02079 on June 10, 2008. The Plaintiff obtained relief from the bankruptcy stay by order of court dated December 4, 2008. A true and correct copy of the Relief Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 10, 2009. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $215,179.39 Interest Through June 10, 2009 $25,344.62 Per Diem $31.69 Late Charges $571.80 Legal fees $2,675.00 Cost of Suit and Title $1,256.50 Sheriffs Sale Costs $1,500.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $0.00 TOTAL $246,527.31 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 15, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: By:-// Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO Court of Common Pleas CHASE MANHATTAN MORTGAGE CORPORATION Civil Division V. Plaintiff CUMBERLAND County No. 07-7407 CIVIL TERM JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgagee Corporation of the Southwest v. Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriff s sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Real ity Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shoppin C enter, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. ltrle5- Phelan Hallinan & Schmieg, LLP DATE: ?By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760. JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 L215) 563-7000 157197 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE - MECHANICSBURG, PA 17050 Defendant ca CZ © q o 17 - K _00.? _.s 39 y ll . Y C_ 0 m ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 07 7* 7 ct? ;( Iz- CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 157197 *e. h *ithin to be #I c® oo truesnd ,ect Of Original filed o record PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JUDITH T. ROMANO, ESQ., Id. No. 58745 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 157197 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE ilhe fieceb?l .?s we co py 01 B,iginal filed o File N: 157197 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 #: 157197 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 k: 157197 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. Fite #: 157197 1. Plaintiff is CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/04/2003 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1838, Page: 329. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2007 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. File #: 157197 6. The following amounts are due on the mortgage: Principal Balance $215,179.39 Interest $7,954.19 04/01/2007 through 12/07/2007 (Per Diem $31.69) Attorney's Fees $1,325.00 Cumulative Late Charges $190.60 09/04/2003 to 12/07/2007 Cost of Suit and Title Search 550.00 Subtotal $225,199.18 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $225,199.18 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in pgrsonam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 157197 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $225,199.18, together with interest from 12/07/2007 at the rate of $31.69 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: NifN F 91 IS S. HA LINA , E UIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File N: 157197 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE, PARCEL OR Lot OF LAND, TOGETHER WITH IMPROVEMENTS, SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, AND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE Northern RIGHT-OF-WAY LINE OF BARBARA DRIVE (50.00 FEET WIDE), SAID POINT BEING LOCATED AT THE Southwestern CORNER OF Lot NO. 302; THEN ALONG SAID RIGHT-OF-WAY LINE ON THE ARC OF A CIRCLE CURVING TO THE LEFT, HAVING A RADIUS OF 175.00 FEET, AND AN ARC LENGTH OF 90.00 FEET, TO A POINT AT THE Northeastern CORNER OF Lot NO. 299; THEN ALONG THE Northern BOUNDARY LINE OF Lot NO. 299, North 59 DEGREES 27 MINUTES 07 SECONDS West, FOR A DISTANCE OF 239.06 FEET, TO A POINT ON THE Southern RIGHT-OF-WAY LINE OF SKYPORT Road (50.00 FEET WIDE); THEN ALONG SAID RIGHT-OF-WAY LINE OF SKYPORT Road ON THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 1,243.24 FEET, AND AN ARC LENGTH OF 209.04 FEET TO A POINT; THEN ON THE ARC OF A CIRCLE CURVING TO THE RIGHT, HAVING A RADIUS OF 3,139.63 FEET, AND AN ARC LENGTH OF 29.25 FEET, TO A POINT AT THE Northwestern CORNER OF Lot NO. 302; THEN ALONG THE Western BOUNDARY LINE OF Lot NO. 302, South 29 DEGREES 59 MINUTES 07 SECONDS East, FOR A DISTANCE OF 139.69 FEET, TO A POINT AND THE PLACE OF BEGINNING. THIS PIECE, PARCEL OR Lot OF LAND CONTAINS APPROXIMATELY 24,765.30 SQUARE FEET OF LAND, AND IS KNOWN AND NUMBERED AS Lot NO. 301 ON THE File 0: 157197 FINAL SUBDIVISION Plan FOR GOOD HOPE FARMS South-PHASE V, WHICH IS RECORDED IN CUMBERLAND COUNTY IN Plan BOOK 79, PAGE 91. BEING A PART OF THE SAME PREMISES WHICH THOMAS W. GAUGHEN, DB/A TWG REAL ESTATE MANAGEMENT SERVICES, CONVEYED TO THE MCNAUGHTON COMPANY, A PENNSYLVANIA CORPORATION, BY DEED DATED October 5, 1994 AND RECORDED IN CUMBERLAND COUNTY IN RECORD BOOK 112, PAGE 1058. PARCEL NO: 10-19-1602-123 PROPERTY BEING: 5585 BARBARA DRIVE File #: 157197 VERIFICATION I hereby state that I am the 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 of the pleading, that I am 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 my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4404 relating to unworn falsifications to authorities. Atto ey for Plaintiff DATE. . 1.91IM- Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY 3415 VISION DRIVE COURT OF COMMON PLEAS COLUMBUS, OH 43219 V. Plaintiff, CIVIL DIVISION C T 2- c? NO. 07-74 . Z? JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT-0f DAMAGES TO THE PROTHONOTARY: WOW Kindly enter an in rem judgment in favor of the Plaintiff and against JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY and 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 $225,199.18 Interest from 12/8/07 to 2/19/08 $2,345.06 TOTAL $227,544.24 I hereby certify thl , ses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in ordance with Rule 237.1, copy attached. mictli Sel L2-_? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: 3 D P O PROT 157197 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: JOSEPH EDWARD CONNOLLY Bk. No. 1:08-bk-02079 MDF Debtor CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Chapter No. 13 Movant V. JOSEPH EDWARD CONNOLLY A/K/A JOSEPH E. CONNOLLY Respondent 11 U.S.C. §362 ORDER MODIFYING SECTION 362 AUTOMATIC STAY Upon Consideration of the Motion of CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION (Movant), and after Notice of Default and the filing of a Certification of Default, it is: ORDERED AND DECREED THAT: The Automatic stay of all proceedings, as provided by 11 U.S.C. 362 is modified with respect to premises, 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050, as more fully set forth in the legal description attached to said mortgage, as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal or consensual action for enforcement of its right to possession of, or title to, said premises; and it is further ORDERED AND DECREED THAT: Rule 4001(a)(3) is not applicable and CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION may immediately enforce and implement this Order granting Relief from the Automatic Stay. By the COM1, A416.' . Jadfc (JOK) This document is electronically signed and„fded on the same date. Dated: December 3, 2008 Case 1:08-bk-02079-MDF Doc 39 Filed 12/03/08 Entered 12/04/08 12:25:20 Desc Main Document Page 1 of 1 Exhibit "D" (i > t11 W N 00 -4 ON CA W N ` y C ? N F+ Fr A z b? x x o ?? O O a z z Q ? y fD r r " tA L" I fb ? VI (N 0 a A egg b ??ag x z y a a ?' 3 r . =. N ? 'O'n O 7 ? CA fA "O O /v c . 804 m y yy V o ? rp oo?? 8 ,a.2 a ro 6, •o?nq..7n 5 c ? ? rami . . O O PITNEY BOWES 02 1M $ OZ 200 - 0004218010 APR 1 5 2009 ?r1 o' MAILED FROM ZIP CODE 19 103 1 fD R =2.9 p d ?i a ?am ? ag ?Ap A y ?1 "7 G+ C 2 (D N p?1 .7 °o a z r ?Z cn ?.x?y M L1? r b T VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. _ Phelan Hallinan & Schmieg, LLP DATE: `E Illrl-;7 By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO Court of Common Pleas CHASE MANHATTAN MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County V. No. 07-7407 CIVIL TERM JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 4036 SENECA AVENUE CAMP HILL, PA 17011 DATE: V Al. f Phelan Hallinan & Schmieg, LLP By: Michele M. radford, Esquire Attorney for Plaintiff ' FLEA; -?r _: +C' CAF THC 21139 APR 21 A°?l I-. 2 J u, C' APR 2 2 20C ?F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. Court of Common Pleas Civil Division CUMBERLAND County No. 07-7407 CIVIL TERM JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant RULE AND NOW, this 2-1 day of 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. '-s ff., t? 2- o d > ? S C- JAe- eJ dc? Rule Returnable , Cnnrtrnom of the C'um_ herlan?j rowzty ?'n»rthoucP C'arlielP PP_ *+?-??. r ? BY THE COURT J. T ?-r ti ?L LL. C? CD PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division Plaintiff V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY CUMBERLAND County Defendant No. 07-7407 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 24, 2009 Rule was sent to the following individual on the date indicated below. JOSEPH E. CONNOLLY JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE 4036 SENECA AVENUE MECHANICSBURG, PA 17050 CAMP HILL, PA 17011 DATE: 5W4 jelePhl al . & Schmieg, LLP By: Bra ord, Esquire Attorney for Plaintiff OF THE PRC)"F 2009 MAY -8 Ali 11: 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1 CHASE HOME FINANCE LLC, S/B/M TO CHASE CUMBERLAND COUNTY MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS Plaintiff V. CIVIL DIVISION JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD NO. 07-7407 CIVIL TERM CONNOLLY , Defendant(s) COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF BLAIR } SS: AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Esq. attorney for CHASE HOME FINANCE LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION herby verify as follows: As required by Pa. R.C.P. 3129. 1 (a), Notice of Sale has been given to all known Lienholders and any known interested party 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. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". 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 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff Date: 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. 157197 b0 r? a. ? b7 a a I?-- ?o n n 0 O hJ ° E CA ob ?R m a d o ? •° y n y o w vo 5 m?-_ ? oo?? V1 O $? ? ? p 7 0. c = fn '"^ o n.oo ? ?qqo o = w 's 5 ? = c °e H ..? o N O y Q ? v=i ? R O C O O' A pG• M A C A d In. d ? S d tNi• ? ? ? ? p A ? 00. 3•x n3?a a CL 3 3 d 9 E ?^oo 0 o n 5 ° yT rn ?° 0 3 O Q ss 5' El orn oB P ° o w?G?°:? 0Zm ZO?locD? rno om m a"tnvi t>7C? raw v o xn „? to n ?. aw:? 0 ° o Dyz 14 zd?r??ayzz?? cn n z OZ?Ax o rn y>ID _ man o C) AC rm 0.4 ?c cn? CD 0 C7?Y C"z? o' NC?] G? Y r „?Z 0-0 tvMM C yOn? o N? dGy am CD -4 x:41 H 0 00 aO tz? p. do o ., w o b Z o t a oo ? .?. N r CD C > IQ n ZI CD c CD ?. c ° c cr :z • 00 z V r. V C O z b a a W y O CD r LA a ITJ 0 N 'CD C O ? N ? w >G _O _tz? O C• O ?. cr CD _ a N N Ombo m ,y4 0?o to 'Z-3 a or- 9O d?ayy ? t? 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I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7407 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on April 21, 2009. 3.-- - --- A-Rule was entered-by,the? Court on or about April 24, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on May 6, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallman & S hmi LLP 11 I By: DATE: Mic ele . Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 07-7407 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE A Motion to Reassess Damages was filed with the Court on April 21, 2009. A Rule was entered by the Court on or about April 24, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on May 6, 2009 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of May 14, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelari.Ifallinan & Schmieg, LLP I PIA 17A Nffvy U ff F VI AW DATE: 'ell 4/1 By: Michele M. radford, Esquir Attorney for Plaintiff Exhibit "A" APR 2 2 2Q0 ?F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, SB/M TO Court of Common Pleas CHASE MANHATTAN MORTGAGE CORPORATION Civil Division Plaintiff V. CUMBERLAND County No. 07-7407 CIVIL TERM JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant RULE AND NOW, this day of hot-J 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. LIU" , Rule Returnable oa-?- 4A4 C.oLrtroom of the ?`,,.Y,hPrlan?j ?atulty r?»*?h?, '°. BY THE COURT 4ssl?,:c3 v il: k sR.f ' "^???'Yt#'4f fir? -0t am! 8iri1N tt "M Wet 41 s.bw. Pa. Exhibit "B" ALED-OF ICE OF THE PM0T! n, My 2004 MAY -8 AM 11: 10 cu L:} ..,L) lNTY PEi .1'4S ; L Vr,i r, i A ,: 41,r PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 ATK . ? tF copy ATTORNEY FOR PLAINTIFF One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 215 563-7000 ,DFILE coov CHASE HOME FINANCE LLC, SB/M TO 'C "j Common Pleas CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Civil Division CUMBERLAND County V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant No. 07-7407 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 24, 2009 Rule was sent to the following individual on the date indicated below. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 DATE: JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY AU40?7dE PI.FA,Cr Ph 1 al ' & Schmieg, LLP By: Mi ele . Bra ord, Esquire Attorney for Plaintiff VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. 4904 relating to the unsworn falsification of authorities. P VkI llinan & S4iieg, P DATE : ha Z, A By; flW #- IN Mica fordAttorney for Plaintiff , . 6. PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant No. 07-7407 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff s Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 DATE: jjqj6j I- el I JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY 4036 SENECA AVENUE CAMP HILL, PA 17011 Phelan -Iallinan & Schmieg, LLP By: i . Bra fordhIrsq* A ttorney for Plaintiff 1LE,-0- C),.r: OF THE F'l:"`7Hf. py 2009 MA Y 21 AI°i 10: 10 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, S/B/M TO Court of Common Pleas CHASE MANHATTAN MORTGAGE CORPORATION Civil Division Plaintiff V. JOSEPH E. CONNOLLY A/KJA JOSEPH EDWARD CONNOLLY Defendant CUMBERLAND County No. 07-7407 CIVIL TERM ORDER AND NOW, this 2 6 day of 1M? 1 , 2009, upon consideration of Plaintiff s Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff s Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $215,179.39 Interest Through June 10, 2009 $25,344.62 Per Diem $31.69 Late Charges $571.80 Legal fees $2,675.00 Cost of Suit and Title $1,256.50 Sheriffs Sale Costs $1,500.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 1 MAY 2 c Z00W 4W Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit $0.00 $0.00 ($0.00) $0.00 TOTAL $246,527.31 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. 157197 ? -. I I YV LZ OW 600Z n A, COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which C JOYCE MILLEN is the grantee the same having been sold to said grantee on the 7TH day of OCT A.D., 2009, under and by virtue of a writ Execution issued on the 3RD day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 7407, at the suit of CHASE HOME FINANCE LLC against JOSEPH E CONNOLLY AKA JOSEPH EDWARD is duly recorded as Instrument Number 200938339. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. -' Recorder of Deeds xg, c Raccidu ! .a,aGs, Ccmbafand County. Cadob, PA My Com ms Ex0os tv F4* Monday of Jan. 2010 FILE[ 'E I i -.-A Ply -TA In the Court of Common Pleas of Cumberland County, Pennsylvania 2039 NOV _5 Al; (4; I G Writ No. 2007-7407 Civil Term C,1 ,,yrY Chase Home Finance, LLC, SB/M to Chase Manhattan Mortgage Corpoir'` VS Joseph E. Connolly, a/k/a Joseph Edward Connolly Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on February 4, 2009 at 956 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: Joseph E. Connolly, a/k/a Joseph Edward Connolly, personally, at, 5585 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1341 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 Joseph E. Connolly, a/k/a Joseph Edward Connolly, located at, 5585 Barbara Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Joseph E. Connolly, a/k/a Joseph Edward Connolly., by regular mail to his last known address of 5585 Barbara Drive, Mechanicsburg PA 17050. This letter was mailed under the date of April 1, 2009 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 October 7, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 169,800.00 to Chesapeake Loan Servicing, LLC, of 100 South 7th Street, Akron, PA 17501, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 4,687.80 Sheriff s Costs: Docketing 30.00 - Poundage 3396.00 Posting Bills 15.00 Advertising 15.00 Legal Search 300.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Law Library .50 Milage 21.60' Levy 15.00 Surcharge 20.00 Law Journal 359.00 Patriot News 305.85 . Share of Bills 15.43 ' Distribution of Proceeds 25.00 Post Pone Sale 40.00 Sheriffs Deed 49.50 4,667.88 -- So e S R. Thomas Kline, Sheriff tt- By?.? L? Real Estate Coordinator //'do/D 4 , ?#-0 N 5V AA' d,1,4A cA- ?2P3Y jam, ? 33 '? V f #CHASE HOME lJNANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION CUMBERLAND COUNTY Plaintiff, COURT OF rf)MMON PLEAS V. CIVIL DIVISION JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY NO. 07-7407 CIVIL TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION, 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 ,5585 BARBARA DRIVE, MECHANICSBURG, PA 17050. Name and address of Owner(s) or reputed Owner(s): Name JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY r7 Last Known Address (if address ca€ be reasonably ascertained, please indi4"fi) 2 rv 71 r 4036 SENECA AVENUE - co CAMP HILL, PA 17011 h f yJ 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) BUREAU OF COMPLIANCE DEPARTMENT 280946 HARRISBURG, PA 17128-0946 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) MERS AS NOMINEE FOR HOME P.O. BOX 2026, FLINT, MI 48501-2026 LOAN CENTER INC., DBA, LENDING TREE LOANS MERS, INC. 3300 SE 34TH AVENUE, SUITE 101 OCALA, FL 34474 HOME LOAN CENTER INC., DBA LENDING TREE LOANS 163 TECHNOLOGY DRIVE IRVINE, CA 92618 ?? ?: .,. 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 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 5585 BARBARA DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 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 MERS AS A NOMINEE FOR P.O. BOX 2026, FLINT, MI 48501-2026 COUNTRYWIDE FINANCIAL CORPORATION COUNTRYWIDE FINANCIAL CORPORATION 1800 TAPO CANYON ROAD MAIL ID #CA6-914-01-43 SUM VALLEY, CA 93063 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.A. § 4904 relating to unworn falsification to authorities. January 26, 2009 1 ? DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff CHASE HOME FINANCE LLC, SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff, V. JOSEPH E. CONNOLLY A/K/A JOSEPH EDWARD CONNOLLY Defendant(s). CUMBERLAND COUNTY No. 07-7407 CIVIL TERM January 26, 2009 TO: JOSEPH E. CONNOLLY C A/K/A JOSEPH EDWARD CONNOLLY 4036 SENECA AVENUE, - CAMP HILL, PA 17011 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY IATQRMa4 TIO,?,, . 4 OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DIS2HA E I? 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, 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $227,544.24 obtained by CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE .+ LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improvements, situated in Hampden Township, Cumberland County, Pennsylvania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the are of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a distance of 139.69 feet, to a point and the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed from The McNaughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. PREMISES BEING: 5585 BARBARA DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 10-19-1602-123 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N007-7407 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From JOSEPH E. CONNOLY A/K/A JOSEPH EDWARD CONNOLLY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCPRITION. (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$227,544.24 L.L.$.50 LL Interest FROM 02/20/2008- 06/10/2009 (PER DIEM - $37.40) - $17,839.80 Atty's Comm % Arty Paid $1434.02 Plaintiff Paid Date: January 28, 2009 Due Prothy $2.00 Other Costs Cu R. Lo of onotary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 24 On January 29, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as 5585 Barbara Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 29, 2009 By: Ua-ajIa--- 1 E :8 V 6? INV oL U", Z ??' V i i SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriffs Sale No. 24 held October 7, 2009 EFFECTIVE DATE: October 7, 2009 PREMISES: 5585 Barbara Drive, Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania, Tax Parcel No. 10-19-1602-123 (the "Premises") RECITAL: Being the same premises which The McNaughton Company, by its deed dated July 19, 2002 and recorded July 24, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 252, Page 4045, granted and conveyed unto Joseph E. Connolly, single person. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2009. 20. Subject to any rights of the spouse, if any, of Joseph E. Connolly. -2- 21. Mortgage in the amount of $226,900.00 from Joseph E. Connolly to Chase Manhattan Mortgage Corp. dated September 4, 2003 and recorded September 26, 2003 in Mortgage Book 1838, Page 329. 22. Mortgage (open-end) in the amount of $74,000.00 from Joseph E. Connolly to Home Loan Center, Inc. d/b/a Lending Tree Loans dated March 8, 2005 and recorded April 11, 2005 in Mortgage Book 1903, Page 469. 23. Judgment against Joseph E. Connolly in favor of Countrywide Home Loans, Inc. entered January 31, 2007 in the amount of $81,843.37 amended by Order entered May 23, 2007 to the total amount of $85,640.87, docketed to No. 2006-7028 with respect to the mortgage identified as item 22, above. 24. Judgment against Joseph E. Connolly in favor of Chase Home Finance, LLC and Chase Manhattan Mortgage Corp. entered March 3, 2008 in the amount of $227,544.24 and amended by Order entered May 27, 2009 to the amount of $246,527.31 docketed to No. 2007-7407 with respect to the mortgage identified as item No. 21, above. 25. Federal tax lien judgment against Joseph E. Connolly in favor of the U.S. Treasury Department in the amount of $14,172.14 entered June 15, 2009 to No. 2009-3981. 26. Judgment against Joseph E. Connolly in favor of Bureau of Compliance in the amount of $2,106.08 entered March 8, 2007 to No. 2007-1265. 27. Judgment against Joseph E. Connolly in favor of Bureau of Compliance in the amount of $4,314.63 entered November 6, 2007 to No. 2007-6740. 28. Judgment against Joseph E. Connolly in favor of Bureau of Compliance in the amount of $2,026.15 entered February 24, 2009 to No. 2009-1136. 29. Subject to the Declaration in Miscellaneous Book 626, Page 182. 30. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Phase V of Good Hope Farms South recorded in Plan Book 79, Page 91. 31. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Bungalow Sites recorded in Plan Book 2, Page 64. 32. Subject to the rights granted PPL in Misc. Book 126, Page 231 and in Misc. Book 152, Page 67. -3- 33. Subject to all conditions, easements and matters in the survey cited in Deed Book "S", Volume 20, Page 851. 34. Subject to the rights of ingress, egress and regress noted in Deed Book "T", Volume 20, Page 787. 35. Subject to the sewer right-of-way in Deed Book "Q", Volume 12, Page 196. 36. Subject to the rights granted Bell Atlantic-Pennsylvania, Inc. and PP&L, Inc. in Misc. Book 668, Page 864. 37. Subject to the rights of others in and to those portions of the Premises lying within or adjoining Barbara Drive and Skyport Road. 38. Subject to the restrictions, easements and exceptions noted in the Deed recorded in Deed Book 252, Page 4045. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. f By: Keith O. Brenneman -4- REAL ESTATE SALE NO. 24 Writ No. 2007-7407 Civil Chase Home Finance, LLC, s/b/m to Chase Manhattan Mortgage Corporation VS. Joseph E. Connolly a/k/a Joseph Edward Connolly Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improve- ments, situated in Hampden Town- ship, Cumberland County, Pennsyl- vania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then along said right-of-way line of Skyport Road on the arc of a circle curving to the right, having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the arc of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a dis- tance of 139.69 feet, to a point and the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed from The Mc- Naughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. PREMISES BEING: 5585 BAR- BARA DRIVE, MECHANICSBURG, PA 17050. PARCEL NO. 10-19-1602-123. f EXHIBIT A SCHEDULE OF DISTRIBUTION SALE NO. 24 Date Filed: 10/23/09 Writ No. 2007-7407 Civil Term Chase Home Finance, LLC, s/b/m to Chase Manhattan Mortgage Corporation Vs Joseph E. Connolly, a/k/a Joseph Edward Connolly 5585 Barbara Drive Mechanicsburg, PA 17050 Sale Date: October 7, 2009 Buyer: Chesapeake Loan Servicing, LLC Bid Price: $ 169,800.00 Real Debt: $ 246,527.31 per Court Order to Reassess Damages DISTRIBUTION: Receipts: Cash on Account (02/02/2009): $ 1,500.00 Cash on Account (10/07/2009): 16,980.00 Cash on Account (10/23/2009): 163,577.30 Total Receipts: $ 182,057.30 Disbursements: Sheriffs Costs Legal Search Transfer Tax State Transfer Tax Local Hampden Township (Refuse) Attorney Daniel Schmieg Chase Home Finance LLC Total Disbursements: Balance for distribution: So Answers: 4,367.88 300.00 3,530.65 3,530.65 548.19 1,500.00 168,279.93 ($182,057.30) 00.00 R. Thomas Kline Sheriff 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 1, May 8, and May 15, 2009 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. LLla Marie Coyne, Edit SWORN TO AND SUBSCRIBED before me this day of May. 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 VA" OU& 94 Writ No. 2007-7407 Civil Chase Home Finance, LLC, s/b/m to Chase Manhattan Mortgage Corporation Vs. Joseph E. Connolly a/k/a Joseph Edward Connolly Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL that certain piece, parcel or lot of land, together with improve- ments, situated in Hampden Town- ship, Cumberland County, Pennsyl- vania, and bounded and described as follows: BEGINNING at a point on the Northern right-of-way line of Barbara Drive (50.00 feet wide), said point being located at the Southwestern corner of Lot No. 302; then along said right-of-way line on the arc of a circle curving to the left, having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeastern corner of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, for a distance of 239.06 feet, to a point on the Southern right-of-way line of Skyport Road (50.00 feet wide); then Wang said right-of-way line of art Read on the are of a eirde cur" to the ngnt, travmg a raarua of 1,243.24 feet, and an arc loth of 2099.04 feet to a point; than on lbe arc of a circle curving to the right, having a radius of 3,139.63 feet, and an arc length of 29.25 feet, to a point at the Northwestern corner of Lot No. 302; then along the Western boundary line of Lot No. 302, South 29 degrees 59 minutes 07 seconds East, for a dis- tance of 139.69 feet, to a point and the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Joseph E. Connolly, single person, by Deed from The Mc- Naughton Company, a Pennsylvania Corporation, dated 07/19/2002, recorded 07/24/2002, in Deed Book 252, page 4045. PREMISES BEING: 5585 BAR- BARA DRIVE, MECHANICSBURG, PA 17050. PARCEL NO. 10-19-1602-123. The Patriot-News Co,. 812 Market St. Harrisburg,,PA 17101 Inquiries - 717255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patriot-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: 04/24/09 05/01/09 - 05/08/09 1ribed ' Z f-- ............. . Sworn to and before me th is 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shenis L. Kisner, Notary Public CkY Of Harrisburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries Rea( to Sale No. '4 Writ No.7-7407 Civil Term Chase Home Finance, LLC. W M to Chase Manhattan Mortgage Corporation VS Joseph E. Connolly, a/k/a Joseph Edward Connolly Attorney Daniel G. Schmieg LEGAL DESCRIPTION ALL that certain piece, parcel or lot of Lind together with improvements, situated Hampden Township, Cumberland Count,. Pennsylvania. and bounded and described a follows: BEGINNING at a point on the Northern right of-way line of Barbara Drive (50.00 feet wider. said point being located at the Soothwesten- comer of Lot No. 302; then along said right-ot way line on the arc of a circle curving to the left. having a radius of 175.00 feet, and an arc length of 90.00 feet, to a point at the Northeaster, comer of Lot No. 299; then along the Northern boundary line of Lot No. 299, North 59 degrees 27 minutes 07 seconds West, fora distance o 239.06 feet, to a point on the Southern right-of- way line of Skyport Road (50.00 feet wide. then along- said right-of-way line of Skypass Road on the arc of a circle curving to the right. having a radius of 1,243.24 feet, and an arc length of 209.04 feet to a point; then on the an. of a circle curving to the right, having a radius o' 3,139.63 feet, and an arc length of 29.25 feet, tc a point at the Northwestern comer of Lot Nc. 302; then along the Western boundary line Lot No. 302, South 29 degrees 59 minutes 0 seconds East, for a distance of 139.69 feet, to point and the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED i'< Joseph E. Connolly, single person, by Deed from The McNaughton Company. Pennsylvania Corporafion, dated 07/1912002 recorded 07/2412002, in Deed Book 252, page 4045. PREMISES BEING: 5585 BARBARA DRIVE. MECHANICSBURG, PA 17050 PARCEL N0. 10-19-1602-123