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HomeMy WebLinkAbout08-0341PHELAN 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 R. 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 168795 JPMORGAN CHASE BANK 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff BONNIE KIMBLE-GORDON ADAM GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. (? - 3'f I Civi ( 7arni CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 168795 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 #: 168795 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 #: 168795 COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 168795 1. Plaintiff is JPMORGAN CHASE BANK 1100 VIRGINIA DRIVE P.O. BOX 8300 FORT WASHINGTON, PA 19034 2. The name(s) and last known address(es) of the Defendant(s) are: BONNIE KEIvMLE-GORDON ADAM GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 02/23/2006 mortgagor(s) made, executed, and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EQUIFIRST CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book: 1943, Page: 201. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 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 #: 168795 6 The following amounts are due on the mortgage: Principal Balance $183,398.63 Interest $10,298.76 06/01/2007 through 01/14/2008 (Per Diem $45.17) Attorney's Fees $1,250.00 Cumulative Late Charges $520.52 02/23/2006 to 01/14/2008 Cost of Suit and Title Search 550.00 Subtotal $196,017.91 Escrow Credit $0.00 Deficit $747.94 Subtotal 747.94 TOTAL $196,765.85 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 #: 168795 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 $196,765.85, together with interest from 01/14/2008 at the rate of $45.17 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. !It4? ? 7/)7 FRAN S S. HALLINA, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JUDITH T. ROMANO, ESQUIRE JENINE R. DAVEY, ESQUIRE it *** MICHAEL E. CARLETON, ESQUIRE Attorneys for Plaintiff File #: 168795 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of O. Martin Holland, Registered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; thence Eastwardly along the southern line of Maple Drive, one hundred five (105) feet to a point; thence by an arc or curve to the right, having a radius of fifteen (15) feet, twenty-three and fifty-six hundredths (23.56) feet to a point on the western line of Oak Street; thence southwardly along the same, one hundred sixty-five (165) feet to a point; thence south sixty-five (65) degrees twenty-seven (27) minutes west, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said plan; thence north twenty-four (24) degrees thirty-three (33) minutes west along same one hundred eighty (180) feet to a point, the place of BEGINNING. BEING Lots Nos. 49 and 50 on Plan of Silver Spring Development, Co., recorded in Plan Book 5, Page 4, Cumberland County records. BEING KNOWN as 111 Maple Drive. PARCEL NUMBER 38-19-1610-066 File #: 168795 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 unsworn falsifications to authorities. IIAJ)L S7G? 7 A ey for Plaint i DATE:- ?\I? ql ?'d ? n? /V?1 W ? CJl cr SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00341 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS GORDON BONNIE KIMBLE 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 GORDON BONNIE KIMBLE but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT GORDON BONNIE KIMBLE 37 SOUTHPOINT DRIVE MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge /55/0 F %- 6.00 So answe .. 10.56 5.00 R. mas Kline 10.00 Sheriff of Cumberland County .00 ? 31.56 PHELAN HALLINAN SCHMIEG 01/22/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-00341 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS GORDON BONNIE KIMBLE 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 GORDON ADAM but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 7?7 SOUTHPOINT DRIVE GORDON ADAM NOT FOUND , as to MECHANICSBURG, PA 17055 DEFENDANT DOES NOT LIVE AT GIVEN ADDRESS. Sheriff's Costs: Docketing 6.00 Service .00 Not Found 5.00 Surcharge 10.00 .00 21.00 ,-' So answer-&2 --- - -= R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 01/22/2008 Sworn and Subscribed to before me this day of A. D. CASE NO: 2008-00341 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS GORDON BONNIE KIMBLE ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE GORDON BONNIE KIMBLE the DEFENDANT , at 2040:00 HOURS, on the 18th day of January , 2008 at 111 MAPLE DRIVE MECHANICSBURG, PA 17050 ADAM GORDON was served upon by handing to ADULT IN CHARGE 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 38.56 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 01/22/2008 PHELAN HALLINAN SCHMIEG By. Deputy eriff of A. D. CASE NO: 2008-00341 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS GORDON BONNIE KIMBLE ET AL WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon GORDON ADAM the DEFENDANT , at 2040:00 HOURS, on the 18th day of January , 2008 at 111 MAPLE DRIVE MECHANICSBURG, PA 17050 by handing to ADAM GORDON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 01/22/2008 PHELAN HALLINAN SCHMIEG By. eputy eriff A. D. 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 JPMORGAN CHASE BANK 1100 VIRGINIA DRIVE, P.O. BOX 8300 FORT WASHINGTON, PA 19034 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION BONNIE KIMBLE-GORDON NO. 08-341-CIVIL TERM ADAM GORDON ' 111 MAPLE DRIVE MECHANICSBURG, PA 17050 Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against BONNIE aMBLE- GO MON and ADAM GORDON, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint Interest from 1/15/08 to 3/3/08 TOTAL $196,765.85 $2,213.33 $198,979.18 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237. 1, copy attached. DANIEL G. SCHMIEG QUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO P 00THY 168795 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 (2151 563-7000 JPMORGAN CHASE BANK Plaintiff Vs. BONNIE KIMBLE-GORDON ADAM GORDON Defendants TO: ADAM GORDON 111 MAPLE DRIVE MECHANICSBURGPA17050 IA liA1 E UY NOTICE: FEBRUARY 21 , 008 O THIS FIRM IS `? A DEBT COLLECTOR ATTEMPTING TO COLLECT Sift. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS RE ERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY : NO. 08-341-CIVIL TERM LINDA NGUYEN, Legal A sis rt 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 715) 563-2WO JPMORGAN CHASE BANK Plaintiff Vs. BONNIE KIMBLE-GORDON ADAM GORDON Defendants TO: BONNIE KIMBLE-GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: FEBRUARY 1, 008 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 08-341-CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 _1?2" e P-\ LINDA NGUYEN, Legal Assistant 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 a1563-77000 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK V. Plaintiff, CUMBERLAND COUNTY • COURT OF COMMON PLEAS • CIVIL DIVISION NO. 08-341-CIVIL TERM BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on informat to wit: ion and belief, he has knowledge of the following facts, (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 C of 1940, as amended. Congress (b) that defendant BONNIE KIMBLE-GORDON is over 18 years of age and resides at 111 MAPLE DRIVE, MECHANICSBURG, PA 17050. (c) that defendant ADAM GORDON is over 18 years of age, and resides at, 111 MAPLE 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. T DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff s o o 2 R, x s .1 01 b erg ,,?,? } 1 CJ? -? w v u C (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JPMORGAN CHASE BANK V. Plaintiff, BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-341-CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on M&W-k 5 2003Z Q . By: 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." PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON No. 08-341-CIVIL TERM Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $198,979.18 Interest from 3/4/08 TO 6/11/08 $3,271.00 and Costs (per diem -$32.71) Add'1 Costs $2,288.50 TOTAL $204,538.68 E? 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.everit that a representative of the plaintiff is not present at the sale. 168795 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CIVIL DIVISION NO. 08-341-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 C rv - -T) Co ? cry c-n ti C V JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-341-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JPMORGAN CHASE BANK, 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,111 MAPLE DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name BONNIE KIMBLE-GORDON ADAM GORDON Last Known Address (if address cannot be reasonably ascertained, please indicate) 111 MAPLE DRIVE MECHANICSBURG, PA 17050 111 MAPLE DRIVE 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) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenant/Occupant Domestic Relations of Cumberland County Last Known Address (if address cannot be reasonably ascertained, please indicate) 111 MAPLE DRIVE MECHANICSBURG, PA 17050 13 North Hanover Street Carlisle, PA 17013 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 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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 author.ties. March 3, 2008 DATE ? DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C na trz 37.• cry, - -? w cn c s n r t.a CO -< JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY No. 08-341-CIVIL TERM March 3, 2008 TO: BONNIE KIMBLE-GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 ADAM GORDON 111 MAPLE 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 PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 111 MAPLE 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 _$_198,979_18 obtained by JPMORGAN CHASE BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the 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 lot or piece of ground situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of O. Martin Holland, Registered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; thence Eastwardly along the southern line of Maple Drive, one hundred five (105) feet to a point; thence by an arc or curve to the right, having a radius of fifteen (15) feet, twenty-three and fifty-six hundredths (23.56) feet to a point on the western line of Oak Street; thence southwardly along the same, one hundred sixty-five (165) feet to a point; thence south sixty-five (65) degrees twenty-seven (27) minutes west, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said plan; thence north twenty-four (24) degrees thirty-three (33) minutes west along same one hundred eighty (180) feet to a point, the place of BEGINNING. BEING Lots Nos. 49 and 50 on Plan of Silver Spring Development, Co., recorded in Plan Book 5, Page 4, Cumberland County records. HAVING THEREON ERECTED a one story brick and frame dwelling known and numbered as 111 Maple Drive. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Adam Gordon and Bonnie Kimble-Gordon, h/w, by Deed from Riders Real Investors, Inc., a Pennsylvania Corporation, dated 05/06/2004, recorded 05/10/2004, in Deed Book 262, page 4587 BEING PREMISES: 111 MAPLE DRIVE, MECHANICSBURG, PA 17050 BEING PARCEL NO. 38-19-1610-066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-341 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, Plaintiff (s) From BONNIE KIMBLE-GORDON and ADAM GORDON (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 $198,979.18 L.L. $.50 Interest from 3/04/08 to 6/11/08 (per deim - $32.71) -- $3,271.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $226.12 Other Costs $2,288.50 Plaintiff Paid Date: 3/05/08 Prothonota (Seal) By: REQUESTING PARTY: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 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 JPMORGAN CHASE BANK DEFENDANT(S) BONNIE KIMBLE-GORDON ADAM GORDON SERVE ADAM GORDON AT: 111 MAPLE DRIVE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY 1 No. 08-341-CIVIL TERM ACCT. #168795 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 (`?,? _, SERVED Served and made known to A15AWt. 610y_ '" , Defendant, on the _ day of d 12001, at 1j, ?" , o'clock r.m., at 1W+}>j !e_ -/ bN gCJ?I ??? ? j ?? , Commonwealth of Pennsylvania, in the manner described below: ,Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is U-1,54- (3- Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age?J? Height .S(b WeightZqCl Race L" Sex F Other 1, _T+'C04 -c c3 1l , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to ands ibed be re t 's of , 200 Notary: By. / PLUASE ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE COMMONWEALTH 0F•PF_NNSYLVAA&TEMPTED. OT SERVED i HOMAS o2ryPublic P County On the daof Float o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of 1200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 2 d- ?? ? t?_ ; ? ??? ?? - `?? ??w:.! + ? W P?? ? • • ?: c--i r . :.. t. '-N,? AFFIDAVIT OF SERVICE PLAINTIFF JPMORGAN CHASE BANK DEFENDANT(S) BONNIE KIMBLE-GORDON ADAM GORDON SERVE BONNIE KIMBLE-GORDON AT: 111 MAPLE DRIVE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-341-CIVIL TERM ACCT. #168795 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 Served and made known to SERVED 6-04zur- , Defendant, on the . _ day of 2001, at o'clock ?_.m., at Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: /1111 //,, Description: Age ?Height -? Weightz [d Race W Sex ?%:-- Other ?loK-,7 1, 7(tf4lo`" 4N` S , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Notary: By: j? ?f/ttitA ??pp .At. t PLE Sri?t?RE ,IWM&T LAST 3 IMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. kt?i ?= ? .. . THQMAS P Pubb4 C 61 j:,a lpi)ia` NOT SERVED 10 On the M o ° Expirese 1 4120 , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved _ Unknown No Answer Vacant Sworn to and su ribed bef e e his of 200 , 1St Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 1200_. Notary: 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 C' ??.? ?-' ti? ?r : ?.t, ?7- ---? -?-. ,? ?? {?`? SALE DATE: JUNE 11, 2008 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JPMORGAN CHASE BANK VS. BONNIE KIMBLE-GORDON ADAM GORDON No.: 08-341-CIVIL TERM 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: 111 MAPLE 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 SCHMIEG. Attorney for Plaintiff May 5, 2008 y, -a A N In A w N p 00 J c? -A w ? N H ? ` I a d i 9F- o od ao ?? aWCCi- rA CD o• n a PO w3 ,y ?i td O •?•1 ?. O O O 7-. H H rn° a W° n "b a n ? i ? ?C OG C () ? a" te ,.. D N CD D o c h b tT, ??a z B , O .,C Wlr, A z D "C " in H <t g, dC 9w `? a fD Z3 O ° a 't7 C c v ro ? ? r R. O\ ? , n x C CD Q? Cr7 ?, `?-r t rA w n ; P A ON A N ? ° ? I TJ W: n o a -? D CA Al. C c-i? gg €. 0 NR? ? a r ? a a ?' ? C i!+ v ? n . C as R % d si i® 4 18 ir n 1 ; 02 1M $ 02 . r ' 000421 8010 MAP O MAILED FROM ZIP CODE 1 ?r ;f "R II I r ;. -? s i'. i 1 ,I I? f'. li N (!? r Ta. ' - © C JP Morgan Chase Bank In the Court of Common Pleas of vs Cumberland County, Pennsylvania Bonnie Kimble-Gordon and Adam Gordon Writ No. 2008-341 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 18, 2008 at 173 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Bonnie Kimble-Gordon and Adam Gordon by making known unto Adam Gordon personally and spouse of Bonnie Kimble- Gordon at 111 Maple 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 03, 2008 at 2053 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 Bonnie Kimble-Gordon and Adam Gordon located at 111 Maple 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 defendants, to wit: Bonnie Kimble-Gordon and Adam Gordon by regular mail to their last known address of 111 Maple Drive, Mechanicsburg, PA 17013. This letter was mailed under the date of April 01, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Schmieg. Sheriff s Costs: Docketing 30.00 Poundage 40.00 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 30.00 Postpone Sale 40.00 Law Journal 395.00 Patriot News 394.01 Share of Bills 14.73 $1,010.44 ?,. R. Thomas Kline, Sheriff R. Thomas Kline, Sheriff r BY Real Estate S geant Cp GGZV 00 i JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-341-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) JPMORGAN CHASE BANK, 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 ,111 MAPLE DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name BONNIE KIMBLE-GORDON ADAM GORDON Last Known Address (if address cannot be reasonably ascertained, please indicate) 111 MAPLE DRIVE MECHANICSBURG, PA 17050 111 MAPLE DRIVE 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name ' Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 111 MAPLE 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 unworn falsification to author'ties. Y March 3. 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY No. 08-341-CIVIL TERM March 3, 2008 TO: BONNIE KIMBLE-GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 ADAM GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 "THIS FIRM ISA DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF ALIEN AGAINST PROPERTY." Your house (real estate) at, 111 MAPLE 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 $198,979.18 obtained by JPMORGAN CHASE BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Silver Spring Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of O. Martin Holland, Registered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; thence Eastwardly along the southern line of Maple Drive, one hundred five (105) feet to a point; thence by an arc or curve to the right, having a radius of fifteen (15) feet, twenty-three and fifty-six hundredths (23.56) feet to a point on the western line of Oak Street; thence southwardly along the same, one hundred sixty-five (165) feet to a point; thence south sixty-five (65) degrees twenty-seven (27) minutes west, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said plan; thence north twenty-four (24) degrees thirty-three (33) minutes west along same one hundred eighty (180) feet to a point, the place of BEGINNING. BEING Lots Nos. 49 and 50 on Plan of Silver Spring Development, Co., recorded in Plan Book 5, Page 4, Cumberland County records. HAVING THEREON ERECTED a one story brick and frame dwelling known and numbered as 111 Maple Drive. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Adam Gordon and Bonnie Kimble-Gordon, h/w, by Deed from Riders Real Investors, Inc., a Pennsylvania Corporation, dated 05/06/2004, recorded 05/10/2004, in Deed Book 262, page 4587 BEING PREMISES: 111 MAPLE DRIVE, MECHANICSBURG, PA 17050 BEING PARCEL NO. 38-19-1610-066 WRIT OF EXECUTION and/or ATTACHMENT I COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-341 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, Plaintiff (s) From BONNIE KIMBLE-GORDON and ADAM GORDON (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 $198,979.18 L.L. $.50 Interest from 3/04/08 to 6/11/08 (per deim - $32.71) - $3,271.00 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $226.12 Other Costs $2,288.50 Plaintiff Paid Date: 3/05/08 Prothonotary (Seal) By: REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 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 Real Estate Sale #63 On March 06, 2008 the Sheriff levied upon the defendant's interest in the real property situated in. Silver Spring Township, Cumberland County, PA Known and numbered as 111 Maple Drive, Mechanicsburg more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 6, 2008 By: Real E Ite Sergeant h h :1 d 9- 8aW 8001 A C. Vd ',11NC103 Cr ' AA183HS 3HI A0 331AAO PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r C I/Isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commlulon Expires Apr 28, 2010 RML MUM l" 310o " Writ No. 2008-341 Civil JP Morgan Chase Bank vs. Bonnie Kimble-Gordon and Adam Gordon Atty.: Daniel Schmieg LEGAL DESCRwnON ALL THAT CMAIN lot or piece of pound situate in Sines Sp ft? wn- sh*, County of Cumberland, Cam- mowwaaith of PennayWan* woase pw t ulariy bounded and described according to a survey of O. Martin Holland, Registered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; thence East- wardly along the southern line of Maple Drive, one hundred five (105) feet to a point; thence by an arc or curve to the right, having a radius of fifteen (15) feet, twenty-three and fifty-six hundredths (23.56) feet to a point on the western line of Oak Street; thence southwardly along the same, one hundred sixty-five (165) feet to a point; thence south sixty- five (65) degrees twenty-seven (27) minutes west, one hundred twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said plan; thence north twenty-four (24) degrees thirty-three (33) minutes west along same one hundred eighty (180) feet to a point, the place of BEGINNING. BEING Lots Nos. 49 and 50 on Plan of Silver Spring Development, Co., recorded in Plan Book 5, Page 4, Cumberland County records. HAVING THEREON ERECTED a one story brick and frame dwelling known and numbered as 111 Maple Drive. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Adam Gordon and Bon- nie Kimble-Gordon, h/w, by Deed from Riders Real Investors, Inc., a Pennsylvania Corporation, dated 05/06/2004, recorded 05/10/2004, in Deed Book 262, page 4587. BEING PREMISES: 111 MAPLE DRIVE, MECHANICSBURG, PA 17050. BEING PARCEL NO. 38-19-1610- 066. *The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otwXtws Now you know CARLISLE PA 17013 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: 04123/08 04/30/08 05/07/08 N ............. Sworn t subscribed before me this 27 d y, 2008 A.D. Notary Publi COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyde L. Sheppard, Notary Public City Of Harrisburg, Dauphin County My Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Md-EMab sob t11As Vhft No. 2000-Ml ChrNTWM JP Morgan CMaa Bank VS Bormie Kknbb4ilordon and Adam Gordori Attorney: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in Silva Sprig Township, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described according to a survey of 0. Martin Holland, Registered Engineer, dated November 13,1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the Wet salion of Maple Drive and Oak Strut, also the dividing line between Lots No. 48 and 49 on had"a mentioned Plan of Lots; thence Eastwardly along the southern line of Maple Drive, one handred five (105) feet to a point; thence by an arc of curve to the right, having a radius of fifteen (15) feet, twenty-three and fifty-six hundredths (2356) feet to a point on the western line of Oak Street; thence southwardly along the same, one hundred sixty- five (165) feet to .& point thence south sixty-five (65) degrees twenty-seven (27) minutes west, one hundred twenty (120} feet to a point at the dividing fie between Lots Nos. 49 and 48 on said plan; thence north twenty-four (24) degrees thirty-three (33) minarets west along same one hundred eighty (180) feet to a point, the place of BEGINNING. BEING Lots Nos. 49 and 50 on Plan of Silva Spring Development, Co., recorded in Plan Book 5, Page 4, Cumberland County records. HAVING TIUM" ERECTED a one story brick and frame dwelling known and numbered as 111 Maple Drive. RECORD OWNER T11LE TO SAID PREMISES IS VESTED IN Adam Gordon and Bowie Kimble-Gordon, hlw, by Deed from Riders Real Investors, Inc., a Pemuylvaria Corporation. dated 0510612004, recorded 0$11012004, in Deed Book 262, page 4587. 'WING PREMISES: 111 MAPLE DRIVE, MECHANICCSBURG, PA 17050 BEING PARCEL NO. 38-19-1610-066 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 JPMORGAN CHASE BANK Plaintiff, V. . No. 08-341=CIVIL TERM BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $198,979.18 Interest from 03/04/2008-09/02/2009 $17,925.08 and Costs (per diem -$32.71) TOTAL 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. 168795 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff a ?= s V i 3 s J ' .?-? 490 c $?goo 0 ?,, M - r 7 0 GS W N (3 0 O ? a? o v ? a ? ? C o ? a co ? ? w o a U O 8 ? 3 as t? IU y.a n AA per,, a N VII ON Oo h .o PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1.617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-341-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: O an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. DANIEL G. SCHI Attorney for Plaintiff FILED Y- TH" Pr T Y' JPMORGAN CHASE BANK Plaintiff, V. BONNIE KI BLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-341-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, 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 ,111 MAPLE DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name BONNIE KIMBLE-GORDON ADAM GORDON Address (if address cannot be reasonably ascertained, please indicate) 111 MAPLE DRIVE MECHANICSBURG, PA 17050 111 MAPLE DRIVE 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 Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None ,.- _ ' 5. Name and address of every other person who has any record lien on the property: Name 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 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 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 111 MAPLE 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 Department of Public Welfare P.O. Box 8486 TPL Casualty Unit Willow Oak Building Estate Recovery Program Harrisburg, PA 17105 I verify that the statements made in this affidavit a<itto7 correct to a best of my personal knowledge or information and belief. I understand that f ents he n are m ade subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falso orities. May 13, 2009 DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plain 4 FI LEL) 'r 2 0 0 9 HA"I 20 P °i I - I :j atLyty? I'??t _ ,? JPMORGAN CHASE BANK Plaintiff, v. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). TO: BONNIE KIMBLE-GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 May 13, 2009 CUMBERLAND COUNTY No. 08-341-CIVIL TERM ADAM GORDON 111 MAPLE 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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, III MAPLE DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 am. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $198,979.18 obtained by JPMORGAN CHASE BANK (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 jud ment, if the judgment was improperly entered. You may also ask the Court to posfpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. I You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of sivpping 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 FAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION • By virtue of a Writ of Execution No. 08-341-CIVIL TERM JPMORGAN CHASE BANK VS. BONNIE KIMBLE-GORDON and ADAM GORDON owners of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 111 MAPLE DRIVE MECHANICSBURG PA 17050 Parcel No. 38-19-1610-066 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of O. Martin Holland, Registered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest comer of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; THENCE Eastwardly along the southern line of Maple Drive, One Hundred Five (105) feet to a point; THENCE by an arc or curve to the right, having a radius of Fifteen (15) feet, Twenty-Three and Fifty-Six Hundredths (23.56) feet to a point on the western line of Oak Street; THENCE southwardly along the same, One Hundred Sixty-Five (165) feet to a point; THENCE South Sixty-Five (65) degrees Twenty-Seven (27) minutes West, One Hundred Twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said Plan; THENCE North Twenty-Four (24) degrees Thirty-Three (33) minutes West along same One Hundred Eighty (180) feet to a point, the place of BEGINNING. BEING Lot Nos. 49 and 50 on the Plan of Silver Spring Development Co., recorded in Plan Book 6, Page 4, Cumberland County records. HAVING THEREON ERECTED a one story brick and frame dwelling known and numbered as 111 Maple Drive. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, rights-of ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Adam Gordon and Bonnie Kimble-Gordon, h/w, by Deed from Riders Real Investors, Inc., a Pennsylvania Corporation, dated 05/06/2004, recorded 05/10/2004, in Deed Book 262, page 4587. PREMISES BEING: 111 MAPLE DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 38-19-1610-066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-341 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, Plaintiff (s) From BONNIE KIMBLE-GORDON and ADAM GORDON (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 $198,979.18 L.L. Interest from 3/04/08 - 9/02/09 (per diem - $32.71) -- $17,925.08 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,258.06 Other Costs Plaintiff Paid Date: 5/20/09 Curtis R. Lon*othon (Se al) By: Deputy REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF JPMORGAN CHASE BANK DEFENDANT(S) BONNIE KIlVIBLE-GORDON ADAM GORDON SERVE BONNIE KIMBLE-GORDON AT: 111 MAPLE DRIVE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-341-CIVIL TERM ACCT. #168795 Type of Action - Notice of Sheriffs Sale Sale Date: SEPTEMBER 2, 2009 SERVED Served and made known to '&WA11F- JA (M$LE- ?TD?DtiN , Defendant, on the 3 Rp day of TPE 2001 at -'5? o'clock p-.m., at I < ( MOLE bA I V , 11A J5e 0N 1 CS 9V k6- , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is N ppA(D Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age^ ,,5 Height ?u Weight 62 /b Race W Sex A4 Other I, 1 IWA ? (VIp L L 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. IMBERLY CURTY Sworn to and subscri1,mmissi?p 3, of ni NOTARY PUBLIC before m:TAI P, 20STATE OF NEW JE 13 Ma h 7 Notary Expires ? L SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. v NOT SERVED On the day of 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant I" Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200-. Notary: Attornev 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 Z `d? OF THIIE 2009 jUl 16 A 9: 59 CLUILI, ??ti i. AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF JPMORGAN CHASE BANK No. 08-341-CIVIL TERM DEFENDANT(S) BONNIE KIMBLE-GORDON ADAM GORDON ACCT. #168795 SERVE ADAM GORDON AT: Type of Action 111 MAPLE DRIVE - Notice of Sheriffs Sale MECHANICSBURG, PA 17050 Sale Date: SEPTEMBER 2, 2009 AA nn SERVED Served and made known to tt D AM &06N Defendant, on the 3 R b day of 7uNc--: , 2009, at , !5i S y , o'clock T.m., at ((( Mktz bw e, M F04*,vies gUQ G , Commonwealth of Pennsylvania, in the manner described below: ? Defendant personally'served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other. r ?• Description: Age ? Height Weight o2 f D Race Sex Other M6 Lt_ , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY CZE before me this D day NOTARY PUof N NF- , 200. STATE OF NEW No y Commissi":Expires PL E T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIM OF SERVICE ATTEMPTED. NOT SERVED On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant Is` Attempt: Time: 2°d Attempt: Time: 3rd Attempt: I / Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of , 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 116q ?a P17"IT: 1-1 ;, I 0 iU, ? 16 r 5 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JPMORGAN CHASE BANK CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS V. CIVIL DIVISION BONNIE KIMBLE-GORDON ADAM GORDON NO. 08-341-CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE I, the undersigned attorney, attorney for JPMORGAN CHASE BANK, hereby 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 and as amended if applicable. 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". PHE LINAN & SCHMIEG, LLP B y Lawren T. an, 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 Courtenay R. Dunn, Esq., Id. No. 206779 &)C, le . Andrew C. Bramblett, Esq., Id. No. 208375 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. 168795 JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-341-CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, 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 1111 MAPLE DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name BONNIE KIMBLE-GORDON ADAM GORDON Address (if address cannot be reasonably ascertained, please indicate) 111 MAPLE DRIVE MECHANICSBURG, PA 17050 III MAPLE DRIVE 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 GE MONEY BANK GE MONEY BANK C/O PHILIP C. WARHOLIC ATLANTIC CREDIT & FINANCE INC ATLANTIC CREDIT & FINANCE INC C/O FREDERIC I. WEINBERG CAPITAL ONE BANK, USA, N.A. CAPITAL ONE BANK, USA, N.A. C/O JAMES C. WARMBRODT Address (if address cannot be reasonably ascertained, please indicate) 4125 WINDWARD PLAZA DRIVE, BLDG 300 ALPHARETTA, GA 30005 4660 TRINDLE ROAD, 3RD FLOOR CAMP HILL, PA 17011 2727 FRANKLIN ROAD ROANOKE, VA 17050 1001 EAST HECTOR STREET, STE 220 CONSHOHOCKEN, PA 19428 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238 1400 KOPPERS BUILDING, 436 SEVENTH AVE PITTSBURGH, PA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Address (if address cannot be reasonably ascertained, please indicate) SILVER SPRING TOWNSHIP AUTHORITY SILVER SPRING TOWNSHIP AUTHORITY C/O SCOTT A. DIETTERICK 31 EAST MAIN STREET P.O. BOX 1001 NEW KINGSTON, PA 17072-1001 134 SIPE AVENUE HUMMELSTOWN, PA 17036 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 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 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 111 MAPLE 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 13`h 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.A. § 4904 relating to unsworn falsification to authorities. DATE: PHELAN H L & SCH MIMIEG,, L?Lj PP By: !/G,r/ < / Lawr T. Ph ,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 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq. I.D. 208375 Attorneys for Plaintiff W N A ? o. 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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 ,,,?,eourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq, Id No. 208375 ATTORNEY FOR PLAINTIFF 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff No. 08-341-CIVIL TERM Vs. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s) PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF NUNC PRO TUNC PURSUANT TO Pa.R.C.P., 2352 TO THE PROTHONOTARY: Kindly substitute The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2006RS4 as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to 08-341-CIVIL TERM 168795 i JPMorgan Chase Bank N.A. as Trustee for RAMP 2006RS4 is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment has been executed and sent for recording in CUMBERLAND County on or about 9/1/2009. Kindly amend the information on the docket accordingly. Date: 9660q PHELAN HALLINAN & SCHMIEG, LLP By: elan Hallinan & Schmieg, LLP 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 Courtenay R. Dunn, Esq., Id. No. 206779'- Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 08-341-CIVIL TERM 168795 FILtt? tr lGE OF THE 2009 SEP -3 Pit !2» 40 PHELAN HALLINAN & SCHMIEG Phelan Hallinan & Schmieg, LLP 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 Andrew L. Spivack, Esq., Id. No. 84439 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 ,.,?ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq, Id No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JPMORGAN CHASE BANK Plaintiff vs. ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS : CIVIL DIVISION BONNIE KIMBLE-GORDON and NO. 08-341-CIVIL TERM ADAM GORDON - Defendant(s) PRAECIPE TO MARK JUDGMENT TO USE PLAINTIFF ENTRY OF APPEARANCE NUNC PRO TUNC TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank N.A. as Trustee for RAMP 2006RS4, located 1100 VIRGINIA DRIVE, P.O. BOX 8300, FORT WASHINGTON, PA 19034 08-341-CIVIL TERM 168795 PHELAN HALLINAN & SCHMIEG, LLP, By: - ;;?? an Hallinan & Schmieg, LLP 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 Courtenay R. Dunn, Esq., Id. No. 2067791 Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 08-341-CIVIL TERM 168795 ENTRY OF APPEARANCE NUNC PRO TUNC TO THE PROTHONOTARY: Kindly enter my appearance on behalf of The Bank of New York Mellon Trust Company, National Association fka The Bank of New York Trust Company, N.A. -as successor to JPMorgan Chase Bank N:A. as Trustee for RAMP 2006RS4, use plaintiff. PHELAN HALLINAN & SCHMIEG, LLPBy: / e an Hallinan & Schmieg, LLP 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 1. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779--- Andrew C. Bramblett, Esq, Id No. 208375 Attorneys for Plaintiff 08-341-CIVIL TERM 168795 FILED v, jti,E OF THE Ff,,,'N 2009 SEP -3 PPI 12: t, 4 L VAIMA C.A A r9 Sr ., & J SHERIFF'S OFFICE OF CUMBERLAND COUNTY FBI - Ronny R Anderson Sheriff T, Jody S Smith ?krts'ui F Chief Deputy Edward L Schorpp Solicitor JP Morgan Chase Bank vs. Case Number Bonnie Kimbel Gordon 2008-341 SHERIFF'S RETURN OF SERVICE 06/20/2009 12:58 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1158 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 Bonnie Kimble Gordon and Adam Gordon, located at, 111 Maple Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 06/20/2009 12:58 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1257 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: Bonnie Kimble Gordon, by making known unto, Adam Gordon, husband of defendant, at, 111 Maple 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. 06/20/2009 12:58 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 20 2009 at 1257 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: Adam Gordon, by making known unto, Adam Gordon, personally, at, 111 Maple 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. 08/31/2009 Property sale postponed to 11/4/2009. 11/03/2009 Property sale postponed to 1/6/2010. 01/06/2010 Property Sold to Central Penn Capital Management LLC for 60,500.00 on 1/6/10 02/09/2010 Ronny R. Anderson, 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 January 6, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $60,500.00 to Horizon Residential Loan Servicing, LLC, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 66,017.56 SHERIFF COST: $2,518.72 SO ANSWER February 09, 2010 NY R ANDERSON, SHERIFF Q -. kte-l 361 ?? fill SCHEDULE OF DISTRIBUTION Date Filed: 1/27/10 Writ No. 2008-341 Civil Term JPMorgan Chase Bank Vs Bonnie Kimbel-Gordon Adam Gordon Sale Date: January 6, 2010 Buyer: Central Penn Capital Management, LLC Bid Price: $ 60,500.00 Real Debt: $ 198,979.18 Interest: 17,925.08 Attorney Writ Costs: 1,258.06 Total: $ 218,162.32 DISTRIBUTION: Receipts: Cash on Account (11/25/2009) Cash on Account (01/06/2010) Cash on Account (01/22/2010) $ 1,500.00 6,050.00 59,967.56 Total Receipts: $ 67,517.56 Disbursements: Sheriffs Costs $ Legal Search Transfer Tax State Transfer Tax Local Debra B. Wiest, Silver Spring Tax Collector (2010) Attorney Daniel Schmieg JPMorgan Chase Bank Total Disbursements: Balance for distribution: So Answers: fY Rorlii R. Anderson Sheriff 2,218.72 300.00 2,003.78 2,003.78 574.58 1,500.00 58,916.70 ($ 67,517.56) 00.00 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. 43, Writ No. 2008-341 held January 6, 2010 EFFECTIVE DATE: January 6, 2010 PREMISES: 111 Maple Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania, Tax Parcel No. 38-19-1610-066 (the "Premises") RECITAL: Being the same premises which Riders Real Investors, Inc., by its Deed dated May 6, 2004 and recorded May 10, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 262, Page 4587, granted and conveyed unto Adam Gordon and Bonnie Kimble-Gordon; husband and wife. 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. Ali 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: 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. 3. The rights or claims of any tenants or other parties in possession. 4. Support anearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment o" "state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 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, 2010. 20. Mortgage in the amount of $185,000.00 from Adam Gordon and Bonnie Kimble-Gordon to EquiFirst Corp. dated February 23, 2006 and recorded March 10, 2006 in Mortgage Book 1943, Page 201, assigned September 9, 2009 in Instrument No. 200931408 to Bank of New York Mellon Trust Co. -2- 21. Judgment against Adam Gordon and Bonnie Kimble-Gordon in the amount of $198,979.18 in favor of Bank of New York Mellon Trust Co. entered March 5, 2008 to No. 2008-341 with respect to the mortgage identified above. 22. Judgment against Adam Gordon and Bonnie Kimble-Gordon in favor of Silver Spring Township Authority in the amount of $4,128.30 entered August 18, 2009 upon a writ of scire facial to No. 2009-3803 with reference to 2009-1837. 23. Judgment against Bonnie Kimble in the amount of $1,202.00 in favor of G E Money Bank entered April 6, 2009 to No. 2009-2144. 24. Judgment against Adam Gordon and Bonnie Kimble-Gordon in favor of Silver Spring Township Authority in the form of a municipal lien in the amount of $4,128.30 entered March 24, 2009 to No. 2009-1837. 25. Judgment against Adam Gordon in the amount of $1,357.72 in favor of Capital One Bank entered May 14, 2009 to No. 2009-546. 26. Judgment against Adam M. Gordon in the amount of $4,366.47 in favor of Atlantic Credit & Finance, Inc. entered December 1, 2008 to No. 2008-6094. 27. Judgment against Adam M. Gordon in the amount of $3,807.11 in favor of Capital One Bank USA N.A. entered December 1, 2008 to No. 2008-5357. 28. Judgment against Adam M. Gordon in the amount of $3,502.80 in favor of Capital One Bank - USA N entered September 9, 2008 to No. 2008-3928. 29. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing on the Plan of Silver Spring Development recorded in Plan Book 6, Page 4. 30. Subject to the rights granted Bell or Bell of PA in Miscellaneous Book 100, Page 538. 31. Subject to the rights granted PPL in Miscellaneous Book 101, Page 19 and in Miscellaneous Book 85, Page 378. 32. Subject to the rights of others in and to any portion of the Premises within or adjoining Maple Drive or Oak Street. 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. By: 1 4/-? -3- Keith O. Brenneman REAL ESTATE SALE NO. 43 Writ No. 2008-341 Civil JP Morgan Chase Bank As Trustee VS. Bonnie Kimbel Gordon Adam Gordon Atty.; Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of O. Martin Holland, Regis- tered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; THENCE Eastwardly along the southern line of Maple Drive, One Hundred Five (105) feet to a point; THENCE by an arc or curve to the right, having a radius of Fifteen (15) feet, Twenty-Three and Fifty-Six Hundredths (23.56) feet to a point on the western line of Oak Street; THENCE southwardly along the same, One Hundred Sixty-Five (165) feet to a point; THENCE South Sixty-Five (65) degrees Twenty-Seven (27) minutes West, One Hundred Twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said Plan; THENCE North Twenty-Four (24) degrees Thirty- Three (33) minutes West along same One Hundred Eighty (180) feet to a point, the place of BEGINNING. BE- ING Lot Nos. 49 and 50 on the Plan of Silver Spring Development Co., recorded in Plan Book 6, Page 4, Cumberland County records. HAVING THEREON ERECTED a one story brick and frame dwell- ing known and numbered as 111 Maple Drive. Under and subject to any and all covenants, conditions, reservations, restrictions, limita- tions, rights-of ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Adam Gordon and Bon- nie Kimble-Gordon, h/w, by Deed from Riders Real Investors, Inc., a Pennsylvania Corporation, dated 05/06/2004, recorded 05/10/2004, in Deed Book 262, page 4587. PREMISES BEING: 111 MAPLE DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 38-19-1610- 066. EXHIBIT A, JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-341-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK, 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 ,111 MAPLE DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name BONNIE KIMBLE-GORDON ADAM GORDON Address (if address cannot be reasonably ascertained, please indicate) 111 MAPLE DRIVE MECHANICSBURG, PA 17050 111 MAPLE DRIVE 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 None Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name 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 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 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 111 MAPLE 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 arCstatements correct to he best of my personal knowledge or information and belief. I understand that fa her n are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsi a orities. May 13, 2009 DATE DANIEL G. SCHMIEG, SQUIRE Attorney for Plain 1 JPMORGAN CHASE BANK Plaintiff, V. BONNIE KIMBLE-GORDON ADAM GORDON Defendant(s). CUMBERLAND COUNTY No. 08-341-CIVIL TERM May 13, 2009 TO: BONNIE KIMBLE-GORDON 111 MAPLE DRIVE MECHANICSBURG, PA 17050 ADAM GORDON 111 MAPLE 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 BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 111 MAPLE DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $198,979.18 obtained by JPMORGAN CHASE BANK (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT-DESCRIPTION By virtue of a Writ of Execution No. 08-341-CIVIL TERM JPMORGAN CHASE BANK VS. BONNIE KIMBLE-GORDON and ADAM GORDON owners of property situate in the TOWNSHIP OF SILVER SPRING, Cumberland County, Pennsylvania, being (Municipality) 111 MAPLE DRIVE MECHANICSBURG PA 17050 Parcel No. 38-19-1610-066 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING Daniel G. Schmieg, Esquire LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of O. Martin Holland, Registered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; THENCE Eastwardly along the southern line of Maple Drive, One Hundred Five (105) feet to a point; THENCE by an arc or curve to the right, having a radius of Fifteen (15) feet, Twenty-Three and Fifty-Six Hundredths (23.56) feet to a point on the western line of Oak Street; THENCE southwardly along the same, One Hundred Sixty-Five (165) feet to a point; THENCE South Sixty-Five (65) degrees Twenty-Seven (27) minutes West, One Hundred Twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said Plan; THENCE North Twenty-Four (24) degrees Thirty-Three (33) minutes West along same One Hundred Eighty (180) feet to a point, the place of BEGINNING. BEING Lot Nos. 49 and 50 on the Plan of Silver Spring Development Co., recorded in Plan Book 6, Page 4, Cumberland County records. HAVING THEREON ERECTED a one story brick and frame dwelling known and numbered as 111 Maple Drive. Under and subject to any and all covenants, conditions, reservations, restrictions, limitations, rights-of ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Adam Gordon and Bonnie Kimble-Gordon, h/w, by Deed from Riders Real Investors, Inc., a Pennsylvania Corporation, dated 05/06/2004, recorded 05/10/2004, in Deed Book 262, page 4587. PREMISES BEING: 111 MAPLE DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 38-19-1610-066 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 08-341 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, Plaintiff (s) From BONNIE KIMBLE-GORDON and ADAM GORDON (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 $198,979.18 L.L. Interest from 3/04/08 - 9/02/09 (per diem - $32.71) -- $17,925.08 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,258.06 Other Costs Plaintiff Paid Date: 5/20/09 Curtis R. Long, rotho of y (Seal) By: REQUESTING PARTY: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 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 # On May 22, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Silver Springs Township, Cumberland County, PA Known and numbered as, 111 Maple Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 22, 2009 By- Rea Estate Coordinator Vp-r, IIE; -The Patriot-News Co. 8-12'M' arket St. Harrisburg, PA 17101 Inquiries - 717-255-8213 the Pahiot News Now you know CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 she 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 she 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 4 This ad ran on the date(s) shown below: Sworn to and subscribed before me tWe'14 day of August, 2009 A.D. r , COMMt tart' Public lvw?ALTH OF PENNSYLVANIA Notarial Seal Shenie L Kisner, Notary Public City Of Harrisburg, Dauphin County MY Convn?ion Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 07/24/09 07/31109 08/07/09 8010 No. 43 Vrit No. 2000-341 ChrU Term JP 111ar96n Chase Bank As Trustee Va. Bonnie iJmbsl Gordon Adam Gordon Atty: DanIM Schmi" LEGAL DESCRIPTION ALL THAT CERTAIN tract orparcel of land situate in the Silva Spring ' Township, Cumberland County, patgsylvam8, more particularly bounded and described according to a survey of 0.. Martin Holland; Registered Engineer; dated November 13, 1953, as follows: BEGINNING at 'a point on the southern line of Maple Drive, 12D feet West of the southwest coiner of the intersection of Maple Drive and Oak Street, dw the dividing line between hots No. 48 and 49 on bereinafta mentioned Plan of Lots; THENCE Eastwafdly along the southern line of Maple Driwe,'O& Hundred Five (105) feet to a point: TRENCH by an arc or curve to the right, having a radius of Fifteen (15) feet, Twenty-Tbtee`and Fifty-Six Hundredths (23.56) feet to a point on the western lime of Oak Street; THENCE southwadly along the same, One Hundred Sixty-Five (165) feet to a point; THENCE South . Sixty-Five (65) degrees Twenty n (27) minutes West 'One Hundred Twenty (120) feet to a point at 1beTdividing be between Lots Nos. 44 and 48 on said Plan; THENCE North Twenty-Four (24) degrees Thirty-Three (33) minutes West along same One Hundred Eighty (180) feet to A point, the place . of BEGINNING: EEING Lot Nos: 49 and 50 on the Plan of Silver' Spring Development Co., recorded in Plan Book 6, Page 4, Cumberland County records. HAVING THEREON 'ERECT'ED a one story brick and flame dwelling known, and numbered as 111 Maple Drive. Under' and subject to any and all Covenants, conditions, reservations, restrictions, limitations, rights-of ways, objections, easements, agreements, etc., as they appear of record. TITLE TU SAID PREMISES IS VESTED IN Adam Gordon and Bonnie Kimble-Gordon, blw, by Deed from Riders Real. Investors, Inc., a Pennsylvania Corporation, dated 05100AW, reconde`01IW2t104, in Deed Book 262, page 4587. PWOES BEING; 111 MAPLE DRIVE, MECHANICSBURG, PA 17050 °ARCP.L NO. W19.1610-066 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: July 24, July 31 and August 7, 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. Marie Coyne, E#itor SWOR-N-`f0 AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 43 Writ No. 2008-341 Civil JP Morgan Chase Bank As Trustee vs. Bonnie Kimbel Gordon Adam Gordon Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract or par- cel of land situate in the Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described according to a survey of O. Martin Holland, Regis- tered Engineer, dated November 13, 1953, as follows: BEGINNING at a point on the southern line of Maple Drive, 120 feet West of the southwest corner of the intersection of Maple Drive and Oak Street, also the dividing line between Lots No. 48 and 49 on hereinafter mentioned Plan of Lots; THENCE Eastwardly along the southern line of Maple Drive, One Hundred Five (105) feet to a point; THENCE by an arc or curve to the right, having a radius of Fifteen (15) feet, Twenty-Three and Fifty-Six Hundredths (23.56) feet to a point on the western line of Oak Street; THENCE southwardly along the same, One Hundred Sixty-Five (165) feet to a point; THENCE South Sixty-Five (65) degrees Twenty-Seven (27) minutes West, One Hundred Twenty (120) feet to a point at the dividing line between Lots Nos. 49 and 48 on said Plan; THENCE North Twenty-Four (24) degrees Thirty- Three (33) minutes West along same One Hundred Eighty (180) feet to a point, the place of BEGINNING. BE- ING Lot Nos. 49 and 50 on the Plan of Silver Spring Development Co., recorded in Plan Book 6, Page 4, Cumberland County records. HAVING THEREON ERECTED a one story brick and frame dwell- ing known and numbered as 111 Maple Drive. Under and subject to any and all covenants, conditions, reservations, restrictions, limita- tions, rights-of ways, objections, easements, agreements, etc., as they appear of record. TITLE TO SAID PREMISES IS VESTED IN Adam Gordon and Bon- nie Kimble-Gordon, h/w, by Deed from Riders Real Investors, Inc., a Pennsylvania Corporation, dated 05/06/2004, recorded 05/ 10/2004, in Deed Book 262, page 4587. PREMISES BEING: 111 MAPLE DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 38-19-1610- 066. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HORIZON RESIDENTIAL LOAN SER LLC is the grantee the same having been sold to said grantee on the 6TH day of JAN A.D., 2010, under and by virtue of a writ Execution issued on the 20TH day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 341, at the suit of JPMORGAN CHASE BANK against BONNIE KIMBLE=GORDON & ADAM GORDON is duly recorded as Instrument Number 20103868. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this Af '?Ql_ , A.D. ? D / D day of ` V ' 0 Recorder of Deeds %corftceDeek ConmtseionQ fb ?8"