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HomeMy WebLinkAbout08-2979PHELAN 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 SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 177522 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. 08 - a9 79 I -ri rm v. CUMBERLAND COUNTY JASON A. SWAUGER 812 KENT DRIVE MECHANICSBURG, PA 17050 Defendant CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 177522 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 #: 177522 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 TiIEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File k: 177522 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 #: 177522 w Plaintiff is U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CHI 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: JASON A. SWAUGER 812 KENT DRIVE MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/27/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to CHASE BANK USA, NA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1945, Page 3396. The 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 01/01/2008 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 #: 177522 :r 6. The following amounts are due on the mortgage: Principal Balance $181,596.02 Interest $5,084.64 12/01/2007 through 05/09/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $702.09 03/27/2006 to 05/09/2008 Cost of Suit and Title Search $550.00 Subtotal $189,182.75 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $189,182.75 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 #: 177522 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 $189,182.75, together with interest from 05/09/2008 at the rate of $35.31 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, L`LP Q r By: LAWRENCE T. PHELAN, ESQUIRE L-FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 177522 LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern right of way line of Kent Drive at the dividing line between Lots Nos. 63 and 64 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds East one hundred twenty (120) feet to a point; thence along line of Lot No. 63, South twenty (20) degrees forty-eight (48) minutes forty (40) seconds East one hundred five (105) feet to line of Lot No. 62; thence along the same, South sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds West one hundred twenty (120) feet to the eastern right of way line of Kent Drive; thence along the same, North twenty (20) degrees forty-eight (48) minutes forty (40) seconds West one hundred five (105) feet to line of Lot No. 64, the place of beginning. BEING all of Lot No. 63 on the Final Plan No. 2, Part of Section 2, Deimler Manor, recorded at Plan Book 33, page 10, Cumberland County records. UNDER AND SUBJECT to conditions, rights of way and restrictions of record including but not limited to matters set forth on the aforesaid plan and rights of Hampden Township acquired by Declaration of Easement crossing a portion of the described premises. HAVING thereon erected a dwelling house. PREMISES: 812 KENT DRIVE Parcel No. 10-17-1037-063 File #: 177522 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. Attorney for Plaintiff /???? DATE: '6* C4 On 0 P-10 00 U) -17 , ' _ .. r-71 _-n ? ?..?n r J f s d w ` SHERIFF'S RETURN - REGULAR CASE NO: 2008-02979 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND US BANK NATIONAL ASSOCIATION VS SWAUGER JASON A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SWAUGER JASON A the DEFENDANT at 1631:00 HOURS, on the 14th day of May 2008 at 812 KENT DRIVE MECHANICSBURG, PA 17050 JASON SWAUGER a true and attested copy of COMPLAINT - MORT FORE by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Affidavit .00 Surcharge 10.00 6//o%r .00 42.00 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 05/15/2008 PHELAN HALLINAN SCHMIEG By. De t S i f A.D. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 Plaintiff VS. JASON A. SWAUGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2979-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ?., Francis S. Hallinan, Esqu're Date: V? PHS #: 177522 A.. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 Plaintiff VS. JASON A. SWAUGER Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : NO. 08-2979-CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiffs Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: JASON A. SWAUGER 812 KENT DRIVE MECHANICSBURG, PA 17050 Date: Lp Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff ` By: Francis S. Hallinan, Esq ire VERIFICATION TERRIE RENTERA hereby states that he/she is VicePresiden6f CHASE HOME FINANCE LLC, servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 .relating to unsworn falsification to authorities. MAY 1'5 2008 a e: Tee ie en ena DATE: Title: Vice President Company: CHASE HOME FINANCE LLC Loan: 22693501 File #: 177522 AlA T03A Aipp? ^.? n 7 y oa (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 10790 RANCHO BERNARDO RD Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2979-CIVIL TERM V. JASON A. SWAUGER Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 30 2008. 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." 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION Plaintiff, V. JASON A. SWAUGER 812 KENT DRIVE MECHANICSBURG, PA 17050 NO. 08-2979-CIVIL TERM Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JASON A. SWAUGER , 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 $189,182.75 Interest from 05/10/08 to 07/29/08 $2,860.11 TOTAL $192,042.86 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, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 3d ?2o d PR PRO THY 177522 PHELAN HALLINAN & SCHMIEG, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Philadelphia, PA 19103 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS : COURT OF COMMON PLEAS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CHI : CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. JASON A. SWAUGER Defendants TO: JASON A. SWAUGER 812 KENT DRIVE MECHANICSBURG, PA 17050 DATE OF NOTICE: JULY 15.2008 7 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 NO. 08-2979-CIVIL TERM Jason Ricco, 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 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 10790 RANCHO BERNARDO RD Plaintiff, V. JASON A. SWAUGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2979-CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant JASON A. SWAUGER is over 18 years of age and resides at, 812 KENT 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. n 0,? _fA? f P?? \J DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff \1?j ?? ?-' <-? ....s ? ? ? ? . .? ? ?. ? C t ... ? ?' . 4 -: .?1 fti wy` SY ? .J>. _ s W ? ? _" ? ? Lv r 0 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CHI Plaintiff, V. JASON A. SWAUGER Defendant(s). No. 08-2979-CIVIL TERM TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $192,042.86 Interest from 7/30/08 TO 12/10/08 $4,230.38 and Costs (per diem -$31.57) TOTAL $196,273.24 ANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 1 / / 5 2 Oz d V W d W 0 ? a E-+Uz W dz O Ud O , a ? o 0 ~ O H d ? 0? V Uz da;d? 0o ztiao oa N az 0 Iwo w zw~ w z z ?? ? max ? MHz W 3 z 0 O U ? W rA w? O ? C w wo o? wo a? U a w c' 8 v V w d 0 M 0 d a C7 7 CA U ~ d U A zW x ~ 00 b a? a a? N N N , r c m-" te ? 9, x 00 7?•+ ; ,. , , , r Q ' ti ?; cs .97- 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 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, : NATIONAL ASSOCIATION IPMAC 2006-CH1 : Plaintiff, V. JASON A. SWAUGER Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2979-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 unswom falsification to authorities. ANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ; c? -v rs ? ???. G ?°' ; . ? C, ...- ?, ? ?,t "r 5:: t.. . '.? ? j?_7 -?. ?: } . ? ? ?- ,* ? r ?.,. v U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 Plaintiff, V. JASON A. SWAUGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2979-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR J.P. MORGAN CHASE BANK NATIONAL ASSOCIATION IPMAC 2006-CHI, 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 812 KENT DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JASON A. SWAUGER 812 KENT 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) Dean M. Smuro 1834 Holly Lane Chambersburg, PA 17201 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) Chase Bank USA, NA 200 White Clay Center Drive Newark, DE 19711 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 812 KENT 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 auth August 13, 2008 DATE ??ANIE?LS?CIIMIG, ESQUIRE Attorney for Plaintiff r-? ?? ?, ? n c„>, ?? rrt ? y r .,.,. tJ' ?C? - f, ? ',, i ? ?°` 3' C"; ' ` ? ? N V U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CHI Plaintiff, V. JASON A. SWAUGER Defendant(s). CUMBERLAND COUNTY No. 08-2979-CIVIL TERM August 13, 2008 TO: JASON A. SWAUGER 812 KENT 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 OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 812 KENT DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $192,042.86 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 (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 LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern right of way line of Kent Drive at the dividing line between Lots Nos. 63 and 64 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds East one hundred twenty (120) feet to a point; thence along line of Lot No. 63, South twenty (20) degrees forty-eight (48) minutes forty (40) seconds East one hundred five (105) feet to line of Lot No. 62; thence along the same, South sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds West one hundred twenty (120) feet to the eastern right of way line of Kent Drive; thence along the same, North twenty (20) degrees forty-eight (48) minutes forty (40) seconds West one hundred five (105) feet to line of Lot No. 64, the place of beginning. BEING all of Lot No. 63 on the Final Plan No. 2, Part of Section 2, Deimler Manor, recorded at Plan Book 33, page 10, Cumberland County records. UNDER AND SUBJECT to conditions, rights of way and restrictions of record including but not limited to matters set forth on the aforesaid plan and rights of Hampden Township acquired by Declaration of Easement crossing a portion of the described premises. HAVING thereon erected a dwelling house. Parcel No. 10-17-1037-063 TITLE TO SAID PREMISES IS VESTED IN Jason A. Swauger, single person, by Deed from David S. Feinberg, single person, dated 02/11/2003, recorded 02/24/2003, in Deed Book 255, page 4227. PREMISES BEING: 812 KENT DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 10-17-1037-063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2979 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1, Plaintiff (s) From JASON A. SWAUGER (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 $192,042.86 L.L.$ 0.50 Interest from 7/30/08 to 12/10/08 (per diem - $31.57) - $4,230.38 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $161.00 Other Costs Plaintiff Paid Date: 8/15/08 rothonota (Seal) By: Deputy 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 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1 DEFENDANT(S) JASON A. SWAUGER SERVE JASON A. SWAUGER AT: 812 KENT DRIVE MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-2979-CIVIL TERM ACCT. #177522 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 SERVED cc'' Served and made known to .I1?56 N tt • SWhG(G AR , Defendant, on the day of SC- 1'3 -IEFMO 00 at 3''7-4 , o'clockF.m., at 2 KPNT MI IF Fcq"tCs D RG , 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: Description: Age D Height 5_T' Weight ( 54 Race W Sex AA Other I, P01JA-?-p No u- , 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. Swo o d sub c?&d befo m thi Z day 0 00 t Or A MPT S [tVICE A LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. Notary Public Stale of New Jersey NOT SERVED PATRICIA E. HARRIS On misslon E>&#9iWune 16, 2013 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1t Attempt: / / Time: 2"d 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 ? ? ?T r ? r '.?? ? E? ? , ? ? r ? ? :? ? ? ? fi _ ? r. wry ? `5? ?y? ?r?i ? " Y? '.? ? ? r4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE CUMBERLAND COUNTY FOR J.P. MORGAN CHASE BANK, NATIONAL COURT OF COMMON PLEAS ASSOCIATION IPMAC 2006-CHI Plaintiff CIVIL DIVISION V. NO. 08-2979-CIVIL TERM JASON A. SWAUGER Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 812 KENT DRIVE, MEC'HANIC'.SBURG, PA 17050. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL G. S MI G, ESQUIRE &X?? Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahsence of a r presentative of the plaintiff at the Sheriff's Sal The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 177522 . w a ' ' U.S. Bank National Association, as Trustee In the Court of Common Pleas of For J=.P. Morgan Chase Bank, National Association Cumberland County, Pennsylvania IPMRC 2006-CHI Writ No. 2008-2979 Civil Term VS Jason A. Swauger Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2008 at 1905 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: Jason A. Swauger by making known unto Jason Swauger personally, at 812 Kent 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. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2008 at 1257 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 Jason A. Swauger, located at 812 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Jason A. Swauger, by regular mail to his last known address of 812 Kent Drive, Mechanicsburg, PA 17050. This letter was mailed under the date of October 6, 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. Sheriff's Costs: Docketing 30.00 Poundage 19.87 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Mileage 26.00 Levy 15.00 Surcharge 30.00 Postpone sale 20.00 Law Journal 413.00 Patriot News 411.95 Share of bills 14.92 so Answ s: R. Thomas Kline, Sheriff BY Real EStfte Coordinator 1910- fo 91, L?- F{t ED-O OF VE PP()T ARY ZDe9 APR - Ali 9-- 55 PENN U.S. BANK NATIONAL ASSOCIATION, AS TRUS,TEPFOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CHI Plaintiff, V. JASON A. SWAUGER Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. O&2979-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN_CHASE BANK, NA`T'IONAL ASSOCIATION IPMAC 2006-CH1, 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 t812 KENT DRIVE, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) JASON A. SWAUGER 812 KENT 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) Dean M. Smuro 1834 Holly Lane C:hambersburg, PA 17201 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) Chase Bank USA, NA 200 White Clay Center Drive Newark, DE 19711 5. Name and address of every other person who has any record lien on the property: W , Name. Last Known Address (if address cannot be reasonably ascertained, please indicate) ' ` ?1 J / M %.?:, 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 812 KENT 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. Sec. 4904 relating to unsworn falsification to auth August 13, 2008 DATE ANIEL SCHMIEG, ESQUIRE Attorney for Plaintiff U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CHI Plaintiff, V. JASON A. SWAUGER Defendant(s). TO: JASON A. SWAUGER CUMBERLAND COUNTY No. 08-2979-CIVIL TERM August 13, 2008 812 KENT 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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 812 KENT DRIVE, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $192,042.86 obtained by U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CHI (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 Sheriff s 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 LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the eastern right of way line of Kent Drive at the dividing line between Lots Nos. 63 and 64 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds East one hundred twenty (120) feet to a point; thence along line of Lot No. 63, South twenty (20) degrees forty-eight (48) minutes forty (40) seconds East one hundred five (105) feet to line of Lot No. 62; thence along the same, South sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds West one hundred twenty (120) feet to the eastern right of way line of Kent Drive; thence along the same, North twenty (20) degrees forty-eight (48) minutes forty (40) seconds West one hundred five (105) feet to line of Lot No. 64, the place of beginning. BEING all of Lot No. 63 on the Final Plan No. 2, Part of Section 2, Deimler Manor, recorded at Plan Book 33, page 10, Cumberland County records. UNDER AND SUBJECT to conditions, rights of way and restrictions of record including but not limited to matters set forth on the aforesaid plan and rights of Hampden Township acquired by Declaration of Easement crossing a portion of the described premises. HAVING thereon erected a dwelling house. Parcel No. 10-17-1037-063 TITLE TO SAID PREMISES IS VESTED IN Jason A. Swauger, single person, by Deed from David S. Feinberg, single person, dated 02/11/2003, recorded 02/24/2003, in Deed Book 255, page 4227. PREMISES BEING: 812 KENT DRIVE, MECHANICSBURG, PA 17050 PARCEL NO. 10-17-1037-063 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-2979 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK NATIONAL ASSOCIATION, as Trustee for J.P. MORGAN CHASE BANK, NATIONAL ASSOCIATION IPMAC 2006-CH1, Plaintiff (s) From JASON A. SWAUGER (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 $192,042.86 L.L.$ 0.50 Interest from 7/30/08 to 12/10/08 (per diem - $31.57) - $4,230.38 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $161.00 Other Costs Plaintiff Paid Date: 8/15/08 rothonot (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 i"he Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4e Patti* ot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since-, That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true-, and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: R 10/29/08 11/05/08 r 11/12/08 ...... .. ............ S7n to and , ribed before me this z5 d,aO,November, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal S'herris L Kisner, Notary Public City Of Harrisburg, Dauphin County G _ My cormission EXplres Nov 26, 2011 Member, Pennsylvania As zorrahnrt cwt No- Caries Real Estate Sale No. 31 Writ No. 2008-2979 Civil Term U.S. Bank National Association, as Thwteertor J.P. Morgan Chase Hank; Nationa[Assoclation IPMtAC 2006-CHI VS Jason A. Swauger Attorney Daniel Schmieg LEGAL DEWUPT10N ALL that certain tract or parcel of land and premises, situate, lying and- being in the Township of Hampden, in the County of Cumberland and Commonwealth' of and dtMn "Opil, BaGROW a s point on the easwu r* of way ruse of Kw Drive at tic divAq line between Lots Nos. 63 and 64 an &e beteiOtter mentioned Plan of Lots; thence along said dividing line, North sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds East one hundred twenty (120) feet to a point; thence along line of Lot No. 63, South twenty (20) degrees forty-eigbt (48) minutes forty (40) seconds East one hundred five (105) feet to line of Lot No. 62; thence along the same, South sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds West one hundred twenty (120) feet to the eastern right of way line of Kent Drive; Thence along the same, North twenty (20) degrees forty-eight (48) minutes forty (40) seconds West one hundred five (105) feet to line of Lot No. 64, the place of beginning. BEING all of Lot No. 63 on the Final Plan No. 2, Part of Section 2, Deimler Manor, recorded at Plan Book 33, page 10, Cumberland County records. UNDER AND SUBJECT to conditions, rights of way and restrictions of record including but not limited `to magers set forth on the aforesaid plan and rights of flamptlen Township acquired by Declaration of Easement crossing a portion of the described premises. HAVING thereon erected a dwelling house. Parcel No. 10-17-1037-063 TITLE TO SAID PREMISES IS VESTED IN Jason A. Swauger, single person, by Deed from David S. Feinberg, single person, dated 021111 2003, recorded OZIM003, in Deed Book 255, page 4227. PREMISES BEING: 812 KENT DRIVE, MECHANICSBURG, PA 17050 PARCEL NO.10-17-1037-063 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_:_ October 31, November 7 and November 14, 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. 7 %, in?__ q isa arie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNT! My Commission Expires Apr 28, 2010 Vii. WTAT'N Wi NO. 31 Writ No. 2008-2979 Civil U.S. Bank National Association, as Trustee for J.P. Morgan Chase Bank, National Association IPMAC 2006-CHI VS. Jason A. Swauger Atty.: Daniel Sehmieg LEGAL DESCRIPTION ALL that certain tract or parcel of land and premises, situate, lying and being in the Township of Hampden, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows: BEGINNING at a point on the eastern right of way line of Kent Drive at the dividing line between Lots Nos. 63 and 64 on the hereinafter mentioned Plan of Lots; thence along said dividing line, North sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds East one hun- dred twenty (120) feet to a point; thence along line of Lot No. 63, South twenty (20) degrees forty-eight (48) minutes forty (40) seconds East one hundred five (105) feet to line of Lot No. 62; thence along the same, South sixty-nine (69) degrees eleven (11) minutes twenty (20) seconds West one hundred twenty (120) feet to the eastern right of way line of Kant Drive; thence along the same, North twenty (20) degrees forty-eight (48) minutes forty (40) seconds West one hundred five (105) feet to line of Lot No. 64, the place of beginning. BEING all of Lot No. 63 on the Final Plan No. 2, Part of Section 2, Deimler Manor, recorded at Plan Book 33, page 10, Cumberland County records. UNDER AND SUBJECT to condi- tions, rights of way and restrictions of record including but not limited to matters set forth on the aforesaid plan and rights of Hampden Town- ship acquired by Declaration of Easement crossing a portion of the described premises. HAVING thereon erected a dwell- ing house. Parcel No. 10-17-1037-063. TITLE TO SAID PREMISES IS VESTED IN Jason A. Swauger, single person, by Deed from David S. Feinberg, single person, dated 02/11/2003, recorded 02/24/2003, in Deed Book 255, page 4227. PREMISES BEING: 812 KENT DRIVE, MECHANICSBURG, PA 17050. PARCEL NO. 10-17-1037-063. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff a? One Penn Center Plaza Philadelphia, PA 19103cra 215-563-7000 ;a U.S. BANK NATIONAL ASSOCIATION, AS : Court of Commo v as TRUSTEE FOR J.P. MORGAN CHASE BANK, : vC) NATIONAL ASSOCIATION IPMAC 2006-CH1 : Civil Division ? Plaintiff CUMBERLAND County vs No. 08-2979-CIVIL TERM JASON A. SWAUGER Defendant PRAECIPE TO THE PROTHONOTARY: ter. C) Please withdraw the complaint and mark the action Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. -Please mark the in rem judgment Satisfied and the action Discontinued and Ended. Date: PHELA ALLIN & CHMIEG, LLP By: Lawrence T. Phelan, Es ., d. No. 2227 Francis S. Hallinan, Esq., I 695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 >eetal 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 PHS# 177522 Attorneys for Plaintiff $-. A fkl - a ? 3 2a 3o`), PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR J.P. MORGAN CHASE BANK, Court of Common Pleas NATIONAL ASSOCIATION IPMAC 2006-CH1 Plaintiff Civil Division vs CUMBERLAND County JASON A. SWAUGER No. 08-2979-CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiff's Praecipe was served by regular mail to the person(s) on the date listed below: JASON A. SWAUGER 812 KENT DRIVE MECHANICSBURG, PA 17050 Date: 1?- 1? - - _r_ By: Lawrence T. '41d. d. No. 32227 Francis S. HaNo. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Xeetal 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 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 Allison F. Wells, Esq., Id. No. 309519 William E. Miller, Esq., Id. No. 308951 Melissa J. Scheiner, Esq., Id. No. 308912 Attorney for Plaintiff