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HomeMy WebLinkAbout08-3030PHELAN 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 177628 AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. MOUNTVILLE, PA 17554-1500 Plaintiff V. JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 09- 3030 c?v'&t-T- " CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 177628 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 #: 177628 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 #: 177628 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 #: 177628 1. Plaintiff is AMERICAN HOME BANK, N.A. 3 840 HEMPLAND RD. MOUNTVILLE, PA 17554-1500 2. The name(s) and last known address(es) of the Defendant(s) are: JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/KJA LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 06/08/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1954, Page 3312. 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 12/01/2007 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 #: 177628 6. The following amounts are due on the mortgage: Principal Balance $950,000.00 Interest $39,766.20 11/01/2007 through 05/09/2008 (Per Diem $208.20) Attorney's Fees $1,250.00 Cumulative Late Charges $550.00 06/08/2006 to 05/09/2008 Cost of Suit and Title Search 0.00 Subtotal $991,566.20 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $991,566.20 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s 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 #: 177628 9 10 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. 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 $991,566.20, together with interest from 05/09/2008 at the rate of $208.20 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. By: PHELAN HALLINAN & SCHMIEG, LLP c? LAWRENCE T. PHELAN, ESQUIRE LFICANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 177628 LEGAL DESCRIPTION DESCRIPTION of a I l of land kxWed in tha'r0W=h+p of I"Iampden, Cfurty of Gt xtand, Side of flonnsylvwft in 800M10= wM a pkn °nHtf°d'F"" SIu"N'sioh Plain for VY Tr$d'. dated August 19,1999 and last revised J* 28, 20M- Said patoei being more icy daoribsd as follows: BpGiNNING at an iron pin to be set, located Wong tttie eastrlm dght-Of-wW line of Adesne Drive at the dividing iim between Unit 36 and Unit 37 as shown on they above and d atttxs: 1) oxxt" thence along: MoMng thr" (3) East, a nos of 82.47 fee?t to an kon pin to So puth 30 3 degrees 13 mil{ be set 2) aWv a curve to the fight having a rodkm of 254-00 foot, a data angle of 18 degrees 41 minutes 59 seconds, an arc kwigth of 85.99 fait, and a chord beating and distance of South 20 degrees 22 trimutsss 06, ssoonda fit. 85.53 feet, to a poitt 3) South 10 degrees 05 minutia 01 seconds test, a durance of 18.18 fo* to a conaMe monument to to set along the rKdhem figit-of4MY.lim of Sfrnth Drive (i' .6M). thence along smith Drive, South 76 degrees 11 minutes 28. sacorw.Is West„ a diMme of. 194.72 feet to a ooncrete monument to be set at the dividing Roe bebNeen Unit 37 and Unit 39; thence abng UrAt 39, North 30 Rtes 06 n wtn 44 seconds West, a distance of 133.27 feet to an iron pin to be set e?t#he didng We bAwmien Unit 38 and Unit 37; #*n0e along Unit 36, North 66 degrees 64 minubQs 17 seconds East, a distance of 222.71 feet to an Iron pin to be sat at the &4&ng Gne between Unit 36 and Unit 37, the plow of BEGINNING. CoffAltaNG b l" acres or 31,388 square fed moro ar Wm PARCEL: c -/s-- /,A b,-). - o33 File #: 177628 ALL THAT CERTAIN parcel of land located lu the Township of Raropde 3- Con>aty of Cumberland, State of Pentesylvxnia accordance with a plan entitled "Yinat Subdivision Plan for Watts Tract", dated Angust 19, 1999 and last revised July 25, 2040- Said parcel being more fully described as follows: BEGINNING at an iron pin to be set located along the northern rigbt of way Bane of Eli= Way at the dividing line between unit 27 and unit 26 as showA on the above said plan; thence along unit 27, North 19 degrees 22 mutes 18 seconds west, a distance of 18457 feet to an iron pin to be set along the land now or foraefly of Frank & Co. nAnd a, Clante lthence along sand lauds and lands now or formerly of Pamay Development formerly of Robert. & Deborah tekberg, South 79 dcVeas 13 minutes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line between unit 25 and uz& 26; thence along wait 25 the followhig (2) two courses and distances: 1. South. 02 degrees 37 minutes 05 seconds Nest, a distance of 9436 feet to sm iron= pia to be set; 2. South 74 iron pin to be set along degrees 21 minutes S8 seconds 4. x .?, ce of 214.91 feet to an the eastern right of way Une of. a? A shown on the above said plan; thence along Eliza Way, along a carve to the left hawing a radius of 70.00 feet; a delta angle of 93 degrees 44 minutes 16 seconds, an arc length of 114.52 tee, attda toord b rans to and be s at the North 62 degrees 30 maxtutes 10 seconds West, feet, 102-17 F dividing line between unit 26 and unit 27, the place of BEGINNING. BEING as shown on the rinal Subdivision Plan of the Watts Tract prepared by D>:wood =xr?.:eering, Inc. elated August 19, 1999 (coveir sheet dated July 22, 1999), last ?mgluo .wised July 25, 2000 and recorded in Cuwberbnd County Plan Boob 81, Page 99. PARCEL: 10- lq? -0001-179 PREMISES: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS File #: 177628 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: ?Z co b 0 OD 00 00 f) so J ? 00 6 N w TJ co -n t?-7 -G O(P SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03030 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN HOME BANK NA VS CHUNG JAE HONG 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 CHUNG JAE HONG but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT CHUNG JAE HONG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 GIVEN ADDRESS IS VACANT. , NOT FOUND , as to Sheriff's Costs: Docketing Service Not Found Surcharge L/1.3/or O7, ? So answ ,x, 18.00 13.00 5.00 R. Thomas Kline 10.00 Sheriff of Cumberland County .00 46.00 PHELAN HALLINAN SCHMIEG 06/09/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-03030 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND AMERICAN HOME BANK NA VS CHUNG JAE HONG 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 CHUNG DONG NYEO but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT , CHUNG DONG NYEO , NOT FOUND , as to 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 GIVEN ADDRESS IS VACANT. Sheriff's Costs: Docketing Service Not Found Surcharge q)316r (w, 6.00 .00 5.00 10.00 J .00 21.00 So answer R. Thomas Kline Sheriff of Cumberland County PHELAN HALLINAN SCHMIEG 06/09/2008 Sworn and Subscribed to before me this day of A. D. CASE NO: 2008-03030 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN HOME BANK NA VS CHUNG JAE HONG ET AL 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 CHUNG DONG NYEO the DEFENDANT , at 1546:00 HOURS, on the 6th day of June , 2008 at 1800 ELIZA WAY LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 ,T 16.00 Sworn and Subscibed to before me this of day So Answers: R. Thomas Kline 06/09/2008 PHELAN HALLINAN SCHMIEG By: e t S i f -7, A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-03030 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN HOME BANK NA VS CHUNG JAE HONG ET AL 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 CHUNG JAE HONG the DEFENDANT at 1546:00 HOURS, on the 6th day of June , 2008 at 1800 ELIZA WAY LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 by handing to JAE HONG CHUNG, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 13.00 --? Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 29.00 06/09/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: before me this day eput er'ff of 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 AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. MOUNTVILLE, PA 17554-1500 Plaintiff, V. JAE HONG CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHU4ST HILLS MECHANICSBURG, PA 17050 DONG NYEO CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL TERM Defendant(s). PRAECIPE FOR IN M JUDGMENT FOR FAILURE TO ANSWER AND SSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in f4vor of the Plaintiff and against JAE HONG CHUNG and DONG NYEO CHUNG, Defendant(s) for failure to file an Answer to Plaintiff s 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 $991,566.20 Interest from 05/10/2008 to 8/13/08 $19,987.20 TOTAL $1,011,553.40 I hereby certify that (1) the addresses I,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, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED DATE: 8/1.5 INDICATED. P PROT Y 177628 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 AMERICAN HOME BANK : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JAE HONG CHUNG DONG NYEO CHUNG :NO. 08-3030-CIVIL TERM Defendants TO: DONG NYEO CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURT HII I S MECHANICSBURG, PA 17050 DATE OF NOTICE: JULY 25, 2008 THIS FIRM IS A DEBT COLLECTOR A EMPTING 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 YO HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE 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 B ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO OUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FOR H 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 MA OFFER LEGAL SERVICES T LIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. F11 C ERLAND COUNTY 4C LLAWY1 R REFERRAL SERVICE COPY CUMBERLAND COUNTY BAR ASSOCIATION 32 SO TH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 SICA J. ILL, Legal Assistant 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 AMERICAN HOME BANK I : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. CUMBERLAND COUNTY JAE HONG CHUNG DONG NYEO CHUNG :NO. 08-3030-CIVIL TERM Defendants TO: JAE HONG CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 FILE Cop JULY 25, 2008 DATE OF NOTICE. y THIS FIRM IS A DEBT COLLECTOR A EMPTING 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 IBE 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 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 B ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO OUR 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 AWYER, 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. CUIV. ERLAND COUNTY LAWYI R REFERRAL SERVICE M COUNTY BAR ASSOCIATION 32 SO BEDFORD STREET C ISLE, PA 17013 (800)990-9108 SSICA 104-LL, 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 1100 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. Plaintiff, v. JAE HONG CHUNG DONG NYEO CHUNG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL TERM 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 JAE HO G CHUNG is over 18 years of age and resides at, 1800 ELIZA WAY A/K/A LOT 6 PINEHURST HILLS, MECHANICSBURG, PA 17050. (c) that defendant DONG N EO CHUNG is over 18 years of age, and resides at, 1800 ELIZA WAY A/K/A LOT 6 PINEHURST HILLS, MECHANICSBURG, PA 17050. I This statement is made subjedt to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Aolll- • c?- 4 04 tT °' -? y,? 771 a c ? Y ? ) (Rule of Civil' Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL TERM JAE HONG CHUNG DONG NYEO CHUNG J6-14 19 200 X. By: Defendant(s). Notice is given that a Judgment in the above captioned matter has been entered against you on If you have any questions concerning this matter, please contact: 6,c-v j < -7) DANIEL G. SCHMIEG, ESQUI' Attorney for Plaintiff ONE PENN CENTER AT SUBURBA 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 PURPOS . 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) Pa.R.C.P. 3180-3183 AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG No. 08-3030-CIVIL TERM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $1,011,553.40 Interest from 08/14/2008-07/10/2009 $55,038.68 and Costs (per diem -$166.28) TOTAL $1,066.592.08 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 140,0 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 177628 w¢ o? W? a?z Oz oz OD o? U? ?W H? z x Uo z? x? ?o tip 0 U ? W ? 0 O? f.r it o W an o? w? v a a w NQ w ?? -o ? w s? ? co? a a F ta d ?» A4 N ? U C) f-> G? 00 b c? c- PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. vti..c.e? DANIEL G. SCHMIEG, ES UIRE Attorney for Plaintiff ? t....l 4? ? C-} "Tl - CJ? --'? (? ?? .?... , , ?w .-.... .._? tv -.i i .. - __ ?,° ?l 1W r? AMERICAN HOME BANK, N.A. V. Plaintiff, JAE HONG CHUNG DONG NYEO CHUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL TERM Defendant(s). AFFI VIT PURSUANT TO RULE 3129 AMERICAN HOME BANK, N.A. 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 ,1705 ADELINE DRIVE A/K/A LOT 37 1. Name and address of Owner(s) or reputed Owner(s): Name JAE HONG CHUNG Last Known Address (if address cannot be reasonably ascertained, please indicate) 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 DONG NYEO CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 2. Name and address of Defendant() 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) 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: None 5. Name and address of every other person who has any record lien on the property: "AL 4 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 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 &1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 Domestic Relations of Cumberland County 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 PINEHURST HILLS 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 2171 TALL OAKS LANE YORK, PA 17403-5903 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. December 3, 2008 DATE C 4-a Q DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff r-l --, "Y1 f.-wr AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG CUMBERLAND COUNTY No. 08-3030-CIVII. TERM Defendant(s). . December 1, 2008 TO: JAE HONG CHUNG DONG NYEO CHUNG 1800 ELIZA WAY 1800 ELIZA WAY A/K/A LOT 26 PINEHURSHILLS A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 MECHANICSBURG, PA 17050 "THIS FIRM IS A DEBT COLLEC OR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PU OS E. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT FFIRMED. THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT NLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on JULY 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $1,011,553.40 obtained by AMERICAN HOME BANK, N.A. (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 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. (Se notice on page two on how to obtain an attorney.) 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 prop rty is sold at the direction of the plaintiff. It may not be sold in the absence of a representative f the laintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event t at 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 r LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania accordance with a plan entitled 'Final Subdivision Plan for Watts Tract', dated August 19, 1999 and last revised July 25, 2000. Said parcel being more fully described as follows: BEGINNING at an iron pin to be set located along the northern right of way line of Eliza Way at the dividing line between unit 27 and unit 26 as shown on the above said plan; thence along unit 27, North 19 degrees 22 minutes 18 seconds West, a distance of 184.57 feet to an iron pin to be set along the land now or formerly of Frank & Donna Conte; thence along said lands and lands now or formerly of Pamay Development Co. and lands now or formerly of Robert & Deborah Lekberg, South 79 degrees 13 minutes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line between unit 25 and unit 26; thence along unit 25 the following (2) two courses and distances: 1. South 02 degrees 37 minutes 05 seconds West, a distance of 94.36 feet to an iron pin to be set; 2. South 74 degrees 21 minutes 58 seconds West, a distance of 214.91 feet to an iron pin to be set along the eastern right of way line of Eliza Way as shown on the above said plan; thence along Eliza Way, along a curve to the left having a radius of 70.00 feet, a delta angle of 93 degrees 44 minutes 16 seconds, an arc length of 114.52 feet, and a chord bearing and distance of North 62 degrees 30 minutes 10 seconds West, 102.17 feet, to an iron pin to be set at the dividing line between unit 26 and unit 27, the place of BEGINNING. CONTAINING 1.135 acres or 49,441 square feet more or less. Subject to all covenants and agreements of record. BEING LOT 26 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood Engineering, Inc. dated August 19, 1999 (cover sheet dated July 22, 1999), last revised July 25, 2000 and recorded in Cumberland County Plan Book 81, Page 99. UNDER AND SUBJECT to the Dec' ation of Pinehurst Hills, a Planned Community, dated September 7, 2000 and recorded September 15, 2000 in Cumberland County Recorder of Deeds Office in Misc. Book 654, Page 1002. FURTHER UNDER AND SUBJECT to restrictions, reservations, easements and conditions of record. BEING the same premises which PINEHURST HILLS, L.P. by deed dated April 15, 2005, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268, Page 3458, granted and conveyed unto V? . Lee and Rosalie H. Roland, husband and wife, Grantors herein. ALSO CONTAINING ALL THAT PARCE HAMPDEN, COUNTY OF CUMBERLAN PLANE ENTITLED "FINAL SUBDIVISIC 19TH 1999 AND LAST REVISED JULY 25 OF LAND LOCATED IN THE TOWNSHIP OF STATE OF PA IN ACCORDANCE WITH A PLAN FOR WATTS TRACT" DATED AUGUST 2000. SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING at an iron pin to be set, located along the easter right of way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown n the above said plan; thence along Adeline Drive the following three (3) courses and distances: 1) South 30 degrees 13 minutes 06 seconds east, a distance of 62.47 feet to an iron pin to be set; 2) along a curve to the right having a radius of 250.00 feet, a delta angle of 19 degrees 41 minutes 59 seconds, an arc length of 85.96 feet, and a chord bearing and distance of south 20 degrees 22 minutes 06 seconds East, 85.53 feet to a point; 3) South 10 degrees 05 minutes 01 seconds Eas a distance of 18.18 feet to a concrete monument to be set along the northern right-of-way line of Smith Drive(T-600); thence along Smith Drive, South 76 Degrees 11 minutes 28 seconds west, a distance of 194.72 feet to a concrete monument to be set at the dividing line between Unit 37 and Unit 39; thence along Unit 39, North 36 degrees 08 minutes 44 seconds west, a distance of 133.27 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37; thence along unit 36, north 65 degrees 54 minutes 17 seconds east, a distance of 222.71 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37, the place of BEGINNING. Containing 0.721 acres or 31,388 square feet more or less. Being LOT 37- BEING THE SAME PREMISES VESTED IN Jae Hong Chung and Dong Nyeo Chung, h/w, by Deed from W. Lee Roland and Rosalie H. Roland, h/w, dated 06/08/2006, recorded 06/13/2006, in Deed Book 275, page 619. PREMISES BEING: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 & 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 PARCEL NO. 10-14-0842-179 10-15-1282-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3030 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s) From JAE HONG CHUNG and DONG NYEO CHUNG (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 $1,011,553.40 L.L. $.50 Interest from 8/14/08 - 7/10/09 (per diem - $166.28) -- $55,038.68 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $231.00 Other Costs Plaintiff Paid i; Date: !M4/081 urtis R. L othon ary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE CUMBERLAND COUNTY PLAINTIFF AMERICAN HOME BANK, N.A. No. 08-3030-CIVIL. TERM DEFENDANT(S) JAE HONG CHUNG DONG NYEO CHUNG ACCT. #177628 SERVE DONG NYEO CHUNG AT: Type of Action 1800 ELIZA WAY - Notice of Sheriffs Sale AXIA LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 Sale Date: JULY 10, 2009 SERVED Served and made known to bQ1J6 N YE6 Ct+uN G Defendant, on the 3 I ST day of WCF.,, SW- , 2003, at / = 30 . o'clock -.m., at I F00 E Ll zA WAI , /U Fc.*-u (e_S 3vk.&_ , 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 Y6 AN6 CI1MN, 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). I N - I-Aw 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 ?S Height s Weight Race -a Sex F Other I, D MD (-j- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this I st day of -DEC F4%b 9f, 200 Notary: By: P ASE A EMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE 74EODORE 3 • HARRIS ATTEMPTED. NpTARY PUBLIC NOT SERVED On the STATE OF NEWRES 1012512012 MY cc , 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 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 41 ,?;?3 l Z L ? ?.?? ca ' ??, s5. -??' <?. ; AFFIDAVIT OF SERVICE PLAINTIFF AMERICAN HOME BANK, N.A. DEFENDANT(S) JAE HONG CHUNG DONG NYEO CHUNG SERVE JAE HONG CHUNG AT: 1800 ELIZA WAY A/K!A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 SERVED CUMBERLAND COUNTY No. 08-3030-CPAL TERM ACCT. #177628 Type of Action - Notice of Sheriffs Sale Sale Date: JULY 10, 2009 Served and made known to I -A N 6 `' O OU G Defendant on the 31 51? da of WCM13 200& ' , y at I:30 o'clock -P.m., at 1?00 RLIZA WAy t MEC4-AmlC.:CgQP_6- Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. V_Adult family member with whom Defendant(s) reside(s). Name and Relationship is WAN yDUKb C'ir aw . A4614eQ 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 ?a S Height ? . ' Weight 164D Race 4 Sex F Other I, 'RoN/V 1n 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. Sworn to and subscribed before me this 31 st day of D6c4,,KA 2002. Notary: By: PL SE ATT T SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEOI)ORE J- RIS NOT SERVED PUBLIC E. 11@1-2517012 , 200_, at o'clock _.m., Defendant NOT FOUND because: EY IY COMMISSION d EXPI Unknown No Answer Vacant 1st Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of .200_. Notary: 2*d Attempt: Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 X31 rr'r: W ?y a c > = P AFFIDAVIT OF SERVICE PLAINTIFF AMERICAN HOME BANK, N.A. DEFENDANT(S) JAE HONG CHUNG DONG NYEO CHUNG SERVE JAE HONG CHUNG AT: 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-3030-CIVIL TERM ACCT. #177628 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 T SERVED Served and made known to ?i _ ke 4 w 6, (20y N 6r Defendant, on the s r day of W AM SEA ,200at 3d , o'clock ?_.m., at (T66 SQU W,4*/ 1kFcm±iw_s8v2& , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served, n -LAdult family member with whom Defendant(s) reside(s). Name and Relationship is IRAN ?OGtNb ` "WAI , AADTO-CA 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 _[LS Height G% Weight 140 Race ? Sex _E_ Other ._ .. I, _FkMA14&6 LL a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this .9 1 St day of DI:c.F.*BX-R, 200,E Nota? By. ASE ATTE SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. HARRIS NOT SERVED THEODORE .1• On the NOTA Y P BLIC Y , 200. at o'clock in., Defendant NOT FOUND because: STATE S 1012512012 _ wt-e SIGN nknown No Answer Vacant 1" Attempt: Time: tad 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 200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 l z ?? na acs AFFIDAVIT OF SERVICE PLAINTIFF AMERICAN HOME BANK, N.A. DEFENDANT(S) JAE HONG CHUNG DONG NYEO CHUNG SERVE DONG NYEO CHUNG AT: 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 SERVED CUMBERLAND COUNTY No. 08-3030-CIVIL TERM ACCT. #177628 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 10, 2009 Served and made known to N AIA N yEO ?41 fdN tr Defendant, on the 31 S'r day of bEC£ U-A , 200X at I ' 540 o'clock t Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. ? Adult family member with whom Defendant(s) reside(s). Name and Relationship is** m \169w- TON p Adult in charge of Defendant(s)'s residence who refused to give name or relationship. -rF - 1 Al . LAW 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 OV S Height _5 Weight 160 Race A Sex F Other I, MA-CA LA- a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this 1 Sr day of TJ !: Aft (N BAR. 200 No By: EAS ATTEMPT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE THEODORE J. HARRIS ATTEMPTED. NOTARY PUBLIC NOT SERVED STATE OF NEW OJERSEY 513012 Wp6j MMISSION W , 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 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 n ?!r7 ? -r? , ?' . ? r- ?? ??? ? W ? ? :?? ? * ;? ?. c.: y? ° csa PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County JAE HONG CHUNG DONG NYEO CHUNG No. 08-3030-CIVIL TERM Defendants PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 13, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on August 15, 2008 in the amount of $1,011,553.40. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on June 10, 2009. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $950,000.00 Interest Through June 10, 2009 $125,556.08 Per Diem $208.22 Late Charges $6,371.52 Legal fees $1,675.00 Cost of Suit and Title $1,434.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $4,750.00 TOTAL $1,089,786.60 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiffs attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 2, 2009 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: Zl ° ' By:? Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County JAE HONG CHUNG DONG NYEO CHUNG No. 08-3030-CIVIL TERM Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE JAE HONG CHUNG and DONG NYEO CHUNG executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 1705 ADELINE DRIVE & 1800 ELIZA WAY, MECHANICSBURG, PA 17050. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriff s Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 4e,1, z l °S Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" 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 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 177628 AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. MOUNTVILLE, PA 17554-1500 Plaintiff v. " . JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY n N O ter;; ? ±T-{ -- 7< L% C z c? r -:7 0- n - 00 -c ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. OS WW Civi I-Wm CUMBERLAND COUNTY ATTO NIE? ' l zi COPY PLEASE RETURN A/K/A LOT 26 PINEHURST HILLS, We hereby certify the MECHANICSBURG, PA 17050 within to be a true and Defendants COrrem - ufjY aria"nal tit tt the CIVIL ACTION - LAWr COMPLAINT IN MORTGAGE FORECLOSURE 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 #: 177628 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS File k: 177628 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 6TIGATION 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 #: 177628 1. Plaintiff is AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. MOUNTVILLE, PA 17554-1500 2. The name(s) and last known address(es) of the Defendant(s) are: JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 06/08/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1954, Page 3312. 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 12/01/2007 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 #: 177628 6. The following amounts are due on the mortgage: Principal Balance $950,000.00 Interest $39,766.20 11/01/2007 through 05/09/2008 (Per Diem $208.20) Attorney's Fees $1,250.00 Cumulative Late Charges $550.00 06/08/2006 to 05/09/2008 Cost of Suit and Title Search 0.00 Subtotal $991,566.20 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $991,566.20 7. 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage'Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 177628 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 $991,566.20, together with interest from 05/09/2008 at the rate of $208.20 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 / • LAWRENCE T. PHELAN, ESQUIRE LKA-NCIS 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 #: 177628 LEGAL DESCRIPTION DESCFi MXM of a parcel of lend tooted in Qw *rmrvft of H mpdam 00" of Cmito laird, Md b of Ponnsy raft in soovvenc a with a plan end6ed I -W &6divisian Ptah for 1 ftb T.r*W. datt:d August 19, IM ks+t revised duly 25,20M. SWd.parllml being irons: Melly deecxiW as fdlowx BEGiIiiNING at an imn pin to be set, loaded al OM the e8*Um dai t-oaf-ray tine of Adelne Odd at the.c>Ividnig line between Unit 36 and'Unit 37 as shown on thtr awwe s*id plan; the om =3M a fdlawing tt?ie (3) oorx? and distanam-1) South 30 degrees Cast, a r of 6647 feet to an iron pin to be set: 2) akM a c ume to the right having a rrati n of 250M foot, a dell angle of 19 degrees 41 minutes 59 somnda,-on arc to ath of 85.98 feet, and a deord bung and distance of South 20 degrees 22 minutes 06 second* East 85.53 feet, to a pokt 3) South 10 degrees 05 rntnut m 01 aetfds East, a dbanoe of 18.1 a feet to a vorxmAe monument to be set along the northern right-of4lay -Tme of Sn*h Drive (r -SlWy. t wAm along Smith Drive, South T6 degrees 11 minutes 28 sdoonds West, a drstarm of. 194.72 feet to a wncrate m? to be set at the dMft Ina between Unit 37 and unit 39; theme along Unit 39, With 38 degrees 08 mewtn 44 mmx-4a West a diritance of 133.27 feet to an iron ph to be ad at:fit dvidbV the betanaert Unit 35 and Unit 37; thence along Unit 36, North 05-4e0raes 54 tttiwas 17 seconds East, a dunce of 222.71 fleet to an Iron pin to be set at the did hm Cme bef men Unit 36:and Unit $7, the puce of BEGfNNING. C0NTA0*NCwb : acres or 31,388 sgc:lelre fed more or loss. PARCEL: I G -/5 = is 8 3- - 0.33 File 10: 177628 ALL THAT CERTAIN parcel of land )orated xa the Township of Hanpdeu, County of Cumberlend, State of PennsylvXnla? accordance with a plan entitled "Final Subdivision )Flap for Watts Tract" ; dated August 19, 1999 and last revised July 25, 2000. Saud parcel being more fully desexibed as follows: BEGiNMNG at an iron pin to be set located along the northern right of way Use of EILU Way at the dividing line between unit 27 and atilt 26 as slao:rau on the above sand plan; thence along unit 27, North 19 degrees 22 xal autes 18 seconds West, a distance of 184.57 feet to an iron pin to be set along the land now or formerly of Rmuk &t Donna Conte; thence along said lauds and lands now or fformertp of PAmay Development Co. and lauds v*w of formerly of Robert. & Deborah Lekberg, South 79 dqrta 13 xamites 23 seconds East, a distance, of 369.64 feet to an Iran pin to be set at the divlding line between unit 25 and nglt 26; thence along unit 25 the followfug (2) two courses and distances: 1. Son& 02 degrees 37 minutes 05 seconds Nest, a distance of 9436 feast to xxx hou pin to be ,set; 2. South 74 degrees 21 w1nutes S8 seeo>ads W .tt ,ce of 214.91 feet to an iron pin to be set along the eastern right of way We of . - shown on the above said FAA Way, along a carve to the left a radlas of 70.00 f pn thence* having eet: at delta eagle of 93 degrees 44 minutes 16 seconds, an arc length of 11452 feet, and 1t chord bearing and distance of North 62 degrees 30 w sautes 10 secoluds West, UM17 feet, to in iron pin to be set at the dividing One between unit 26 and unit 27, the place of BEGINNING. BEING-ft. as shown on the Final Subdivision Plain of the Watts Tract prepared by A><woo I Xi Bering, Inc. dated August 19, 1999 (cover sheet dated July 22, 1999), last -revised July 25, 2000 *ad recorded In CuxWmrbnd County Flan Boost 81, page 99. PARCEL: 10-144- p $z/a1--1' 9 PREMISES: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS File #: 177628 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that. Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. Attorney for Plaintiff DATE: "f2 ? _: ? Exhibit "B" ?HELAN 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 AMERICAN HOME BANK, N.A. 3840 HEMPLAND RD. CUMBERLAND ?Ai?T'f'Y MOUNTVILLE, PA 17554-1500 COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. NO. 08-3030-CIVIL TERM JAE HONG CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 cn ? O? p DONG NYEO CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURST ° c ? ? _ ., c7 rn HELLS v MECHANICSBURG PA 17050 Defendant(s). :a o PRAECIPE FOR IN REM JUDGMENT FOR FAILURE IT CA) -:7 ANSWER AND ASSESSMENT OF DAMAGES Cn -c TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against JAE HONG CHUNG and DONG NYEO CHUNG. 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 $991,566.20 Interest from 05/10/2008 to 8/13/08 $19,987.20 TOTAL $1,011,553.40 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. Az" DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 177628 P PROT Exhibit "C" 3 ' Z? 0 0 a? W o x ? up U a a a O ^a L C ? C E^C? zdo ao A ? U v , O G O E ° 'y v Gov oo G? x `tl E ? E m oad Q3I1b W ?0 66 l 30oo dIZ w N 6002 ZO ddd O l08 at7o00 Z0 2 a WL ; QOZ"ZO $ E W o ° 0 0 G d ®_ ? S7M09 A3Nll -1 AWWWWA .?. ? v t -7 . ? ? V T 4 E ? X E N? ??? r W K ro N N E W E Q, N = No 'o ?, F °• o°'n t0 FBI . . C ? V N? ; €o W ° . g p U C N W O _ v v ° 7 ?°o E E W ? o E :a a E x ? ? 3 z ? ? R En, - a w ? ? goo v o0 w d 'b o kn o ° 0o r ,.., m C7 V a Q ? ? V a o U U A wii A'' ? ? W U a a z zz ?? E O in O W o a W d a? gip' cl za z F z~ z? o0 C) 0 ? z ? z W W ?? W ;3 a H C N N Z n `v v ? . E . z U r 1 -? N cn ?t ?n ?O r oo C? o N cn -° a I;L ZI VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. / Phelan Hallinan & Schmieg, LLP DATE: By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. Plaintiff Court of Common Pleas Civil Division V. JAE HONG CHUNG DONG NYEO CHUNG Defendants CUMBERLAND County No. 08-3030-CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. JAE HONG CHUNG DONG NYEO CHUNG 1800 ELIZA WAY MECHANICSBURG, PA 17050 DATE: 41 ° `1 JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE & 1800 ELIZA WAY MECHANICSBURG, PA 17050 Phelan Hallinan & Schmieg, LLP By: MicheleM. Bradford, Esquire Attorney for Plaintiff rfLLLZ OF THE FRfD7. '?,ANOTARY 2009 APR 13 AM 9: 38 r r ? `-. t APR 14 2009,7 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME BANK, N.A. Court of Common Pleas Plaintiff Civil Division V. : CUMBERLAND County JAE HONG CHUNG DONG NYEO CHUNG Defendants ORDER No. 08-3030-CIVIL TERM AND NOW, this /S` day of 2009 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $950,000.00 Interest Through June 10, 2009 $125,556.08 Per Diem $208.22 Late Charges $6,371.52 Legal fees $1,675.00 Cost of Suit and Title $1,434.00 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium 1 $0.00 Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $0.00 ($0.00) $4,750.00 $1,089,786.60 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE, COURT A J. ichele M. Bradford, Esquire Aelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com /A' E HONG CHUNG DONG NYEO CHUNG 1800 ELIZA WAY MECHANICSBURG, PA 17050 , d'AE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE & 1800 ELIZA WAY MECHANICSBURG, PA 17050 177628 4 < } ?_ u? . ?• y -.G { ,,,,_ :, ? .-- i?,. ? : ?, ?.? 1 ? A ? ? iS3 W Y "S tIL i . ' ?^ 4. t . ?- - re ? ? . y , ? . f\\\ `..._S In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3030 Civil Term American Home Bank, N.A. Vs Jae Hong Chung and Dong Nyeo Chung Shawn. Harrison, Deputy Sheriff, who being duly sworn according to law, states that on January 31, 2009 at 1103 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: Jae Hong Chung and Dong Nyeo Chung, by making known unto Han Young Choon, mother in law and as Adult in Charge, at, 1800 Eliza Way, a/k/a Lot 26, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0920 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property Jae Hong Chung and Dong Nyeo Chung, located at, 1705 Adeline Dr, a/k/a Lot 37, Pinehurst Hills, Mechanicsburg, Cumberland County, Pennsylvania according to law. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0917 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property Jae Hong Chung and Dong Nyeo Chung, located at, 1800 Eliza Way, a/k/a Lot 26, Pinehurst Hills, 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: Jae Hong Chung and Dong Nyeo Chung, by regular mail to their last known address of 1800 Eliza Way, a/k/a Lot 26, Pinehurst Hills, Mechanicsburg, PA 17050. These letters were mailed under the date of April 1, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according; to law, states that this writ is returned STAYED. Sheriff s Costs: Docketing 30.00 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Milage; 21.60 Levy 30.00 Surcharge 40.00 Law Journal 911.00 Patriot News Share of Bills So Answers, R. Thomas Kline She e By JO -•?- Real Estate Coordinator 662.62 15.59 1773.31 h.? J 7 .y i iii • =1 ? -7/ c?C? ? a • AMIvRA'AN HOME BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG Defendant(s). AMERICAN HOME BANK, N.A., 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,1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 &,1800 ELIZA WAY A/K/A LOT 26 AFFIDAVIT PURSUANT TO RULE 3129.1 PINEHURST HILLS, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name JAE HONG CHUNG DONG NVEO CHUNG COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL TERM Last Known Address (if address cannot be reasonably ascertained, please indicate) 1800 ELIZA WAY' A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS 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 addres$ 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 1705 ADELINE, DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 &1800 ELIZA WAY AWA LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 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 PINEHURST HILLS 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 2171 TALL OAKS LANE YORK, PA 17403-5903 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. December 3, 2008 DATE r)-,-,, 0 '-0 DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG Defendant(s). CUMBERLAND COUNTY No. 08-3030-CIVIL TERM December 1, 2008 TO: JAE HONG CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 DONG NYEO CHUNG 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 *'"THIS FIRM IS A DEBT COLLECTOR ATTEMP77NG TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS ANrCcurruC-_ PA 17tK0 &_ 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050, is scheduled to be sold at the Sheriffs Sale on.Tl.[ hI0, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $1,011,553.40 obtained by AMERICAN HOME BANK, N.A. (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. LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, State: of Pennsylvania accordance with a plan entitled 'Final Subdivision Plan for Watts Tract', dated August 19, 1999 and last revised July 25, 2000. Said parcel being; more fully described as follows: BEGINNING at an iron pin to be set located along the northern right of way line of Eliza Way at the dividing line between unit 27 and unit 26 as shown on the above said plan; thence along unit 27, North 19 degrees 22 minutes 18 seconds West, a distance of 184.57 feet to an iron pin to be set along the land now or formerly of Frank & Donna Conte; thence along said lands and lands now or formerly of Pamay Development Co. and lands now or formerly of Robert& Deborah Lekberg, South 79 degrees 13 minutes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line between unit 25 and unit 26; thence along unit 25 the following (2) two courses and distances: 1. South 02 degrees 37 minutes 05 seconds West, a distance of 94.36 feet to an iron pin to be set; 2. South 74 degrees 21 minutes 58 seconds West, a distance of 214.91 feet to an iron pin to be set along the eastern right of way line of Eliza Way as shown on the above said plan; thence along Eliza Way, along a curve to the left having a radius of 70.00 feet, a delta angle; of 93 degrees 44 minutes 16 seconds, an arc length of 114.52 feet, and a chord bearing and distance of North 62 degrees 30 minutes 10 seconds West, 102.17 feet, to an iron pin to be set at the dividing line between unit 26 and unit 27, the place of BEGINNING. CONTAINING 1.135 acres or 49,441 square feet more or less. Subject to all covenants and agreements of record. BEING LOT 26 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood Engineering, Inc. dated August 19, 1999 (cover sheet dated July 22, 11999), last revised July 25, 2000 and recorded in Cumberland County Plan Book 81, Page 99. UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated September 7, 2000 and recorded September 15, 2000 in Cumberland County Recorder of Deeds Office in Misc. Book 654, Page 1002. FURTHER UNDER AND SUBJECT to restrictions, reservations, easements and conditions of record. BEING the same premises which PINEHURST HILLS, L.P. by deed dated April 15, 2005, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 268, Page 3458, granted and conveyed unto W. Lee and Rosalie H. Roland, husband and wife, Grantors herein. ALSO CONTAINING ALL THAT PARCEL OF LAND LOCATED IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND STATE OF PA IN ACCORDANCE WITH A PLANE ENTITLED "FINAL SUBDIVISION PLAN FOR WATTS TRACT" DATED AUGUST 19TH 1999 AND LAST REVISED JULY 25 TH 2000. SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING at an iron pin to be set, located along the easter right of way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown n the above said plan; thence along Adeline Drive the following three (3) courses and distances: 1) South 30 degrees 13 minutes 06 seconds east, a distance of 62.47 feet to an iron pin to be set; 2) along a curve to the right having a radius of 250.00 feet, a delta angle of 19 degrees 41 minutes 59 seconds, an arc length of 85.96 feet, and a chord bearing and distance of south 20 degrees 22 minutes 06 seconds East, 85.53 feet to a point; 3) South 10 degrees 05 minutes 01 seconds East, a distance of 18.18 feet to a concrete monument to be set along the northern right-of-way line of Smith Drive(T-600); thence along Smith Drive, South 76 Degrees 11 minutes 28 seconds west, a distance of 194.72 feet to a concrete monument to be set at the dividing line between Unit 37 and Unit 39; thence along Unit 39, North 36 degrees 08 minutes 44 seconds west, a distance of 133.27 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37; thence along unit 36, north 65 degrees 54 minutes 17 seconds east, a distance of 222.71 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37, the place of BEGINNING. Containing 0.721 acres or 31,388 square feet more or less. Being LOT 37- BEING THE SAME PREMISES VESTED IN Jae Hong Chung and Dong Nyeo Chung, h/w, by Deed from W. Lee Roland and Rosalie H. Roland, h/w, dated 06/08/2006, recorded 06/13/2006, in Deed Book 275, page 619. PREMISES BEING: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 & 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 PARCEL NO. 1044-0842-179 10-15-1282-033 WRIT OF EXECUTION and/or ATTACHMENT CON' MONWEALTH OF PENNSYLVANIA) NO 08-3030 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s) From JAE HONG CHUNG and DONG NYEO CHUNG (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 $1,011,553.40 L.L. $.50 Interest from 8/14/08 - 7/10/09 (per diem - $166.28) -- $55,038.68 and Costs Atty's Comm %> Due Prothy $2.00 Atty Paid S231.00 Other Costs Plaintiff Paid Date: 12/04/08 (Seal) Curtis R. L ig, Prothono ry By: Deputy REQUESTING PARTY: Nan-x- DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG LLP ONE PENN CENTER, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF 1'elephone:215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 01 On January 14, 2009 the Sheriff levied upon the defendant's interest in the real property .situated M, Hampden Township, Cumberland County, PA. Known and numbered as 1705 Adeline Drive, Ai It/ °1,. Lot 37, Pinehurst Hills, Mechanicsburg, and 1800 Eiizii W i.-t?, A/K/A Lot 26, Pinehurst Hills, Mechanicsburg, mork-, : ii I r` described on Exhibit "A" filed with this writ and by incorporated herein. Date: January 14, 2009 /j f(?4'i1. ?;y eThe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f Patr1*0t'WXtW5 Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05/01/09 05/08/09 Sworn to al?d scribed biefore me this 12 day of May, 2009 A.D. Notary Public COMMONWrzALTW OF PitNNSYLVANIA ^Ink?ris4 Seal sham L. + neon, Notary PubW City C$ Wen*burg, 0auphin Courdy My Commission Ekyrires Nov. 26, 2011 Member, Pennsylvania Association of Notarfas Real Estate Sale No.1 Writ No. 2008.3090 Civil Term American Home Bank, N.A 6rr„Y(, the ,a,t,? sett„ , .,ructt rt vt r, VS IMLS, L.P, by deed dated April !5 31)05 «r; Jae Hong Chung and , , ecotded in the Office of the Recorder of Dee;,: DOng Nyeo Chung in and for Cumberland County in Deed Bo()i r. Attorney Daniel G. SChmleg 268. Page 3458, granted and conveyed unto 1t' Lee and Rosalie H. Roland. husband and wife LEGAL DESCRIPTION Grantors herein. ALSO CONTAINING ALL THAT PARCEL t) ALL THAT CERTAIN parcel of land located in LAND LOCATED IN THE TOWNSHIP 01 the Township of Hampden, County of HAMPDEN, COUNTY OF CUMBERLANL Cumberland, State of Pennsylvania accordance STATE OF PA IN ACCORDANCE WITH '• with a plan entitled 'Final Subdivision Plan for PLANE ENTITLED "FINAL SUBDIVISKI Watts Tract', dated August 19, 1999 and last PLAN FOR WATTS TRACT' DATES revised July 25, 2000. Said parcel being more AUGUST 19TH 1999 AND LAST RFVISEP fully described as follows: JULY 25TH 2000. BEGINNING at an iron pin to be set located SAID PARCEL BEING MORE Ft , along the northern right of way line of Eliza DESCRIBEDASFOLLOWs, Way at the dividing line between unit 27 and BEGINNING at an iron pit, tcs be set. ,, , ; unit 26 as shown on the above said plan; thence along the easter right of way line of Acts,:. along unit 27, North 19 degrees 22, minutes 18 Drive at the dividing line between Unit 36 a,• ' seconds West, a distance of 184.57 feet to an Unit 37 as shown n the above said plan: them, iron pin to be set along the land now or formerly along Adeline Drive the following three C? of Frank & Donna Conte; thence along said courses and distances: 1) South 30 degrees 1, lands and lands now or formerly of Pamay minutes 06 seconds east, it distance of 62.47 #e<: Development Co. and lands now or formerly of to an iron pin to be set; 2) along a curve to the Robert & Deborah Lekberg, South 79 degrees right having a radius of 250.00 feet, a delt<, 13 minutes 23 seconds Bast, a distance of angle of 19 degrees 41 minutes 59 seconds, ar 369.64 feet to an iron pin to be set at the arc length of 85.96 feet, and a chard bearing and dividing line between unit 25 and unit 26; thence distance of south 20 degrees j2 minutes 06 along unit 25 the Following (2) two courses and sewnds East: 85.59 feet to a point: 3) South li) distances: 1. South 02 degrees 37 minutes 05 degrees 05 minutes Ol seconds East a disfanu. seconds West a distance of 94.36 feet to an iron Of 18.18 feet to a concrete monument to be set pin to be set; 2. South 74 degrees 21 minutes 58 along the northern right-of-way line of Smiln seconds West, a distance of 214.91 feet to an Drive(T-600); thence along.: Smith Drive, South iron pin to be set along the eastern right of way 76 Degrees 11 minutes 28 seconds west, line of Eliza Way as shown on the above said distance of 194.72 feet to a concrete monument plan; thence along Eliza Way, along a curve to to be set at the dividing line between Unit 37, the left having a radius of 70.00 feet, a delta and Unit 39; thence along Unit 39; North 36 angle of 93 degrees 44 minutes 16 seconds, an degrees 08 minutes 44 seconds west, a distance arc length of 114.52 feet, and a chord beating of 133.27 feet to an iron pin to be set at the and distance of North 62 degrees 30 minutes 10 dividing line between Unit 36 and Unit 37: seconds West, 102.17 feet, to an iron pin to be thence along unit 36, north' 65 degrees 54 set at the dividing line between unit 26 and unit minutes 17 seconds east, a distance of 222.74 27, the place of BEGINNING, feet to an iron pin to be set at the dividing line CONTAINING 1.135 acres or 49,441 square between Unit 36 and Unit 37, the place of feet more or less. BEGINNING. Subject to all covenants and agreements of Containing 0.721 acres or 31.388 square fee record, more or less. BEING LOT 26 as shown on the Final Being LOT 37- Subdivision Plan of the Watts Tract prepared by BEING THE SAME PREMISES VESTED 1` Dawood Engineering, Inc. dated August 19, Jae Hong Chung and Dong Nveo Chung, h/?, 1999 (cover sheet dated July 22, 1999), last by Deed from W. Lee Roland and Rosalie Fi revised July 25, 2000 and recorded in Wand, h/w, dated 06/08/2006, recorded 06/13 Cumberland County Plan Book 81, Page 99. 2006, in Deed Book 275, page 619. UNDER AND SUBJECT to the Declaration of PREMISES BEING: 1705 ADELINE DRIYt: Pinehurst Hills, a Planned Community, dated A!K/A LOT 37 PINEHURST HILL`: September?, 2000 and recorded September 15, MECHANICSBURG, PAI7050 & 1800 ELIZA 2000 in Cumberland County Recorder of Deeds WAY A/KIA LOT 26 PtNEHURST HILLS. Office in Misc. Book 654, Page 1002. MECHANMURG, PA 17" FURTHER UNDER AND SUBJECT to PARCEL No. 1044.0842-174 restrictions, reservations, easements and 10-15-1282-033 conditions of record. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a. legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing .atements as to time, place and character of publication are true. e__ sa Marie Coyne Editor Vol SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 gt, REAL ESTATE SALE NO. 1 Writ No. 2008-3030 Civil American Home Bank, N.A. vs. Jae Hong Chung and Dong Nyeo Chung Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania accordance with a plan entitled `Final Subdivision Plan for Watts Tract', dated August 19, 1999 and last revised July 25, 2000. Said parcel being more fully described as follows: BEGINNING at an iron pin to be set located along the northern right of way line of Eliza Way at the dividing line between unit 27 and unit 26 as shown on the above said plan; thence along unit 27, North 19 degrees 22 minutes 18 seconds West, a distance of 184.57 feet to an iron pin to be , set along the land now or formerly of Frank & Donna Conte; thence along said lands and lands now or formerly of Pamay Development Co. and lands now or formerly of Robert & Deborah Lekberg, South 79 degrees 13 min- utes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line between unit 25 and unit 26; thence along unit 25 the fol- lowing (2) two courses and distances: 1. South 02 degrees 37 minutes 05 seconds West, a distance of 94.36 feet to an iron pin to be set; 2. South 74 degrees 21 minutes 58 seconds West, a distance of 214.91 feet to an iron pin to be set along the eastern right of way line of Eliza Way as shown on the above said plan; thence along Eliza Way, along a curve to the left having a radius of 70.00 feet, a delta angle of 93 degrees 44 minutes 16 seconds, an arc length of 114.52 feet, and a chord bearing and distance of North 62 degrees 30 minutes 10 seconds West, 102.17 feet, to an iron pin to be set at the dividing line between unit 26 and unit 27, the place of BEGINNING. CONTAINING 49,441 square feet more or less Subject to all covenants and agreements of record. BEING LOT 26 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood Engi- neering, Inc. dated August 19, 1999 (cover sheet dated July 22, 1999), last revised July 25, 2000 and re- corded in Cumberland County Plar. Book 81, Page 99. UNDER AND SUBJECT to th- Declaration of Pinehurst Hills; a Planned Community, dated Septem- ber 7, 2000 and recorded September 15, 2000 in Cumberland County Re corder of Deeds Office in Misc. Book 654, Page 1002. FURTHER UNDER AND SUBJECT to restrictions, reservations, ease- ments and conditions of record, BEING the same premises which PINEHURST HILLS, L P by deed dated April 1. 5, 2005, and recorded in the Office of the Recorder of Deeds n-, and for Cumberland County in Deed Book 268, Page 3458, granted and conveyed unto W. Lee and Rosalie H Roland, husband and wife. Grantors herein. ALSO containing ail that parcel of land located in the Township of Hampden, Countv of Cumberland State of PA in accordance with o plane entitled "Final Subdivision,; Plan for Watts Tract" dated Angus; 19th 1999 and last revised .Juh- 25th 2000. SAID PARCEL BEING iMORL FULLY DESCRIBED AS FOLLOWS: BEGINNING at an iron pin to be set, located along the easter right of way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown. n the above said plan; thence along Adeline Drive the following three (3) courses -trid distances: 1) South 30 degrees l;? minutes 06 seconds east, a distance of 62.47 feet to an iron pin to be set; 2) along a curve to the right ha,- ing a radius of 250.00 feet, a delta angle of 19 degrccs 1 1 minut° -, =4' seconds, an arc length of 85.96 feet and a chord bearing and distance of south 20 degrees 22 minute, 0t? seconds East, 85.53 feet to a point. 3) South 10 degrees 05 minutes OJ seconds East; a distance of hri z? feet to a concrete monument to be se: along the northern right-of-wav lint, of Smith Drive(T-600); thence along Smith Drive, South 76 Degrees 1 ! minutes 28 seconds west, a drstanc e of 194.72 feet to a concrete raonu ment to be set at the dividing line between Unit. 37 and Unit 39; thence along Unit 39, North 36 degrees 08 _11111, e , -i ;, ! ?7 11 iCt of 133.27 feet to an i pin to Le se 3t the dividing lip. "nit 36 and , ll3, ,.. _):- north 65 degrees 54 onds east, a dl.stanc ft*e- roan iron pin to be st 11-11, d ;fine line between Unit 36 anal ! Tiw - q- -place of BEGINNINt G'MVaininQ 0 " > <r: square feet inf , sc , Being LO'a 3 BEING THE SA; -i IIRENIiSl.:a VFSTF,f? !N ,Jae Chung and Dong Nyeo Chung by Deed from W Lee Roland a-M d Rosalie H Roland h r v , dated 0b,/08,"2006, recorded 06/ 13/2006, in Deed Book 275, page 619 PREMISES BEINti , ":3!iU,lul Drive a/k/a Lot 37 finehurst Hilts, Mechanicsburg, PA 17050 8-.. ' 800 Eliza Wav a;k ?_, i I'inehurs? Hills, Mechanicsburg, 11A 17050. PARCEL NO. 1;}-ice-0842 1"79. W-15-1282-0,32 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 b AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG No. 08-3030-CIVIL-TERM Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $1,089,786.60 Interest from 06/11/2009 - 12/09/2009 $32,603.48 (per diem -$179.14) TOTAL 1,122,390.08 ? 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 Note: Please attach description of property. 177628 H O ?,yt Wa d oW ? ? a ? ?V V OO ? ?C7 HV ? ?o O? w U b ,Q ,p '0 V q a lzz? Gy tb M C? rn ?c-o 6 !F, Z+ N`nvtio?o ?? r,..M Q?d?O?? N p O .?pN?`t.,oo N M-4 00 ?'ON O? l d 7. 7 '5 X 00 '0? U 2 O •tj '4 •+?, y m O O 6Z 6 6 ?o Qflcr•o.bdo crsoa?w': W y v c3 w W " o' ?j H ? a? ?•?????yN?w ?¢••?? oc?w co 0 0. 10.2 C4 O 4 0?? U.- P. o 0 ? yUtiU mecca C3 0 ????C:3 ? b Q a+ jz, v 3 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania accordance with a plan entitled 'Final Subdivision Plan for Watts Tract', dated August 19, 1999 and last revised July 25, 2000. Said parcel being more fully described as follows: BEGINNING at an iron pin to be set located along the northern right of way line of Eliza Way at the dividing line between unit 27 and unit 26 as shown on the above said plan; thence along unit 27, North 19 degrees 22 minutes 18 seconds West, a distance of 184.57 feet to an iron pin to be set along the land now or formerly of Frank & Donna Conte; thence along said lands and lands now or formerly of Pamay Development Co. and lands now or formerly of Robert & Deborah Lekberg, South 79 degrees 13 minutes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line between unit 25 and unit 26; thence along unit 25 the following (2) two courses and distances: 1. South 02 degrees 37 minutes 05 seconds West, a distance of 94.36 feet to an iron pin to be set; 2. South 74 degrees 21 minutes 58 seconds West, a distance of 214.91 feet to an iron pin to be set along the eastern right of way line of Eliza Way as shown on the above said plan; thence along Eliza Way, along a curve to the left having a radius of 70.00 feet, a delta angle of 93 degrees 44 minutes 16 seconds, an arc length of 114.52 feet, and a chord bearing and distance of North 62 degrees 30 minutes 10 seconds West, 102.17 feet, to an iron pin to be set at the dividing line between unit 26 and unit 27, the place of BEGINNING. CONTAINING 1.135 acres or 49,441 square feet more or less. Subject to all covenants and agreements of record. BEING LOT 26 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood Engineering, Inc, dated August 19, 1999 (cover sheet dated July 22, 1999), last revised July 25, 2000 and recorded in Cumberland County Plan Book 81, Page 99. UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated September 7, 2000 and recorded September 15, 2000 in Cumberland County Recorder of Deeds Office in Misc. Book 654, Page 1002. FURTHER UNDER AND SUBJECT to restrictions, reservations, easements and conditions of record. ALSO CONTAINING ALL THAT PARCEL OF LAND LOCATED IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND STATE OF PA IN ACCORDANCE WITH A PLANE ENTITLED "FINAL SUBDIVISION PLAN FOR WATTS TRACT" DATED AUGUST 19TH 1999 AND LAST REVISED JULY 25TH 2000. SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS BEGINNING at an iron pin to be set, located along the caster right of way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown n the above said plan; thence along Adeline Drive the following three (3) courses and distances: 1) South 30 degrees 13 minutes 06 seconds east, a distance of 62.47 feet to an iron pin to be set; 2) along a curve to the right having a radius of 250.00 feet, a delta angle of 19 degrees 41 minutes 59 seconds, an arc length of 85.96 feet, and a chord bearing and distance of south 20 degrees 22 minutes 06 seconds East, 85.53 feet to a point; 3) South 10 degrees 05 minutes 01 seconds East, a distance of 18.18 feet to a concrete monument to be set along the northern right-of-way line of Smith Drive(T-600); thence along Smith Drive, South 76 Degrees 11 minutes 28 seconds west, a distance of 194.72 feet to a concrete monument to be set at the dividing line between Unit 37 and Unit 39; thence along Unit 39, North 36 degrees 08 minutes 44 seconds west, a distance of 133.27 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37; thence along unit 36, north 65 degrees 54 minutes 17 seconds east, a distance of 222.71 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37, the place of BEGINNING. Containing 0.721 acres or 31,388 square feet more or less Being LOT 37- TITLE TO SAID PREMISES IS VESTED IN Jae Hong Chung and Dong Nyeo Chung, h/w, by Deed from W. Lee Roland and Rosalie H. Roland, h/w, dated 06/08/2006, recorded 06/13/2006, in Deed Book 275, page 619. This deed conveys Lot 26. TITLE TO SAID PREMISES IS VESTED IN W. Lee and Rosalie H. Roland, by Deed from Pinehurst Hills, L.P., dated 04/15/2005, recorded 05/03/2005, in Deed Book 268, page 3458. This deed conveys Lot 26 TITLE TO SAID PREMISES IS VESTED IN Jae Hong Chung and Dong Nyeo Chung, by Deed from Pinehurst Hills, L.P., dated 03/18/2004, recorded 03/31/2004, in Deed Book 262, page 1381. This deed conveys lot 37. PREMISES BEING: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY, MECHANICSBURG, PA 17050 PARCEL NO. 10-14-0842-179 and 10-15-1282-033 PHELAN HALLINAN & SCHMIEG, L.L.P. ONE PENN CENTER AT SUBURBAN STATION ATTORNEY FOR PLAINTIFF 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 AMERICAN HOME BANK, N.A. CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. CIVIL DIVISION JAE HONG CHUNG DONG NYEO CHUNG NO. 08-3030-CIVIL-TERM Defendant(s). CERTIFICATION The undersigned attorney, hereby verifies that he/she is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa C.S.A. §4904 relating to unsworn falsification to authorities. ? 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 ? !2ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 ALE&-t.: FtC OF THEE F "-i ar--NOTARY 2009 AUG 26 Ali 10: 4 3 AMERICAN HOME BANK, N.A. k` v. Plaintiff, JAE HONG CHUNG DONG NYEO CHUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL-TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 AMERICAN HOME BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at_1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 and 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 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) US BANK NATIONAL ASSOCIATION US BANK NATIONAL ASSOCIATION C/O: GRENEN & BIRGIC, P.C. 3425 VISION DRIVE COLUMBUS, OH 43219 ONE GATEWAY CENTER; 9TH FLOOR PITTSBURGH, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 34TH AVENUE; SUITE 101 OCALA, FL 34474 MERS AS A NOMINEE FOR AMERICAN HOME BANK, N.A. AMERICAN HOME BANK, N.A. P.O. BOX 2026 FLINT, MI 48501-2026 3840 HEMPLAND ROAD MOUNTVILLE, PA 17554 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 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY 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 MERS AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER C UNTY THROUGH AMERICAN }TOME FIRST NATIONAL BANK OF CHESTER COUNTY THROUGH AMERICAN HOME BK PINEHURST HILLS 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 P.O. BOX 2026 FLINT, MI 48501-2026 AMERICAN WAY CORPORATE CE 3840 HEMPLAND ROAD MOUNTVILLE, PA 17554 2171 TALL OAK LANE YORK, PA 17403-5903 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. August 25, 2009 DATE ?A? ? 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 L Goldman, Esq., Id. No. 205047 ? Rourtenay R. Dunn, Esq., Id. No. 206779 el Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 0F T1-'. PROT'OTAIRY 2009 A U G 26 AM IOl : L AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG Defendant(s). TO: JAE HONG CHUNG 1705 ADELINE DRIVE A/KIA LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-3030-CIVIL-TERM August 25, 2009 DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS 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 AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG PA 17050 and 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG PA 17050, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $1,089,786.60 obtained by AMERICAN HOME BANK, N.A. (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. 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-3030-CIVIL-TERM AMERICAN HOME BANK, N.A. vs. JAE HONG CHUNG DONG NYEO CHUNG Owner(s) of property situate in the, Cumberland County, Pennsylvania, being (Municipality) 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 Parcel No. 10-14-0842-179 and 10-15-1282-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $1,089,786.60 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania accordance with a plan entitled 'Final Subdivision Plan for Watts Tract', dated August 19, 1999 and last revised July 25, 2000. Said parcel being more fully described as follows: BEGINNING at an iron pin to be set located along the northern right of way line of Eliza Way at the dividing line between unit 27 and unit 26 as shown on the above said plan; thence along unit 27, North 19 degrees 22 minutes 18 seconds West, a distance of 184.57 feet to an iron pin to be set along the land now or formerly of Frank & Donna Conte; thence along said lands and lands now or formerly of Pamay Development Co. and lands now or formerly of Robert & Deborah Lekberg, South 79 degrees 13 minutes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line between unit 25 and unit 26; thence along unit 25 the following (2) two courses and distances: 1. South 02 degrees 37 minutes 05 seconds West, a distance of 94.36 feet to an iron pin to be set; 2. South 74 degrees 21 minutes 58 seconds West, a distance of 214.91 feet to an iron pin to be set along the eastern right of way line of Eliza Way as shown on the above said plan; thence along Eliza Way, along a curve to the left having a radius of 70.00 feet, a delta angle of 93 degrees 44 minutes 16 seconds, an arc length of 114.52 feet, and a chord bearing and distance of North 62 degrees 30 minutes 10 seconds West, 102.17 feet, to an iron pin to be set at the dividing line between unit 26 and unit 27, the place of BEGINNING. CONTAINING 1.135 acres or 49,441 square feet more or less. Subject to all covenants and agreements of record. BEING LOT 26 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood Engineering, Inc. dated August 19, 1999 (cover sheet dated July 22, 1999), last revised July 25, 2000 and recorded in Cumberland County Plan Book 81, Page 99. UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated September 7, 2000 and recorded September 15, 2000 in Cumberland County Recorder of Deeds Office in Misc. Book 654, Page 1002. FURTHER UNDER AND SUBJECT to restrictions, reservations, easements and conditions of record. ALSO CONTAINING ALL THAT PARCEL OF LAND LOCATED IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND STATE OF PA IN ACCORDANCE WITH A PLANE ENTITLED "FINAL SUBDIVISION PLAN FOR WATTS TRACT" DATED AUGUST 19TH 1999 AND LAST REVISED JULY 25TH 2000. SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS: BEGINNING at an iron pin to be set, located along the easter right of way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown n the above said plan; thence along Adeline Drive the following three (3) courses and distances: 1) South 30 degrees 13 minutes 06 seconds east, a distance of 62.47 feet to an iron pin to be set; 2) along a curve to the right having a radius of 250.00 feet, a delta angle of 19 degrees 41 minutes 59 seconds, an arc length of 85.96 feet, and a chord bearing and distance of south 20 degrees 22 minutes 06 seconds East, 85.53 feet to a point; 3) South 10 degrees 05 minutes 01 seconds East, a distance of 18.18 feet to a concrete monument to be set along the northern right-of-way line of Smith Drive(T-600); thence along Smith Drive, South 76 Degrees I 1 minutes 28 seconds west, a distance of 194.72 feet to a concrete monument to be set at the dividing line between Unit 37 and Unit 39; thence along Unit 39, North 36 degrees 08 minutes 44 seconds west, a distance of 133.27 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37; thence along unit 36, north 65 degrees 54 minutes 17 seconds east, a distance of 222.71 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37, the place of BEGINNING. Containing 0.721 acres or 31,388 square feet more or less. Being LOT 37- TITLE TO SAID PREMISES IS VESTED IN Jae Hong Chung and Dong Nyeo Chung, h/w, by Deed from W. Lee Roland and Rosalie H. Roland, h/w, dated 06/08/2006, recorded 06/13/2006, in Deed Book 275, page 619. This deed conveys Lot 26. TITLE TO SAID PREMISES IS VESTED IN W. Lee and Rosalie H. Roland, by Deed from Pinehurst Hills, L.P., dated 04/15/2005, recorded 05/03/2005, in Deed Book 268, page 3458. This deed conveys Lot 26 TITLE TO SAID PREMISES IS VESTED IN Jae Hong Chung and Dong Nyeo Chung, by Deed from Pinehurst Hills, L.P., dated 03/18/2004, recorded 03/31/2004, in Deed Book 262, page 1381. This deed conveys lot 37. PREMISES BEING: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY, MECHANICSBURG, PA 17050 PARCEL NO. 10-14-0842-179 and 10-15-1282-033 F1LEID- Cii- CE C'N"OTARY 2009 Ai?G 26 Aft 10: 4 3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-3030 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s) From JAE HONG CHUNG AND DONG NYEO CHUNG (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$1,089,786.60 L.L., Interest FROM 6/11/2009 -12/09/2009 (PER DIEM - $179.14) - $32,603.48 Atty's Comm % Atty Paid 2,025.81 Plaintiff Paid Date: AUGUST 26, 2009 (Seal) REQUESTING PARTY: Deputy Name ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHNIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 208375 4Ci Long, P on ry i Due Prothy $2.00 Other Costs By: AFFIDAVIT OF SERVICE PLAINTIFF AMERICAN HOME BANK, N.A. DEFENDANT(S) JAE HONG CHUNG DONG NYEO CHUNG SERVE DONG NYEO CHUNG AT: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-3030-CIVIIrTERM PHS #177628 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 9, 2009 /? SERVED _ L Served and made known to I>M(br NgSo `.f?'ttN& , Defendant, on the day of -se-1 , 20(fl, at -I' , 0-7 , o'clock ?L.m., at I $a0 EW t4 W-41 ) M SC-?* I CS Pj'JZCr , 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 405 Height I ' Weight Z) Race Sex E_ Other I, IW1*t.a 446 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. Sworn to and subscribed I-?MBEERLY CURTY before me this day NOTARY PUBLIC MAR ERSEY of rh F 2 9. C3'3?L STATE OF NEW JERSEY No G By: 4Y COMMISSION FX?IRE MARCH 7, 2013 PLE TTE PT SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of . 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1st Attempt: Time: 2nd Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day PHELAN HALLINAN & SCHMIEG, L.L.P. of 1200_. One Penn Center at Suburban Station, Suite 1400 Notary: By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 ALED-OFACE OF THE PROWNOTARY 2009 OCT -1 PM 2: OO VVIY+ C.. ?tl.I'fi Y? cuUNIY PENWILVANiA AFFIDAVIT OF SERVICE PLAINTIFF AMERICAN HOME BANK, N.A. DEFENDANT(S) JAE HONG CHUNG DONG NYEO CHUNG SERVE JAE HONG CHUNG AT: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-3030-CIVIL-TERM PUS #177628 Type of Action - Notice of Sheriffs Sale Sale Date: DECEMBER 9, 2009 SERVED p Served and made known to k 4w, 6 Cwi q 6- . Defendant, on the day of&fM ?b 200t at l O' , o'clock p .m, at 1U EUZA WAy /I/l&A*VICSBIIX - . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. 411 Adult family member with whom Defendant(s) reside(s). Name and Relationship is DolU6 Ny¢0 . (- 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: t * Pr 'P Description: Age S Height -5Weight 36 Race Sex Other I, a &&I.15 6 LL a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed KIMBERLY Ct)RTY before me this 'Z" day NOTARY PUBLIC of '5"muA STATE OF NEW JERSEY Nota By: Y COMMISSION EXPIRES MARCH 7, 2013 PLE SERVICE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. NOT SERVED On the day of 200. at Moved Unknown No Answer ist Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of , 200. Notary: o'clock _.m., Defendant NOT FOUND because: Vacant 2°d Attempt: / / -Time: Attornev for Plaintiff PHELAN HALLINAN & SCHMIEG, L.L.P. One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 V;Q RLED-CfRCE OF THE PPCNCNOTARY 2009 OCT -7 PM 2: 01 PEMSUWA Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Fax 215-568-7616 KINYON LANIER Legal Assistant Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey No. 08-3030-CIVIL TERM Re: AMERICAN HOME BANK, N.A. VS. JAE HONG CHUNG, and DONG NYEO CHUNG No. 08-3030-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 Dear Sir/Madam: Enclosed please find an Affidavit of Service Pursuant to Rule 3129.1 with the necessary attachments regarding the above matter. Thank you for your assistance in this matter. Should you have any questions, please do not hesitate to contact me. ***Please be advised that in the event the Plaintiff is not represented at the sale the sale is to be stayed or postponed.*** **Property is listed for the 12/09/2009 Sheriff Sale.** 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. Very truly yours, By: Phelan Hallinan & Schmieg, LLP KINYON LANIER, Legal Assistant cc: Sheriff of CUMBERLAND County PHS # 177628 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME BANK, N.A. Plaintiff, v JAE HONG CHUNG DONG NYEO CHUNG Defendant(s) : CUMBERLAND COUNTY . COURT OF COMMON PLEAS CIVIL DIVISION No. 08-3030-CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) CUMBERLAND COUNTY ) SS: As required by Pa. R.C.P. 3129.1(a) Notice of Sale has been given to 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 fort n the Affidavit and as amended if applicable. A copy of the Certificate of Mailin=e4Xereto 3917) and/or Certi ' '1 Return Receipt stamped by the U.S. Postal Service is aEabilri ". A Date: I I li -7 /(TI U 11dwrence T. Phelan,I/sV., Id`N"o. 32227 ? Francis S. Hallinan, q., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 Ti. Romano, Esq., Id. No. 58745 ? JVdia, ? S Sh ah-Jani, Esq., Id. No. 81760 ? enure 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 Attorney for Plaintiff IMPORTA T 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. PHS # 177628 AMERICAN HOME BANK, N.A. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS JAE HONG CHUNG CIVIL DIVISION DONG NYEO CHUNG NO. 08-3030-CIVIL-TERM Defendant(s). AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 AMERICAN HOME BANK, N.A., Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 and 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAE HONG CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: JAE HONG CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 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) US BANK NATIONAL ASSOCIATION US BANK NATIONAL ASSOCIATION C/O: GRENEN & BIRGIC, P.C. US BANK NATIONAL ASSOCIATION 3425 VISION DRIVE COLUMBUS, OH 43219 ONE GATEWAY CENTER; 9"; FLOOR PITTSBURGH, PA 15222 PITTSBURG OFFICE ROOM 808 1000 LIBERTY AVENUE PITTSBURGH, PA 15222 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MERS, INC. 3300 SW 34TH AVENUE; SUITE 101 OCALA, FL 34474 MERS AS A NOMINEE FOR AMERICAN HOME P.O. BOX 2026 BANK, N.A. FLINT, MI 48501-2026 AMERICAN HOME BANK, N.A. 3840 HEMPLAND ROAD MOUNTVILLE, PA 17554 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 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY 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 MERS AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER COUNTY THROUGH AMERICAN FIRST NATIONAL BANK OF CHESTER COUNTY THROUGH AMERICAN HOME BK PINEHURST HILLS U.S. Department of Justice U.S. Attorney for the Middle District 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 P.O. BOX 2026 FLINT, MI 48501-2026 AMERICAN WAY CORPORATE CE 3840 HEMPLAND ROAD MOUNTVILLE, PA 17554 2171 TALL OAK LANE YORK, PA 17403-5903 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 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. -? 7711 DATE 0-67wrence T. Phelan, Esq., Id. No. 32227 1 l/ ? 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 dll?tourtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 00 r' O D 2 co 5S ?N Z r3 ?a m v ZO ?o o?4y p? me p-o?NG?zz???' a> 00a 3 Dr-1 -?4 N W?O 2 0 ? dyorn o q o, 0 rwx =od? o M % S Fu a, Wm a0 3 N ? K N u. o C7 3 rn ?• Z < 0 O o aF+.- A Z oq? 1 50 0 (J1 N N_ < 6? G ii 7-Tf+ A 40 y 0- p O?? N p? o d3?w= wp3Oa3 0 ?'3?'c^o3F," to n. ° 3 ma O CD N? _ N $iYo306 CD iv C N X. O- N fl Ow' ? ? 'Z O ? ? 7?. , ? CGn d d C?'c7 0 ? C ?, j p ? rn ? t?1 ? ?b o G 7. x 0 9 O x pz end G ?? ?'?` 3CR?v2?y O n rt?t1? 0 N?-? y v+ N ? ? O o? Gyp ut p 01 ?WgbaW? ?? O? ? ? o w o 00 r, 0 0 ,.3 ° ? 0 2 cn -x7 c? cf? ,.. w b ?yij7 O w c`u r c??4o n 5 v ? gcb O 4 < N 0 0 4 ??AO -o O = I rs.??n a qm 2 c?_o y?? A O G S?° p3Oy 90 or` K "d w ? ?' ''? f y j? ?. "w rrt A n n a.-3 ?x y 3 N ? C7 ? Q c? o j U) J K7 oy 0 0 1 d =low wt; "OWES .,. ? .. - 0 s 06.9 02 AM OC-T j3 20 0004277256 19103 MAILED FROM ZIP GOD 10 N IA T A v o A W N -? O co w -I Q tr A co N - r -ft m Z fD ?D w3 a n` y ; mo V =D y CD c M zx OO z z c Q 3 a W X? ?O?C ? xNA ?-.C Z Z -i D yoy R - ooeao viva A 3 0 a fD m3 3 rAi> wI >d m w° 0- ? co) 1?1 ? G? G? td? ? C p? . a g D a N 8 r y y x?CO*q d? ,? e o rs c a D > '110 „r ?4 V) s 00 CeD a p 0 o m , N r W 3 N?0> o a 000 r A Ill 0rA ,..A 3 w r 0 A o 8 N o5 00? D 3 v CD O - n y x 3 3 r m o W CD n X r c 3 a a Go v y X v° ?w 0 O N r r._.ocm ° °30x2' Z z G ?„°„n O N o p 5:0/ 7 C 9 ii33 7 y ? O ( n ( p ( N C N N < 7 ?? Q SQL N 7 p 0 ? N C.N ~l m C O-. 0. °3 B 0-8 o m a4 x $°3 ° 03 ? m mnA3 R D Fif _ nE >> m I 3 C tn ?dR - - dd (P N ry y N ? N U _. _. ?O1N 3 ID - y x :3 2. 'J '. 3 319 sT d a ANMNNN? aniEV BOWES 0 N #. 3 02 1M $ 02.52° 8 ?. 0004277256 NOV09 200 9 N MAILED FROM ZIPCODE 1910 3 az a as a3 N 3 ,z 0= CD m -v C7 ? Z nD co r ?r m Z z ?go c c(f) v= 7 Cl) G) o r c C N 0 0 X x 7 FILES :FFICE OF THE F-- ~' DNOTARY 2099 NOV 20 PPI 1: 01 CU IM r PHELAN HALLINAN & SC By: Daniel G. Schmieg, Esqu: One Penn Center at Suburban Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 American Home Bank, N.A. ?TAPY 7IEG, LLP Id. No. 62205 13 ?tion Attorney for 11f1` 3 COURT OF COMMON PLEAS CIVIL ACTION NO. 08-3030-CIVIL V. Jae Hong Chung Dong Nyeo Chung 1705 CUMBERLAND COUNTY OF TH AS V TAX PARCEL NO. 10-15- Kindly mark stayed tl as to only the premises lo( Pennsylvania, Being Lot 37, Writ. The premises located No. 10-14-0842-179, and as to the original Writ. pending Writ of Execution filed on or about August 26, 2009, ted at 1705 Adeline Drive, Mechanicsburg, Commonwealth of ax Parcel No. 10-15-1282-033, which was attached to the original 1800 Eliza Way, Mechanicsburg, PA, Being Lot 26, Tax Parcel lore fully described in Exhibit "A" attached, is to remain attached Phelan Hunan & Schmieg, LL? Sworn to and subscrib9d this 2?-- day of Swo and Subscri d before Me This of , 2010 By: ' Before me Daniel G. Schmieg, 20 to Attorney for the Praa COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KEVIN KANE, Notary Public City of Philadelphia, Phila. County ly Commission Expires September 3, 2012 ?6 PHELAN HALLINAN & SC MIEG, LLP By: Daniel G. Schmieg, Esquire Id. No. 62205 One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 American Home Bank, N.A. Attorney for Plaintiff COURT OF COMMON PLEAS CIVIL ACTION NO. 08-3030-CIVIL V. Jae Hong Chung Dong Nyeo Chung Kindly append the Foreclosure. Date: -1 - 22 - 10 CUMBERLAND COUNTY Exhibit to Plaintiffs Writ of Execution in Mortgage Phelan Hallinan c eg, LLP By: J Daniel G. Schmieg, Esquire Attorney for the Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN arcel of land located in the Township of Hampden, County of Cumberland, State of Pen sylvania accordance with a plan entitled 'Final Subdivision Plan for Watts Tract', dated Augus 19, 1999 and last revised July 25, 2000. Said parcel being more fully described as follows: BEGINNING at an iron pi to be set located along the northern right of way line of Eliza Way at the dividing line between nit 27 and unit 26 as shown on the above said plan; thence along unit 27, North 19 degrees 22 inutes 18 seconds West, a distance of 184.57 feet to an iron pin to be set along the land now or ormerly of Frank & Donna Conte; thence along said lands and lands now or formerly of Pama Development Co. and lands now or formerly of Robert & Deborah Lekberg, South 79 degrees 13 minutes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line b tween unit 25 and unit 26; thence along unit 25 the following (2) two courses and distances: 1. S uth 02 degrees 37 minutes 05 seconds West, a distance of 94.36 feet to an iron pin to be set; 2. South 74 degrees 21 minutes 58 seconds West, a distance of 214.91 feet to an iron pin to be s t along the eastern right of way line of Eliza Way as shown on the above said plan; thence alo g Eliza Way, along a curve to the left having a radius of 70.00 feet, a delta angle of 93 degrees 4 minutes 16 seconds, an arc length of 114.52 feet, and a chord bearing and distance of North 62 de rees 30 minutes 10 seconds West, 102.17 feet, to an iron pin to be set at the dividing line between unit 26 and unit 27, the place of BEGINNING. CONTAINING 1.135 acres Apr 49,441 square feet more or less. Subject to all covenants and Jagreements of record. BEING LOT 26 as shown o the Final Subdivision Plan of the Watts Tract prepared by Dawood Engineering, Inc. dated Au st 19, 1999 (cover sheet dated July 22, 1999), last revised July 25, 2000 and recorded in Cumb rland County Plan Book 81, Page 99. UNDER AND SUBJECT t the Declaration of Pinehurst Hills, a Planned Community, dated September 7, 2000 and reco ded September 15, 2000 in Cumberland County Recorder of Deeds Office in Misc. Book 654, P ge 1002. FURTHER UNDER AND record. BEING THE SAME PREM Chung, h/w, by Deed from recorded 06/13/2006, in Dee( PREMISES: 1800 Eliza N Lot 26 to restrictions, reservations, easements and conditions of SES which was conveyed W. Lee Roland and Rosalie Book 275, page 619. to Jae Hong Chung and Dong Nyeo H. Roland, h/w, dated 06/08/2006, PA 17050 TAX PARCEL NO 10-140842-179 ,SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor r r 23iO APR r5 AM 10: 54 ^s ^`r American Home Bank NA vs. Jae Chung (et al.) SHERIFF'S RETURN OF SERVICE Case Number 2008-3030 09/25/2009 01:59 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1357 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jae Hong Chung & Dong Nyeo Chung, located at 1705 Adeline Drive, a/k/a Lot 37 Pinehurst Hills, Mechanicsburg, Cumberland County, Pennsylvania according to law. 09/25/2009 Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 140E hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jae Hong Chung & Dong Nyeo Chung, located at 1800 Eliza Way, a/k/a Lot 26, Pinehurst Hills, Mechanicsburg, Cumberland County, Pennsylvania according to law. 09/25/2009 01:59 PM - Amanda Coubaugh, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1357 hours, she 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: Jae Hong Chung, by making known unto, Young Han, adult in charge, at 1800 Eliza Way, a/k/a/ Lot 26 Pinehurst Hills, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 09/25/2009 01:59 PM - Amanda Coubaugh, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09 at 1357 hours, she 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: Dong Nyeo Chung, by making known unto, Young Han, adult in charge, at 1800 Eliza Way, a/k/a/ Lot 26 Pinehurst Hills, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 12/09/2009 Real Estate Property sold back to Mortgage Company for 1.00 on 12/9/09 03/30/2010 Praecipe to Partially Stay Writ of Execution as to the 1705 Adeline Drive, Mechanicsburg property only, received this date fro Attorney Daniel Schmieg, other property at: 1800 Eliza Way, Mechanicsburg is to remain attached to this original writ. SHERIFF COST: $835.49 SO ANSWERS, I April 05, 2010 RON R ANDERSON, SHERIFF cc? peg - `. AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3030-CIVIL-TERM Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 AMERICAN HOME BANK, N.A, Plaintiff in the above action, by the undersigned attorney, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 and 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please indicate) JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 2. Name and address of Defendant(s) in the judgment: JAE HONG CHUNG DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 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) US BANK NATIONAL ASSOCIATION 3425 VISION DRIVE COLUMBUS, OH 43219 US BANK NATIONAL ASSOCIATION C/O: GRENEN & BIRGIC, P.C. ONE GATEWAY CENTER; 9TH FLOOR PITTSBURGH, PA 15222 4. Namv and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ' ascertained, please indicate) MERS, INC. 3300 SW 34TH AVENUE; SUITE 101 OCALA, FL 34474 MERS AS A NOMINEE FOR AMERICAN HOME BANK, N.A. AMERICAN HOME BANK, N.A. P.O. BOX 2026 FLINT, MI 48501-2026 3840 HEMPLAND ROAD MOUNTVILLE, PA 17554 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 1705 ADELINE DRIVE AIK/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY 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 MERS AS A NOMINEE FOR FIRST NATIONAL BANK OF CHESTER C UNTY THROUGH AMERICAN HOME Q? FIRST NATIONAL BANK OF CHESTER COUNTY THROUGH AMERICAN HOME BK PINEHURST HILLS 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 P.O. BOX 2026 FLINT, MI 48501-2026 AMERICAN WAY CORPORATE CE 3840 HEMPLAND ROAD MOUNTVILLE, PA 17554 2171 TALL OAK LANE YORK, PA 17403-5903 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. August 25, 2009 DATE ? 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 ? V ivek 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 ? ourtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 AMERICAN HOME BANK, N.A. Plaintiff, V. JAE HONG CHUNG DONG NYEO CHUNG Defendant(s). TO: JAE HONG CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 CUMBERLAND COUNTY No. 08-3030-CIVIL-TERM August 25, 2009 DONG NYEO CHUNG 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS MECHANICSBURG, PA 17050 1800 ELIZA WAY AIK/A LOT 26 PINEHURST HILLS MECHANICSBURG, PA 17050 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY" Your house (real estate) at 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS. MECHANICSBURG, PA 17050 and 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS. MECHANICSBURG. PA 17050, is scheduled to be sold at the Sheriffs Sale on DECEMBER 9, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $1,089,786.60 obtained by AMERICAN HOME BANK, N.A. (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. q 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 SHORT DESCRIPTION By virtue of a Writ of Execution No. 08-3030-CIVIL-TERM AMERICAN HOME BANK, N.A. vs. JAE HONG CHUNG DONG NYEO CHUNG Owner(s) of property situate in the, Cumberland County, Pennsylvania, being (Municipality) 1705 ADELINE DRIVE AWA LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA 17050 Parcel No. 10-14-0842-179 and 10-15-1282-033 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $1,089,786.60 PHELAN HALLINAN & SCHMIEG, L.L.P. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania accordance with a plan entitled 'Final Subdivision Plan for Watts Tract', dated August 19, 1999 and last revised July 25, 2000. Said parcel being more fully described as follows: BEGINNING at an iron pin to be set located along the northern right of way line of Eliza Way at the dividing line between unit 27 and unit 26 as shown on the above said plan; thence along unit 27, North 19 degrees 22 minutes 18 seconds West, a distance of 184.57 feet to an iron pin to be set along the land now or formerly of Frank & Donna Conte; thence along said lands and lands now or formerly of Pamay Development Co. and lands now or formerly of Robert & Deborah Lekberg, South 79 degrees 13 minutes 23 seconds East, a distance of 369.64 feet to an iron pin to be set at the dividing line between unit 25 and unit 26; thence along unit 25 the following (2) two courses and distances: 1. South 02 degrees 37 minutes 05 seconds West, a distance of 94.36 feet to an iron pin to be set; 2. South 74 degrees 21 minutes 58 seconds West, a distance of 214.91 feet to an iron pin to be set along the eastern right of way line of Eliza Way as shown on the above said plan; thence along Eliza Way, along a curve to the left having a radius of 70.00 feet, a delta angle of 93 degrees 44 minutes 16 seconds, an arc length of 114.52 feet, and a chord bearing and distance of North 62 degrees 30 minutes 10 seconds West, 102.17 feet, to an iron pin to be set at the dividing line between unit 26 and unit 27, the place of BEGINNING. CONTAINING 1.135 acres or 49,441 square feet more or less. Subject to all covenants and agreements of record. BEING LOT 26 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood Engineering, Inc. dated August 19, 1999 (cover sheet dated July 22, 1999), last revised July 25, 2000 and recorded in Cumberland County Plan Book 81, Page 99. UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated September 7, 2000 and recorded September 15, 2000 in Cumberland County Recorder of Deeds Office in Misc. Book 654, Page 1002. FURTHER UNDER AND SUBJECT to restrictions, reservations, easements and conditions of record. ALSO CONTAINING ALL THAT PARCEL OF LAND LOCATED IN THE TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND STATE OF PA IN ACCORDANCE WITH A PLANE ENTITLED "FINAL SUBDIVISION PLAN FOR WATTS TRACT" DATED AUGUST 19TH 1999 AND LAST REVISED JULY 25TH 2000. SAID PARCEL BEING MORE FULLY DESCRIBED AS FOLLOWS BEGINNING at an iron pin to be set, located along the caster right of way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown n the above said plan; thence along Adeline Drive the following three (3) courses and distances: 1) South 30 degrees 13 minutes 06 seconds east, a distance of 62.47 feet to an iron pin to be set; 2) along a curve to the right having a radius of 250.00 feet, a delta angle of 19 degrees 41 minutes 59 seconds, an are length of 85.96 feet, and a chord bearing and distance of south 20 degrees 22 minutes 06 seconds East, 85.53 feet to a point; 3) South 10 degrees 05 minutes 01 seconds East, a distance of 18.18 feet to a concrete monument to be set along the northern right-of-way line of Smith Drive(T-600); thence along Smith Drive, South 76 Degrees 11 minutes 28 seconds west, a distance of 194.72 feet to a concrete monument to be set at the dividing line between Unit 37 and Unit 39; thence along Unit 39, North 36 degrees 08 minutes 44 seconds west, a distance of 133.27 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37; thence along unit 36, north 65 degrees 54 minutes 17 seconds east, a distance of 222.71 feet to an iron pin to be set at the dividing line between Unit 36 and Unit 37, the place of BEGINNING. Containing 0.721 acres or 31,388 square feet more or less. Being LOT 37- TITLE TO SAID PREMISES IS VESTED IN Jae Hong Chung and Dong Nyeo Chung, h/w, by Deed from W. Lee Roland and Rosalie H. Roland, h/w, dated 06/08/2006, recorded 06/13/2006, in Deed Book 275, page 619. This deed conveys Lot 26. TITLE TO SAID PREMISES IS VESTED IN W. Lee and Rosalie H. Roland, by Deed from Pinehurst Hills, L.P., dated 04/15/2005, recorded 05/03/2005, in Deed Book 268, page 3458. This deed conveys Lot 26 TITLE TO SAID PREMISES IS VESTED IN Jae Hong Chung and Dong Nyeo Chung, by Deed from Pinehurst Hills, L.P., dated 03/18/2004, recorded 03/31/2004, in Deed Book 262, page 1381. This deed conveys lot 37. PREMISES BEING: 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS & 1800 ELIZA WAY, MECHANICSBURG, PA 17050 PARCEL NO. 10-14-0842-179 and 10-15-1282-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-3030 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME BANK, N.A., Plaintiff (s) From JAE HONG CHUNG AND DONG NYEO CHUNG (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$1,089,786.60 L.L., Interest FROM 6/11/2009 - 12/09/2009 (PER DIEM - $179.14) - $32,603.48 Atty's Comm % Atty Paid 2,025.81 Plaintiff Paid Date: AUGUST 26, 2009 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs t Curt' R. Long, Proth n tary By: Deputy Name ANDREW C. BRAMBLETT, ESQUIRE Address: PHELAN HALLINAN & SCHNIEG, L.L.P., ONE PENN CENTER AT SUBURBAN STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 208375 Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA Known and numbered as, 1705 Adeline Drive, A/K/A Lot 37, Pinehurst Hills and 1800 Eliza Way, A/K/A Lot 26, Pinehurst Hills, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 9, 2009 By: state Coordinator ?'.? ?? Lit COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which AMERICAN HOME BANK N A is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 3030, at the suit of AMERICAN HOME BANK N A against JAE HONG CHUNG & DONG NYEO CHUNG is duly recorded as Instrument Number 201008198. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this g day of Z , A.D. A 0 1 0 Recorder of Deeds Il?tiailr ?,I?IY??gMAI?iiAM?I The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z4ePahiot 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 Leslie Kramer, 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 This ad ran on the date(s) shown below: 10/23/09 .t VJrR No. 2008-3030 Civil Term 10/30/09 1 American Home Bank, N.A. 11/06/09 Vs Jae Hong Chung Dong Nyeo Chung L ' ......... Atty: Daniel Schmleg By virtue of a Writ of Execution No. 08-3030- C AMERICAN HOME BANK, N.A. Sworn to subscribed before me this 16 day of/November, 2009 A.D. VS. / a JAE HONG CHUNG J DONG YE0 CHUNG Owner(s) uate in the, Cumberland v l a Notar Public v ani ,being(Municipality) Countenny y 1705 ADELINE DRIVE A/K/A LOT 3-7 PINEHURST HILLS, MECHANICSBURG, PA 17050 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS, MECHANICSBURG, PA COM O-NIVL?_-ALTH OF PENN 17050 SYLVANI.A ParcelNo.10-14-0842-179 and 10-15-1292-033 ?N?otE'4 Seal ? E>hen K (Acreage or street address) a L. I S inner, Notary Public GnY of -am P Improvements thereon: RESIDENTIAL ur9, Dauphin County crrtr DWELLING L My . .3; j , EXpires Nov. 26, 2011 r5FlFrt"ber, rs?:'?'?vyivri??ia A?sociafion of Notari?r 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 23, October 30 and November 6, 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. l Writ No. 2008-3030 Civil L a Marie Coyne, American Home Bank, N.A. vs. Jae H SWOkWTO AND SUBSCRIBED b f hi ong Chung e ore me t s Dong Nyeo Chung 6 da of November 2009 r Atty: Daniel Schmieg , By virtue of a Writ of Execu- tion No. 08-3030-CIVIL-TERM, AMERICAN JEHONG CHUNG, DONG NYEO Notary CHUNG, owners of property situate in the, Cumberland Co t un y, Pennsyl- vania, being 1705 ADELINE DRIVE A/K/A LOT 37 PINEHURST HILLS, MECHANICSBURG, PA 17050. ?---® NOTARIAL SEAL 1800 ELIZA WAY A/K/A LOT 26 PINEHURST HILLS DEBORAH A COLLINS , MECHANICS- BURG, PA 17050 Notary Public . Parcel No. 10-14-0842-179 and CARLISLE BORO, CUMBERLAND COUNTY 10-15-1282-033. My Comrnisslon Expires Apr 28, 2010 Improvements thereon: RESIDEN TIAL DWELLING.