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HomeMy WebLinkAbout08-401810) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, NO.: Q?_ - qU/ 9 "- "' 1 -4c("% Plaintiff, vs. JAE CHUNG, aWa JAE HONG CHUNG and DONG CHUNG, aWa DONG NYEO CHUNG, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 AND THE DEFENDANTS IS: 1705 Adeline Drive Mhanicsburg, PA 17050 ?l ? \X?_ ATTORNEY FOR PLAINTIFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 1705 Adeline Drive Hampden, PA (17 RO TOWNSHIP (WARD) ATTORNEY FOR PLAINTIFF TYPE OF PLEADING: CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: US Bank National Association as Trustee for JP MORGAN 2005-S 1 COUNSEL OF RECORD FOR THIS PARTY: Daniel J. Birsic, Esquire Pa. I.D. #48450 Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, Plaintiff, NO.: 0 g'- V 6 i9- D u i 14u,K, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, NO.: qo Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE US Bank National Association as Trustee for JP MORGAN 2005-S 1, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is US Bank National Association as Trustee for JP MORGAN 2005- S1, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Jae Chung, a/k/a Jae Hong Chung and Dong Chung, a/k/a Dong Nyeo Chung, are individuals whose last known address is 1705 Adeline Drive, Mechanicsburg, Pennsylvania 17050. 3. On or about September 24, 2004, Defendants executed a Note in favor of Chase Manhattan Mortgage Corporation in the original principal amount of $454,900.00. A true and correct copy of said Note is marked Exhibit "A," attached hereto and made a part hereof. 4. On or about September 24, 2004, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Chase Manhattan Mortgage Corporation a Mortgage in the original principal amount of $454,900.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on September 27, 2004, at Mortgage Book Volume 1882, Page 120. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B," attached hereto and made a part hereof. 5. Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation assigned all of its right, title and interest in and to aforesaid Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the March 1, 2008 payment. 8. On or about May 2, 2008, Defendants were mailed combined Act 91 and Act 6 Notices, via certified mail, return receipt requested, and by first class mail, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. '101, et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $437,774.51 Interest to 6/12/08 $ 10,967.18 Late Charges to 6/12/08 $ 597.68 Escrow Deficiency to 6/12/08 $ 0.00 Corporate Advances $ 53.00 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $453,142.37 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $453,142.37 with interest thereon at the rate of $82.23 per diem from June 12, 2008, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: L L' Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT A • NOTE 17906805 1179068057 September 24, 2004 MECHANICSBURG PA Pole) 10tyl Isate) 1705 ADELINE DR, MECHANICSBURG, PA 17050 iPf? addmsl 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U S. $ 4 5 4, 9 0 0.0 0 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is CHASE MANHATTAN MORTGAGE CORPORATION I will rgake all payments under this Note in the form of cash, check or money order. I understand that the Lender miy transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.875%. I The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payment 1 will pay principal and interest by making a payment every month. I will make my monthly payment on the first day of each month beginning onNovember 11 2 004 . I will make these payment every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of it scheduled due date and will be applied to interest before Principal if, on October 1, 2034 ,1 still owe amounts under this Note, I will pay than amount in fall on that date, which is called the "Maturity Date." I will make my monthly payment at P.O. BOX 78824 PHOENIX, AZ 85062 or at a different place if required by the Note Holder. (B) Amooot of Moodily Payment My moodily payment will be in the amount of U.S. S 2,988.37 4. BORROWER'S RIGHT TO PREPAY I have the right to make payment of Principal at any time before they arc due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, 1 will tell the Note Holder in writing that I am doing so. 1 may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Nate 1 may make a Rill Prepayment or partial Prepsymcat without paying a Repayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment. theta will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. MULTnTATE FiXED RATE W0T68apk FwWrFannbMadFnddle Mae UNIFORM INBTRUMENT vpossn? Fame • ?Fasm 3200 0811 ftwl.f3 VA" `?I?C 5. WAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then. (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit, and (b) any sums already collected from me which exceeded permitted limits will be refunded to mc. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me If a reflmd reduces Principal, the reduction will be treated as a partial Prepayment 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of FIFTEEN (15) calendar days after the date it is due, i will pay a late charge to the Note Holder. The amount of the charge will be . 5.000 % of my overdue payment of principal and interest I will pay this late charge promptly but only once on each late paymem (B) Default If f do not pay the full amouni of each monthly payment on the date it is due. i will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has rat bean paid and all the interest that I owe on that amount That date most be at least 30 days after the date an which the noticd is mailed to me or delivered by other meatus (D) No Waiver By Note Holder Even if, at a time when I am in default, the Note Holder does not require me to pay immediately in full ss dewnbed above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note HoWer at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. S. OBIJGA71ONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is filly and personally obligated to keep all of the promises trade in this Now, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over those obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its ngns under this Note against each person individually or against all of us together. This means that any one of is may be required to pay all of the amounts owed under this Note 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" meats the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Form 32M IM ek;m nines) PMar z d s oWY?a C. b- M C 10. UNIFORM SECURED NOTE This Note is a uniform instrument with htnnted variations in some lunsi ictnons In addition to the protections given to the Note Holder under this Note. a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes bow and tinder what conditions i may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions arc described as follows. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a mural person and a beneficial interest in Borrower is sold or tnuafetred) without Lender's prior written consent, Lender may require immediate payment in fall of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prolubited by Applicable Law If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days ft m the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fah to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand an Borrower. WITNESS THE HAND(S) A SFA7L(S) OF THE UNDERSIGNED. (Seat) (Seal) JAE Ca G -Borrower -Bwmww Social acuri y o.: 9 -66-6115 (Seal) DONG NG -Boaora Social Secu 'ty No.: 051-76 822 Bom wer (mil) -13r ww -(SCN -Burro.. (Seal) (Sad) -Borrower -Boiiowe (Sign 01,191-1 Ontyl f-61t paean P".3.12 Form 3206 W EXHIBIT B Prepared By: LISA GULATI Parcel Number: 10-15-1282-033 ROBERT p. ; lECLER DEEDS RECORDER CUMBERLAND CO ? U'#4 TY - PA 1001 SEP 27 AM 9 16 Return To: CHASE MANHATTAN MORTGAGE CORPORATION 4915 INDEPENDENCE PKWY, FOUNTAIN SQ II TAMPA, FL 33634-7541 ATTENTION:POST CLOSING lSpaee Above nis Line For Recording Dahtl MORTGAGE 17906805 1179068057 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated September 24, 2004 , together with all Riders to this document. (B) "Borrower"is JAE CHUNG, DONG CHUNG, HUSBAND & WIFE Borrower is the mortgagor under this Security Instrument. (C) "Lender"is CHASE MANHATTAN MORTGAGE CORPORATION Lender is a CORPORATION PENNSYLVANIA - Single Fandly - Fannie MaelFroddle Mae UNIFORM INSTRUMENT (M44PA) (0006) Page 1 of 16 InkIMIC C VMP MORTGAGE FORMS - (606)S21- 1 + ?` BK1882PGO120 organized and existing under the laws of THE STATE OF NEW JERSEY Lender's address is 343 THORNALL ST EDISON, NJ 08837 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated September 24, 2004 The Note states that Borrower owes Lender Four Hundred Fifty-Four Thousand, Nine Hundred and 00/104)ollars (U.S. $ 454 , 900.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October 1, 2034 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: H Adjustable Rate Rider Condominium Rider Second Home Rider Balloon Rider HPlanned Unit Development Rider LJ 1-4 Family Rider 0 VA Rider 0 Biweekly Payment Rider 0 Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire tmnsfcrs, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. -S( PA) a Form 3039 1101 1-0 D-ki-c M1882PGO121 flu (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrowers obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lendcr: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording hfis ie6on) of CUMBERLAND [Name of Recording JudWiedool: See Attached Legal Description which currently has the address of 1705 ADELINE DR MECHANICSBURG ("Property Address"): [stiverl [Cir91, Pennsylvania 17050 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." ®®-d(PA) mm) P.w s of is Form 3038 1101 BKI882PGO122 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurces check or cashices check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied fast to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be ®®{{ ) (OMI P.p.a or tie D M, Form 3939 1101 It"I 1882PG0123 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under ROSPA, and (b) not to exceed the maximum amount a lender can require under ROSPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lcnder is an institution whose deposits are so insured) or in any Federal Homc Loan Bank Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest I,m,a, C.- O-6(PA) MM) Pne s of is Form 3039 1101 D. C, sxr882PGO124 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation sccurcd by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lenders opinion operate to prevent the enforcement of the lien while those proceedings arc pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender acquires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either. (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. mow:, T h , G- (I ftWA) MM) Page 8 of 16 Cr" Form 3036 trot D.V-1,C BIt 1882PGO 125 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the stuns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. (MV PA) 0061 Papa 7 of 16 Form 3039 1101 J-Q-C nuI882PGO126 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. •8(PA) 00) Page a or ne Form 3039 1101 .D' 1.1• c 81% 1882PG0127 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were dire when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Larder again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agmements with other parties that share or modify their risk, or reduce losses. These agreements arc on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fiords that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any coinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. ?aWah:?? c d•6(PA) MM) Papa 9 of 16 N Form 3039 1101 D, c- 6K 1882PGO 128. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1"S or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lenders satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be 4D-G(PA) (OW) Page ,o of is Form 3039 1101 D. ICf • C 8K1882PGO129 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lenders acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Cc-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrowers obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender`s interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to Ini0a4: C-- 40 -G(PA) MM) Page 11 of Is %J Form 3039 1101 •C- BK1882PGO130 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of.Borrowees change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in conncction with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severabllity; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all stuns secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or 40 4(PA) (00os) Pfte 12 of 10 Form 3039 1101 D. ItI• G IN18.82PG 0131- f agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement stuns and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice or Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Scction 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Enviironmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. (b -6(PA) PM) Pe" 13 of 1e Form 3039 1101 D % ?1, L OKI882PGO132 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other rtmediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default most be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in tills Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and rclcascs any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Barrowees time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other salt pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. d?6(PA) pm) Papa 14 of 16 O kl Fan. .30,9 Wi 81t1882PGO133 BY SIGNMG BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: 'i" a C'.-?" . U"h6fu?? _ (Seal) -Borrower (Seal) .Bonvww (Seal) (Seal) loavwer -Borrower ^j Ar I= l) (Seal) r -Borrower Irowe DON UN OWPA) I0m1 (Seal) (Seal) -Borrower -Borrower Page 15 of 1e Form 3019 1101 8KI882PGO134 Certificate of Residence I, hereby c that the correct address of the within-named Mortgagee is y 1/ 5 ?eee V Witness my hand this (!? L day of 2 p? y, Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, CUMBERLAND County ss: On this, the 24th day of September, 2004 , beforc me, the undersigned officer, personally appeared JAE CHUNG, DONG CHUNG, HUSBAND & WIFE known to me (or satisfactorily proven) to be the person(s) whose name(s) is(are subscribed to the within instrument and acknowledged that he/shehhey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: NOTARIAL SEAL LT NA MCONEN Noary Public mp Hi8 go. Cumberland County Commission Ex res M 10, 2007 ,{ ft-S(PA) 0m) m BK 1-882PGO 135 Pop 16 of 16 Form 3039 101 D•?, G First American Title Insurance Company Commitment Number: 04532 SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN parcel of land located In the Township of Hampden, County of Cumberland, State of Pennsylvania In 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on the above said plan; thence along Adeline Drive the following three (3) courses and distances: 1) Souih 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 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 lute of Smith Drive (T-600); thence along Smith Drive 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 13327 feet to an iron pin to be set at the dividing the between Unit 36 and Unit 37; thence along Unit 35, North 65 degrees 54 minutes 17 seconds East, a distance of 222.71 feet tD an iron pin to be set at the dividing line between Unit 36 and 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING Lot 37 as shown on the Final Subdivision Plan of the Watts Tract prepared by Dawood Englneeringg,, Inc., dated August 19, 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 Communly, dated September 7, 2000 and recorded September 15, 2000 in the Cumberland County Recorder of Deeds Wee in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the saute premises which Pinehurst Hills, L.P., a Pennyslvania Limited partnership, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, In Deed Book 262, page 1381, granted and conveyed unto Jae Hong Chung and Dong Nyeo Chung, herein. 1 Certify this to be recorded in Cumberland County PA ?:crder of Deeds ILLTA Commitment Sfiedule C (04532104532/27) BKI882PGO'i36 VERIFICATION an* A. &ntN , Assistant Secretary, and duly authorized representative of Chase Home Finance LLC, Servicing Agent for US Bank National Association as Trustee for JP Morgan 2005-S1, deposes and says, subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct to his/her knowledge, information and belief. CHASE HOME FINANCE LLC, Servicing Agent for US BANK NATIONAL ASSOCIATION AS 7TEE FOR JP MORGAN 2005-SA, Smith , Assistant Secretary v P o r1a Q J( •_. CASE NO: 2008-04018 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS CHUNG JAE ET AL ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE CHUNG JAE AKA JAE HONG CHUNG was served upon the DEFENDANT at 0019:20 HOURS, on the 14th day of July , 2008 at 1800 ELIZA WAY MECHANICSBURG, PA 17050 by handing to DONG CHUNG DEFENDANT a true and attested copy of COMPLAINT - MORT FOR together with and at the same time directing His attention to the contents thereof. Andress- provided of 1705 -Ae e- Drive, Mechanicsburg, PA L* D Vacant as of _06-09-08. Sheriff's Costs: Docketing Service Affidavit Surcharge Postage Sworn and Subscibed to before me this of So Answers: 18.00 12.00 .00 10.00 R.'Thomas Kline .42 40.42 07/15/2008 GRENEN & BIRSIC By• day ?Deputerif A.D. !% _ . CASE NO: 2008-04018 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND U S BANK NATIONAL ASSOCIATION VS CHUNG JAE ET AL ROBERT BITNER 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 AKA DONG NYEO CHUNG the DEFENDANT , at 0019:20 HOURS, on the 14th day of July , 2008 at 1800 ELIZA WAY MECHANICSBURG, PA 17050 DONG CHUNG by handing to ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 16 00 Sworn and Subscibed to before me this day So Answers: R.'Thomas Kline 07/15/2008 GRENEN & BIRSIC BV -4 ?---? Deputy S eriff of , A. D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, CIVIL DIVISION Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 the last known address of Defendants is: 1800 Eliza Way Mechanicsburg, PA 17050 GRENEN & BIRSIC, P.C. NO.: 08-4018 TYPE OF PLEADING PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: US Bank National Association as Trustee for JP MORGAN 2005-S 1 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 C Att eys for Plaintfff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, CIVIL DIVISION Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Jae Chung, a/k/a Jae Hong Chung and Dong Chung, a/k/a Dong Nyeo Chung, in the amount of $459,100.01, which is itemized as follows: Principal $437,774.51 Interest to 08/18/08 $ 16,476.59 Late Charges to 08/18/08 $ 1,045.91 Escrow Deficiency to 08/18/08 $ 0.00 Corporate Advances $ 53.00 Attorneys' Fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $459,100.01 with interest on the principal sum at the rate of $82.23 per diem (as may change from time to time in accordance with the terms of the Note) from August 15, 2008, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY q-- , Kristine M. Anthou, Esquire Attorney for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants were not in the military service of the United States of America to the best of her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me this day of 2008. tary Public COMMONWEALTH OF PENNSYLVANIA Notaft Seal Elisabeth M. Paiano, Notary Public City Of Pil Wo. AMe"W County My co nn*alon Expires ism 6, 2012 Member, Pennsylvania Assodation of Ndarlsa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, CIVIL DIVISION Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. TO: Jae Chung, a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 DATE OF NOTICE: August 4, 2008 NO.: 08-4018 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. By: Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S 1, CIVIL DIVISION Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a,Wa DONG NYEO CHUNG, Defendants. TO: Dong Chung, a/k/a Dong Nyco Chung 1800 Eliza Way Mechanicsburg, PA 17050 DATE OF NOTICE: August 4, 2008 NO.: 08-4018 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE, A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 FIRST CLASS MAIL, POSTAGE PREPAID GRENEN & BIRSIC, P.C. By; & ,--A? Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ?;;; C-) G7) F n W ,s =y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION CIVIL DIVISION as Trustee for JP MORGAN 2005-S1, Plaintiff, NO.: 08-4018 VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Jae Chung, a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $459,100.01 with interest on the principal sum at the rate of $82.23 per diem (as may change from time to time in accordance with the terms of the Note) from August 18, 2008, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION CIVIL DIVISION as Trustee for JP MORGAN 2005-S 1, Plaintiff, NO.: 08-4018 VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE OF ORDER DECREE OR JUDGMENT TO: Dong Chung, a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on Al 0 S ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $459,100.01 with interest on the principal sum at the rate of $82.23 per diem (as may change from time to time in accordance with the terms of the Note) from August 18, 2008, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: US BANK NATIONAL ASSOCIATION, as Trustee for JP MORGAN 2005-S1, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/ka/ DONG NYEO CHUNG, ? Confessed Judgment 0 Other Mortgage Foreclosure File No. 08-4018 Amount Due $459,100.01 Interest $ 9,822.45 y 1 1 -- ?s mm to Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment We, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above nattier to the sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 1705 Adeline Drive, Mechanicsburg, PA 17050 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a lis pendens against real estate of the defendants) des Vbed in the attached exhibit. Date 'Y Z 1 o Signature: / Print Name: K?t?a M . Anthnu, Fsquire Address: One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Attorney for: Telephone: Plaintiff Supreme Court ID No: 77991 X) r E z 7 75 ? a t? ? ? .t ? C C ? u Ci ? w w t ti : ^ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 084018 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR JP MORGAN 2005-S1, Plaintiff (s) From JAE CHUG, A/K/A JAE HONG CHUNG AND DONG CHUNG, A/K/A 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 $459,100.01 Interest FROM 8/18/08 TO 12/10/08 - $9,822.45 Atty's Comm % Atty Paid $175.42 Plaintiff Paid Date: SEPTEMBER 3, 2008 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 L.L. $.50 Due Prothy $2.00 Other Costs L-F-1.y s ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION ) as Trustee for JP MORGAN 2005-51, ) Plaintiff, ) NO.: 08-4018 VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. ) AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) US Bank National Association as Trustee for JP Morgan 2005-51, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung located at 1705 Adeline Drive, Mechanicsburg, PA 17050 and is more fully described as follows: ALL the right, title, interest and claim of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, of, in and to: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. 1. The name and address of the owners or reputed owners: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Dong Chung a/k/a Dong Nyeo Chung Mechanicsburg, PA 17050 2. The name and address of the defendants in the judgment: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Dong Chung a/k/a Dong Nyeo Chung Mechanicsburg, PA 17050 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: US Bank National Association as Trustee for JP Morgan 2005-51 (PLAINTIFF) American Home Bank American Home Bank 3840 Hempland Road Mountville, PA 17554 c/o Francis Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 4. The name and address of the last record holder of every mortgage of record: US Bank National Association (PLAINTIFF) as Trustee for JP Morgan 2005-S 1 American Home Bank 3840 Hempland Road Mountville, PA 17554 5. The name and address of every other person who has any record lien on the property: None 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 r Pa Department of Revenue Domestic Relations Office Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 320 Carlisle, PA 17013 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribe before me this day of 08. Notary Public COMMONWEALTH OF PENNSYLYANI Notarial Seal Joanne M. Wehner, Notary Public CRY of Pittsburgh, Allegheny County l* Corrxnission Explree June 19, Za?fl0 Member, Pennsylvania Assodation of Neorlog t":r '"'? ?? : -y =r4 -? n? - ? - ?? .. ?? ... p 'C •? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, NO.: 08-4018 Plaintiff, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on May 2, 2008, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 and Act 6 Notices of Intention to Foreclose by certified mail, return receipt requested, and first class U.S. Mail. SWORN TO AND SUBSCRIBED EFORE ME THIS DAY OF 2008. COMMONWEALTH OF PENNSYLVANIA Notary Public Notarial 0--1 Joanne M. Wehner, Notary Public City of Pittsburgh, Allegheny County My Commission hires June 19, 2009 Member, Pennsylvania Association of Notaries N 7n r.. t _ W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, NO.: 08-4018 Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 1705 Adeline Drive, Mechanicsburg, Pennsylvania 17050 are Defendants, Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/s Dong Nyeo Chung whose last known address is 1800 Eliza Way, Mechanicsburg, Pennsylvania 17050, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME TfflaffJDAY OF 008. vnrr?n?. ? n yr rCIV1VJ T Lv AIYIA Notary Public Notarial Seal Joanne M. Wehner, Notary Public Ctty of Pittsburgh, Allegheny County My Commission Expires June 19, 2009 Member, Pennsylvania Association of Notaries T""` f? d kJ' ' S.. "{mil ...J'F ?? -?# [, ?.'? L....' ,.?^' i?M 4 'is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, NO.: 08-4018 Plaintiff, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on December 10, 2008, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. 4 The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-51, Plaintiff, VS. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $468,922.46. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: l G OC L Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 r, t..+J y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, NO.: 08-4018 Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on December 10, 2008, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-51, Plaintiff, vs. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $468,922.46. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: 06, (-. Kri ine M. Anthou,rEsquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 r..s ?` t f'- ?? ? ??? ? _ .? ?+^ .. t?_'r . • ? 'v.??y? ? ` R.f?' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 LONG FORM DESCRIPTION ALL that certain parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on 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 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 1 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 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pienhurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. GRENEN & BIRSIC, P.C. By. K?ir Stine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 262 Page 1381 Tax Parcel No. 10-15-1282-033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, CIVIL DIVISION Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS FILED ON BEHALF OF PLAINTIFF: US Bank National Association as Trustee for JP MORGAN 2005-S 1 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION CIVIL DIVISION as Trustee for JP MORGAN 2005-51, Plaintiff, NO.: 08-4018 VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, US Bank National Association as Trustee for JPMorgan 2005-51, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on December 10, 2008 as follows: Jae Chung, a/k/a Jae Hong Chung and Dong Chung, a/k/a Dong Nyeo Chung are the owners of the real property and have not entered an appearance of record. 2. By letter dated September 5, 2008, the undersigned counsel served Defendant, Jae Chung, a/k/a Jae Hong Chung, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 1800 Eliza Way, Mechanicsburg, PA 17050. On or about September 10, 2008, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff s Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. 3. By letter dated September 5, 2008, the undersigned counsel served Defendant, Dong Chung, a/k/a Dong Nyeo Chung, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 1800 Eliza Way, Mechanicsburg, PA 17050. On or about September 22, 2008, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff s Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY:?%? . CX ?.?? Kri 'ne M. An hou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS _,IA DAY OF 2008. )Notary Public COMMONWEALTH OF PENNSYLVANIA Nofedef Seer BMb0 M. Pales, Nnmq? Pdit CWOr?C=* Ny0anrrWM EOW Jam a 2012 Member, Penn *016 A"0* W of Nob da EXHIBIT "A" U.S. Postal Se rv ice , I CERTIFI ED M AIL RE C EIPT (Domestic Mai l On ly. No Ins urance C overage ProvldeO) ¦ For delivery info rmati on visit ou r websit e at www.us ps.com . r a e s r Ell e ? Retes ? (EndWeed) Restrk lss (EndornZIE d) 0 O Total pes ?j p whre U ECEIVED SEP 2 Z 2. Artlry w...a.-- 1 7007 3020 0001 8989 78.63 PS Form 3811, February 2004 Domestic Return ReceV ,ozset?o¢-M-1d? EXHIBIT "B" U-S-Oostal Ser vice,,, CERTIFIED M AIL,,, RE CEIPT n n (Domestic Only; No Insurance Coverage Provided) D i L Postage $ 0 Certltied Fee 7 Return Receipt Fee P 7 (Endorsement Required) - He ' U 7 Reshleted DeWery Fee 7 (Endorsement Requ" j Tote) Postage & Fees $ l ......... UJ? I COMpiete Reins 1, 2. mid 3. Also - plets Rem 4 if Restricted Delivery is desired. Print your nam and address on the reverse so that we can return the card to you. I Attach this card to the tack of the nwillpleos, or on the front if space permits. . Article Addressed to: 3A- E (-P H v ?J fir- s-o-o FLl 2A KI ?- y A. SVM&n x^6 o off; B ?r r? t c ar Dery .A D. Is delivery Yee M YES, enter delivery t O CEIVED SEP 10 1 o,mo ?h Mau ? E?rees't?{? ? Repetersd ? Ream Receipt for MschwWlw ? 7 d Sd 0 insured Ma 0 C.O.D. 4. Restricted WWwypft reed p.> 7007 3020 0001 8989 7870 t ,s Form 3811, February 2004 Domeatlc Ream Receipt 102595-024r-1540 tiJ.] cox 1 i . ? { ?-? " ?3 __ ?.-i. US Bank National Association as Trustee for JP Morgan 2005-S I Vs Jae Chung, a/k/a Jae Hong Chung and Dong Chung, a/k/a Dong Nyeo Chung In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-4018 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 1, 2008 at 2055 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 Chung a/k/a Jae Hong Chung and Dong Chung, a/k/a Dong Nyeo Chung, by making known unto Jae Chung, personally and as Adult in Charge, at, 1800 Eliza Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2008 at 1109 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 Chung a/k/a Jae Hong Chung and Dong Chung, a/k/a Dong Nyeo Chung, located at 1705 Adeline Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, by regular mail to their last known address of, 1800 Eliza Way, Mechanicsburg, PA 17050. These letters were mailed under the date of October 7, 2008 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 Poundage 27.52 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 24.00 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 U-J C- I _ co Ltd s ;. =wt Lz- cri ' C 7 C-i Law Journal 557.00 Patriot News 499.37 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 50.00 $1,403.31 So r • .1 R. Tho Kline, Sheriff BY Real Estate Coordinator -L? y ?q 2 ? ? ? ?`; f' : ? ?1 t"? ? ? _ it _ .? ' T { r {... ,,,? ? ?.'? i . C-? W . "? .C" -?C N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, NO.: 08-4018 Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) US Bank National Association as Trustee for JP Morgan 2005-S1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung located at 1705 Adeline Drive, Mechanicsburg, PA 17050 and is more fully described as follows: ALL the right, title, interest and claim of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, of, in and to: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. 1. The name and address of the owners or reputed owners: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Dong Chung a/k/a Dong Nyeo Chung Mechanicsburg, PA 17050 2. The name and address of the defendants in the judgment: Jae Chung a/k/a Jae Hong Chung Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: US Bank National Association as Trustee for JP Morgan 2005-S I (PLAINTIFF) American Home Bank American Home Bank 3840 Hempland Road Mountville, PA 17554 c/o Francis Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 4. The name and address of the last record holder of every mortgage of record: US Bank National Association (PLAINTIFF) as Trustee for JP Morgan 2005-S1 American Home Bank 3840 Hempland Road Mountville, PA 17554 5. The name and address of every other person who has any record lien on the property: None 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 or Pa Department of Revenue Domestic Relations Office Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 P.O. Box 320 Carlisle, PA 17013 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Lk L AL <-- Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subsch before me this day of 8. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Joanne M. Wehner, Notary Public City of Pittsburgh My Catnmission E?lrps AJiut911) Member, Pennsylvania A9aoolatfon of Notarlog IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, NO.: 08-4018 Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on December 10, 2008, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-S 1, Plaintiff, VS. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $468,922.46. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: ,± t (JC Kri a M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, NO.: 08-4018 Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriffof Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on December 10, 2008, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-S1, Plaintiff, VS. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $468,922.46. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By. ?? L JC c .? ?.L_ Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 LONG FORM DESCRIPTION ALL that certain parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on 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 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 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pienhurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and r recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. GRENEN & BIRSIC, P.C. By:'-?04 C. Lr? iW,h ne M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 262 Page 1381 Tax Parcel No. 10-15-1282-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 084018 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR JP MORGAN 2005-S1, Plaintiff (s) From JAE CHUG, A/K/A JAE HONG CHUNG AND DONG CHUNG, A/K/A 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 $459,100.01 L.L. $.50 Interest FROM 8/18/08 TO 12/10/08 - $9,822.45 Atty's Comm % Due Prothy $2.00 Atty Paid $175.42 Other Costs Plaintiff Paid Date: SEPTEMBER 3, 2008 (Seal) REQUESTING PARTY: Name KRISTINE M. ANTHOU, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 Real Estate Sale #75 On September 8, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Hampden To p, Cumberland County, PA Known and numbered as 1705 Adeline Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 8, 2008 By: Real Es?`ate Sergeant 'Ohe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 .......... Shorn to and subscribed before me this 25 dy?y of November, 2008 A.D. j Notary Public MGdVYRr?x,?? tiolr:r?(SQ?i' She"lie i. isnp;, Notary f uEaiir ,,Y Corr "9' C7a+,,7hin County Aember---.-.? rp1 n i Nov. 26. 2011 Real Estate Sacs No. 75 Writ No. 2001141 1i CMlTerm -JS Bank Nn*MW Association is Trustee for JP Morgan 2005- S1 VS Jae Chung aWa Jae Hong Chung and Dong Chung aWa Dong Nyso Chung Attorney Kristine Anthou LEGAL DESCRIPTION ALL that certain parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown nn the above said plan; thence along Adeline Drive the folltw* three (3) courses end distances; 1) South 30 degrees 13 minutes 06 serueds East, a disisnce 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 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 1 I 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 30, 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 h1tween Unit 36 and Unit 37; thence along Unit . North 65 degrees 54 minutes 17 seconds ,ast, a distance of 222.71 feet to an iron pin to be set at the dividing line between Unit 36 and f the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and greements of record. BEING lot 37 as shown on the Final Subdivision "an of the Watts Tract prepared by Dawood F,,, .pmeering, 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 the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pienhurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office; Cumberland County, Pennsylvania at Deed Book 262, Page 1381. Tax Parcel #:10-15-1282-033 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 14 day of November3 2008 Notary '101AP AL SEAL DEEOP,AP A COLLINS Notary Public CARLISLE SORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 SWORN TO AND SUBSCRIBED before me this REAL ESTATE SALE NO. 75 Writ No. 2008-4018 Civil US Bank National Association as Trustee for JP Morgan 2005-S 1 vs, Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung Atty.: Kristine M. Anthou LONG FORM DESCRIPTION ALL that certain parcel of land located in the Township of Hamp- den, County of Cumberland, State of Pennsylvania in 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 de- scribed as follows: BEGINNING at an iron pin to be set, located along the eastern right- of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on 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 hav- ing 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 22 minutes 06 seconds East, 85.53 feet, to a point; 3) South 10 degrees 05 minutes 0l seconds East, a distance of 18.18 feet to a concrete monument to be set along the north- ern right-of-way line of Smith Drive (T-600); thence along Smith Drive, South 76 degrees 11 minutes 28 sec- onds 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 37 the place of BEGINNING. CONTAINING 0.721 acres or 3 1,388 square feet more or less SUBJECT to all covenants and agreements of record. BEING lot 37 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 Plan Book 81, page 99. UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated Septem- ber 7, 2000 and recorded September 15, 2000 in the Cumberland County Recorder of Deeds Office in Miscel- laneous Book 654, page 1002. UNDER AND SUBJECT to restric- tions, reservations, conditions and easements of record. BEING the same property which Pienhurst Hills, L.P., a Pennsylvania limited partnership, granted and con- veyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. DBV 262. Page 1381. Tax Parcel No. 10-15-1282-033. C.) r" C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNVANW CINU DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: US BANK NATIONAL ASSOCIATION, as Trustee for JP MORGAN 2005-S1, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/ka/ DONG NYEO aim, ? N ? Confessed Judgment 10 Other Mortgage Foreclosure File No. 08-4018 s' 7 5 rr+ u Amount Due $4599100.01 Interest 75 976.58 jfiy'm to 6/2/10 . Cosh TO THE PROTHONOTARY OF THE SAID COURT: The undamped hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it u based on the appropriate ongmal proceeding am filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as law writ of execution is the above matie?r to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 1705 Adeline Drive, Mechanicsburg, PA 17050 PRAEC1pE FOR ATTACSIVIENT EXECUTION Issue writ of attachment to the Sheriff of and costa, as above, directing attachment a County, debt, interest (if real estate >l? the above-named garnishee(s) for r do the following property supply six copies of the description, supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee (s) as a Us pendens against real estate of the Date _ ' 0M described in the attached exhibit Signature: L) ( e? ?r_, c' lc c d?. 00 PD A Print Name: squire 4o.4a. C[iF Address: One Gateway Center, Ninth Floor Up. 0C> Pittsburgh PA 15222 t, x(03.31 " 14. o0 014.00 , 000.9 - P ATr/ #a.oo pu?CO CO-19'3938 RC w i3/ PE lc?ri? Attorney for Telephone: Plaintiff Supreme Court ID No: 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) N _ c , m cr) rv US Bank National Association as Trustee for JP Morgan 2005-S1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung located at 1705 Adeline Drive, Mechanicsburg, PA 17050 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. 1. The name and address of the owners or reputed owners: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 2. The name and address of the defendants in the judgment: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: US Bank National Association as Trustee for JP Morgan 2005-S 1 [PLAINTIFF] American Home Bank American Home Bank 3840 Hempland Road Mountville, PA 17554 c/o Francis Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 4. The name and address of the last record holder of every mortgage of record: US Bank National Association [PLAINTIFF] as Trustee for JP Morgan 2005-51 American Home Bank 3840 Hempland Road Mountville, PA 17554 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 Pa Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 4 Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant(s) 1705 Adeline Drive Mechanicsburg, PA 17050 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this -cRL4 day of x 2010. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal K Paiano, Notary Puble 7dvdan Ejiros Jon i3?2D12 Mamnaylvania AISM& lon 04 Natarn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, CIVIL DIVISION Plaintiff, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) C) C-- NO :,r.. rn M cr, c - . -TI I-TI N < Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 1705 Adeline Drive, Mechanicsburg, Pennsylvania 17050 are Defendants, Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/s Dong Nyeo Chung whose last known address is 1800 Eliza Way, Mechanicsburg, Pennsylvania 17050, to the best of her information, knowledge and belief. SWORN ,T''11 O4 AND SUBSCRIBED BEFORE ME T IS aL DAY VJPkkAAk1,,-- , 2010. Notary Public C BIN EAL NNSYLVANIA Noww sew M. PaW o. WXY ? Jan. 6, 20'12 la Msoeiation of Notaries Member, Ponnsyl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, CIVIL DIVISION Plaintiff, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 4 M C71 C-a t.) r,, - fv . AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on May 2, 2008, Defendants were mailed Notices of Homeowner's Emergency Mortgage Assistance Act of 1983 and Act 6 Notices of Intention to Foreclose by certified mail, return receipt requested, and first class U.S. Mail. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAYOFS?"OLAJl .2010. R Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seel Ek abelh M. Paiano, Notary Pubic City Of PNlsbtrgh, Ak gheny County My Cmwy l dm Eow Jan. 6,2D12 Member, Pennsylvania Assodatlon of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, NO.: 08-4018 Plaintiff, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on June 2, 2010, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. • The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-51, Plaintiff, vs. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $535,076.59. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. e- By{-'. ?. u- ` ZA- c It c(? Kristine . Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, Plaintiff, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. CIVIL DIVISION NO.: 08-4018 LONG FORM DESCRIPTION ALL that certain parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on the above said plan; thence along Adeline Drive the following three (3) courses and distances; l) 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 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 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pinehurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. GRENEN & BIRSIC, P.C. By: 4V- Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 262 Page 1381 Tax Parcel No. 10-15-1282-033 M IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on June 2, 2010, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-51, Plaintiff, vs. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $535,076.59. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. B? lv?- (- . c ` , c /' o\ Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, CIVIL DIVISION Plaintiff, vs. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 LONG FORM DESCRIPTION ALL that certain parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on the above said plan; thence along Adeline Drive the following three (3) courses and distances; l) 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 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 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pinehurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. GRENEN & BIRSIC, P.C. a f c?C Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 262 Page 1381 Tax Parcel No. 10-15-1282-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-4018 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for JP MORGAN 2005-S1, Plaintiff (s) From JAE CHUNG a/k/a JAE HONG CHUNG and DONG CHUNG a/k/a 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 $459,100.01 L.L. Interest from 8/18/08 to 6/2/10 -- $75,976.58 Atty's Comm % Atty Paid $1,600.23 Plaintiff Paid Date: 2/26/2010 Due Prothy $2.00 Other Costs ) \ 11-? David D. Buell, Protho otary (Seal) REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC 1 GATEWAY CENTER, 9TH FLR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 By: Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR JP MORGAN 2005-S1, Plaintiff, vs. JAE CHUNG, A/K/A JAE HONG CHUNG AND DONG CHUNK A/K/A DONG NYEO CHUNG, Defendants. CIVIL DIVISION NO.: 08-4018 0 r (7- - 4 TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS FILED ON BEHALF OF PLAINTIFF: US Bank National Association as Trustee for JP Morgan 2005-S 1 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: June 2, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS CIVIL DIVISION TRUSTEE FOR JP MORGAN 2005-S1, Plaintiff, NO.: 08-4018 vs. JAE CHUNG, A/K/A JAE HONG CHUNG AND DONG CHUNK A/K/A DONG NYEO CHUNG, Defendants. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Esquire, Attorney for Plaintiff, US Bank National Association as Trustee for JP Morgan 2005-S 1, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung as follows: Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung is the owner of the real property and has not entered an appearance of record. 2. By letter dated April 16, 2010, the undersigned counsel served Defendant, Jae Chung a/k/a Jae Hong Chung, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 1800 Eliza Way, Mechanicsburg, PA 17050. On or about April 20, 2010, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff's Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached hereto and made a part hereof. 3. By letter dated April 16, 2010, the undersigned counsel served Defendant, Dong Chung a/k/a Dong Nyeo Chung, with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 1800 Eliza Way, Mechanicsburg, PA 17050. On or about April 20, 2010, the signed certified mail receipt was returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff's Sale. A true and correct copy of the returned certified mail receipt, is marked Exhibit "B", attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 52010. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Palen, Notary Public City Of Plg9buro. AllVany County My OOml nWm E*ft Jan. 6, 2012 Member, Pennsylvania Association of Notarles EXHIBIT "A" Ln a- CERTIFIED PJ AI'L RECEIPT NO Irl S,jr _a r` - , CO i m ru Ln . _ $ 44 ru CerdMWFee y 0 O M (Endo SCOO FN PQnerlc 3 (RE"d N °f°'"°' 0 N Total POMP 8 Foss $ r%-- or PO BOX AfoL AJ 1 91 .'f n i AN . .......?.._...... ¦. Pft your nol aced l " o l l Qt! Ow reisrsw Sit t#w wwCai1!' M tM ** ft y% Or OrN ifiat pwMft 1. Ar"A1rMt1S9001110: qkja & (ht Jae 10%lff 11 NO ?lr? mecl???sbu?? r A 1100 RECEIVED Or! 2 2 "CID A. sweaw Et, by M to d*Mv if YM on a r6nt Aom Rem 170 { dtSM! i 3. PrAn cerwag MIA , Q Mal O pagwwvd? A PA&j i Recelo lbr FM er i 4. RbetrWW dlvarx? Oft F$# 2. Artkte Number rrmwwftmswvkwk 7009 2820 0002 5288 7695 Ps Farm 3811. Fetxuaty 2004: Domsedc Ream Rec o tozSWoaIWIS o rU PCs" s Ln Ceroeea FN ti C3 Reran Reotlpt FN Z O (Endo?Mmeni freq l 0 P-ft W DeMsry F- C3 (Endaarnsnt gequlred) R1 rU 0^ O 0 I%- OrPOOMM IA 5 f? A. Item 4 It ¦ Print your name and addma on the reirer'se P.tAcidraeee*. so that wet an return the c and to you a. Revived (PtInW M vF* Date of DsW" ¦ Attach thla card to the back of the rndpMm # or on the *cnt it apace partnk& a Is deWery scidnee dl 1? 1. Artk a itYE.S, ertterdd y qkla DY5 ry `N?Grya Ow 1 0 ro o ?'can, RFEEIVED t,?rt 2 2 't ";0 4 Rewicwd 0eMva1?J' Oft* FW -Yee: 2. Article Number (figneftr ftm sen 7009 2820 0002 5288 7688 Ps Form 3811. V2W4 Domestic Rattan Receipt to rsa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR JP MORGAN 2005-S 1, Plaintiff, vs. JAE CHUNG, A/K/A JAE HONG CHUNG AND DONG CHUNK A/K/A DONG NYEO CHUNG, CIVIL DIVISION n Cm, C.= _ r1 - o =: NO.: 08-4018 r TYPE OF PLEADING -" ' C n? SUPPLEMENTAL AFFIDAVIT- PURSUANT TO RULE 3129.1 Defendants. FILED ON BEHALF OF PLAINTIFF: US Bank National Association as Trustee for JP Morgan 2005-S 1 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: June 2, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR JP MORGAN 2005-S1, CIVIL DIVISION Plaintiff, vs. JAE CHUNG, A/K/A JAE HONG CHUNG AND DONG CHUNK A/K/A DONG NYEO CHUNG, Defendants. NO.: 08-4018 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) US Bank National Association as Trustee for JP Morgan 2005-S1, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung located at 1705 Adeline Drive, Mechanicsburg, PA 17050, and is more fully described as follows ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Internal Revenue Service, Special Procedures Office, Federal Building, 228 Walnut Street, Harrisburg, PA 17108 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, 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. GRENEN & BIRSIC, P.C. BY: / cZ_? Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS 1 v??\ DAY F , 2010. otary Public VANIA lic txtty 012 CRPenn RAssoclation MNotaries P U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & Birsic, P.C. One Gateway Center, 911 Floor, Pittsburgh, PA 1522?, din to : One piece of ary mail addressed oorr inJ r ? L f' C ? ? PS `\,/? ?^ t Form 3817, Januaty,2001 Affix fee here in stamps or meter postage and post mark. Inquire of P f 7 yg`4 i h ?yd:& y ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR JP MORGAN 2005-S1, Plaintiff, Vs. JAE CHUNG, A/K/A JAE HONG CHUNG AND DONG CHUNK A/K/A DONG NYEO CHUNG, Defendants. CIVIL DIVISION C n NO.: 08-4018 ri1 1 r TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c)(2) r" `= PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: US Bank National Association as Trustee for JP Morgan 2005-S 1 COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: June 2, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS CIVIL DIVISION TRUSTEE FOR JP MORGAN 2005-S1, Plaintiff, NO.: 08-4018 vs. JAE CHUNG, A/K/A JAE HONG CHUNG AND DONG CHUNK A/K/A DONG NYEO CHUNG, Defendants. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, US Bank National Association as Trustee for JP Mortgage 2005-S1, being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1, as well as all persons named in Plaintiff's Supplemental Affidavit pursuant to Rule 3129.1 as follows: By letters dated April 16, 2010, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated May 3, 2010, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129.1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS 1- DAY OF , 2010. tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Paiaw, Notary Pubic City Of Pftburgh, ANegheny County My Corn ftsion E*hu Jan. 6, 2012 Member, Pennsylvania Associatlon of Notaries EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, NO.: 08-4018 Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, wk/a DONG NYEO CHUNG, Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY } US Bank National Association as Trustee for JP Morgan 2005-S1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung located at 1705 Adeline Drive, Mechanicsburg, PA 17050 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. 11 1. The name and address of the owners or reputed owners: Jae Chung a/k/a Jae Hong Chung Dong Chung a/k/a Dong Nyeo Chung 2. The name and address of the defendants in the judgment: e 1800 Eliza Way Mechanicsburg, PA 17050 1800 Eliza Way Mechanicsburg, PA 17050 Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: US Bank National Association as Trustee for JP Morgan 2005-S 1 [PLAINTIFF] American Home Bank American Home Bank 3840 Hempland Road Mountville, PA 17554 c/o Francis Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 4. The name and address of the last record holder of every mortgage of record: US Bank National Association [PLAINTIFF] as Trustee for JP Morgan 2005-51 American Home Bank 3840 Hempland Road Mountville, PA 17554 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office P.O. Box 320 Carlisle, PA 17013 Pa Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 11 Commonwealth of Pennsylvania C Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant(s) 1705 Adeline Drive Mechanicsburg, PA 17050 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff SWORN to and subscribed before me this -- day of I 2010. Cc Notary Public COMMONWEALTH OF PENNSYLVANIA NolaftSeel E?abetlt M. PSWM Notary Pubic CRY Of PitsbtrgN Ak"W Carly My Caun "m E)q*w Jan 8, 2012 Mwnber, PenneVIMIe A&MOGtlon of NOW" -4 -0 Cil (n 60 T 0 O ? L c- v ?CD c ca, co ?N 0 N M ON N n 0 3 .0 fD m Q `G --i ?. f / j 0 W m 0" : CD 7 P Oo 01 Ut A W N -.? N6 TOn2 3 m ? C q O ? /-? ? (D n o C n C D G O d 'O CD p ? ^ V / Q a > l \ G G ''! n ? s M 3(D 90N \. x x ?? Wo N CD m 00' 'n o b 7? c z --.k CD (D U1 m (D CD CD -e CD 0 3 m N) N (7 Z a n N m 3 (0 ? "1l v CD O m m N O ? o `' "bv'O? xbd x'tibd n"v w 0 =r 3 O N N "TI g O? C) '+ C) O O to `= ? ? ? ? ? N m ;j CD CD cz? o Q: td ?7 (D m ff a ?• cD C p G ' , il G k p G. O . N Nx v pm CD CD :3 t1i 5 ,2 N a 3 3 y O M b > ti a U Y NEj W.0 .. J° o (D d d d o ?. _3 o v _ va bw v tD ° w b< 9 m o ° q n CD ;2 A ow "' o ° CD ?? W rn y ???? cb CD C/) -`° M m m C f0. o am m a a R N a s om 0 o ? 7 s = 3 m A A 4h. A A w ,o m N 5 m w =- A A A o?gR?=D moa ??.? ' y ' N N N A N A N A N D ? ?y K m o°3'°a??? ?g omN 3 I CA D cx ? = ' ? ? r m ma m M ,o m d ? A 1°mn D CA r? < . y N ?: 3 m t 1 K t."• ? may,??T T ID f'/1 T rv ?D T Ba N EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA US BANK NATIONAL ASSOCIATION AS TRUSTEE FOR JP MORGAN 2005-S 1, CIVIL DIVISION Plaintiff, vs. JAE CHUNG, A/K/A JAE HONG CHUNG AND DONG CHUNK A/K/A DONG NYEO CHUNG, Defendants. NO.: 08-4018 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) US Bank National Association as Trustee for JP Morgan 2005-S 1, Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung located at 1705 Adeline Drive, Mechanicsburg, PA 17050, and is more fully described as follows ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Internal Revenue Service, Special Procedures Office, Federal Building, 228 Walnut Street, Harrisburg, PA 17108 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, 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. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY F , 2010. otary Public COMMBNWi;AH OF PENNSYLVANIA NctarM SOW ,ftWmm M. Paleno, NO%W Pdfo ity My Conx?>Iwion Flan. 8. 2012 Member, Pennsylvania Association of Notaries U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen 8 Birsic. P.C. One Gateway Center. 91h Floor, Pittsburgh, PA 15222'. .A-15b N D5 One piece of ordinary mail addressed to: t PS Form 3817, Janua44.2001 Affix fee here in stamps or meter postage and post mark Inquiet of P SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ?4ytptr of ? lutpbrr???? OFFICE C, ?E Sr--URIFF US Bank National Association vs. Jae Hong Chung (et al.) Case Number 2008-4018 SHERIFF'S RETURN OF SERVICE 04/05/2010 07:37 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1935 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Jae Chung & Dong Chung, located at 1705 Adeline Drive, Mechanicsburg, Cumberland County, Pennsylvania according to law. 04/05/2010 07:31 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1930 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Jae Chung, by making known unto, Jae Chung, personally, at 1800 Eliza Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/05/2010 07:31 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on April 5, 2010 at 1930 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Dong Chung, by making known unto, Donc Chung, personally, at 1800 Eliza Way, Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $360,500.00 to Moyer and Pletcher Development Group, LLC, 156 Creekside Drive, Enola, PA 17025, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Moyer & Pletcher Development Group, LLC, 156 Creekside Drive, Enola, PA, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 7,070.16. SHERIFF COST: $7,070.16 July 14, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF 7 w LAW-06, ?d. l- A4 5?3 (c) CountySuite Sheriff. TeleosoR. Inc. i 41 1 SCHEDULE OF DISTRIBUTION Date Filed: 6/23/10 Writ No. 2008-4018 Civil Term US Bank National Association, as Trustee for JP Morgan 2005-S 1 -vs- Jae Chung, a/k/a Jae Hong Chung and Dong Chung, a/k/a Dong Nyeo Chung 1705 Adeline Drive Mechanicsburg, PA 17050 Sale Date: June 2, 2010 Buyer: Moyer and Pletcher Development Group LLC Bid Price: $ 360,500.00 Real Debt: $ 459,100.01 Interest: 75,976.58 Attorney Writ Costs: 1,600.23 Total Due: $ 536,676.82 DISTRIBUTION: Receipts: Cash on Account (03/18/2010): $ 2,000.00 Cash on Account (06/02/2010): 36,050.00 Cash on Account (06/18/2010): 345,858.78 Total Receipts: $ 383,908.78 Disbursements: Sheriffs Costs $ 6,770.16 Legal Search 300.00 Transfer Tax State 7,778.11 Transfer Tax Local 7,778.11 Hampden Township Commissioners (Sewer/Refuse) 646.40 Attorney Kristine Anthou 2000.00 US National Bank Association as Trustee for JP Morgan 2005-S1 358,636.00 Total Disbursements: ($383,908.78) Balance for distribution: 00.00 So Answers: onny R. Anderson Sheriff SNELBAKER & BRENNEMAN, P. C. ATTORNEY AT LAW 44 W. Main Street Mechanicsburg, PA 17055 TITLE REPORT TO: Sheriff of Cumberland County RE: Sheriff s Sale, Writ No. 2008-4018 held June 2, 2010 EFFECTIVE DATE: June 2, 2010 PREMISES: 1705 Adeline Drive, Hampden Township, Cumberland County, Pennsylvania, Tax Parcel No. 10-15-1282-033 (the "Premises") RECITAL: Being the same premises which Pinehurst Hills, L.P. by its Deed dated March 18, 2004 and recorded March 31, 2004 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 262, Page 1381, granted and conveyed unto Jae Hong Chung and Dong Nyeo Chung. The Premises identified above and as more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items and exceptions. All recording and docket locations identified are in the Office of the Recorder of Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County. EXCEPTIONS: 1. Claims and charges for improvements and repairs to the Premises or delivery of materials thereto for which payment has not been made. 2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments. 3. The rights or claims of any tenants or other parties in possession. 4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of 1997, as amended. 5. Any environmental liens or claims filed or on record in the Federal District Court. 6. Payment of state and local real estate transfer tax, if applicable. 7. Any secured transactions with respect to the Premises. 8. The area of the Premises is not certified. 9. Those matters which a view or inspection of the Premises would reveal. 10. The accuracy of the measurements and dimensions of the Premises or the rights or title of or through any person or persons in possession of same, conflicts with adjoining property, encroachments, projections or any other matter disclosed by an accurate survey of the Premises. 11. The right of use as may be determined by any applicable municipal zoning ordinance or regulation. 12. Any matter not of record at the Court House as of the effective date of this Title Report and subsequent to the date hereof. 13. Any tax increase based on additional assessment made by reason of new construction or major improvements. 14. The absence or failure of proper and required notice being given to all owners and holders of liens and encumbrances intended to be divested by the Sheriffs sale and procedural defects by any judgment creditor or lienholder executing on the Premises giving rise to the Sheriffs sale noted above. 15. Identity and legal competency of all parties at any closing or conveyance of the Premises should be established. 16. Access to the Premises by public road or street is not certified. 17. Suitability or existence of sewer and water facilities on or available to the Premises is not certified. 18. Real Estate taxes on the Premises due and payable but not turned over for collection to the Tax Claim Bureau. 19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate taxes accruing on and after January 1, 2010. 20. Subject to the spousal rights, if any, of any spouse of Jae Hong Chung or Dong Nyeo Chung. -2- 21. Mortgage in the amount of $454,900.00 from Jae Hong Chung and Dong Nyeo Chung to Chase Manhattan Mortgage Corp. dated September 24, 2004 and recorded September 27, 2004 in Mortgage Book 1882, Page 120, assigned July 21, 2008 in Instrument No. 200824648 to J. P. Morgan. 22. Mortgage in the amount of $950,000.00 from Jae Hong Chung and Dong Nyeo Chung to American Home Bank dated June 8, 2006 and recorded June 13, 2006 in Mortgage Book 1954, Page 3312. 23. Judgment against Jae Hong Chung and Dong Nyeo Chung in the amount of $1,011,553.40 entered August 15, 2008 in favor of American Home Bank N A amended to $1,089,786.60 by Order entered April 16, 2009 to No. 2008-3030 with respect to the Mortgage identified as item No. 22, above. 24. Judgment against Jae Hong Chung and Dong Nyeo Chung in the amount of $459,100.01 entered August 21, 2008 in favor of U. S. Bank National Association to No. 2008-4018 with respect to the Mortgage identified as item No. 21, above. 25. Federal tax lien in favor of U. S. Treasury Department and against Jae H. Chung in the amount of $36,540.25 entered May 26, 2009 to No. 2009-3439. 26. Subject to all matters appearing in the Declaration recorded in Misc. Book 654, Page 1002. 27. Subject to all building setback lines, easements, notes, conditions, restrictions and all other matters appearing in the Plan of Watts Tract and/or Pinehurst Hills - Watts Tract recorded in Plan Book 81, Page 99. 28. Subject to the rights granted Pennsylvania American Water Company in Misc. Book 670, Page 21. 29. Subject to the rights granted PPL Electric Utilities Corp. in Misc. Book 679, Page 229, Misc. Book 680, Page 4343 and in Misc. Book 692, Page 1713. 30. Subject to the deed of dedication granted to Hampden Township Sewer Authority and Hampden Township in Deed Book 258, Page 797 and Deed Book 261, Page 2277, respectively. 31. Subject to the rights granted Comcast Cable TV Company, Inc. in Misc. Book 644, Page 118. 32. Subject to the rights granted PPL in Misc. Book 179, Page 241, Misc. Book 192, Page 155, Misc. Book 92, Page 158 and in Misc. Book 180, Page 850. -3- 33. Subject to the rights granted American Telegraph and Telephone Company of Pennsylvania in Misc. Book 87, Page 31. 34. Subject to the rights granted PPL Electric Utilities Corp. and Bell Atlantic-Pennsylvania, Inc. in Misc. Book 651, Page 1128. 35. Subject to the rights of others in and to that portion of the Premises lying within or adjoining Adeline Drive and/or Smith Drive. The undersigned shall not be bound by this Title Report to any person, firm or entity other than the Sheriff of Cumberland County. Snelbaker & Brenneman, P. C. By: Keith O. Brenneman -4- Writ No. 2008-4018 Civil US Bank National Association as Trustee for JP Morgan 2005-S1 VS. Jae Chung a/k/a Jae Hong Chung Dong Chung a/k/a Dong Nyeo Chung Atty: Kristine M. Anthou ALL that certain parcel of land located in the Township of Hamp- den, County of Cumberland, State of Pennsylvania in 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 de- scribed as follows: BEGINNING at an iron pin to be set, located along the eastern right- of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on 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 hav- ing 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 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 north- ern right-of-way line of Smith Drive (T-600); thence along Smith Drive, South 76 degrees 11 minutes 28 sec- onds 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 37 the place of BEGINNING. EXHIBIT A CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 Plan Book 81, page 99. UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated Septem- ber 7, 2000 and recorded September 15, 2000 in the Cumberland County Recorder of Deeds Office in Miscel- laneous Book 654, page 1002. UNDER AND SUBJECT to restric- tions, reservations, conditions and easements of record. BEING the same property which Pinehurst Hills, L.P., a Pennsylvania limited partnership, granted and con- veyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. DBV 262. Page 1381. Tax Parcel No. 10-15-1282-033. e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-51, Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) US Bank National Association as Trustee for JP Morgan 2005-S1, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung located at 1705 Adeline Drive, Mechanicsburg, PA 17050 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. II 1. The name and address of the owners or reputed owners: Jae Chung a/k/a Jae Hong Chung Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 1800 Eliza Way Mechanicsburg, PA 17050 2. The name and address of the defendants in the judgment: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: US Bank National Association as Trustee for JP Morgan 2005-S 1 American Home Bank American Home Bank [PLAINTIFF] 3840 Hempland Road Mountville, PA 17554 c/o Francis Hallinan, Esquire One Penn Center Plaza Suite 1400 Philadelphia, PA 19103 4. The name and address of the last record holder of every mortgage of record: US Bank National Association [PLAINTIFF] as Trustee for JP Morgan 2005-S l American Home Bank 3840 Hempland Road Mountville, PA 17554 5. The name and address of every other person who has any record lien on the property: Domestic Relations Office Pa Department of Revenue P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 le Commonwealth of Pennsylvania Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Tenant(s) 1705 Adeline Drive Mechanicsburg, PA 17050 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, 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. SWORN to and subscribed before me this day of /1.L j, , 2010. otary Public COMMONWEALTH OF PENNSYLVANIA Not" Seel Elzabdh M. PaMM Notary PubNo Of PNMbAUI% Ak"V Cry LWCNY,, 00VdI" EJUee JffL 8, 2012 rkin l Oft AwoaUdon of NoWW . ??&) & c A--(?( /" ( A ( ?- Kristine M. Anthou, Esquire Attorney for Plaintiff . v i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Jae Chung a/k/a Jae Hong Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on June 2, 2010, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-S1, Plaintiff, VS. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $535,076.59. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By{- LU ??4 - ?Zti L L. Kristin- thou Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S 1, CIVIL DIVISION Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 LONG FORM DESCRIPTION ALL that certain parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on 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 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 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pinehurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. GRENEN & BIRSIC, P.C. DBV 262 Page 1381 Tax Parcel No. 10-15-1282-033 Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 t 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S1, Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Dong Chung a/k/a Dong Nyeo Chung 1800 Eliza Way Mechanicsburg, PA 17050 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the CUMBERLAND COUNTY COURTHOUSE COMMISSIONERS HEARING ROOM, 2ND FLORO 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 on June 2, 2010, at 10:00 A.M., the following described real estate, of which Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAE CHUNG, AK/A JAE HONG CHUNG AND DONG CHUNG, A/KA/ DONG NYEO CHUNG, OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THAT CERTAIN REAL ESTATE SITUATED IN HAMPDEN TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING LOT 37 AS SHOWN ON THE FINAL SUBDIVISION PLAN OF THE WATTS TRACT. HAVING ERECTED THEREON A DWELLING KNOWN AS 1705 ADELINE DRIVE, MECHANICSBURG, PENNSYLVANIA 17050. DEED BOOK 262, PAGE 1381, TAX PARCEL NO. 10-15-1282-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of US Bank National Association As Trustee for JP Morgan 2005-51, Plaintiff, VS. Jae Chung a/k/a Jae Hong Chung and Dong Chung a/k/a Dong Nyeo Chung, Defendants. at Execution Number 08-4018 in the amount of $535,076.59. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. B"?' 'r 1Lt c ,?' Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA US BANK NATIONAL ASSOCIATION as Trustee for JP MORGAN 2005-S 1, CIVIL DIVISION Plaintiff, VS. JAE CHUNG, a/k/a JAE HONG CHUNG and DONG CHUNG, a/k/a DONG NYEO CHUNG, Defendants. NO.: 08-4018 LONG FORM DESCRIPTION ALL that certain parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in 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 eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on the above said plan; thence along Adeline Drive the following three (3) courses and distances; l) 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 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 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 I September 7, 2000 and recorded September 15, 2000 in the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002. UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pinehurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. GRENEN & BIRSIC, P.C. By: -? Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 DBV 262 Page 1381 Tax Parcel No. 10-15-1282-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA)' NO 08-4018 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due US BANK NATIONAL ASSOCIATION, as Trustee for JP MORGAN 2005-S1, Plaintiff (s) From JAE CHUNG a/k/a JAE HONG CHUNG and DONG CHUNG a/k/a 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 $459,100.01 Interest from 8/18/08 to 6/2/10 -- $75,976.58 L.L. Atty's Comm % Atty Paid $1,600.23 Plaintiff Paid Date: 2/26/2010 (Seal) REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC 1 GATEWAY CENTER, 9TH FLR PITTSBURGH, PA 15222 Due Prothy $2.00 Other Costs L David D. Buell, Prothon tary By: Deputy Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 +: s On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA, Known and numbered, 1705 Adeline Drive, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Rea state Coordinator b I :b b Z 1 8*1 010Z 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: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. 7>9k' )4,-- 6v-- (J a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS ARLBI.E aORONotaM.ry Pubk CUMBERLAND COUNTY My CoaftWon Erin: Apt 20.2014 Writ N. 29"4010 Oka US Bank National Association as Trustee for JP 16 - - 200 5-S 1 rs. Jae Chung a/k/a Jae Bong Chung Dong Chung a/k/a Dong Nyeo Chung Atty: Kristine M. Anthou ALL that certain parcel of land located in the Township of Hamp- den, County of Cumberland, State of Pennsylvania in accordance with y a plan entitled "Final Subdivision Plan for Watts Tract", dated August,,; 19, 1999 and last revised July 25, 2000. Said parcel being more fully de- scribed as follows: BEGINNING at an iron pin to be set, located along the eastern right- of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on 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 hav- ing 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 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 north- ern right-of-way line of Smith Drive (T-600); thence along Smith Drive, South 76 degrees 11 minutes 28 sec- onds 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 229.71 feet to an iron pin to be set at the dividing line between Unit 36 and 37 the elate of BEGINNING. V`i'v!t?Ct:1 :?6iA,itt3fiiA9?.e; ?i?3t.i«A(%F} _`s.izi.iS+a:? CONTAINING 0.721 acres oi 31,388 square feet more or less. SUBJECT to all covenants and agreements of record. BEING lot 37 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 Plan Book 81, page 99. UNDER AND SUBJECT to the Declaration of Pinehurst Hills, a Planned Community, dated Septem- ber 7, 2000 and recorded September 15, 2000 in the Cumberland County Recorder of Deeds Office in Miscel- laneous Book 654, page 1002. UNDER AND SUBJECT to restric- tions, reservations, conditions and easements of record. BEING the same property which Pinehurst Hills, L.P., a Pennsylvania limited partnership, granted and con- veyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds Office, Cumberland County, Pennsylvania at Deed Book 262, Page 1381. DBV 262. Page 1381. Tax Parcel No. 10-15-1282-033. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c?l1e atriotwXtw s 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 04/30/10 Sworn to acrd s scribed before me this 1ay f May, 2010 A.D. V f - Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial seal Sherrie L Klsner, Notary public Lower Paxton Twp., Dauphin County MY CommL"on Expires Nov. 26, 2011 Member, Pennsylvania Assoclation of Notaries Writ No. 20084018 Civil Term US Bank National Association as Trustee for JP Morgan 2005- S1 vs. Jae Chung alkda Jae Hong Chung Dong Chung Wide Dong Nyeo Chung Atty; Kristine M Anthou ALL THAT CERTAIN parcel of land located in the Township of Hampden, County of Cumberland, State of Pennsylvania in accordance with a plan entitled `Tinal 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 beset, located along the eastern right-of-way line of Adeline Drive at the dividing line between Unit 36 and Unit 37 as shown on the above said plan; thence along Adeline Drive the following three (3) courses and distances; l) 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 fight having aradius of 250.00feet, 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 22 minutes 06 seconds East, 85.53 feet, to a point; 3) South 10 degrees 05 minute's 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 he between Unit 36 and 37 the place of BEGINNING. CONTAINING 0.721 acres or 31,388 square feet more or less. SUBJECT to all covenants and agreements of record.. . BEING lot 37 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, 2010 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 the Cumberland County Recorder of Deeds Office in Miscellaneous Book 654, page 1002., UNDER AND SUBJECT to restrictions, reservations, conditions and easements of record. BEING the same property which Pinehurst Hills, L.P., a Pennsylvania limited partnership, granted and conveyed to Jae Hong Chung and Dong Nyeo Chung, by Deed dated March 18, 2004 and recorded March 31, 2004 in the Recorder of Deeds OHice,.Cumberland County, Pennsylvania at Deed Book 262, Page 1381. Tax Parcel No. 10-15-1282-033 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 MOYER & PLETCHER DEV GROUP LLC is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 26TH day of FEB, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 4018, at the suit of JP MORGAN 2005-S I TR against JAE CHUNG AKA JAE HONG CHUNG & DONG CHUNG AKA DONG NYEO CHUNG is duly recorded as Instrument Number 201021940. IN TESTIMONY WHEREOF, I hay ereunto set my hand and seal of said office this 9. day of A.D. _a76 IC Recorder of Deeds 0~4