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HomeMy WebLinkAbout09-0624 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. l "O DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SFRVICF HEREOF 1'TOR EY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drivc Columbus, Of 143219 AND THE DEFENDANT IS: 135 Troy Circle Enola, PA 17025 ?1? e-v- Uc- L f6 iLC/t --- - Al°r( FY FOR PLAIN I IFF CERTIFICATE: OF LOCATION I HEREBY CERTIFY' 'I HAT THt: LOCATION OF THE REAL. ESTATE: Al Fl:CT1 D 13Y PHIS LIEN IS 135 Troy Circle East Pennsboro Twp. _ (CITY, BORO, TOWNSHIP WARD) TTTRNMOR PLAINTIFF CIVIL DIVISION NO.: Oq - L9a,4 "TYPE OF PLEADING ci,; 1-1 -., CIVIL ACTION-COMPLAINT IN MORT'GAGI; FORECLOSURI: FILED ON BF.,HALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. 477991 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 CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. NO.: 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 I11RE A LAWYER, "1-111S OFFICE: MAY BE ABLE TO PROVIDE YOU WITI1 INFORMATION ABOUT AGENCIES T1IAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE'F OR NO FEI:. 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 CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CIIASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 0 q - 6 a `I C- -ij vs. JAMES M. GANT, III, Defendant. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 Defendant, James M. Gant, Ill, is an individual whose last known address is 135 Troy Circle, F,nola, Pennsylvania 17025. 3. On or about April 1, 2008, Defendant executed a Note in favor of Ilomebridge Mortgage Bankers Corp, d/b/a Refinance.com in the original principal amount of $147,428.00. 4. On or about April 1, 2008, as security for payment of the aforesaid Note, Defendant made, executed and delivered to Mortgage Electronic Registration Systems, Inc, as Nominee for I lomebridge Mortgage Bankers Corp, d/b/a Refinanee.com a Mortgage in the original principal amount of $147,428.00 on the premises hereinafter described, said Mortgage being recorded in the Office of'thc Recorder of Deeds of Cumberland County on June 2, 2008 in Instrument Number 200817994. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. Mortgage Electronic Registration Systems, Inc, as Nominee for I Iomebridge Mortgage Bankers Corp, d/b/a Refinance.com assigned all of its right, title and interest in and to aforesaid Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage. 6. Defendant is the record and real owner of the aforesaid mortgaged premises. 7. Defendant is 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. Defendant is due for the July 1, 2008 payment. 8. On or about September 1, 2008, Defendant was mailed a combined Act 91 and Act 6 Notice, 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 1'. S. 101, et seq. 9. The amount due and owing Plaintiff by Defendant is as follows: Principal S 147,3 12.99 Interest to 01 /07/2009 S 6,466.46 Late Charges to 01/07/2009 S 254.40 Escrow Deficiency to 01/07/2009 $ 327.54 Corporate Advances $ 42.00 Attorneys' Fees $ 1,300.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $1 58,203.39 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $158,203.39 with interest thereon at the rate of $29.26 per diem from January 7, 2009, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN AT'T'EMPT TO CO1,LI:C1' A DEBT, AND ANY INFORMATION OBTAINED WILL 13E USED FOR THAT PURPOSE. 5 0 6 MIN: 100271100000907681 Loan Number: M080340831 NOTE PHA CASE NO. 441-•8211968-703 APRIL 1, 2008 [Datel 135 TORY CIRCLE, ENOLA, PENNSYLVANIA 17025-2692 [Property Addressl 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means HOMFBRIDGE MORTGAGE BANKERS CORP DBA REFINANCE.COM, A CORPORATION and its successors and assigns. 2. BORROWER'SPROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED FORTY-SEVEN THOUSAND FOUR HUNDRED TWENTY-EIGHT AND 00/100 Dollars (0.S.$ 147,428.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of SEVEN AND 250/1000 percent ( 7 . 2 5 0 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that Is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects (lie Lender from losses which might result if Borrower defaults under (his Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JUNE, 2008 . Any principal and interest remaining on the first day of MAY, 2038 will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at 60 OAK DRIVE, SYOSSET, NEW YORK 11791 or at such outer place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and Interest will be in the amount of U.S. $ 1, 005 . 72 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items In the order described in the Security Instrument. (D) Allonge to this Note for Payment Adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as If the allonge were a part of this Note. (Check applicable box.) ? Growing Equity Allonge ? Graduated Payment Allonge ? Other [specify) 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. MULUSTATE-FHA FMD RATE NOTE (6196) D--m Spl-. Inc. (BOO) 649-1362 Page I of 2 0 0 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR AND 000/1000 percent ( 4.000 ;o) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of lice principal balance remaining clue and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require Immediate payment in full In the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used In this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower 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 Lender to dernand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be giver, to Borrower under this Note will be gives: by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, 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 these 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. Y SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages 1 and 2 of this Note Seal ( ) /-ES M. GANT, III -Borrower -Borrow er (Seat) (Seal) Borrower -Borrower - -- (Seal) (Seal) -Borrower -Burrower EP1Y TO ME CFM CF: JP MORGAN CHASE BANK, NA W0377I' fT131IZSJ CC12P 1M RUMRM.(- A CN SY: f . Pay to the order of M: Stanley Dziejma, S=Iaiy Wdhout Recourse PMorgan Chas B , N.A. -Miller Authorized Assistant Secreta MULTISTAIT-FHA FDMD RATE NUrE (6/96) D...... n sy,ca-. c- (ew) sas.casz Page 2 of 2 Return to: SovervIgn Title Partners LLC 15,15 South Federal Highway Suite 403 Boca Raton F133432 Prepared by: Maria Camp This Instrument Prepared By: After Recording Return To: HXERIECE 1 ENNKERS CIRP 13A REFMQ\TE.CI.I 60 CAK ERNE Ste, NB4 )UK 11791 Ian NI beC': MD80340831 Uniform Parcel Identifier Number: 09-14-0835-271 Property Address: 135 TORY CIRCLE ENOLA, PENNSYLVANIA 17025-2692 (Space Above This Line For Recording Data) MIN: 100271100000907681 MORTGAGE L)f)c, il oAd-1 4 lFHA CASE NO. 441-8211968-703 THIS MORTGAGE ("Security Instrument") is given on APRIL 1, 2008 The mortgagor is JAMES M. GANT, III ("Borrower"), This Security Instrument Is given to Mortgage Electronic Registration Systems, Inc. ("MERS") (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501- 2026, tel. (888) 679-MERS. HOMEBRIDGE MORTGAGE RWKERS CORP DBA REFINANCE. COM, A CORPORATION ("Lender") is organized and existing under the laws of NEW YORK and has an address of 60 OAK DRIVE, SYOSSET, NEW YORK 11791 Borrower owes Lender the principal sum of ONE HUNDRED FORTY-SEVEN THOUSAND FOUR HUNDRED TWENTY-EIGHT AND 00/100 Dollars (U.S. $ 147, 428 . 00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 1 , 2 0 3 8 FHA PENNSYLVANIA MORTGAGE - MERS DOCMagiC 'EIrC.'Ff1Q(7ET°r 800.649•736Z 6196 Page 1 of 10 www.docma_qic.com This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) file 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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS the following described property located in CUMBERLAND County, Pennsylvania: SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A". which has the address of 135 TORY CIRCLE [Street] ENOLA , Pennsylvania 17025-2692 ("Property Address"): [City] [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." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. 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 tile 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: l., Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance, and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for Insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in FHA PENNSYLVANIA MORTGAGE - MERS DocMaglc eF 80a649436z 6/96 Page 2 of 10 www.docmagic.com which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (1) a sum for the annual mortgage Insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any lime, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. §2601 et se q. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RE-SPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower lenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b). and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all inslallmenls for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs I and 2 shall be applied by Lender as follows: FIRST, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; SECOND, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; THIRD, to interest due under the Note; FOURTH, to amortization of the principal of the Note; and FIFTH, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender, The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any par( of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or FHA PENNSYLVANIA MORTGAGE - MERS DOCMagIC ?rtFOpD>Y,° 800649.1362 6/96 Page 3 of 10 www.docmagic.com change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. 5. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless the Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, director consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not Included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned In paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement at the Note rate, and at the option of Lender shall be immediately due and payable. 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 secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's t-HA PENNSYLVANIA MORTGAGE - MERS DocMag;c e9bV = 9oo6649-1362 6/96 Page 4 of 10 www.docmagfc.com opinion operate to prevent the enforcement of the lien; 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 may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including section 341(d) of the Garn-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (I) All or part of the Property, or a beneficial interest In a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property, but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 DAYS from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 DAYS from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance Is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current FHA PENNSYLVANIA MORTGAGE - MFRS DocMaglc CFL^17pD¢S 800.649•736z 6/96 Page 5 of 10 www.doemagic.com foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance by Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Burrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or 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 Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower'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 may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice sliall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severabdity, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Properly is located. 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. To this end the provisions of this Security Instrument and the Note are declared to be severable, 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. 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. Borrower shall promptly give Lender written notice of 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances 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. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. FHA PENNSYLVANIA MORTGAGE - MERS DOCMaglc eFeal= 800-649.7362 6196 Page 6 or 10 www.docmaglc.com NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or Invalidate any other right or remedy of Lender, This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose by judicial proceedings and/or invoke any other remedies permitted by applicable law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided or referred to in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. If the Lender's interest in this Security Instrument is held by the Secretary, and the Secretary requires immediate payment in full under paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seg.) by requesting a foreclosure commissioner designated under theAct to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this paragraph 18 or applicable law. 19. 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 die fee is paid to a third party for services rendered and the charging of the fee is permitted under applicable taw. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases 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. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. 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. 23. 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. PENNSYLVANIA MORTGAGE - MERS DocMagic eFM= aooa649-r362 Page 7 of 10 www.docmagrc.com 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. ? Condominium Rider ? Graduated Payment Rider Growing Equity Rider ? Planned Unit Development Rider ? Adjustable Rate Rider ? Rehabilitation Loan Rider ? Non-Owner Occupancy Rider ? Other [Specify] BY SIGNING BELOW, Borrower accepts and agrees to the terms contained In pages 1 through 10 of this Security Instrument and in any rider(s) executed by Borrower and recorded with it. This is a contract under sea[ and may be enforced under 42 Pa. C.S. Section 5529(b). (Seal) (Seal) orrower -Borrower (Seal) -Borrower (Seal) -Borrower Witness: Witness: C? '1 e. ?k Z? Id, b (Seal) -Borrower (Seal) -Borrower FHA PENNSYLVANIA MORTGAGE - MFRS DocMagfc 800-6419.7362 6/96 Page 8 of 10 www.docmagic.com k ' COMMONWEALTH OF PENNSYLVANIA, County ss: (26oztM'Ica"'I On this, the Sfi day of A //I,- a f 4 bD g the undersigned officer, personally appeared JAMES M. GANT, III , before me, known to me (or satisfactorily proven) to be the person whose name /-S subscribed to the within instrument and acknowledged that k A-_ executed tite same for the purpose herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEAL i h OF PENNSYLVANIA Notarfa! Seal Jean Burson, Notary Public Fast Pennsboro Twp., Cumberland County My Commission Fires Jan. 16, 2011 Member, Pennsv+vAnlp n&ssnel9flon of Notarles c.r !- ` Title of Officer My Commission expires: / ll?l? l J. FHA PENNSYLVANIA MORTGAGE - MERS 6/96 Page 9 of 10 DocMagic e'L? soo•649.1362 www.docmagic.com Certificate of Residence of Mortgagee The undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is: P.0 BOX 2026, FLINT MI 48501 Witness my hand this day of J? ?ie I L ZpO? Signature of 's Duly Authorized Attorney or Agent Type or Print Name of Mortgagee or Mortgagee's Duly Authorized Attorney or Agent rn/i rtIVIVJYI_VANJA MUKIGAGE - MERS 6/96 DocMagicQ?17DDP$ e00•649•1362 Page 10 of 10 www.docmagic.com Exhibit "A" ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on aplan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. AND BEING the same property conveyed unto JAMES M. GANT, III, single person, by virtue of Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. r^ . . . r ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $25.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 Instrument Number - 200817994 Recorded On 6/2/2008 At 9:36:28 AM * Total Pages - 12 * Instrument Type - MORTGAGE Invoice Number - 21985 User ID - RAK * Mortgagor - GANT, JAMES M III * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - SOVEREIGN TITLE * FEES Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA ycf CU r'` s9 RECORDER O /DZD S 1750 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. u?iouiPuiRRuu?smu VI:RII'ICATION "indy A. Smith ,Assistant Secretary, and duly authorized representative of Chase I lomc Finance 1.LC, s/b/m/t Chasc Manhattan Mortgage Corporation. deposes and says, subject to the penalties of 18 Pa. C.S.A Scction 4004, relating to unswom falsification to authorities, that the (acts set forth in the lorcgoing Complaint are true and correct to his;'hcr knowicdgc, information and belief. Chase Home Finance L.LC, s/b/m/t /<kInhattan M(Ylgagc Corporation Cindy \ssistant. Secretary n ev 00 ? ;rte t RECEIVED JAN 28 2009 SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00624 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS GANT JAMES M III R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GANT JAMES M III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT GANT JAMES M III NOT FOUND , as to 135 TORY CIRCLE ENOLA, PA 17025 DEFENDANT HAS A PROTECTION FROM ABUSE ORDER AGAINST HIM AND HE IS NO LONGER ALLOWED AT THIS ADDRESS - UNKNOWN WHERE LIVING. Sheriff's Costs: So answers: Docketing 18.00 Service 14.40 --? Not Found 5.00 R. Thom s Kline Surcharge .00 Sheriff of Cumberland County Postage .42 37.82 GRENEN & BIRSIC 02/11/2009 Sworn and Subscribed to before me this day of A.D. ' LO Vr' 3 1 ? ??fq ? ! ?-. ° 1? . L 1 V ? a ? N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION NO.: 09-624 vs. JAMES M. GANT, III, Defendant. TYPE OF PLEADING MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation 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 CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. NO.: 09-624 MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT AND NOW, comes the Plaintiff, Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by and through its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure 430 as follows: On or about February 6, 2009, Plaintiff filed a Complaint in Mortgage Foreclosure against the Defendant, James M. Gant, III, at the above-captioned number and term. 2. On or about February 6, 2009, Plaintiff delivered to the Sheriff of Cumberland County a copy of the Civil Action - Complaint in Mortgage Foreclosure filed by Plaintiff at the above-captioned number and term along with a direction card requesting that the Defendant be served a copy of the Complaint at his last known addresses being 135 Tory Circle, Enola, PA 17025. 3. On or about February 26, 2009, Plaintiff received Notices from the Cumberland County Sheriffs Office indicating that attempts were made to serve the Defendant, James M. Gant, III, with a copy of the Complaint at his last known address being 135 Tory Circle, Enola, PA 17025 but the defendant has a protection from abuse order against him, and is no longer allowed at said address. A true and correct copy of the Sheriffs Return is marked Exhibit "A", attached hereto and made a part hereof. 4. An Affidavit of the Plaintiff stating the nature and extent of the investigation which has been made to determine the whereabouts of Defendant, James M. Gant, III, and the reasons why service of the Complaint in Mortgage Foreclosure cannot be made, is marked Exhibit "B", attached hereto and made a part hereof. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff of Cumberland County to serve Defendant, James M. Gant, III, with the Complaint in Mortgage Foreclosure by posting a copy of the Complaint on the property at 135 Tory Circle, Enola, PA 17025 and permit the Plaintiff to serve the Defendant, James M. Gant, III, by publication in the Cumberland Law Journal, and in a general circulation newspaper. Service of the Complaint shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. GRENEN & BIRSIC, P.C. BY: (/Ttlw C C k'Q?j Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 Exhibit A SHERIFF'S RETURN - NOT FO D CASE NO: 2009-0062 COMMONTWEALTH OF PE YLVANIA COUNTY OF CUMBERLAND CHASE HOME FINANCE LLC VS GANT JAMES M III R. Thomas Kline RECT FEB 2 5 2009 ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GANT JAMES M III but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT , GANT JAMES M III 135 TORY CIRCLE ENOLA, PA 17025 DEFENDANT HAS A PROTECTION FROM ABUSE ORDER AGAINST HIM AND HE IS NO LONGER ALLOWED AT THIS ADDRESS - UNKNOWN WHERE LIVING. Sheriff's Costs: So answers: __- Docketing 18.00 - Service 14.40 Not Found 5.00 R. Thom s Kline Surcharge .00 Sheriff of Cumberland County Postage .42 37.82 GRENEN & BIRSIC 02/11/2009 Sworn and Subscribed to before me this day of A. D. Exhibit B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. AFFIDAVIT PURSUANT TO PA. R.C.P. 430 COUNTY OF ALLEGHENY ) )SS COMMONWEALTH OF PENNSYLVANIA ) Before me, a notary public, in and for the foregoing county and commonwealth, personally appeared Kristine M. Anthou, Esquire, of GRENEN & BIRSIC, P.C. attorneys for Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the exact whereabouts of the Defendant, James M. Gant, III, named in the above-captioned matter: (a) On March 2, 2009, Plaintiff mailed to the United States Postmaster at Enola, PA 17025 a request to be furnished with a forwarding address of Defendant, James M. Gant, III. (b) On March 9, 2009, Plaintiff received a response from the United States Postmaster indicating that the Defendant resides at 135 Tory Circle, Enola, PA 17025. A true and correct copy of that response is marked as Attachment "A", attached hereto and made a part hereof. (c) Examinations were made of the Pennsboro Area Telephone Directory; said examination did not have any listings of the Defendant. (d) Examinations were made of the Cumberland County Voter Registration Records; said examination failed to yield any useful information regarding the whereabouts of Defendant. A true and correct copy of that response is marked as Attachment "B", attached hereto and made a part hereof. (e) A computer records search of a nationwide database indicates that the Defendant resides at 135 Tory Circle, Enola, PA 17025. A true and correct copy of that response is marked as Attachment "C", attached hereto and made a part hereof. Finally, affiant deposes and says that after the foregoing investigation, the exact whereabouts of Defendant, James M. Gant, III, remains unknown to the Plaintiff. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sworn to an subscribed before me this ? day of I&A '2009. Ai?A lam, tary Public COMMONWEALTH OF PENNSYLVANIA NotarW Seel Eftabelh M. Paiano, Notary Pdit Member, Pennsylvania Assodation of Notaries Attachment A Date March 2, 2009 Postmaster Enula, PA 17025 City, State, ZIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a box holder) for the following: Name: James M. Gant, III Address: 135 Troy Circle 0- (or NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): 3. The names of all known parties to the litigation: Chase v. Gant 4. The court in which the case has been or will be heard: Court of Common Pleas of Cumberland County 5. The docket or other identifying number if one has been issued: 09-624 6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. Signaturo) Elizabeth M. Paiano, Paralegal Printed Name Grenen & Birsic, P.C., One Gateway Center, Nine West, Pittsburgh, PA 15222 (412) 281-7650 FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address No such address. 1 POSTMARK NEW ADDRESS OR BOXHOLDER'S NAME and STREET ADDRESS 19 I& iu 1 ?U9 U SP? Attachment B Public Records Page 1 of 1 No Documents Found No documents were found for the search terms entered. You can edit your search and try again, or save it. To edit it, you may want to try one or more of the following: • Check for spelling errors. • Remove some search terms. • Check the "find similar-sounding last names" checkbox. Search: Voter Registrations Search Terms: first-name(James) last-name(Gant) street address(135 Tory Circle) city(Enola) zip code(17025) I Now Search r LE'X1SNXIS`;, A..bo,t Lex.iSNexis I Terms & Con.ditio.ns I Contact Us Cop rht_ 2008 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. Response tirne: 5e(:on[1'.: Riag.Framework, Wet) vI 0.2908.132S8 https://r3 .lexis. com/lexisprmaiNoDocuments. aspx?request=70053 a6c-da47-4a72-84eb-bOe... 3/24/2009 Attachment C 1 OF 1 RECORD(S) FOR INFORMATIONAL PURPOSES ONLY Copyright 2008 LexisNexis a division of Reed Elsevier Inc. All Rights Reserved. Full Name Address County Phone GANT III, JAMES 135 TORY CIR APT 171 CUMBERLAND None Listed MAYNARD ENOLA, PA 17025-2692 Subject Summary Name Variations 1: GANT, DESESCA S 2: GANT, JAMES 3: GANT III, JAMES M 4: GANT 3, JAMES M 5: GANT, JAMES M 6: GANT III, JAMES MAYNARD 7: GRANT, DESESCA DOBs Reported DOBs: 2/19602/1960 Address Summary -11 records found for subject. No. Address 1: 135 TORY CIR APT 171 ENOLA, PA 17025-2692 CUMBERLAND COUNTY 2: 35 TORY CIR ENOLA, PA 17025-2656 CUMBERLAND COUNTY 3: 5266 WINDING WAY HARRISBURG, PA 17109-6343 DAUPHIN COUNTY 4: 2915 BUTLER ST HARRISBURG, PA 17103-2140 DAUPHIN COUNTY 5: 2914 BUTLER ST HARRISBURG, PA 17103-2139 DAUPHIN COUNTY 6: 2501 MARYLAND RD APT H5 WILLOW GROVE, PA 19090-1850 MONTGOMERY COUNTY 7: 7724 WAGNER WAY ELKINS PARK, PA 19027-1028 MONTGOMERY COUNTY 8: 7406 CEDAR LN PHILADELPHIA, PA 19126 PHILADELPHIA COUNTY 9: 2724 WAGNER WAY Page 1 No. Address PHILADELPHIA, PA 19117 101 COUNTY 10: 2501 MARYLAND RD APT 110 WILLOW GROVE, PA 19090-1818 MONTGOMERY COUNTY Page 2 11: 1561 RESERVOIR AVE ABINGTON, PA 19001-1626 MONTGOMERY COUNTY CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court and Order of Court was mailed to the following on this _ day of /lCL11'c 2009, by first-class, U.S. Mail, postage pre-paid: James M. Gant, III 135 Tory Circle Enola, PA 17025 GRENEN & BIRSIC, P.C. BY: 14? KAnthou, Esq w ire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 - 7 tn 7 1 _ ` j t a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. CIVIL DIVISION NO.: 09-624 ISSUE NUMBER: TYPE OF PLEADING: AMENDMENT TO MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT CODE- FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. ID #77991 GRENEN & BIRSIC, P.C. One Gateway Center Nine West Pittsburgh, PA 15222 (412) 281-7650 /? 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. AMENDMENT TO MOTION FOR SERVICE OF COMPLAINT IN MORTGAGE FORECLOSURE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its attorneys, GRENEN & BIRSIC, P.C., and files the within Amendment To Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court: On or about March 30, 2009, Plaintiff filed a Motion for Service of Complaint in Mortgage Foreclosure Pursuant to Special Order of Court. 2. Pursuant to Cumberland County Local Rule 208.3(a)(2), no Judge has ruled upon any other issue in this case or any related matter. Pursuant to Cumberland County Local Rule 208.3(a)(9), the Defendant is pro se and not attorney has entered an appearance of record on behalf of the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court direct the Sheriff of Cumberland County to serve Defendant, James M. Gant, III, with the Complaint in Mortgage Foreclosure by posting a copy of the Complaint on the property at 135 Tory Circle, Enola, PA 17025 and permit the Plaintiff to serve the Defendant, James M. Gant, III, by publication in the 4 Cumberland Law Journal, and in a general circulation newspaper. Service of the Complaint shall be deemed complete and valid upon posting by the Sheriff and mailing by the Plaintiff. GRENEN & BIRSIC, P.C. BY: v C, Kristine M. Anthou, Esquire Pa. ID #77991 One Gateway Center, 91" Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CIVIL DIVISION CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Amendment to Motion for Service of Complaint in Mort age Foreclosure Pursuant to Special Order of Court was mailed to the following on this_ day of 2 , 2009 by first class mail postage prepaid on the following: James M. Gant III 135 Tory Circle Enola, PA 17025 GRENEN & BIRSIC, P.C. BY: --/-< k .)(. i_ ic Kristine M. Anthou, Esquire PA ID #77991 Attorneys for Plaintiff One Gateway Center, 9`h Floor Pittsburgh, PA 15222 (412) 281-7650 F( FFf --Q, j i"I OF THE. r'` ' "•;~TRRY 2009 APR --9 Ail 11= 34 ryr; ? u r MAR 3 1 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC, s/b/m/t CIVIL DIVISION CHASE MAN] IATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 vs. JAMES M. GANT, III, Defendant. ORDER OF COURT AND NOW, to wit, this ___ 15-'-_ day of -------- 2009, upon consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, James M. Gant, III with a true and correct copy of Plaintiff's Complaint in Mortgage Foreclosure by posting the property at 135 Tory Circle, Enola, PA 17025 and Plaintiff is permitted to serve Defendant by publication in the Cumberland Law Journal and in a general circulation newspaper. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff and publication by the Plaintiff: BY THE COURT: oa ??. o L ' CAD ni ,y c :v N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, VS. TYPE OF PLEADING JAMES M. GANT, III Praecipe to Reinstate Civil Action - Complaint in Mortgage Foreclosure Defendant. FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation 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 CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 vs. Plaintiff, JAMES M. GANT, III, Defendant. PRAECIPE TO REINSTATE CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: PROTHONOTARY SIR: Kindly reinstate the Civil Action - Complaint in Mortgage Foreclosure with respect to the above-referenced matter and mark the docket accordingly. GRENEN & BIRSIC, P.C. BY: Kri ine M. Anthou, Esquire Attorneys for Plaintiff L.:J ILI c IT+ ?14?1?. ?"j OF 2 009 APR - PH r2: s #4 o. C!Q P Ra WTry e.k,?' !o$?tsq Sheriffs Office of Cumberland County R Thomas Kline V'Otr of C U1nb,r? Edward L Schorpp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy oFfcE OF THE SHERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/27/2009 07:39 AM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 27, 2009 at 1939 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James M. Gant, III pursuant to Order of Court by posting the premises located at 135 Troy Circle, Enola, Cumberland County, Pennsylvania, 17025, with a true and correct copy of the same according to law. SHERIFF COST: $46.60 April 28, 2009 Docket No,. 2009-624 Chase Home Finance v James Gant, III SO ANSWERS, R 7f:' SHERIFF D uty Sheriff - C3 C ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION NO.: 09-624 TYPE OF PLEADING cn c.- ~ ` `~ r c _. ~ 1`+~ ~" ~ - - - c ~. ~ -~. vs. JAMES M. GANT, III, Defendant. Proof of Service FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation 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 CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. NO.: 09-624 PROOF OF SERVICE Kristine M. Anthou, Attorney for Plaintiff, Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs Complaint in this matter on Defendant, James M. Gant, III: 1. Pursuant to Order of Court dated April 15, 2009, service of the Complaint in Mortgage Foreclosure upon identified Defendant was deemed complete and valid upon posting of a copy of the Complaint at the property located at 135 Tory Circle, Enola, PA 17025 and by publication. A true and correct copy of said Order of Court is marked Exhibit "A", attached hereto and made a part hereof. 2. On or about April 27, 2009, the Sheriff of Cumberland County posted the Complaint on the property located at 135 Tory Circle, Enola, PA 17025. A true and correct copy of the Return of Service is marked Exhibit "B", attached hereto and made a part hereof. 3. On or about May 15, 2009 and May 19, 2009, Notice of the Complaint was published in Cumberland Law Journal and The Sentinel, respectively. Trine and correct copies of the Proofs of Service are market Exhibit "C". 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. Faust, Esquire Attorneys for Plaintiff One Gateway Center, Nine West Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THISDAY OF ~. 2010. Notary Public COvliv-oNW~ML~H CiF PAN ANIA Notarial Seal Efi7abettt AA. Paiano, Notary PubNc City Of PltiSburgt~, Aliegtteny County ~ Ca~nrr~sior- E~ires tan. 6, 2012 Member, Pennsylvania Assoc'saticn of Notaries EXHIBIT "A" MAR 312008 Gi [N '1'I lE CO[1R"r OF COMMON PLEAS OF C[1MBF,RLAND COUNTY PENNSYLVANIA CEIASI: IIOMI FINANCI LLC, s/b/m/t CIVIL DIVISION CI-IAS1 MANIIA"1'"CAN MOR1'GAGL-' CORPORATION, ~ NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. ORD1~;R OF COURT AND NOW, to wit, this __ /5 ~ day of ~nA/ ___ 2009, upon consideration of the within Motion for Service of the Complaint in Mortgage Foreclosure Pursuant to Special Order of Court, it is hereby ORDERED, ADJUDGED and DE?CREED that the Sheriff of Cumberland County is hereby directed to serve Defendant, James M. Gant, III with a true and correct copy of Plaintiff's Complaint in Mortgage I~oreclosure by posting the property at 135 "Tory Circle, Enola, PA 17025 and Plaintiff is permitted to serve Defendant by publication in the Cumberland Law Journal and in a general circulation newspaper. Service on the Defendant shall be deemed complete and valid upon posting by the Sheriff and publication by the Plaintiff: BY "I'I {I: CO[1RT: ~I J. EXHIBIT "B" Sr ~~ffs Office of Cumberland Co- ~y R Thomas Kline ~Qa~itr of ~u~nbrr~~f`a Edward L Schorpp Sheriff ~ Solicitor ~S,A 4~L., ;+ . Ronny R Anderson Jody S Smith Chief Deputy o~~c~ cr~~E &~sR~FF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 04/27/2009 07:39 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 27, 2009 at 1939 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: James M. Gant, 111 pursuant to Order of Court by posting the premises located of 135 Troy Circle, Enola, Cumberland County, Pennsylvania, 17025, with a true and correct copy of the same according to law. SHERIFF COST: $46.60 SO ANSUVE S, ~ . A April 28, 2009 R T$ KL~NE, SHERIFF ty Sher Docket No,. 2009-624 Chase Home Finance v James Gant, III RFt`'~ M ~`I r. ~ 9c1R EXHIBIT "C" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIBED before me this 15 day of May, 2009 Notary NOTi~RI DEBOR~Ji A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Division NO.: 09-624 CHASE HOME FINANCE LLC s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff vs. JAMES M. GANT, III, Defendant NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You aze wazned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (8,00) 990-9108 May 15 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13~, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): May 19, 2009 COPY OF NOTICE OF PUBLICATION @-~IESiQl1BIS?L~P; ~~SaECUMBt~RLAd~~ O~fiOME FM1lWCE Lic, sAtlmlt c+v~. olvlstON O ptl1PIHA77AN NtORT©Af~E CORPORATION NO.: 09-624 Plaintlfl, i ~a. JAfr ~. CiAN'T, 116 Detertdattt. Notice If ypy n-sh°tp defend, you must enter a wt~ttep appearartca Personally or by iA wrung with the court. You atlefltoY and Hle your defenses or p~eotbru . ro¢oed without you and a are wemod that #.you tail to do sa the csso meY P )crd~tpent may be entered against you wiU+out further notice for the relief ~~~ttryg py~ttiff. You may baemoney or propsrtyvcother rights important fn You. YOU SHOT ~~E~ ~~, ~O TO OR TElEP1iONE THE OFFICE SET ~~ . IF2~YpU 1MITH INFORMATION ABOUT HIRtNC, A LAWYER. IF AY~ TO pROVtDE YOU W T~f{~ff3Ft7~ATK3 A84t1T AGENCIES E THAT A6AY OFFIrER LEQAL gE#1VICES 70 ELIQISLE PERSONS AT A f~DUCED FEE OR fiO fEE. Cumberland County Bar Association 32 Second Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 99D-9108 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this D ~a~~ ~~ Notary Public My commission expires: WMMOtvwt~±~.fHOh r'EYVNSrt~~: -.:•.. NOTARWL &EAL 814hIB! ANMiI FIECI~DORN; NotBfy Public Camp H~! 9oro., Cutr>be-iand County riq~; ~^r?m~-„~~~~„n Expires January 27 10 CERTIFICATION OF SERVICE The undersigned hereby certifies that a true and correct copy of the within Proof of Service was mailed by U. S. First Class Mail, postage pre-paid, on the ~ t~-N,~ Day of ~~ , 2010, to the following: James M. Gant, III 135 Tory Circle Enola, PA 17025 Grenen & Birsic, P.C, Kristine M. Anthou, Esquire Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL~yAI~ ~_, ~`~' r_ ~ ~. ~t~ ~ :~ n7~ ~ CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION '~ _.` N ~~ CHASE MANHATTAN MORTGAGE "-~~ ~ ' ~ ~'~ `=~', CORPORATION, ;;~ ~ ~ ~ "r ~~~ `..~-~. NO.: 09-624 ~ ~=_ Plaintiff, ~ ~ -c vs. TYPE OF PLEADING JAMES M. GANT, III, PRAECIPE FOR DEFAULT JUDGMENT Defendant. (Mortgage Foreclosure) I hereby certify that the address of Plaintiff is: 3415 Vision Drive Columbus, OH 43219 FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation the last known address of Defendants is: 135 Troy Circle Enola, PA 17025 GRENEN &BIRSIC, P.C. Attorneys for- laintiff 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 ~~ ~~ ~3~ l~C'~ a~yay~- ~~~~~ ~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, James M. Gant, III, in the amount of $175,975.78, which is itemized as follows: Principal $146,845.97 Interest to 06/23/10 $ 18,630.99 Late Charges to 06/23/10 $ 558.21 Escrow Deficiency to 06/23/10 $ 5,379.34 Corporate Advances $ 2,007.24 Unapplied Funds -($ 1,245.97) Attorneys' Fees $ 1,300.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $175,975.78 with interest on the principal sum at the rate of $29.26 per diem (as may change from time to time in accordance with the terms of the Note) from June 23, 2010, 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. 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 Defendant was 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 copy. ~~~~ t/~~ Sworn to and subscribed before me this -~ day of 2010. C~ ~ ,~ ~ otary Public COMMONWEALTH OF PENNSYLWANIA Notarial Seal EC¢abeih M. Palano, Notary Public City Of Pitt ugh, Agephany County My Corrirr~siort l,~ires Jan. 8, 2012 Member, Pennsylvania AssoClatlon of Notarlea 0 IN THE COURT OF COMMON PLEAS OE CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, vs. JAMES M. GANT, III, Defendant. TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 DATE OF NOTICE: June 9, 2009 NO.: 2009-624 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. B .~~~~,~ ~ . ~~~~ y• ~. Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 vs. JAMES M. GANT, III, Defendant. NOTICE OF ORDER. DECREE OR JUDGMENT TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 ( )Plaintiff (XX) Defendant ( )Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ~D~~~/6 ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $175,975.78 with interest on the principal sum at the rate of $29.26 per diem (as may change from time to time in accordance with the terms of the Note) from June 23, 2010, 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. Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION l?!! Fn ?h "-1GE "Apy PRAECIPE FOR WRIT OF EXECUTION - ..? tt x ((., 2• . 114 .._ F 1 i J i i f L" Caption: ( ) Confessed Ju?V?nt vi Chase Home Finance LLC, s/b/m/t Chase ( ) Other FEN N%S-ILWM Manhattan Mortgage Corporation ; File No. 09-624 VS. Amount Due $175,975.78 James M. Gant, III Interest $6,707.66 Atty's Comm Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned 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 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 matter to the Sheriff of CUMBERLAND for debt, interest and costs, upon the following described property of the defendant(s) County, 135 Troy Circle, Enola, PA 17025 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND 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 defendant(s) described in the attached exhibit. Date 9 ?r o 40oo P A A?t^f e.BF 311.8.2 7a, ??a.oo 1o.0o 0 ?e Co 14-oo .5o LL a.sa N a.t3.44 a, -A4 ATry Signature: Print Name: Kristine M. Anthou Address: Attorney for: Telephone: e'*lagata Supreme Court ID No.: Grenen & Birsic P.C. One Gateway Center, 9th Floor, Pittsburgh, R,A? 5222 Plaintiff (412) 281-7650 77991 (over) Notes: If real property, supply six copies of description including improvements and an original and copy of affidavit of ownership (PaR.C.P. No. 3129). If lengthy personalty list, supply four copies of list. To index writ, file separate praecipe with writ. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs..,. 1 JAMES M. GANT, III, ?? Defendant. PRAECIPE FOR WRIT OF EXECUTION = (MORTGAGE FORECLOSURE) TO: Prothonotary SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendant, James M. Gant, III, as follows: Amount Due $175,975.78 Interest from 06/23/10 to sale $ 6,707.66 TOTAL $182,683.44 GRENEN & BIRSIC, P.C. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 vs. T y ?? JAMES M. GANT, III, -cDefendant. ?. G; . w? -,cry ?" i"? i'.J ate AFFIDAVIT OF NON-MILITARY SERVICE 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 Defendant was not in the military service of the United States of America to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of 2010. A4 otary Public COMMQNWEALTFI of PENNSYLVANIA Notarial seal il4001rm Elizabeth M- Cagnon, Nota ?+ of Pittsburgh, AIIeghe"Y My Commission rec ]an. Member, Pennsvivanla AS5OUGn of IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 vs. JAMES M. GANT, III, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS" `?f~ ,.?rri COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 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 owner of the property located at 135 Troy Circle, Enola, PA 17025 is, Defendant, James M. Gant, III, who resides at 135 Troy Circle, Enola, PA 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE MR I HIS A DAY OF"% - A , 2010. Notary Pub is COMMpN EAi.TM OF PENNSYLVANIA Nobuiai seal Elizabeth M. Cagnon, Notary Public Cloy of pi tsburgh, AlkphenY Q'Ity MY Commission fires )an. 6 1012 Member. Pennsvivania AssodBtlt>n 8 NOtarlls IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. CIVIL DIVISION NO.: 09-624 n Kyp Uri' r _ ov C . . ti 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 CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about September 1, 2008, Defendant was mailed a combined Act 91 and Act 6 Notice, 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. SWORN TO AND SUBSCRIBED BEFORE ME THIS = 1t 1 DAY OF , 2010. '_Notary Public J Notarial Seal f1l ablth M. Cagnon, Notary Public M10 aitgburph, Allegheny County t?IMfll'nI 1 Jan. 6 2012 LTM OF PEwNSYI.vnNU? f. "14" Association NOW IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 vs. JAMES M. GANT, III, - a } n Defendant. ! AFFIDAVIT PURSUANT TO RULE 3129.1 = = ?rn COMMONWEALTH OF PENNSYLVANIA }- ) SS: COUNTY OF CUMBERLAND ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TROY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of the owner or reputed owner: James M. Gant, III 135 Troy Circle Enola, PA 17025 r ? 2. The name and address of the defendants in the judgment: James M. Gant, III 135 Troy Circle Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: 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 unsworn falsification to authorities. X2.1 ?- Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN to and subscribed before me this -qqn_ day of , 2010. Notary Public COMMONWEALTH OF PENNSYLVANIA NOMM111 Seal Elizabeth M. Cagnon, Notary Public city of Pittsburgh, All/gh" COUnty My Commission t rMr )f1A, b 2032 Member: Poh"vial i ASYMOINCHI 01 Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, r Defendant. ' _-- t?3 NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 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 Floor 1 Courthouse Square Carlisle, PA 17013 on December 8, 2010, at 10:00 A.M., the following described real estate, of which James M. Gant, III is the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TROY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. James M. Gant, III, Defendant, at Execution Number 09-624 in the amount of $182,683.44. 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; Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. JAMES M. GANT, III, Defendant. NO.: 09-624 LONG FORM DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. GRENEN & BIRSIC, P.C. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-624 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From JAMES M. GANT, III (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 $175,975.78 Interest -- $6,707.66 Atty's Comm % Atty Paid $213.42 Plaintiff Paid Date: 9/10/10 (Seal) REQUESTING PARTY: L.L.$.50 Due Prothy $2.00 Other Costs vid D. Bu71rothonotary By: Deputy Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, 9T" FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION " CHASE MANHATTAN MORTGAGE z~ ~„a ~ CORPORATION, ..A ~ ~ -~"' -~ E~6 ~~ ` ~ ~ N0.:09-624 Plaintiff, ~#`= --~ ~~~' s-- -~+ i "~s~ - ~ -,-i JAMES M. GANT, III, a~ ~ ~.~ =~~ °" -` ~« :.~, ~ --~ Defendant. AMENDED AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 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 owner of the property located at 135 Tory Circle, Enola, PA 17025 is, Defendant, James M. Gant, III, who resides at 135 Tory Circle, Enola, PA 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS - t l ~-DAY OF OG~D~(L~ ~~ , 2010. otary Public COMMONWEALThi 0 ~ NNE MANIA Elizabeth M. Gagnon, Notary Public ~,cy of Pittsburgh, Allegheny County MY Commission Expires ]an. 6, 2012 Men-btr. pM;h„sv~drnla +4sseeiatien of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. CIVIL DIVISION _ ~.~ r., ,~ ~ ~ -~a : ~ ~~ ~ , - 09-624 ~ > ~ NO ~ `~= c .. .r~ --. a ~.~~ °n ~.. ~..~ ~ ~+ 1 ~__ ~, .~ AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of the owner or reputed owner: James M. Gant, III 135 Tory Circle Enola, PA 17025 2. The name and address of the defendants in the judgment: James M. Gant, III 135 Tory Circle Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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 maybe 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 maybe 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 unsworn falsification to authorities. ,J ~~~- Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN to and subscribed before me this y~ day of ~~ , 2010. C~ Notary Public ~pMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Ep~betk~ M. Gagnon, Notary ph, p} pigsburgh, pitegheny County My Commission res San. 6 Nip2tAriss Member. Plnnovlv4ryl~ _ ~ U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, SB/M/T CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, CIVIL DIVISION NO.: 09-624 1 r"F C) r E5 -,? TYPE OF PLEADING y ° a o SUPPLEMENTAL AFFIDAVI c T' E5 o r,r PURSUANT TO RULE 3129.1 Defendant. SALE DATE: De er 8, 2010 too AD -?A FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation 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 CHASE HOME FINANCE LLC, SB/M/T CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, vs. JAMES M. GANT, III, Defendant. NO.: 09-624 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at 135 Tory Circle, Enola, PA 17025, and is more fully described as follows ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: East Pennsboro Township, c/o Henry F. Coyne, Esquire, 3901 Market Street, Camp Hill, PA 17011; East Pennsboro Township, c/o Joseph A. Curcillo, III, 3964 Lexington Street, Harrisburg, PA 17109; East Pennsboro Township, 98 S. Enola Drive, Enola, PA 17025 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 _1--fTbl?) DAY OF 2010. 10A I L4 ai) o Notary Public' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Jan. 6 2012 MQmhF° Pz?nn„ ,vania AWClatlofl tf!Notarles ------------- g, POSTAL SERVICE CERTIFICATE OF MAILING f? . D INTERNATIONAL MAIL. DOES NOT AY BE USED FOR DOMESTIC AN ROVIDE FOR INSURANCE-POSTMASTER Received From: Gr n n Birsi P.C. Pittsbur h PA 15222 n Gatewa Center 9"' Floor or. F" of ordinary mail addressed to. boro Township Enola Drive 25 LEnolia, PS Form 3817, Janu ary 2001 MKIL, MAY BE USED FOR DOMESTIC AND INTERNATIONAL o 4 PROVIDE FOR INSURANCE-POSTMASTER Received From: w ter' Grenen & Bi sic P.C. . ,; PA 15222 Center 9"' Floor. Pittsbur h ' ', i One Gatewa r l 3 1 a piece of ordinary mail addressed to: One .. L ` ` ? -.. J t/.fa ?JIS . ? i East Pennsboro Township c/o Henry F. Coyne, Esquire fi °+ 3901 Market Street 17011 t - Camp Hill, PA i li?J,fr f .'? 7 I A i _-- U.S. POSTAL SERVICE CERTIFICATE OF MAILING' DOES NO' ' PS Form 3817, January 0011 'WW - ----------- U.S. POS-•TAL SERVICE CERTIFICATE OF MAILIN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ;„ PROVIDE FOR INSURANCE-POSTMASTER Received From: 5 Grenen & Birsi P.C. One Gateway Center, 9t' Floor Pittsburgh, PA 15222 ., dd il sed to . J ? tll '1y res a One piece of ordinary ma . East Pennsboro Township `- a c/o Joseph A. Curcillo, III 3964 Lexington Street Harrisburg, PA 17109 PS Form 3817, January 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, SB/M/T CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION NO.: 09-624 Plaintiff, VS. JAMES M. GANT, III, Defendant. TYPE OF PLEADING: ? E- c:.. M M ?-? -? Fi 7] Pa. R.C.P. RULE 3129.2(c) r-- AFFIDAVIT OF SERVICE 706 DEFENDANTS/OWNERS -- _ ? C::s FILED ON BEHALF OF PLAINI IIIE?: Chase Home Finance LLC, s/b/m/t aa s Manhattan Mortgage Corporation 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: De er 8, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, SB/M/T CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, VS. JAMES M. GANT, III, Defendant. Pa RCP RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Kristine M. Anthou, Attorney for Plaintiff, Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III as follows: 1. James M. Gant, III is the owner of the real property and has not entered an appearance of record. 2. By letter dated September 28, 2010, the undersigned counsel served Defendant, James M. Gant, III, 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 135 Tory Circle, Enola, PA 17025. On or about October 4, 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. 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?? ? r. Kris ine 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 6AANAq--&) , 2010. ?1 o rA' tLLN-& Z-A otary Public COMMONWEALTH OF PENNSYLVANIA Notarlai Seal public Elizabeth M. Cagnon, Notary City of Pittsburgh, Allegheny County My Commission Expires lan. 5 2012 Mem!+e'. ?Ord v+vani Aswdolon of No"ries EXHIBIT "A" f26 ro, (Z 2: IVrurber , N N Ln . a? PC~ ? C3 Fet o.t»h o 0 Few C3 ToW r` = i 0 a ? C3 5.!91?- i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIAc ?, ?Y f"rt X3.5 G.? .-.- ` CHASE HOME FINANCE LLC, S/B/M/T CIVIL DIVISION =' rzi rn CHASE MANHATTAN MORTGAGE CORPORATION '°- -`- -°' - , r , = NO : 09-624 r, C-, . Plaintiff, :Z C--) o' vs. TYPE OF PLEADING JAMES M. GANT, III, Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 Defendant. LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 SALE DATE: De ber 8, 2010 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 CHASE HOME FINANCE LLC, SB/M/T CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, vs. JAMES M. GANT, III, Defendant. NO.: 09-624 Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Kristine M. Anthou, Attorney for Plaintiff, Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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: 1. By letters dated September 28, 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 October 12, 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. 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 ", 2010. n N tary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Public Elizabeth M. cagnon, Notary city of Pittsburgh, AlleghenY County My commission Expires )an. 6 2012 Member. Penns !vanla Association Of N*Urie` EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 vs. JAMES M. GANT, III, Defendant. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant; III located at and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 33351, AND PARCEL NUMBER 09-14-0835-271. 1. The dame and address of the owner or reputed owner: James M. Gant, III 135 Tory Circle Enola, PA 17025 2. The name and address of the defendants in the judgment: James M. Gant, III 135 Tory Circle Enola, PA 17025 3. The name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: 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. 14904 relating to unworn falsification to authorities. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN to and subscribed before me this 44, day of yuCyL'o 2010. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal EIInbath M. Cagnon, Notary Pubk City of Mnbtnh, A W My Commsao BoM Jan. B 2012 Member. Ponn-4varils?WWOOR Of NOWO • 1 U1 c No ' T m QZ c 3 co o 0 n m 2 2 ? Ao °o ? N < Z r- 3 N O ~T N ?- m m 0 m f? N x 0 1 I ?O I - 1 9)I ?n I N o 3 D 3 0 _0 CD v 3 m of R 'U CD X CD V1 7 C N m O 2 0 2 W M O C 0 0 c ? W O cr c p x (D N 7 x O (a N -++ > CA DN3 ? OW C J J 0 .l N O 0 G) Z m n N ? ? omi Cr (D 'a Q a (fl =r (D 90 a O CL a a m - o 0 z 0 C? 'a 3 cl) 3 U l = r-0. c N (D n N =' M CD (D N ? O 7 cn 0 0 0-0 n N D n 001100 5 T DO O X AN y caD•Om < 03 0 Q o Z 3 0, O 3 0 N W C/f m 6?1 7 n '? 01100 m v?A;u m toC ,2 §i O O N cm N a' fD 0 o m 9 417 ' :r 3 3 0 m a QER=D $ N N N m o? to ? m3 m m n? v ova y = r CD 7 d O. ?p m ?n c m ll "`1 ? fir{ A•, ui i . oll ,. P. n( 0 (D o a m N O ID = xa , T .ZI T ? EXHIBIT "B" IN TIME COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, S/B/M/T CHASE MANHATTAN MORTGAGE CORPORATION, CIVIL DIVISION Plaintiff, vs. JAMES M. GANT, III, Defendant. NO.: 09-624 SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at 135 Tory Circle, Enola, PA 17025, and is more fully described as follows ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: East Pennsboro Township, c/o Henry F. Coyne, Esquire, 3901 Market Street, Camp Hill, PA 17011; East Pehnsboro Township, c/o Joseph A. Curcillo, III, 3964 Lexington Street, Harrisburg, PA 17109;'. East Pennsboro Township, 98 S. Enola Drive, Enola, PA 17025 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 madle subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. BY: ? L2,(- Kristi Men Anthou, Esquire Attorneys for Plaintiff One Gatewav Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORD TO AND SUBSCRIBED BEFORE ME THIS _ DAY OF 2010. 1 Ila A I I L?? -T-Notary Pu is COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County My Commission Expires Jan. 6 2012 MPmtif?- oannM:! 12111% uN.aeiaW NotarieC ERTIFICATE OF MAILING S. POSTAL SERVICE C NATIONAL MAIL' DOES NOT INTER ` f AND USED FOR DOMESTIC AY BE NSURANCE-POSTMASTER Y BE A FOR I ROVIOE Received From: Gr nen & Bi i h PA 15222 i nt r 9m Floor Pitts ur n at wa 1 '' i L ary meO4 addressed to: di ' a') t n on. plea of or ship a Pennsboro Town " . Enola Drive L 025 la, PA 17 t z orm 3817, Janu 2001 r A Ifi f , -- :- _a---- CERTIFICATE OF MAILIN^ S. POSTAL S RVICE U . MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NO PROVIDE FOR IN RANCE-POSTMASTER Received From:' Grenen & rsic P.C. PA 15222 One Gater'ay Center 9? Floor Pittsburgh I =i r . i One piece of o inary marl addressed to. "`- East Penns> oro Township c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill,', PA 17011 •: PS Form 381 , January 2001 S. POSTAL SER U ICE CERTIFICATE OF MAILING . MAY BE USED FOR STIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURA E-POSTMASTER F •' rom: Received + Grenen & Birsi P.C. c -? -7 One Gateway tenter, 9th Floor Pittsburgh. PA 15222 3 ` Y One piece of ordina mail addressed to: P dsj? ' 3 a' East Pennsborq Township c/o Joseph A. Curcillo, III 3964 Lexington Street - Harrisburg, PA 17109 PS Form 3817, January 2001 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ix"ILED-OFfi rE Sheriff 1° l COTF?O+OTl?: ;` Jody S Smith " ray Chief Deputy Lull 2 7 f„l( 8: '77 Richard W Stewart 'UMIERLA IQ COUNTY c r L VA M A Solicitor PENNSY Chase Home Finance LLC vs. James M. Gant, III Case Number 2009-624 SHERIFF'S RETURN OF SERVICE 10/08/2010 01:14 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-8-1C at 1309 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 James M. Gant, III, located at, 135 Tory Circle, Enola, Cumberland County, Pennsylvania according to law. 10/08/2010 01:14 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-08-10 at 1309 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 James M. Gant, II, by posting upon the property of James M. Gant, II, located at, 135 Tory Circle, Enola, Cumberland County, Pennsylvania, pursuant to Court Order. 11/09/2010 As directed by Kristine M Anthou, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/5/2011 01/04/2011 As directed by Kristine M Anthou, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/2/2011 01/26/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney on 1/24/11. SHERIFF COST: $695.95 SO ANSWERS, January 26, 2011 RON R ANDERSON, SHERIFF ,Sa ?- pd• ? any ?a ";eur.?- 5 In Sher' Y f o,--loft. Irv:. . t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 VS. JAMES M. GANT, III, Defendant. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of the owner or reputed owner: James M. Gant, III 135 Tory Circle Enola, PA 17025 2. The name and address of the defendants in the judgment: James M. Gant, III 135 Tory Circle Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: 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. 14904 relating to unsworn falsification to authorities. SWORN to and subscribed before me this ?-AA day of lJt-?V 13 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County My CommiS5lon Ins Tan. 6 2012 Member. Pon,.*4.0%a ation Notaries K Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 2010. t i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 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 Floor 1 Courthouse Square Carlisle, PA 17013 on December 8, 2010, at 10:00 A.M., the following described real estate, of which James M. Gant, III is the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TROY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. James M. Gant, III, Defendant, at Execution Number 09-624 in the amount of $182,683.44. 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; Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. JAMES M. GANT, III, Defendant. NO.: 09-624 LONG FORM DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. GRENEN & BIRSIC, P.C. By. Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-624 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From JAMES M. GANT, III (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 GARNI$HEE(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 $175,975.78 L.L.$.50 Interest -- $6,707.66 Atty's Comm % Due Prothy $2.00 Atty Paid $213.42 Other Costs Plaintiff Paid Date: 9/10/10 (Seal) REQUESTING PARTY: Name: KRISTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, 9' FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 135 Tory Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 _ By: 6Li c..? e? IV- 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 22, October 29, and November 5, 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. (?,isa Marie Coyne/Editor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 1 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH. CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2009-624 Civil Chase Home Finance LLC, S/B/M to Chase Manhattan Mortgage Corporation vs. James M. Gant, III Atty.: Kristine M. Anthou ALL THAT CERTAIN piece of parcel of land situate in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and re- corded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. 46 The Patriot-News Co. 2020 Technology Pkwy Suite 306 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE c?he ?tatriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, 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: 2009-624 Civil Term 10!15110 Chase Home Finance LLC, S/B/M to Chase Manhattan 10/22110 Mortgage Corporation 10/29/10 vs James M. Gant, 111 i Atty: Kristine M Anthou ALL THAT CERTAIN piece of parcel of land { \.. r situate in the Township of East Pennsboro, f l h o t County of Cumberland and Commonwea Pennsylvania, shown and designated asLotNo. "REVISED FINAL ntitled l 1 Sworn to arldubscribe fore me this'10 d`a of November, 2010 A.D. ' l , an e , on a p 17 ? SUBDIVISION PLAN OF LAUREL HILLS dated July 17, 8 & 9" 2 6 LOTS NO NORTH C ' , , , . , 1997, recorded in the Office of the Recorder of __ _ ...' Deeds of Cumberland County, Pennsylvania in Notary Public Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3117/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March LTH OI° P ??-`, 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on COMMONWEA N;r I Seal March 23, 2006, in Deed Book 273, Page 3339, Shertle L Klsner, Notary Public I Dauphin County granted and conveyed unto James M. Gant, III. Lower Paxton 1Wq , My Commission Expli•es Nov. 26, 2011 ries t a nnsylvania Association of No P e Member, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-624 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, S/B/M/T CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From JAMES M. GANT, III (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 $175,975.78 Interest FROM 6/24/10 TO SALE -- $13,911.67 Atty's Comm % Atty Paid $930.87 Plaintiff Paid Date: 2/24)11 - L.L. Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name: BRIAN M. KILE, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 vepury Supreme Court ID No. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, C2 VS. cra -n m r1n t_ JAMES M. GANT, III, tiG Defendant. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendant, James M. Gant, III, as follows: Amount Due Interest from 06/24/10 to sale TOTAL pa ??l G'G I?t1t? # ? li1 UO ,, 1/1/-I. 3C} "7 Pit Af? 11 W -'z ?u Z'0 $175,975.78 $ 13,911.67 $189,887.45 GRENEN & BIRSIC, P.C. By: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, VS. JAMES M. GANT, III, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. GRENEN & BIRSIC, P.C. By: ?I-, ? L Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, `. Defendant. = -n ten, r? _ r`- v. AFFIDAVIT PURSUANT TO RULE 3129.1 " 1:2 CD -11 a ca-1 COMMONWEALTH OF PENNSYLVANIA ) y SS: COUNTY OF CUMBERLAND ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of the owner or reputed owner: James M. Gant, III 135 Tory Circle Enola, PA 17025 i 2. The name and address of the defendants in the judgment: James M. Gant, III 135 Tory Circle Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC East Pennsboro Township PLAINTIFF 98 S. Enola Drive Enola, PA 17025 East Pennsboro Township East Pennsboro Township c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 c/o Joseph A. Curcillo, III 3964 Lexington Street Harrisburg, PA 17109 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: NONE ot 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. A Brian M. Kile, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN to and subscribed before me this JAI\ day of , 2011. 'a M 0"',n 0 Notary Publi LTH OF PENNSYLVANIA COMMONWEALTH seal public Elizabeth M. Cagnon, Notary Pittsburgh, APllegheny County City of gyres )an. 6, 2012 My Commission Fx Mem of Notaries t?e? rsuxiatior IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, ,- - ? Defendant. _., Z - --4 C, .. a AFFIDAVIT OF NON-MILITARY SERVICE Ra ?` COMMONWEALTH OF PENNSYLVANIA ) z. )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Brian M. Kile, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant was not in the military service of the United States of America to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of 2011. ;v Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public city of Pittsburgh, Allegheny county my commission Expires ]an. 6, 2012 Member. Pennsvivania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, VS. JAMES M. GANT III 'f' a o , , Defendant. = r -A AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Brian M. Kile, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 135 Tory Circle, Enola, PA 17025 is, Defendant, James M. Gant, III, who resides at 135 Tory Circle, Enola, PA 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2011. Notary Public COMMONWEAL°TH OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County My Commission 1xp n Jan. 6, 2012 717- a ?-sociation of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 -? vs. c? .. :zm n "n JAMES M. GANT, III, tin r- r, Defendant. C.D AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974.41 P.S.101. ET. S90. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Brian M. Kile, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about September 1, 2008, Defendant was mailed a combined Act 91 and Act 6 Notice, 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. r7f -? s a SWORN TO AND SUBSCRIBED BEFORE ME THIS - DAY OF _ 2011. Notary Public e8MMONWEALTII OF PENNSYLVANIA Notarial Seal Elizabeth M. Cagnon, Notary Public qty of Pittsburgh, Allegheny county MY Commission &K Tres Jan. 6, 2012 MFG ,a,i? Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, CIVIL DIVISION NO.: 09-624 vs. JAMES M. GANT, III, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 -- ,-Tj t t -., ' ,, ? Y'? "r f sl ?77 7l N ?a C:.. x, 4r ..! 1 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 Floor 1 Courthouse Square Carlisle, PA 17013 on June 1, 2011, at 10:00 A.M., the following described real estate, of which James M. Gant, III is the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. James M. Gant, III, Defendant, at Execution Number 09-624 in the amount of $189,887.45. 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: n Brian M. Kile, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, VS. JAMES M. GANT, III, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. GRENEN & BIRSIC, P.C. By: i? 1. L Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SJHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ?,,,tp a{ a nfa???44a i L Jody S Smith Chief Deputy Richard W Stewart Solicitor t,nase riome r-finance LLC vs. James M. Gant, III c ? a Case Number 2009-624 SHERIFF'S RETURN OF SERVICE 03/17/2011 02:57 PM - Deputy Michelle Gutshall, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: James M. Gant, III, pursuant to Order of Court by "Posting" the premises located at 135 Tory Circle, East Pennsboro Township, Enola, PA 17025, Cumberland County with a true and correct copy according to law. 03/29/2011 Michelle Gutshall, Deputy Sheriff, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 135 Tory Circle, Enola, PA, Cumberland County. 05/24/2011 As directed by Kristine M Anthou, Attorney for the Plaintiff, Sheriffs Sale Continued to 9/7/2011 09/02/2011 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $668.49 SO ANSWERS, y;Z, September 06, 2011 RON R ANDERSON, SHERIFF <? -Oo ?,' . Ke 5`3 V:-;L& Db y 5y-2 ci Goumysure Sheer; ff. i-eI *t. In IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of the owner or reputed owner: James M. Gant, III 135 Tory Circle Enola, PA 17025 2. The name and address of the defendants in the judgment: James M. Gant, III 135 Tory Circle Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC East Pennsboro Township PLAINTIFF 98 S. Enola Drive Enola, PA 17025 East Pennsboro Township East Pennsboro Township c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 c/o Joseph A. Curcillo, III 3964 Lexington Street Harrisburg, PA 17109 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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: 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 unsworn falsification to authorities. Brian M. Kile, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN to and subscribed before me this -) day of 2011. Notary Publi F?TM of PENNSYLVANIA COMMONW "tia1 seNotarY Public Elizabeth M. Ca9?y County City of pittsburg ' Allegheny 6, 2012 My Commission ExPi Member °o^"c n.'ania assodaU n d Notarte' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 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 Floor 1 Courthouse Square Carlisle, PA 17013 on June 1, 2011, at 10:00 A.M., the following described real estate, of which James M. Gant, III is the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. James M. Gant, III, Defendant, at Execution Number 09-624 in the amount of $189,887.45. 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: - Brian M. Kile, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, VS. JAMES M. GANT, III, Defendant. NO.: 09-624 LONG FORM DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. GRENEN & BIRSIC, P.C. By: Lc Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-624 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, S/B/M/T CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff (s) From JAMES M. GANT, III (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 $175,975.78 L.L. Interest FROM 6/24/10 TO SALE -- $13,911.67 Atty's Comm % Due Prothy $2.00 Atty Paid $930.87 Other Costs Plaintiff Paid Date: 2/24/11 David D. Buell, Pr thonotary (Seal) By: REQUESTING PARTY: Name: BRIAN M. KILE, ESQUIRE Address: ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. Deputy TRUE COPY FROM RECORD In Testimony whereof, i here unto set my hand and the seal of said Court at Carlisle, Pa. This day of < h. , 20 1 L_ il 11 Prothonotary ?J On March 3, 2011 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 135 Tory Circle, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 3, 2011 By: Real Estate Coordinator r f CUMBERLAND LAW JOURNAL Writ No. 2009-624 Civil Chase Home Finance LLC VS. James M. Gant, III Atty.: Kristine M. Anthou ALL THAT CERTAIN piece of parcel of land situate in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and re- corded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. 26 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 22, April 29, and May 6, 2011 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. Lisa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 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 the Patriot-News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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 authorzed 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: 04/22/11 2009-624 Civil Term Chase Home Finance LLC Vs James M. Gant, 111 Atty Kristine M Anthou ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, CoyAty of Cumberland and Commonwealthbf Pennsylvania, shown and designated as I/bt No. 171, on a plan entitled, "REVISED 1 FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17,1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006. in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, 111. 04/29/11 05106/11 l l? Sworn to and subscribed before me this 23 day of M6y, 2011 A. D. Notary Public COMMONWEALTH UE_RENN YL'VANlfl Notarial Seal Sherrie L. Klsner, Notary Pubis Lower Paxton TWp., Dauphin Count My (bMrnlsslon E)q*es Nov. 26, 201 s. Member Penns*anla ASSOCIatif" o` Notarl+ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME F INANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 ` Plaintiff, -� vs. -� C� C) JAMES M. GANT, III, '` Defendant. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO: Prothonotary SIR: Please issue a Writ of Execution, directed to the Sheriff of Cumberland County, against the Defendant, James M. Gant, 111, as follows: Amount Due $175,975.78 Interest from 06/24/10 to sale $ 46,282.33 OTOTAL $222,258.11 s A77-Y 37, ga C81F 4(v.(A) GRENEN & BIRSIC, P.C. (A--� Q!5 u lot08 4 9 " r16 so 11 , 14 o'' By s �yo �L. d�1.00"„ Attorneys for Plaintiff a4.p0 1,(o a7.8&- PO ATTY u-as IbLu Ca p X93 R'6� Lotted I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME F INANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, c ' � i -< CO , JAMES M. GANT, III, TM Defendant. N ry - AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, 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 James M. Gant, III located at 135 Tory Circle, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. 1. The name and address of the owner or reputed owner: James M. Gant, III 135 Tory Circle Enola, PA 17025 2. The name and address of the defendants in the judgment: James M. Gant, III 135 Tory Circle Enola, PA 17025 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC PLAINTIFF East Pennsboro Township 98 S. Enola Drive Enola, PA 17025 East Pennsboro Township c/o Henry F. Coyne, Esquire 3901 Market Street Camp Hill, PA 17011 East Pennsboro Township c/o Joseph A. Curcillo, III 3964 Lexington Street Harrisburg, PA 17109 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC PLAINTIFF 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 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) 135 Tory Circle Enola, PA 17025 r r 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. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN to and s bscribed before me this i day of 52013. AWO d Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal MaryBeth Ackerman,Notary Public L L city of Pittsburgh,Allegheny County My Commission Expires March 16,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, NO.: 09-624 c vs. MUD :* �;- JAMES M. GANT, III, i?' 00 ?`� Defendant. _ �_ ry AFFIDAVIT OF NON-MILITARY SERVICE 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 Defendant was not in the military service of the United States of America to the best of her knowledge, information and belief. Sworn to and subscribed before me this day of 2013. 1 Not Public COMMONW4'CA TH OF PENNSYLVANIA utna!Seal Maryktiett a<:Kemian,Notary Public Gft4 .01,ttiinorgh,Allegheny County M_y<;.-•,,t!,as On Expires March 16,2015 h4 MWF,2,V:i�i45YLVANIA ASSOCIATION OF NOTARIES I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME F INANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff, N0.: 09-624 VS. ,.I TI v 'i.._. JAMES M. GANT, III, ^ co T r Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) 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 owner of the property located at 135 Tory Circle, Enola, PA 17025 is, Defendant, James M. Gant, III, who resides at 135 Tory Circle, Enola, PA 17025, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS JODAY OF , 2013. I NA t, y­Public COMMONWEALTH EALTH QF PENNSYLVANIA Notarial Seal MariS-eth Ackermpn,Notary Public Ca,,;)f Pittsburgh,Allegheny County My Commission Expires March 16,2015 MEMBER,PENNSYLVANIA ASSOCIATION OF NOTARIES I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME F INANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, ? ' Plaintiff, NO.: 09-624 Co 0 vs. +c'- JAMES M. GANT, III, 2_1 v�T Defendant. 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 CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on or about September 1, 2008, Defendant was mailed a combined Act 91 and Act 6 Notice, 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. SWORN TO AND SUBSCRIBED BEFORE ME THI DAY OF , 2013. _41 Acuzu N(I Public CCINIMO NWEALTN OF PENNSYLVANIA a pvOt8r10)S£c'.1 f�l.ry3ntra A%e.irldn,Notary Public �stu uY P1M5',:urgh,All£g:7e,C?county My Conun4ssion Expires March 16,2015 MEMBER,PENNSYLVANIA ASSQCIATION OF NOTARIES I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, MCO {" vs. �r coo c}� -- �_ E Y JAMES M. GANT, III, M Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: James M. Gant, III 135 Tory Circle Enola, PA 17025 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 Floor 1 Courthouse Square Carlisle,PA 17013 on September 4, 2013, at 10:00 A.M., the following described real estate, of which James M. Gant, III is the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES M. GANT, III OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF EAST PENNSBORO, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 135 TORY CIRCLE, ENOLA, PA 17025. DBV 273, PG 3339, AND PARCEL NUMBER 09-14-0835-271. w The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. James M. Gant, I11, Defendant, at Execution Number 09-624 in the amount of$222,258.11 . 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. Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION CHASE MANHATTAN MORTGAGE CORPORATION, NO.: 09-624 Plaintiff, vs. JAMES M. GANT, III, Defendant. LONG FORM DESCRIPTION ALL THAT CERTAIN piece of parcel of land situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO. 2, 6, 8 & 9", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. GRENEN & BIRSIC, P.C. B Y: Z-c_ c. sL C _ Kristine M. Anthou, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-624 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due CHASE HOME FINANCE LL,s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff(s) From JAMES M.GANT,III (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: $175,975.78 L.L.: Interest from 6/24/10 to sale -- $46,282.33 Atty's Comm: Due Prothy:$2.25 Atty Paid: $1,627.86 Other Costs: Plaintiff Paid: Date: 4/8/13 David D. Buell,Prothonotary (Seal) Deputy REQUESTING PARTY: Name: KRISTINE M.ANTHOU,ESQUIRE Address: GRENEN&BIRSIC,P.C. ONE GATEWAY CENTER,NINTH FLR PITTSBURGH,PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 15222 PHELAN HALLINAN, LLP J v l E. PRO T {U? Ofilttorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 20 13 JUN -7 AM 10: 22 One Penn Center Plaza Cif;CBEf LAND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JP MORGAN CHASE BANK, NATIONAL • ASSOCIATION S/B/M CHASE HOME • FINANCE, LLC S/B/M TO CHASE COURT OF COMMON PLEAS MANHATTAN MORTGAGE CORPORATION CIVIL DIVISION Plaintiff • CUMBERLAND COUNTY vs. • • No. 09-00624 JAMES M. GANT, III Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as counsel on behalf of the Plaintiff,JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION in the above captioned matter. Phelan Hallinan, LLP Date: 61(115 By: ',�ivi Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan,LLP PHS#323148 csu U-JF f=3U:: PHELAN HALLINAN, LLP : i �' {C P H U T H O N O 1._ Attorney for Plaintiff Adam H. Davis, Esq., Id. No.203034 1617 JFK Boulevard, Suite 1400 2013 JUN -7 AM 10 22 One Penn Center Plaza C UMBE 11 A ND COUNTY Philadelphia, PA 19103 PENNSYLVANIA 215-563-7000 JP MORGAN CHASE BANK, NATIONAL • ASSOCIATION S/B/M CHASE HOME • FINANCE, LLC S/B/M TO CHASE • MANHATTAN MORTGAGE CORPORATION COURT OF COMMON PLEAS • Plaintiff • CIVIL DIVISION • vs. • CUMBERLAND COUNTY JAMES M. GANT, III No. 09-00624 Defendant CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Entry of Appearance was served by regular mail on Defendant(s)on the date listed below: JAMES M.GANT,III 135 TORY CIRCLE ENOLA,PA 17025-2692 Phelan Hallinan, LLP �i Date: 6 /1/ ',/ By: a C Adam H.Davis,Esq.,Id.No.203034 Attorney for Plaintiff Phelan Hallinan, LLP PHS#323148 s C-) G rV Phelan Hallinan,LLP Attorney For Plaintiff CD_' Q 1617 JFK Boulevard,Suite 1400 W- One Penn Center Plaza Zoo �_ o t=3 Philadelphia,PA 19103 C ' 215-563-7000 s, CHASE HOME FINANCE LLC, SB/M Court of Common Pleas TO CHASE MANHATTAN MORTGAGE CORPORATION Civil Division Plaintiff CUMBERLAND County vs No.09-00624 JAMES M.GANT,III Defendant PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Pa.R.C.P.,2352 TO THE PROTHONOTARY: Kindly substitute JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/1VI CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION is the current Plaintiff in the foreclosure action by virtue of a corporate merger, whereby CHASE HOME FINANCE LLC, S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION is now known as JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Kindly amend the information on the docket accordingly. Date: By: Justin FYttcrney bes Esq.,Id. No.200392 for Plaintiff PHS#323148 Vaga � �o t . ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of JP MORGAN CHASE BANK, NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. Date: PHELAN HALLIN LLP By: Justin obe ki,Esq.,Id. No.200392 Attorney for Plaintiff PHS#3231.48 Phelan Hallinan,LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 215-563-7000 JP MORGAN CHASE BANK, NATIONAL Court of Common Pleas ASSOCIATION S/B/M CHASE HOME FINANCE, LLC SB/M TO CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff Civil Division V. CUMBERLAND County JAMES M. GANT, III No. 09-00624 Defendant PHS#323148 CERTIFICATION OF SERVICE I hereby certify true and correct copies of the foregoing Plaintiffs Praecipe for substitution of party plaintiff was served by regular mail to the person(s) on the date listed below: JAMES M. GANT, III 135 TORY CIRCLE ENOLA,PA 17025-2692 Date: PHELAN HALL IlV ,LLP By: Justin . Kobeski,Esq., Id. No.200392 Attorney for Plaintiff GRENEN &BIRSIC,P.C. Attorney for Plaintiff One Gateway Center,Ninth Floor Pittsburgh,PA 15222 412-281-7650 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION CIVIL DIVISION Plaintiff CUMBERLAND COUNTY Vs. No. 09-00624 JAMES M. GANT, III 'r C- M CD Defendant E!) N C'°; " N _ { L"C' WITHDRAWAL OF APPEARANCE o C= W c� .. To the Prothonotary: CO Kindly withdraw my appearance on behalf of Plaintiff,JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE, LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION. GRENEN &BIRSIC, P.C. Date: i Attorney for Plaintiff AFFIDAVIT OF SERVICE PLAINTIFF CUMBERLAND COUNTY C) �, t:: JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M ' --- CHASE CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN PH#816906 -. MORTGAGE CORPORATION C't C--�i ,p DEFENDANT SERVICE TEAM/lxh Zt'" t CD L,f JAMES M.GANT,III COURT NO.:09-00624 -.,( CO SC t SERVE JAMES M.GANT,HI AT: TYPE OF ACTION p Cl ;{ , 135 TORY CIRCLE XX Notice of Sheriff's Sale Z C3 © mss-' ENOLA,PA 17025-2692 SALE DATE: December 4,2013�j. - . --t GJ't SERVED rved and mad own to JAMES M.GANT,III,Defendant on the tLi day of 'Z' .� ! ,20 r3 ,at ,o'clock . .,at r3S'CO(L7 G(LCLG,(t' .( ,in the manner descried below: Defendant sonally served. Adult family member with whom Defendant(s)reside(s). Relationship is . _Adult in charge of Defendant's residence who refused to give name or relationship. _Manager/Clerk of place of lodging in which Defendant(s)reside(s). _Agent or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. _Other. . Weight Description: Age v' I Height i « y t Race g Sex t"1 Other I, P LLA\-Pt VCS ,a competent adult,hereby verify that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. I understand that this statement is made subject to the penalties of 18 Pa.C.S. Sec.4904 relating to unsworn falsification to authorities. ./41Y-dCgt DATE: (1.0 (' NAME: kL PRINTED NAME: (CN6LA.ar`f k �� U TITLE: V''°(°SC*14"314' NOT SERVED On the day of ,20 at o'clock_.M.,I, ,a competent adult hereby state that Defendant NOT FOUND because: _Vacant _Does Not Exist _Moved _Does Not Reside(Not Vacant) No Answer on at ,• at Service Refused Other: I understand that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. BY: PRINTED NAME: ATTORNEY FOR PLAINTIFF Phelan Hallinan,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza Philadelphia,PA 19103 (215)563-7000 r • f i1i J PHELAN HALLINAN,LL15`' NOV f 9: Attorney for Plaintiff Adam H.Davis,Esq.,Id. No.20 LAND COUNT't` 1617 JFK Boulevard, Suite 14 ENNSyLVANIA One Penn Center Plaza Philadelphia,PA 19103 Adam.Davis@PhelanHallinan.com 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JP MORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION SB/M CHASE HOME FINANCE, . LLC SB/M TO CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION Plaintiff, CIVIL DIVISION v. No.: 09-00624 JAMES M. GANT,III Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.2 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: As required by Pa. R.C.P. 3129.2(a)Notice of Sale has been given to Lienholders and any known interested party in the manner required by Pa.R.C.P.3129.2(c)on each of the persons or parties named,at that address,set forth on the Affidavit and as amended if applicable.A copy of the Certificate of Mailing(Form 3817) and/or Certified Mail Return Receipt stamped by the U.S.Postal Service is attached hereto Exhibit"A". Adam H.Davis,Esq.,Id.No.203034 /O,,/3 !/I) Attorney for Plaintiff Date: / IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PH#816906 • JP MORGAN CHASE BANK,NATIONAL • COURT OF COMMON PLEAS ASSOCIATION S/B/M CHASE HOME FINANCE, LLC • S/B/M TO CHASE MANHATTAN MORTGAGE • CIVIL DIVISION CORPORATION • Plaintiff • NO.: 09-00624 v. • CUMBERLAND COUNTY JAMES M. GANT, III Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK,NATIONAL ASSOCIATION S/B/M CHASE HOME FINANCE,LLC S/B/M TO CHASE MANHATTAN MORTGAGE CORPORATION,Plaintiff in the above action,by the undersigned attorney,sets forth as of the date the Praecipe for the Writ of Execution was filed,the following information concerning the real property located at 135 TORY CIRCLE,ENOLA,PA 17025-2692. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) JAMES M.GANT,III 135 TORY CIRCLE ENOLA,PA 17025-2692 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) JAMES M.GANT,III 135 TORY CIRCLE ENOLA,PA 17025-2692 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address(if address cannot be reasonably ascertained,please indicate) None. 4. Name and address of last recorded holder of every mortgage of record: Name Address(if address cannot be reasonably ascertained,please indicate) None. 5. Name and address of every other person who has any record lien on the property: Name Address(if address cannot be reasonably ascertained,please indicate) EAST PENNSBORO TOWNSHIP 3901 MARKET ST C/O HENRY F.COYNE,ESQUIRE CAMP HILL,PA 17011-4227 EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA,PA 17025 EAST PENNSBORO TOWNSHIP 3964 LEXINGTON STREET C/O JOSEPH A.CURCILLO,III HARRISBURG,PA 17109 PH# 816906 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address(if address cannot be reasonably ascertained,please indicate) TENANT/OCCUPANT 135 TORY CIRCLE ENOLA,PA 17025-2692 DOMESTIC RELATIONS OF 13 NORTH HANOVER STREET CUMBERLAND COUNTY CARLISLE,PA 17013 COMMONWEALTH OF PENNSYLVANIA P.O.BOX 2675 DEPARTMENT OF WELFARE HARRISBURG,PA 17105 INTERNAL REVENUE SERVICE ADVISORY 1000 LIBERTY AVENUE ROOM 704 PITTSBURGH,PA 15222 U.S.DEPARTMENT OF JUSTICE 228 WALNUT STREET,SUITE 220 U.S.ATTORNEY FOR THE MIDDLE PO BOX 11754 DISTRICT OF PA HARRISBURG,PA 17108-1754 FEDERAL BUILDING I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: /U��/// By: 1 Phelan Hallinan,LLP 0,04 ff, POv, S Pp .Tot 2030 Y Attorney for Plaintiff PHELAN HALLINAN,LLP 1617 JFK Boulevard,Suite 1400 One Penn Center Plaza,Philadelphia,PA 19103 215-563-7000 PH# 816906 .. 3d Phelan Hallfnan.IL? t E iimik 1617 WE Aonievnrd.mite 1400 er One Penn Center Plaza 11 4a3 i Philadelphia,PA 14103 AZKICQS-13/14/2013 SALE E , Artictc Number Name of Addressee,Street,and Pest Office Address Postage ;! "*** TENANT/OCCUPANT $0.45 7 • y 135 TORY CIRCLE F ENOLA,PA 170225-2692 **** EAST PENN$EORO TOWNSHIP 50.45 98 SOUTH ENOLA DRIVE ENOLA,PA 17025 k '• A' €` **m. EAST PENNSBORO TOWNSHIP CIO HENRY F.COYNE,ESQUIRE $0.45. Z?:y,OY- _ 3901 MARKET ST p;,`c, ' CAMP HILL,PA 11011-4227 11*** *e* EAST PENNS$C3RO TOWNSHIP CIO JOSEPH A.CURCILLO,III .:. $0.45, w ,-,c.--- 3964 LEXINGTON STREET HARRLBUI G,FA 17109 � I **** CUMBERLAND RELATIONS OF S045 r f 1,, 1, I3 NORTH HANOVER STREET CARLISLE.PA 17013 " COMMONWEALTH OF PENNSYLVANIA $0.45 DEPARTMENT OF WELFARE' ' P.O.BOX 2675 HARRISBURG,PA 17105 •**• INTERNAL REVENUE SERVICE ADVISORY $0.45 U 1R60LIBER Y AVENUE ROOM 704 PIFISBURGH.PA 15222 . **** U.S.DEPARTMENT OF JUSTICE S0.45 U.S.ATTORNEY FOR THE MIDDLE DISTRICT OF PA FEDERAL BUILDING:; 4°r ' 221 WALNUT STREET,SUITE 220 .. l;:' .- PO BOX 11754 • r C PA 27108-1751 • �,q� ^d �...•w < • i�T• ar.",,4 'r ..n 5 ��*.Li to - Eta Tail Kaaba*from Possum,PV 0111ba of Thy fut dxAnikn avian h teqnited m all*made ud tnannuioti**tarot mil.The modem ty psysbk A by tie.de Rx:rvod in Pan Office Rsasrim farpari*l tor tee nee uatgm3fmtel k daauI***indoor Saprow Mail4aawnrnt motel se*Yn intvanoa a OQOPO p� .. pc<4..bjxet a..L aft5P5.Q00pe aswaonea.Tbaraelm•m abamafy peymbken Lmp.e.t Mail amchnd6eea set. ... 'The emximn Wearily payable u S2S.000for revered emit see Pith optim&warms Set llegr etlie Ms '1 p ima 12980 59 3 3 and 5921 forlmamioaafavenge. 3817 Fltesimile ;; Ronny R Andgrson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY Qj.F8mEOrTHE RERIFF THE PROThONO TARY 2014 HAY -I AH 10: 53 CUMBERLAND COUNTY PENNSYLVANIA Chase Home Finance LLC vs. James M. Gant, III Case Number 2009-624 SHERIFF'S RETURN OF SERVICE 07/01/2013 07:31 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 135 Tory Circle, East Pennsboro Township, Enola, PA 17025, Cumberland County. 07/01/2013 07:31 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: James M. Gant, Ill at 135 Tory Circle, East Pennsboro Township, Enola, PA 17025, Cumberland County. 07/26/2013 As directed by Kristine M Anthou, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/4/2013 12/04/2013 Ronny R Anderson, Sheriff, 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania on December 04, 2013 at 10:00 AM. He sold the same for the sum of $1.00 to Attorney Joseph Schalk, on behalf of SRMOF II 2012-1 Trust, U.S. Bank Trust National Association, Not In Its Individual Capacity But Solely As Trustee, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $860.91 SO ANSWERS, March 25, 2014 RONNY R ANDERSON, SHERIFF eo 0,d 30c- {c) CoL tySu S er ff. Teleo o$, Inc. On April 24, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 135 Tory Circle, Enola Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 24, 2013 By: C Ct.o Real Estate Coordinator l ti :Z d b- 8dV E(Ol -.L-2,12!.711 LXII 30 CUMBERLAND LAW JOURNAL 07/26/13 2009-624 Civil Term CHASE HOME FINANCE LLC vs. JAMES M. GANT, III Atty.: Kristine M. Anthou ALL THAT CERTAIN piece of parcel of land situate in the Town- ship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO.2, 6, 8 869", dated July 17, 1997, recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid land records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and re- corded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3339, granted and conveyed unto James M. Gant, III. 54 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 26, August 2 and August 9, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, Ed' or SWORN TO AND SUBSCRIBED before me this da of Au ust 2013 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. 1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 he atriotXews 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 Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the 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 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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. 2009-624 CMI Term CHASE HOME FINANCE LLC vs. JAMES M. GANT, III Atty: Kristine M Anthou ALL THAT CERTAIN piece of parcel of land situate in the 'lbwnship of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, shown and designated as Lot No. 171, on a plan entitled, "REVISED FINAL SUBDIVISION PLAN OF LAUREL HILLS NORTH, LOTS NO.2, 6, 8 & 9", dated July 17, 1997, recorded. in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Plan Book 75, Page 132, bounded, limited and more particularly described in a Deed dated 3/17/06, and recorded 3/23/06 in Book 273 at Page 3339, among the aforesaid and records. BEING the same premises which Laurel Hills Development Corp., by Deed dated March 17, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County on March 23, 2006, in Deed Book 273, Page 3139, granted and conveyed unto James M. Gant, III. This ad ran on the date(s) shown below: 07/28/13 08/04/13 08/11/13 Swo n toa d subscri day of August, 2013 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Holly Lynn Warfel, Notary Public Washington Twp., Dauphin County My Commission Expires Dec. 12, 2016 MEMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which SRMOF II 2012-1 Tr, US Bank Tr N A Tr is the grantee the same having been sold to said grantee on the 4th day of December A.D., 2013, under and by virtue of a writ Execution issued on the 8th day of April, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 624, at the suit of Chase Home Fin LLC sbmt Chase Man Mtg Corp against James M Gant III is duly recorded as Instrument Number 201408809. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this I I CU( , A.D. ca O I / day of 0 ./tLe2th5)11 i) ()Ai Recorder of Deeds tl000rder01 Cumberland Cob Carlisle, PA temnission Expires the first Monday of Jan. 2018