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HomeMy WebLinkAbout09-7035Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 ime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 219104 CHASE HOME FINANCE LLC SB/M CHASE MANHATTAN MORTGAGE CORPORATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 Plaintiff V. GEORGE E. JONES JANEL R. JONES 445 2ND STREET, ENOLA, PA 17025-3113 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CA -'10.55 0'i v; l--Frw CUMBERLAND COUNTY File #: 219104 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 219104 1. Plaintiff is CHASE HOME FINANCE LLC SB/M CHASE MANHATTAN MORTGAGE CORPORATION 10790 RANCHO BERNARDO RD SAN DIEGO, CA 92127 2. The name(s) and last known address(es) of the Defendant(s) are: GEORGE E. JONES JANEL R. JONES 445 2ND STREET ENOLA, PA 17025-3113 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 07/08/1999 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ADVANTA NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1557, Page 306. By Assignment of Mortgage recorded 09/02/2008 the mortgage was assigned to PLAINTIFF which Assignment is recorded in Assignment of Mortgage Instrument No. 200829635. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/15/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 219104 6. The following amounts are due on the mortgage: Principal Balance $42,172.53 Interest $8,057.31 04/15/2008 through 10/13/2009 (Per Diem $14.73) Attorney's Fees $1,300.00 Cumulative Late Charges $57.66 07/08/1999 to 10/13/2009 Non Sufficient Funds Charge $20.00 Cost of Suit and Title Search $ZSQ.QO Subtotal $52,357.50 Escrow Credit $0.00 Deficit $4,633.72 Subtotal $4-T TOTAL $56,991.22 7 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriff s Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is nat seeking a judgment of personal liability (or an in nerd judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 219104 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $56,991.22, together with interest from 10/13/2009 at the rate of $14.73 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP G By. QPw -M ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ?? Jay B. Jones, Esq., Id. No. 86657 eter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff File #: 219104 LEGAL DESCRIPTION All that certain place of parcel of land situate in the TOWNSHIP OF EAST PENNSBORO, Cumberland County, Pennsylvania bounded and described as follows to-wit: Beginning at a point on the eastern line of Second Street at the southern line of land now or late of Thomas McKinsey; then eastwardly along land now or late of Thomas McKinsey, 199 feet to a point; thence southwardly along the western line of Hill Street, 50 feet to a point; thence westwardly along the northern line of land now or late of John Sollenberger, 199 feet, more or less, to a point; thence northwardly along the eastern line of Second Street 50 feet to a point. the place of BEGINNING. Having thereon erected a two and one-half story frame dwelling known and numbered as 445 Second Street. PROPERTY BEING; 445 2ND STREET PARCEL# 45-16-1049-041 File #: 219104 The undersigned attorney hereby states that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be -- - obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 - Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. e ?G Attorne or Plaintiff DATE: (O - lq-OI File #: 219104 0 UI' ?!? - i{ lA OTAPY 2009 O CT 15 AN 11: 29 Cu _ ?? 4'78.50 Pb A" -y o23a0'11 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy ??a?1i4? of ??t?r+6err??fA t -y./ L L) C i 2 I, 1 Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Chase Home Finance LLC vs. Janet R. Jones Case Number 2009-7035 SHERIFF'S RETURN OF SERVICE 10/19/2009 05:53 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 1753 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Janel R. Jones, by making known unto herself personally, at 445 2nd Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. 10/19/2009 05:53 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 19, 2009 at 1753 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: George E. Jones, by making known unto himself personally, at 445 2nd Street Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $57.50 SO ANSWERS, October 20, 2009 R THOMAS KLINE, SHERIFF By -?? Deputy Sheriff w Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 262331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC SB/M CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. GEORGE E. JONES JANEL R. JONES Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7035 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 219104 Ib Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: 7 ? L °ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 f Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-5-09 PHS #: 219104 . VERIFICATION Stadene L. MOM Assistant Secretary hereby states that he/she is of CHASE HOME FINANCE, servicing agent for Plaintiff, CHASE HOME FINANCE LLC SB/M CHASE MANHATTAN MORTGAGE CORPORATION, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. DATE: ©?/( r ?}H? Name: Title: Assistant Secretary Company: CHASE HOME FINANCE File #: 219104 Jones Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE LLC SB/M CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff VS. GEORGE E. JONES JANEL R. JONES Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7035 CIVIL TERM : CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: GEORGE E. JONES 445 2ND STREET, ENOLA, PA 17025-3113 PHS #: 219104 AV. JANEL R. JONES 445 2ND STREET, ENOLA, PA 17025-3113 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ? La ence T. Phelan, Esq., Id. No. 32227 ? Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 ? Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 f Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 11-5-09 PHS #: 219104 i i _ ?i? :,./ ?i._ ,I 2?JJ ?ti't ? U k?ii ? k'.i' ?; c i ! ? ar •.i" MARO'42010y IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC SB/M CHASE MANHATTAN MORTGAGE CORPORATION vs. GEORGE E. JONES . JANEL R. JONES . ORDER AND NOW, this ~ ~ day of Civil Division No. 09-7035 CIVIL TERM ~ a`~ , 2010, upon consideration of Plaintiffls Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Notice of Sale and all future pleadings on Defendants, GEORGE E. JONES and JANEL R. JONES, by: 1. Posting of the premises: 445 2ND STREET, ENOLA, PA 17025. 2. First class mail to GEORGE E. JONES and JANEL R. JONES at the last known address, and the mortgaged premises located at 445 2ND STREET, ENOLA, PA 17025; and 3. Certified mail to GEORGE E. JONES and JANEL R. JONES at the last known address and the mortgaged premises located at 445 2ND STREET, ENOLA, PA 17025; and 4. Publication in accordance with PA. R.C.P. 430. n c ~iY" __y f. tF.~ 'r . e y MYL`d.t l~.Gl. I 3/s~~d I 2 ~~. ~~~^' "..._'' 219104 d 1 CJl N O Q -i ~~ frT! ~~ ~--i .r ~~ ~m -< SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy - ;? Richard W Stewart = Solicitor Chase Home Finance LLC Case Number vs. Janel R. Jones (et al.) 2009-7035 SHERIFF'S RETURN OF SERVICE 04/07/2010 01:20 PM Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1320 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 Janel R. Jones and George E. Jones, located at, 445 2nd Street, Enola, Cumberland County, Pennsylvania according to law. 04/07/2010 02:45 PM -Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1445 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: Janel R. Jones, by making known unto, George Jones, spouse, at, 122 Creekside Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 04/07/2010 02:45 PM - Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on 4/7/10 at 1445 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled'actbon, upon the within named defendant, to wit: George Jones, by making known unto, George Jones, personally, at, 122 Creekside Drive, Enoal, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/01/2010 Property sale postponed to 9/8/2010. 09/01/2010 As directed by Daniel G Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 10/06/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry, at the Courthouse, Carlisle, Cumberland County, Pennsylvania on October 6, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Chase Home Finance LLC, of, 10970 Rancho Bernardo Road, San Diego, CA 92127, being the buyer in this execution, paid to Sherif Ronny R. Anderson, the sum of $ SHERIFF COST: $823.82 SO ANSWERS, 6Z? ' ^November 03, 2010 RON0? R ANDERSON, SHERIFF i " CHASE HOME FINANCE LLC S/B/M CHASE MANHATTAN MORTGAGE CORPORATION Plaintiff ? Y V. GEORGE E. JONES JANEL R. JONES Defendants COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-7035 CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC SB/M 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 properoy located at 445 2ND STREET, ENOLA, PA 17025-3113. I Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) GEORGE E. JONES 445 2ND STREET, ENOLA, PA 17025-3113 JANEL R. JONES 445 2ND STREET, ENOLA, PA 17025-3113 2. Dame and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) SAME AS ABOVE 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address (if address cannot be reasonably ascertained, please indicate) CUMBERLAND COUNTY ADULT 1 CO> JRTHOUSE SQUARE PROBATION CARLISLE, PA 17013-3357 EAST PENNSBORO TOWNSHIP 98 SOUTH ENOLA DRIVE ENOLA, PA 17025-2796 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) THE TOWNSHIP OF EAST PENNSBORO 98 SOUTH ENOLA DRIVE ENOLA, PA 17025 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. 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 445 2ND STREET, ENOLA, PA 17025-3113 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 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. December 29, 2009 By: Attorne r Plaintiff Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 ? Daniel G. Schmieg, Esq., Id. No. 62205 ? Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 ? Sheetal R. Shah-Jani, Esq., Id. No. 81760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No, 84439 ? Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 ? Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 F P CHASE HOME FINANCE LLC S/B/M CHASE MANHATTAN COURT OF COMMON PLEAS MORTGAGE CORPORATION i CIVIL DIVISION Plaintiff : : NO. 09-7035 CIVIL TERM Vs. GEORGE E. JONES JANEL R. JONES Defendants : CUMBERLAND COUNTY NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GEORGE E. JONES JANEL R. JONES 445 2ND STREET, ENOLA, PA 17025-3113 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." Your house (real estate) at 445 2ND STREET, ENOLA, PA 17025-3113 is scheduled to be sold at the Sheriff's Sale on 06/02/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $57,609.88 obtained by CHASE HOME FINANCE LLC S/B/M CHASE: MANHATTAN MORTGAGE CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P. Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff s Sale, you must take immediate action: 1. The sale will be canceled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: 215-563-7000 x1230. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping. the sale. (See notice on page two on how to obtain an attorney.) F # I . MAY STILL IiE ABLE TO SAVE YOUR PROPERTY AND YO1 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30),days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION I By virtue of a. Writ of Execution NO. 09-7035 CIVIL TERM CHASE HOME FINANCE LLC S/B/M CHASE MANHATTAN MORTGAGE CORPORATION 'VS. GEORGE E. JONES JANEL R. JONES owners of property situate in the East Pennsboro Township, Cumberland County, Pennsylvania, being (Municipality) 445 2ND STREET, ENOLA PA 17025-3113 Parcel No. 45-16-1049-041 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $57,609.88 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1,617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN place or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the eastern line of Second Street at the southern line of land now or late of Thomas McKinsey; then eastwardly along land now or late of Thomas McKinsey, 199 feet to a point; thence southwardly along the western line of Hill Street, 50 feet to a point; thence westwardly along the northern line of land now or late of John Sollenberger, 199 feet, more or less, to a point; thence northwardly along the eastern line of Second Street 50 feet to a point, the place of BEGINNING. HAVING THEREON erected a two and one-half story frame dwelling known and numbered as 445 Second Street. TITLE TO SAID PREMISES IS VESTED IN George E. Jones and Janel R. Jones, w/h, by Deed from Anna M. McPherson, a single woman, dated 08/25/1998, recorded 08/27/1998 in Book 184, Page 248. PREMISES BEING: 4452ND .STREET, ENOLA, PA 17025-3113 PARCEL NO. 45-16-1049-041 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7035 Civil COUNTY O 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 CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From GEORGE E. JONES and JANEL R. JONES (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 $57,609.88 L.L. $.50 Interest from 11/25/09 to 6/2/10 ($9.47 per diem) -- $1,799.30 Atty's Comm % Atty Paid $176.50 Plahtiff ?aid Date: `1My 1110 Due Prothy $2.00 Other Costs ?L David D. Buell, Proth notary ?tS?ail ' By: REQt-iEST11.40 PARTY: Name:'COURTENAY R. DUNN, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 11617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 206779 Deputy On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro 'Township, Cumberland County, PA, Known and niarnbere?i, 445 2:?d Street, Enola,' more fully described on Exhibit "A" filed with this writ and by this reference incoil3orated herein. Date: March 22, 2010 By: -, Real Estate Coordinator iv ,:n ?rW PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONVVEALTH 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, alegal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical` for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Writ No. 2009-7035 Civil Chase Home Finance LLC S/B/M to Chase Manhattan Mortgage Corporation vs. Janel R. Jones George E. Jones Atty: Daniel G. Schmieg By virtue of a Writ of Execution NO. 09-7035 CIVIL, CHASE HOME FINANCE LLC S/B/M CHASE MAN- HATTAN MORTGAGE CORPORA- TION vs. GEORGE E. JONES, JANEL R. JONES, owners of property situate in the East Pennsboro Township, Cumberland County, Pennsylvania, being 445 21\[D STREET, ENOLA, PA 17025-3113. Parcel No. 45-16-1049-041. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $57,609- .88. isa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 30 day of April, 2010 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public FCARLISL€ BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 - The Patriot-News Co. 2020 Technology Okwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE 14C Pahiot 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is a.Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News=and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is,. interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place'and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: Writ No. 2009-7035 Civil Term 04116/10 Chase dome Finance LLC 04/23/10 5/B/M to Chase Manhattan Mortgage ` ?-- 04/30/10 Corporation , Va. Janei R. Jones; ..... ................. George E. Jones Atty: Uaniel'G Schmieg Sworn to an scribed before a M6' 8 day of May, 2010 A. D. y virtue of a writ of Execution No. 09-7035 ''INTIL TERM i 'HASE HOME FINANCE LLC S/B/M CHASE iANHATtAN MORTGAGE CORPORATION ?_ C' Notary Public CIEORGE E. JONES I.A,NEL R. JONES owners of property situate in the East Pemtabolo COMMON ,qt OF Township, Cumberland County, Pennsylvania, 41'T" NSi M1A betnd (Municipality) 445 2ND.STREET, Sherrie L KNOW VIer. Notary Put7 lic ENOLA, PA 17025-3113 Lower Paxton Twp DaupMn County Parcel No. 45-16-1049-041 my commE? Fxptnes Nov. 26, 2011 Acreage of street address) member, Pennsylvania Assodation of Notaries Improvements thereon: RESIDENTIAL DWELLING 'JUDGMENT AMOUNT: 557,609.88 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Chase Home Finance LLC is the grantee the same having been sold. to said grantee on the 6th day of October A.D., 2010, under and by virtue of a writ Execution issued on the 21 st day of January, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 09 Number 7035, at the suit of Chase Home Finance LLC S/B/M Chase ManhattanMtg Corp against George E & Janel R Jones is duly recorded as Instrument Number 201032598. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 9 day of , A.D. ©2b P C7 c?zfi Ra=ft Of feeds, CumbedandCounty, Caflis(®, pA Recorder of Deeds My COr isshl E018S the Frst Monday of Jan. 2014