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HomeMy WebLinkAbout09-7350Phelan 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 ./faime 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 220111 CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff V. SCOTT D. SMITH 2150 LONGS GAP ROAD CARLISLE, PA 17013-8651 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. ljQ - 7.3Sd tr l U (. CUMBERLAND COUNTY File #: 220111 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 #: 220111 1. Plaintiff is CHASE HOME FINANCE LLC 3415 VISION DRIVE COLUMBUS, OH 43219 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT D. SMITH 2150 LONGS GAP ROAD CARLISLE, PA 17013-8651 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 01/25/2008 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to JPMORGAN CHASE BANK, N.A. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200816733. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. The mortgage and assignment(s), if any, are matters of public record and are incorporated herein by reference in accordance with Pa.R.C.P. 1019(g); which Rule relieves the Plaintiff from its obligations to attach documents to pleadings if those documents are of public record. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2009 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 #: 220111 6 The following amounts are due on the mortgage: Principal Balance $86,724.58 Interest $2,369.30 06/01/2009 through 10/23/2009 (Per Diem $16.34) Attorney's Fees $1,300.00 Cumulative Late Charges $80.19 01/25/2008 to 10/23/2009 Cost of Suit and Title Search $550-00 Subtotal $91,024.07 Escrow Credit $0.00 Deficit $363.79 Subtotal %363.79 TOTAL $91,387.86 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 not seeking a judgment of personal liability (or an in perconam 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 #: 220111 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 $91,387.86, together with interest from 10/23/2009 at the rate of $16.34 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP BY 2, TCC • ? 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 Attorneys for Plaintiff File #: 220111 LEGAL DESCRIPTION ALL THAT CERTAIN IMPROVED TRACT OF LAND SITUATE IN North MIDDLETON TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA, MORE PARTICULALRY BOUNDED AND DESCRIBED ACCORDING TO SUBDIVISION Plan FOR STEVEN R. WAGGONER AND BONNIE L. WAGGONER, DATED March 23, 1981, AND RECORDED IN CUMBERLAND COUNTY Plan BOOK 39, PAGE 133, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE Western DEDICATED RIGHT-OF-WAY LINE OF LONGS GAP Road (T-494) AT LAND NOW OR FORMERLY OF WILLIAM G. WAGGONER; THENCE BY THE Western DEDICATED RIGHT-OF-WAY LINE OF SAID LONGS GAP Road, South 40 DEGREES 52 MINUTES 33 SECONDS West 363.91 FEET TO AN IRON PIN ON SAID Western DEDICATED RIGHT-OF-WAY LINE AT LAND NOW OR FORMERLY OF ROBERT E. HIGHLANDS; THENCE BY LAND NOW OR FORMERLY OF ROBERT E. HIGHLANDS, North 88 DEGREES, 57 MINUTES 30 SECONDS West 259.99 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF MARSHALL J. LEBO, North 40 DEGREES 52 MINUTES 33 SECONDS East 508.82 FEET TO AN IRON PIN AT LINE OF LAND NOW OR FORMERLY OF WILLIAM G. WAGGONER; THENCE BY SAID LAND NOW OR FORMERLY OF WILLIAM G. WAGGONER, South 55 DEGREES 18 MINUTES 30 SECONDS East 200.82 FEET TO AN IRON PIN ON THE Western DEDICATED RIGHT-OF-WAY LINE OF LONGS GAP Road (T-494), THE PLACE OF BEGINNING. File #: 220111 BEING Lot NO. 1 AS SHOWN OF THE ABOVE-DESCRIBED SUBDIVISION Plan AND BEING IMPROVED WITH A DWELLING HOUSE KNOWN AS 2150 LONGS GAP Road, CARLISLE, PENNSYLVANIA PARCEL NO. 29-04-0379-008C PROPERTY BEING: 2150 LONGS GAP ROAD File #: 220111 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 unswom falsifications to authorities. Attorney for Plaintiff DATE: -lo-)30 File #: 220111 Q THOKOTARY W OCT 21 AM 9: 41 CUMBSLAO CALM X78. sd?d R?l,? Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Chase Home Finance LLC vs. Scott D. Smith Case Number 2009-7350 SHERIFF'S RETURN OF SERVICE 10/28/2009 02:50 PM - Tim Black, Deputy Sheriff, who being duly sworn according to law, states that on October 28, 2009 at 1450 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Scott D. Smith, by making known unto himself personally, at 2150 Longs Gap Road Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing tc him personally the said true and correct copy of the same. SHERIFF COST: $33.40 October 29, 2009 T QV , OF THE 20-09 NUIV -3 Ar, i0= -1 w l . _ . f?y SO ANSWERS, R THOMAS KLINE, SHERIFF BY - s Depu eriff 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 Plaintiff VS. SCOTT D. SMITH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7350 CIVIL TERM : CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 220111 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. #nan & Schmieg, LLP for Plaintiff LS.Ldwe'ence T. Phelan, l?3q , Id. No. 3222-7--' ? 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 ? Shee R. Shah-Jani, Esq., Id. No. 81760 ? J ne 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 Date: 11-16-09 PHS #: 220111 VERIFICATION Assistant Secretary Beth Cottrell hereby states that he/she is of CHASE HOME FINANCE LLC, servicing agent for Plaintiff, CHASE HOME FINANCE LLC, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. ?& CA A? Name: Both Cottrell DATE: /01 L-7 Title: Assistant Secretary Company: CHASE HOME FINANCE LLC File #: 220111 Smith 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 Plaintiff VS. SCOTT D. SMITH Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 09-7350 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: PHS #: 220111 SCOTT D. SMITH 2150 LONGS GAP ROAD CARLISLE, PA 17013-8651 & Schmieg, LLP L.J'LArence 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 ? Shee . Shah-Jani, Esq., Id. No. 81760 ? J ne R. Davey, Esq., Id. No. 87077 auren 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 Date: 11-16-09 PHS #: 220111 R" . OF THE l*MARY 2009 NOV 18 PM 2= 06 BEN; SYLVAN A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC Plaintiff v. SCOTT D. SMITH Defendant ORDER Court of Common Pleas Civil Division CUMBERLAND County No. 09-7350 CIVIL TERM /~y AND NOW, this < / day of~~ , 2010 the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $86,724.58 Interest Through June 2, 2010 $5,994.99 Per Diem $16.34 Late Charges $80.19 Legal fees $1,300.00 Cost of Suit and Title $781.50 Sheriff s Sale Costs $0.00 Property Inspections/ Property Preservation $0.00 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $363.79 TOTAL $95,245.05 Plus interest from June 2, 2010 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY E COURT cr `~ ~. °~ ,~_~ -- : ~~~ ~=' ' 4 S'~ l~l~lC~ J' .,: L{` 5.-. `--. "-- C"V V SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ' _ - Sheriff ` ~ti~t.' of l~.~z~~ta~~r Jody S Smith"'' f~`"o ,.:... , Chief Deputy Richard W Stewart Solicitor Chase Home Finance LLC vs. Scott D. Smith Case Number 2009-7350 SHERIFF'S RETURN OF SERVICE 03/30/2010 06:07 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 1020 at 1805 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 Scott D. Smith, located at 2150 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania according to law. 03/30/2010 06:07 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on March 30, 2010 at 1805 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: Scott D. Smith, by making known unto, Amy Smith, adult in charge, at 2150 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her 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 Phelan Hallinan &Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 10/6/2010 10/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Schmieg on 10/2/10 SHERIFF COST: $672.76 SO ANSWERS, ""`_- October 05, 2010 RON R ANDERSON, SHERIFF r „ _~ ~ c.. _~;~~ . °~atf ~~:5~ x,/'1/1 ~~~ ~ ~' ~'3s S ,CHASE HOME FINANCE LLC COURT OF COMMON PLEAS ' Plaintiff ' ~ ~ CIVIL DIVISION v. NO. 09-7350 CIVIL TERM SCOTT D. SMITH Defendant(s) CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 CHASE HOME FINANCE LLC, 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 2150 LONGS GAP ROAD, CARLISLE, PA 17413-8651. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) SCOTT D. SMITH 21.50 LONGS GAP ROAD CARLISLE, PA 17013-8651 2. Name 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) 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. ,Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may ` ~ be affected'by the stile: , Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 2150 LONGS GAP ROAD CARLISLE, PA 17013-8651 Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare United States Internal Revenue Special Procedures Branch Federated Investors Tower U.S. Department of Justice U.S. Attorney for the Middle District of PA 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn fal February 11, 2010 Phelan Hallman &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Francis S. Hallman, Esq., Id. No, 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele .Bradford, Esq., Id. No. 69849 ^ Judith .Romano, Esq., Id. No. 58745 ^ She al R. Shah-Jani, Esq., Id. No. 81760 ^ ine 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. 20$375 CHASE HOME FINANCE• LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. SCOTT D. SMITH N0.09-7350 CIVIL TERM CUMBERLAND COUNTY Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SCOTT D. SMITH 2150 LONGS GAP ROAD CARLISLE, PA 17013-8651 * *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 2150 LONGS GAP ROAD, CARLISLE, PA 17013-8651 is scheduled to be sold at the Sheriff's Sale on JUNE 2, 2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $92,482.64 obtained by CHASE HOME FINANCE LLC (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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s 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 ca11215-563-7000. 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 By virtue of a Writ of Execution N0.09-7350 CIVIL TERM CHASE HOME FINANCE LLC vs. SCOTT D. SMITH owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland (Municipality) County, Pennsylvania, being 2150 LONGS GAP ROAD, CARLISLE, PA 17013-8651 (Acreage or street address) Parcel No. 29-04-0379-008C Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $92,482.64 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 1FK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN IMPROVED TRACT OF LAND SITUATE IN North MIDDLETON TOWNSHIP CUMBERLAND COUNTY PENNSYLVANIA, MORE PARTICULALRY BOUNDED AND DESCRIBED ACCORDING TO SUBDIVISION Plan FOR STEVEN R. WAGGONER AND BONNIE L. WAGGONER, DATED March 23, 1981, AND RECORDED IN CUMBERLAND COUNTY Plan BOOK 39, PAGE 133, AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE Western DEDICATED RIGHT-OF-WAY LINE OF LONGS GAP Road (T-494) AT LAND NOW OR FORMERLY OF WILLIAM G. WAGGONER; THENCE BY THE Western DEDICATED RIGHT-OF-WAY LINE OF SAID LONGS GAP Road, South 40 DEGREES 52 MINUTES 33 SECONDS West 363.91 FEET TO AN IRON PIN ON SAID Western DEDICATED RIGHT-OF-WAY LINE AT LAND NOW OR FORMERLY OF ROBERT E. HIGHLANDS; THENCE BY LAND NOW OR FORMERLY OF ROBERT E. HIGHLANDS, North 88 DEGREES, 57 MINUTES 30 SECONDS West 259.99 FEET TO AN IRON PIN; THENCE BY LAND NOW OR FORMERLY OF MARSHALL J. LEBO, North 40 DEGREES 52 MINUTES 33 SECONDS East 508.82 FEET TO AN IRON PIN AT LINE OF LAND NOW OR FORMERLY OF WILLIAM G. WAGGONER; THENCE BY SAID LAND NOW OR FORMERLY OF WILLIAM G. WAGGONER, South 55 DEGREES 18 MINUTES 30 SECONDS East 200.82 FEET TO AN IRON PIN ON THE Western DEDICATED RIGHT-OF-WAY LINE OF LONGS GAP Road (T-494), THE PLACE OF BEGINNING. BEING Lot NO. 1 AS SHOWN OF THE ABOVE-DESCRIBED SUBDIVISION Plan AND BEING IMPROVED WITH A DWELLING HOUSE KNOWN AS 2150 LONGS GAP Road, CARLISLE, PENNSYLVANIA THIS DEED IS TAKEN UNDER AND SUBJECT TO EASEMENTS, RESTRICTIONS AND RIGHTS-OF-WAY OF RECORDS AN/OR THOSE THAT ARE VISIBLE TO PHYSICAL INSPECTION. TITLE TO SAID PREMISES IS VESTED IN Scott D. Smith, by Deed from Terry L. Smith, dated 01/31/2008, recorded 05/21/2008 in Instrument Number 200816732. PREMISES BEING: 2150 LONGS GAP ROAD, CARLISLE, PA 17013-8651 PARCEL N0.29-04-0379-008C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7350 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, Plaintiff (s) From SCOTT D. SMITH (I) 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 $92,482.64 L.L. $.50 Interest from 12!30!09 to Date of Sale ($15.20 per diem) -- $2,356.00 Atty's Comm % Due Prothy $2.00 Atty Paid $152.40 Other Costs Plaintiff Paid !date: 211911 r~ David D. Buell Proth ~sP31) sy: REQUESTING PARTY: Name: LAUREN R. TABAS, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP 1617 JFK BOULEVARD, SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF onotary Deputy Telephone: 215-563-7000 Supreme Court ID No. 93337 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as, 2150 Longs Gap Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Real Estate Coordinator //. - , .., _ L IA _ 1. I ~ a L ~ ' i.a ~~.., -.. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal. periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, Apri123, 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. 2009-7350 Civil Chase Home Finance LLC S/B/M to Chase Manhattan Mortgage Corporation vs. Scott D. Smith Atty: Daniel Schmieg By virtue of a Writ of Execution NO. 09-7350 CIVIL, CHASE HOME FINANCE LLC vs. SCOTT D. SMITH, owner of property situate in NORTH MIDDLETON TOWNSHIP, Cumber- land County, Pennsylvania, being 2150 LONGS GAP ROAD, CARLISLE, PA 17013-8651. Parcel No. 29-04-0379-008C. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $92,482- .64. ~~ isa Marie Coyn ,Editor SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 J C/C. - 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 c~he~latriot 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 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. 2009-7350 Civil Term those Home Finance LLC $/B/AA to Chase Manhattan Mortgage Corporation Vs. v Scott D. Smith Arty: Daniel Schmieg By virtue of a Writ of Execution N0.09-7350 CIVILTEFIM Chase Home Finance Llc Vs. Scott D. Smith Owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland (Municipality) County, Pennsylvania, being 2150 LONGS GAP ROAD, CARLISLE, PA 17013- 8651 (Acreage or street address) PARCEL N0.29-04-0379-008C Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $92,482.64 04/16/10 Notary Public 2010 A. D. ,. ~--F-=-_~__~ = L----__ ~OMMONWFALTH ~~ P~NNSYI~YANIA Mptar'lal SPi) 5heMe !. Klaner, Notary Publlc Lower Daxton Twp., f9auphin County My Commission ~IrOS Nov. 2d, 2011 Member, Pennsylvania I~soClatlon of Notaries 04!23/10 04/30/10 AFFIDAVIT OF SERVICE(FNMA) PLAINTIFF CUMBERLAND COUNTY JPMORGAN CHASE BANK,N.A.SUCCESSOR BY MERGER CHASE HOME FINANCE LLC PHS#220111 DVI?NDANT RAM.1KAAML SCOTT D.SMITE COURT NO.:09.7350 CIVII,,TERM SERVE SCOTT A SM1rIH AT: TYPE OF ACTION 2150 LONGS GAP ROAD XX Notice of Sherifrs Sale CARLISLE,PA 17013.8651 SALE DATE: June 5,2013 SERVED _ Served and made known to SCOTT D.SMTT_ �i,Defendant on the day of 20 at o'clock M.,at -LI go �� it{3�V ,in the manner described below: Defendant pally served. Adult family member with whom Defendants)reside(s).. Relationship is F(Ar4_6 _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). _Agd nt.or person in charge of Defendant's office or usual place of business. _ an officer of said Defendant's company. Other: Desc4-djO.' n: Age 3 6 S Height Weight �t7 Race { Sex f Other I. a com petent 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. DATE'_�ZUI NAME• PRINTED NAME: TITI.E: �x- NOT SERVED On-the day of ,20 at dclock_M.,I, a competent adult hereby state that—1 fie' fendant 1�iO1 '{5 ]5because' 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: -a PRINTED NAME: w 'ATTORNEY FOR PLARr—MF Phelan Hallinan,L F 1617 JFK Boulevard,Suite 1400 coo° t One Penn Center Plaza» Philadelphia,PA 19103 g , ., (215)563-7000 �*. it 4 � ca w 74 M 3:2. PHELAN HALLINAN,LLP Attorney for Plaintiff =;:0 --DM Meredith Wooters,Esq.,Id.No.307207 3D w CD 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza )>d =` � Philadelphia,PA 19103 C o n 215-563-7000 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.: 09-7350 CIVIL TERM SCOTT D.SMITH 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". / Meredith Wooters,Esq.,Id.No.307207 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 Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. PHS#220111 Name and Phelan 1{allinan,LLP Address 1617 JFK Boulevard,Suite 1400 Of Sender One Penn Center Plaza Philadelphia.PA 19103 AZK/GNM-06/05/2013 SALE Line Article Number Name of Addresser,Street and Post Office Address Postage 1 `*'• TENANT/OCCUPANT 50.-04 :2150 LONGS GAP ROAD PA 170134631 2 *:'• Domestic Relations of 50.44 Cumberland County 13 North Hanover Street Carlisle,PA 17013 re 0 3 "*«" Commonwealth of Pennsylvania $0,44 Department of Welfare } P.O.Box 2675 #I Harrisburg,PA 17185 t ° 4 «*«« lnternal Revenue Service Advixory 58.44 0 cyt 1000 Liberty Avenue Roam 704 Pittsburgh,PA 15222 5 *""* U.S,Department of Justice S0.44 g U.S.Attorney for the Middle District of PA Federal Building 228 Walnut Street,Suite 220 PO Box 11754 Harrisbu ,PA 17108-1754 Tow A'znber or Totil tt=bu of!}leas Port e,Pt,(Raw of ILe M datastioo of vstue is mcpittd em All duax Awwansaar!r ogffed Q.The madmnm iudanuirypry�bk Nom Uued by Suds Retett[dst Pat tMta Rattfvi+tz Employee) forthe rnv=ctiw of oamnvd"doeumems and=EWrtt.M=1 doc u m reoon&uctiao i dur* t is SopW per picambjeetto*limb ofS500.000pawamma.Themv mumindemnhypoyg4eoaErauasMulmembmdireisSM. lice mxsimam iodenwily DaysDk is SSS,ODOfa teystered mdl,sent w4A optionsf insutsna.See D*mtr&J.W Msoosf R90o S4t5 u+65921 fa la ttriam ofta . Form 3877 Facsimile C-) C= Z rn rri PHELAN HALLINAN,LLP Attorney for Plaintiff rn r— Meredith Wooters,Esq.,Id.No.307207 1617 JFK Boulevard,Suite 1400 C) One Penn Center Plaza e_'=D CD_n Philadelphia,PA 19103 n =7; q 215-563-7000 CD i4-1 <__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA JPMORGAN CHASE BANK,NATIONAL CUMBERLAND COUNTY ASSOCIATION,SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC COURT OF COMMON PLEAS Plaintiff, CIVIL DIVISION V. No.:09-7350 CIVIL TERM SCOTT D.SMITH 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". lw"Jj�tA - Meledith Wooters,Esq.,Td.No.307207 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. PHS#220111 Name and Phelan llaliinan,LLP j Address 1617 JFK Boulevard,Suite 1400 ' Of Sender One Penn Center Plaza Philadelphia.PA 19103 AZKJGNM-06,105!1013 SALE, e tine ArticleNumher NsimeofAddresee Street,■ndPost Office Address Pasta c 1 i#AM TENANVOCCUPANT SDA4 2150 LONGS CAP ROAD CARLISLE PA 17013.8651 6 2 '"'" Domestic Relations of 50.44 0 r Cn Cumberland County f 13 North Hanover Street _. C ar lisle.Pry 17013 -3 Commonwealth of Pennsylvania S144 M Department of Welfare P.O.Box 2675 t . Harrisbu ,PA 17165 4 Initroal Revenue Service Advisory SD.44 0 1000 Liberty Avenut Room 704 (( Pitt3bur0t,PA 15222 `. ' 5 "`"' U.S.Department ofdustice 3D.44 U.S.Attorney for the Middle District of PA Federal Bullding 228 Walnut Street,Suite 220 PO Box 11754 Harr isba ,PA 17108-1754 i 7777 20 ToWNu:aeref Taw Numaaorrku rtecuaRr,ra{tiaarc or SActoAtkdart<fvo ottaluc tatzsiatted eaaltaosaccsas oatzsaas tixa+�rt�3s'eacama9.'numutmembdcnnssy Vrj%Va 9 P:e"Undbyso," R—wawpocolnm PA14*2p-mp"l tht'"Vawne-d—V0641.4-4 apim gwm Man dwutwa -ftutum6�isswpwPa as- Pita 06*t ton Bait of 5900.000 PC aavmna,The nndrrnm&&10014 pryabk on 8zpms Md W(Mhmdiz it 5900. ibe midat m bde=ky pyable s$25.000 fa reelected mu7.sam WA 096034 mserona,Salknex5e Mail Mewl RY00 S4i3 7mdSY:t r«tinitAfaca o! Form 3877 Facsimile 14i'e y3ki f. SHERIFF'S OFFICE OF CUMBERLAND CQQNTY r 1LED-OF.i-ir,r Ronny RAnderson THE PIiOTjjQsjC f'h1P��° Sheriff ��,�,ictn p'I t����.f�,r Jody S Smith 2013 AUr 27 QM 9: 57 Chief Deputy CUMBERLAND COUNTY Richard W Stewart PENNSYLVANIA Solicitor 4FFiCE OF THE SHERIFF Chase Home Finance LLC Case Number vs. 2009-7350 Scott D. Smith SHERIFF'S RETURN OF SERVICE 04/03/2013 11:20 AM- Deputy Noah Cline, 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 2150 Longs Gap Road, North Middleton Township, Carlisle, PA 17013, Cumberland County. 04/03/2013 11:20 AM -Deputy Noah Cline, 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: Scott D. Smith at 2150 Longs Gap Road, North Middleton Township, Carlisle, PA 17013, Cumberland County. 06/05/2013 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, 1 Courthouse Square, Carlisle, PA on June 5, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Francis Hallinan, on behalf of Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of SHERIFF COST: $894.45 SO ANSWERS, G August 19, 2013 R-ONW R ANDERSON, SHERIFF wl--ov Pd . I;? -a!;-"Pd . C 9qw/ v (c)CountySuite Sheriff,Tel=_-esoft,Inc. JPMORGAN CHASE BANK,N.A. SUCCESSOR BY COURT OF COMMON PLEAS MERGER TO CHASE HOME FINANCE LLC Plaintiff CIVIL DIVISION V. NO.: 09-7350 CIVIL TERM SCOTT D. SMITH Defendant(s) CUMBERLAND COUNTY PHS #220111 AFFIDAVIT PURSUANT TO RULE 3129.1 JPMORGAN CHASE BANK,N.A.SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC,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 2150 LONGS GAP ROAD,CARLISLE,PA 17013-8651. 1. Name and address of Owner(s)or reputed Owner(s): Name Address(if address cannot be reasonably ascertained, please so indicate) SCOTT D. SMITH 2150 LONGS GAP ROAD CARLISLE,PA 17013-8651 2. Name and address of Defendant(s)in the judgment: Name Address(if address cannot be reasonably ascertained,please so indicate) SCOTT D.SMITH 2150 LONGS GAP ROAD CARLISLE,PA 17013-8651 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) None. 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address(if address cannot be reasonably ascertained,please indicate) None. f ' 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 2150 LONGS GAP ROAD CARLISLE,PA 17013-8651 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: JAN 7 2 M13 By: Phelan Hallinan,LLP Melissa J.Cantwell,Esq.,Id.No.308912 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A. SUCCESSOR BY MERGER COURT OF COMMON PLEAS TO CHASE HOME FINANCE LLC . CIVIL DIVISION Plaintiff NO.: 09-7350 CIVIL TERM VS. . SCOTT D. SMITH CUMBERLAND COUNTY Defendant(s) .NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: SCOTT D. SMITH 2150 LONGS GAP ROAD CARLISLE, PA 17013-8651 **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 2150 LONGS GAP ROAD,CARLISLE,PA 17013-8651 is scheduled to be sold at the Sheriffs Sale on 06/05/2013 at 10:00 AM in the Cumberland County Courthouse,South Hanover Street, Carlisle,PA 17013 to enforce the court judgment of$95,245.05 obtained by JPMORGAN CHASE BANK,N.A. SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC (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.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s 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. } f � 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 r LEGAL DESCRIPTION All that certain improved tract of land situate in North Middleton Township Cumberland County Pennsylvania,more particulalry bounded and described according to subdivision plan for Steven R. Waggoner and Bonnie L.Waggoner,dated march 23, 1981,and recorded in Cumberland County plan book 39,page 133,as follows: Beginning at an iron pin on the western dedicated right-of-way line of longs gap road(t-494)at land now or formerly of William G.Waggoner;thence by the western dedicated right-of-way line of said longs gap road, south 40 degrees 52 minutes 33 seconds west 363.91 feet to an iron pin on said western dedicated right-of- way line at land now or formerly of Robert E.Highlands;thence by land now or formerly of Robert E. Highlands,north 88 degrees, 57 minutes 30 seconds west 259.99 feet to an iron pin;thence by land now or formerly of Marshall J.Lebo,north 40 degrees 52 minutes 33 seconds east 508.82 feet to an iron pin at line of land now or formerly of William G.Waggoner;thence by said land now or formerly of William G. Waggoner,south 55 degrees 18 minutes 30 seconds east 200.82 feet to an iron pin on the western dedicated right-of-way line of longs gap road(t-494),the place of beginning. -Being lot no. 1 as shown of the above-described subdivision plan and being improved with a dwelling house. TITLE TO SAID PREMISES VESTED IN Scott D. Smith,by Deed from Terry L. Smith,dated 01/31/2008,recorded 05/21/2008 in Instrument Number 200816732. PREMISES BEING: 2150 LONGS GAP ROAD,CARLISLE,PA 17013-8651 PARCEL NO.29-04-0379-008C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-7350 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK,N.A.SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC Plaintiff(s) From SCOTT D. SMITH (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 garnishees) is enjoined from 1� 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; Z;' (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: $95,245.05 L.L.: Interest FROM 613/2010 TO DATE OF SALE($15.66 PER DIEM)-$17,210.34 Arty's Comm: Due Prothy:$2.25 Arty Paid: $877.16 Other Costs: Plaintiff Paid: Date:2/4/2013 David D. Buell,Prothonotary (Seal) _By Deputy REQUESTING PARTY: Name: MELISSA J.CANTWELL,ESQUIRE Address: PHELAN HALLINAN,LLP 1617 HK BLVD.,SUITE 1400 ONE PENN CENTER PLAZA PHILADELPHIA,PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No.308912 TRUE COPY FROM RECORD In Testimony whereof,I here unto set my hand and the seal of said Couft�at Qarlisle,Pa' L V dayof )-8b_,20 thonotary On March 11, 2013 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA, Known and numbered as 2150 Longs Gap Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 11, 2013 By: . C� Real Estate Coordinator E fi :Z d S- 833 E l Ql CUMBERLAND LAW JOURNAL Writ No. 2009-7350 Civil CHASE HOME FINANCE LLC vs. SCOTT D. SMITH Atty.: Francis Hallinan By virtue of a Writ of Execution NO. 09-7350 CIVIL TERM, JPMOR- GAN CHASE BANK, N.A. SUCCES- SOR BY MERGER TO CHASE HOME FINANCE LLC vs. SCOTT D. SMITH owner(s) of property situate in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County, Pennsylvania, being 2150 LONGS GAP ROAD,CAR- LISLE,PA 17013-8651. Parcel No. 29-04-0379-008C. Improvements thereon:RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $95,245- .05. t 71 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 12, April 19 and April 26, 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. &-Marfe Coyne,Edifor T SWORN TO AND SUBSCRIBED before me this 26 day of April, 2013 Notary a r y NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My commission Expires Apr 28,2014 The Patriot-News Co. ���� ���=~ Technol0gyPkw� t4e atr1*otAvXtws~��k�ite 300 �= � Mechanicsburg, PA 17050 Now you know Inquiries - 717-255_8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 18. 182@ Commonwealth of Pennsylvania, County ofDauphin) ao 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 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 ofpublication 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 man on the date(a)mhomrn below: — ' -- - - ` 04116/13 '1,C=°S===M=� |��~°=~~� 04/23/13 VS. x� SCOTT D.SMITH 04130/13 Atty.Francis maw/man ^^--~- By virtue of a Writ of Execution NO.09' �o ov��swx 'w~ ' ' ' ' ' ' ' ' ' ' ' ' ' nMo80m, CHASE naxY. N.A. L' w��rVC�� SUCCESSOR— �vvo subscribed befo thi 13d ofk8 2O13VS. ;.amma�m�*oe�u� /'/ A.D. SCOTT D.SMITH owner(s) of property mmom in the TOWNSHIP OF NORTH MIDDLETON, Cumberland County,Pennsylvania,being ULAR, (Municipality) o 2150 LONGS GAP ROAD,CARLISLE, PA 17013-8651 ~~—~~- m Parcel No.z9-04-0379-008C . (Acreage or street address) COMMONWE—ALTH OF PENNSYLVANIA Improvements thereon: RESE F14TIAL DWELLING I Notarial seal JUDGMENT AMOUNT 1��45-05 Holly Lynn warfelt Notary public Washington TWP.,Dauphin county MY commission Expires Dec.12,2016 MEMBER,PENNSyLVANIA ASS TION OF NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 5th day of June A.D., 2013, under and by virtue of a writ Execution issued on the 4th day of February, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7350, at the suit of Morgan Chase Bank,N.A. against Scott D. Smith is duly recorded as Instrument Number 201328477. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. Recorder of Deeds Of d County,Carlisle,PA M the FQSt Monday of Jan.2014