Loading...
HomeMy WebLinkAbout09-8718Phelan 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 .'_ iIme 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 224540 JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HE1 3476 STATEVIEW BOULEVARD FORT MILL, SC 29715 Plaintiff V. KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013-1874 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CQ - 8718 010rarm CUMBERLAND COUNTY File #: 224540 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. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 Fite #: 224540 Plaintiff is JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HEl 3476 STATEVIEW :BOULEVARD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013-1874 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/10/1993 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to BANK UNITED OF TEXAS FSB which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1185, Page 689. By Assignment of Mortgage recorded 08/30/1994 the mortgage was assigned to GE CAPITAL MORTGAGE SERVICES, INC. which Assignment is recorded in Assignment of Mortgage Book No. 480, Page 1132. 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. File #: 224540 5 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 04/01/2009 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. The following amounts are due on the mortgage: Principal Balance $60,729.15 Interest $2,914.16 03/01/2009 through 12/17/2009 (Per Diem $9.98) Attorney's Fees $1,300.00 Cumulative Late Charges $28.04 12/10/1993 to 12/17/2009 Property Inspections $60.00 Cost of Suit and Title Search $550 00 Subtotal $65,581.35 Escrow Credit $0.00 Deficit $482.54 Subtotal S482 5A TOTAL - $66,063.89 7 8. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in nercam 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 File #: 224540 discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 91 of 1983 because the mortgage is FHA-insured. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $66,063.89, together with interest from 12/17/2009 at the rate of $9.98 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: A-,VA 4wrEEJ]Len?ce 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 #: 224540 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land located in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, said point being located and referenced 316.00 feet from the right of way intersection of the western right of way of College Street and the southern right of way of 'C' Street; thence along land now or formerly of Russell Baer, South 19 degrees 54 minutes 05 seconds West, 150.00 feet to an iron pin; thence along an unnamed alley (a 16.00 foot Row), North 70 degrees 05 minutes 55 seconds West, a distance of 17.00 feet to an iron pin; thence along Lot No. 36-A, now or formerly of Beverly K. Cutshall, and through the party wall of an existing 2 1/2 story dwelling, North 19 degrees 54 minutes 05 seconds East (erroneously referred to as South 19 degrees 54 minutes 05 seconds West in prior deed of record), 150.00 feet to an iron pin; thence along the southern right of way line of 'C' Street (a 60.00 foot Row), South 70 degrees 05 minutes 55 seconds East, a distance of 17.00 feet to an iron pin, the place of BEGINNING. BEING Lot No. 36 on the final subdivision plan of Lila Phipps, recorded in the Office of Recorder of Deeds in Plan Book 60, Page 70. PARCEL NO. 06-19-1643-370 PROPERTY BEING: 344 C STREET File #: 224540 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 unsworn falsifications to authorities. ?C Attey for Plaintiff DATE: (7 File #: 224540 0 Fl! ED 1'1 r91JEC 18 Ai 1 t E • 42 $ta. Oo PQ ATNr cir-* 8905511 2T# A35aa.(o ~~r-~~r~iu~ i r n ,,' ~ ~ T ZQiO ~r"i~ -$ ~I i ~~ „~,, , .r L~l,~", ~'~.Idl~1~.J7 I. d' Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 ~ancis 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 JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HE1 Plaintiff vs. KARL N. ALBRIGHT Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8718-CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE PHS #: 224540 TO THE PROTHONOTARY: 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: ~ v'r~~ ^ L wrence 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 Date: 1-5-10 PHS #: 224540 VERIFICATION Xee Moua hereby states that he/she is V.P. Loan Documentation of WELLS FARGO HOME MORTGAGE, INC., servicing agent for Plaintiff 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. DATE: 12/ 18/09 ~~ Nam Xee Moua Title: V.P. Loan Documentation Company: WELLS FARGO HOME MORTGAGE, INC. File #: 224540 Albright 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 ATTORNEY FOR PLAINTIFF One Perm Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HE1 COURT OF COMMON PLEAS CIVIL DIVISION NO. 09-8718-CIVIL TERM CUMBERLAND COUNTY Plaintiff vs. KARL N. ALBRIGHT Defendant(s) 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 #: 224540 KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013-1874 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: ~~ //~ -~- ^ Lawrence T. Phelan, Esq., Id. No. 32227 ~rancis S. Hallinan, Esq., Id. No. 6269 ^ 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 Date: 1-5-10 PHS #: 224540 ` - Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HE1 Plaintiff vs KARL N. ALBRIGHT Defendant : I Court of Common Pleas : I Civil Division CUMBERLAND County : I No. 09-8718-CIVIL TERM 77 -- ca TO THE PROTHONOTARY: Please mark the judgment in the above-captioned matter to the use of WELLS FARGO BANK, NA, located 3476 STATETE EW BOULEVARD, FORT MILL, SC 29715. r Date: August 13, 2010 _,N HALLINAN & By awrence T. Phelan, Esq., Id-.', Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T omano, Esq., Id. No. 58745 Shee R. Shah-Jani, Esq., Id. No. 81760 Je a 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. 205017 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 20$375 Attorneys for Plaintiff PHS: 224540 S-9, p4?? `7 Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Attorney For Plaintiff One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 JP MORGAN CHASE BANK, NA AS I: I Court of Common Pleas SUCCESSOR TRUSTEE BY MERGER TO THE : FIRST NATIONAL BANK OF CHICAGO, AS : Civil Division TRUSTEE FOR HOME EQUITY LOAN PASS-I: I THROUGH CERTIFICATES, SERIES 19%-HE1 Plaintiff vs KARL N. ALBRIGHT Defendant : I CUMBERLAND County : I No. 09-8718-CIVIL TERM PRAECIPE FOR VOLUNTARY SUBSTITUTION OF PARTY PLAINTIFF PURSUANT TO Ps.R,C.P.. 2352 TO THE PROTHONOTARY: Kindly substitute WELLS FARGO BANK, NA as successor Plaintiff for the originally named Plaintiff. The material facts on which the right of succession and substitution are based as follows: WELLS FARGO BANK, NA is the current holder of the mortgage by virtue of that certain Assignment of Mortgage, which Assignment has been executed and sent for recording in CUMBERLAND County on or about 7/22/2010. Kindly amend the information on the ock t accordingly. Date: August 13, 2010 HALLINAN & S '-be*rence 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 She 1 R. Shah-Jani, Esq., Id. No. 81760 J me 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 PHS: 224540 ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of WELLS FARGO'BANK, NA, use plaintiff. Date: August 13, 2010 PHELAN HALLINAN & SCHMIEG, LLP By: 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 PHS: 224540 ~lHEF~IFF'S OFFICE OF CUMBERLAND COUNTY y ~; ,A ~ ~. Ronny R Anderson L ~.L~ i' ~` ~ ~- a~ ~ ~ s~~~ ~~~,~str ~i ~~r,r~6r~~~~~ Jody S Smith ~ y ~~ ~ ~ v'~~ _ -~ p~1 ~ ~: ~ Chief Deputy ~ ,~ ~;~ `;~~._ Richard W Stewart ~~ ~'LEi~I~ ";~.~'`,~~~~ ~~~+~~ ~ Solicitor ~;:~ic E ~ -.. o s~~~irF ~ E i ~ i r ~ ~~ ~.~1~f-L s~8 ~ ~'A JP Morgan Chase Bank Case Number vs. 2009-8718 Karl N. Albright SHERIFF'S RETURN OF SERVICE 03/30/2010 05:54 PM -Michael Garrick, Deputy Sheriff, who being duly sworn according to law, states that on 3/30/1( at 1754 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 Karl N. Albright, located at, 344 C Street, Carlisle, Cumberland County, Pennsylvania according to law. 04/08/2010 07:19 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 4/8/10 at 1916 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: Karl N. Albright, by making known unto, Karl N. Albright, personally, at, 344 C Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 05/27/2010 Property sale postponed to 8/4/2010. 07/30/2010 Property sale postponed 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: $645.22 SO ANSWERS, October 05, 2010 RON R ANDERSON, SHERIFF ~ ~~. C'o .sue ~ ~, ~~ ~~ ~~~ )c) CountySutte ShenPf. Teleosoft. Inc. JP 1l~IORGAN CHA5E.~ANK, NA AS SUCCESSOR TRUS~'EE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HE1 Plaintiff v. KARL N. ALBRIGHT Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION N0.09-8718-CIVIL TERM CUMBERLAND COUNTY AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIItST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HEl, 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 344 C STREET, CARLISLE, PA 17013-1874. 1. 2. 3. 4. 6. Name and address of Owner(s) or reputed Owner(s): Name KARL N. ALBRIGHT SAME AS ABOVE Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) 344 C STREET CARLISLE, PA 17013-1874 Address (if address cannot be reasonably ascertained, please so indicate) 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) UNITED STATES DISTRICT COURT FOR 235 NORTH WASHINGTON AVENUE, SUITE 311 THE MIDDLE DISTRICT OF PENNSYLVANIA SCRANTON, PA 18503 C/O JUSTIN J. BLEWITT, ESQUIRE UNITED STATES DISTRICT COURT FOR 218 PINE STREET THE MIDDLE DISTRICT OF PENNSYLVANIA HARRISBURG, PA 17101 C/O KILLIAN & GEPHART, LLP Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) MELLON BANK, NA PO BOX 149 PITTSBURGH, PA 15230-0149 MELLON BANK, N.A. 10 SOUTH MARKET SQUARE HARRISBURG, PA 17101 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. 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 None. reasonably ascertained, please indicate) Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may bg affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 344 C STREET CARLISLE, PA 17013-1874 13 North Hanover Street Carlisle, PA 17013 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 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program BARBARA K. ALBRIGHT 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 6`~ Floor, Strawberry Sq., Dept 28061 Harrisburg, PA 17128 13'~" Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 1125 CENTERVILLE ROAD NEWVILLE, PA 17241-9554 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 March 9.2010 Phelan Hallinan &Schmieg, LLP ^ Lawrence T. Phelan, Esq., Id. No. 32227 ^ Fr cis S. Hallinan, Esq., Id. No. 62695 ^ aniel 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 JP MOR(IAN CHASE BANK, NA AS SUCCESSOR TRUSTEE COURT OF COMMON PLEAS BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS- CIVIL DIVISION THROUGH CERTIFICATES, SERIES 1996-HEl . N0.09-8718-CIVIL TERM Plaintiff CUMBERLAND COUNTY vs. KARL N. ALBRIGHT Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: KARL N. ALBRIGHT 344 C STREET CARLISLE, PA 17013-1874 *'~THI5 FIItM 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 344 C STREET, CARLISLE, PA 17013-1874 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 $66,702.61 obtained by JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HEl (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 b~ 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 Sheriffthe full amount due in the sale. To find out if this has happened, you may ca11215-563-7400. 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 (14) 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 N0.09-8718-CIVIL TERM JP MORGAN CHASE BANK, NA AS SUCCESSOR TRUSTEE BY MERGER TO THE FIRST NATIONAL BANK OF CHICAGO, AS TRUSTEE FOR HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HEl vs. KARL N. ALBRIGHT owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, (Municipality} Pennsylvania, being 344 C STREET, CARLISLE. PA 17013-1874 (Acreage or street address) Parcel No. Ob-19-1643-370 Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $66,702.61 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected located in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point, said point being located and referenced 316.00 feet from the right-of--way intersection of the western right-of-way of College Street and the southern right-of- way of'C' Street; thence along land now or formerly of Russell Baer, South 19 degrees 54 minutes 05 seconds West 150.00 feet to an iron pin; thence along an unnamed alley (a 16.00 feet right-of--way), North 70 degrees OS minutes 55 seconds West, a distance of 17.00 feet to an iron pin; thence along Lot #36-A now or formerly of Beverly K. Cutshall and through the party wall of an existing 2 1/2 story dwelling, North 19 degrees 54 minutes OS seconds East (erroneously referred to as South 19 degrees 54 minutes OS seconds West in prior deeds) 150.00 feet to an iron pin; thence along the southern right-of--way line of'C' Street (a 60.00 foot right-of--way), South 70 degrees 05 minutes 55 seconds East, a distance of 17.00 feet to an iron pin; the Place of BEGINNING. SAID lot containing 2550.00 square feet. Being Lot 36 on the Final Subdivision Plan of Lila Phipps recorded in the Office of the Recorder of Deeds in Plan Book 60, Page 70, and known as 344 'C' Street, Carlisle, Pennsylvania. TITLE TO SAID PREMISES IS VESTED IN Karl N. Albright, by Deed from Jeffrey T. Lindsey, acting through his Attorney in fact, Thomas W. Lindsey and Kandace R. Lindsey, acting through her Attorney in fact, Thomas W. Lindsey, dated 12!07/1993, recorded 12!15!1993 in Book R-36, Page 981. PREMISES BEING: 344 C STREET, CARLISLE, PA 17013-1874 PARCEL NO.06-19-1643-370 ' WRIT OF EXECUTION andlor ATTACHMENT f COMMONWEALTH OF PENNSYLVANIA) NO 09-8717 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, NA, as Successor Trustee by Merger to THE FIRST NATIONAL BANK OF CHICAGO, as Trustee for HOME EQUITY LOAN PASS-THROUGH CERTIFICATES, SERIES 1996-HE1, Plaintiff (s) From KARL N. ALBRIGHT (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 $66,702.61 L.L.$.50 Interest from 2/20110 to Date of Sale ($10.96 per diem) - $1,128.88 Atty's Comm % Due Prothy $2.00 Atty Paid $165.90 Other Costs Plairti~`1' Paid Date: 3!10!10 David D. B ell, Prothonotary /Seal) By: ItEOL'ESTING PARTY: ?~ia-me: MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER, SUITE 1400 1617 JFK BOULEVARD PHILADELPHIA, PA 19103 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 69849 Deputy On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA, Known and numbered, 344 C Street Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: eal Estate Coordinator ~ ` .~ U 5 i ~~~~ Uri `~~--J c't `ty - _ - ~~ J,yy~l1 ~Z G~ PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (tinder 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 Apri130, 2010 Affiant fiu ther 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. wm Ito. o9-s~>ts ciu JP Morgan Chase Bank, NA As Successor Trustee by Merger to the First National Bank of Chicago, As Trustee for Home Equity Loan Pass-Through Certificates, Series 1996-HE1 vs. Karl N. Albright Atty: Daniel Schmieg Owner of property situate in the BOROUGH OF CARLISLE, Cum- berland County, Pennsylvania, be- ing 344 C STREET, CARLISLE, PA 17013-1874. Parcel No. 06-19-1643-370. Improvements thereon: RESIDEN- TIAL DWELLING. JUDGMENT AMOUNT: $b6,702- .61. ~----~ Lisa Marie Coyne, ditor S RN TO AND SUBSCRIBED before me this 30 da of Aril 2010 ~' Notary NGYARI/IL SEAL DESQRAH A COLLINS Noglryr PYb1iC eOAOlJ6F1. ClJNS3ERLAND C01NrT1' M!- Conipiftt~n E~pins Apr 48, 201 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'~e ~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, pace and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 ~,....._ 04/23/10 -, ~ /'~~-' 04/30/10 l ~" ..............~.......... _:....... _ Sworn to and subscribed before me~this 1~~day of May, 2010 A.D. ,,~~ . r- L ~ ~ t mac' -~.-.-. ( __, ~ ~_-~. - ' Notary Public COMMONWEALTH OF PENNSYLVANIA Notar1a15ea! Sherrie L Kisner, Notary Publk Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsvlvanla Assoc(atlon of Notaries Writ No. 09-871& CivllTerm ."~ Morgan Chase Bank, NA as Successor Trustee By Merger to The Flrst.National Bank of Chicago, as Trustee For Home Equity Loan Pass-through Certffk:ates, Seti~,1996-het Vs. I(arl N. Albright Atty: Daniel Schmieg Owner(s) of property situate in the BOROUGH OF CARLISLE, Cumberland County, (Municipality) Pennsylvania, being 344 C STREET, CARLISLE, PA 17013-1874(Acreage or street address) Pazcel No. 06-19-1643-370 improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $66,702.61