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Home My WebLink About10-03390 r... 2510 j A N 13 114 j4 ICai: a b 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 ,,10-drew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua 1. 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 226614 CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 V. Plaintiff ERIC FOSTER PRECIOUS EVERSON 119 BUNGALOW ROAD ENOLA, PA 17025-2313 Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. to - 339 l.;wi I Terra CUMBERLAND COUNTY qa. oo Pb ATN 8q Qgjb a?aa(o File #: 226614 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 File #: 226614 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: ERIC FOSTER PRECIOUS EVERSON 119 BUNGALOW ROAD ENOLA, PA 17025-2313 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 10/26/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FLORIDA CAPITAL BANK, N.A.FLORIDA CAPITAL BANK MORTGAGE which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Instrument No. 200741423. 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 03/01/2009 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 #: 226614 6 The following amounts are due on the mortgage: Principal Balance $177,802.24 Interest $12,220.72 02/01/2009 through 01/12/2010 (Per Diem $35.32) Attorney's Fees $650.00 Cumulative Late Charges $798.20 10/26/2007 to 01/12/2010 Costs of Suit and Title Search $550.00 Subtotal $192,021.16 Escrow Credit $0.00 Deficit $4,350.83 Subtotal $4,350.91 TOTAL $196,371.99 7. 8. Plaintiff is nQt seeking a judgment of personal liability (or an in personam 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. 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. File #: 226614 WHEREFORE, Plaintiff demands an in ram judgment against the Defendant(s) in the sum of $196,371.99, together with interest from 01/12/2010 at the rate of $35.32 per diem to the date of judgment, and other costs, fees, and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINANVIIEG, LLP By: La nce elan, Esq., Id. o. 32227 ? Francis S. Hallinan, Esq., I . No. 62695 ? Daniel G. Schmieg, Esq., d. 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 ? P 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 #: 226614 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel and lot of land situate on the south side of Bungalow Road in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania; being known as Lot 4 on the Final Subdivision Plan for the Townes at Bungalow, recorded in Plan Book 92, Page 64 and being more fully bounded and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Bungalow Road at the dividing line of Lot 3 and Lot 4, herein described; thence by said dividing line South 44 degrees 15 minutes 00 seconds East a distance of 184.87 feet to a point at lands now or formerly of Vincent B. Durkis Living Trust; thence by said lands South 45 degrees 45 minutes 00 seconds West a distance of 21.35 feet to a point at the dividing line of Lot 5 and Lot 4, herein described; thence by said dividing line North 44 degrees 15 minutes 00 seconds West a distance of 198.09 feet to a point on the southern right-of-way line of Bungalow Road; thence by said right-of-way line North 77 degrees 32 minutes 11 seconds East a distance of 25.11 feet to a point, the place of BEGINNING. PARCEL NO. 09-13-1002-410 PROPERTY BEING: 119 BUNGALOW ROAD File #: 226614 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. DATE: File #: 226614 OF ? h c p, ? TORY 2010 FEB -8 AM 8: 33 ?'??NSYLVANIA. NTY 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 ,-?ivek 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. ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-339 CIVIL TERM ERIC FOSTER CUMBERLAND COUNTY PRECIOUS EVERSON Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: PHS #: 226614 Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Halli C , LLP Attorney f a' i f 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 ? She 1 R. Shah-Jani, Esq., Id. No. 81760 ? /Je meR. Davey, Esq., Id. No. 87077 ren 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: 2-3-10 PHS #: 226614 VERIFICATION Beth Cottrell hereby states that he/she is Assistant Secretary 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. A Name: Beth Cottrell DAT I0 Title: Assistant Secretary Company: CHASE HOME FINANCE LLC File #: 226614 Foster Phelan Hallman & 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. ERIC FOSTER PRECIOUS EVERSON Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 10-339 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: ERIC FOSTER 119 BUNGALOW ROAD ENOLA, PA 17025-2313 PHS #: 226614 PRECIOUS EVERSON 119 BUNGALOW ROAD ENOLA, PA 17025-2313 Phelan Hallin ch g, LLP Attorney for a' 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 Romano, Esq., Id. No. 58745 ? She 1 R. Shah-Jani, Esq., Id. No. 81760 El Je 1ne 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Date: 2-3-10 PHS #: 226614 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy -TAPY 2010 FEB 16 PM c'-': 14 Edward L Schorpp Solicitor Chase Home Finance LLC vs. Eric M. Foster CIFFtt F - . - Case Number 2010-339 SHERIFF'S RETURN OF SERVICE 02/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on February 11, 2010 at 1115 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Eric Foster. Request for service at 119 Bungalow Road, Enola, PA 17025 is currently for sale. The residence appears vacant but a dog was found inside, and a neighbor advised Deputies the defendant is still residing at this address. The Enola Postmaster has confirmed Eric Foster is receiving mail at 119 Bungalow Road, Enola, PA 17025. After several attempts the Complaint in Mortgage Foreclosure has expired. 02/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that on February 11, 2010 at 1115 hours, he was unable to serve a true copy of the within Complaint In Mortgage Foreclosure, upon the within named defendant, to wit: Precious Everson. Request for service at 119 Bungalow Road, Enola, PA 17025 is currently for sale. The residence appears vacant but a dog was found inside, and a neighbor advised Deputies the defendant is still residing at this address. The Enola Postmaster has confirmed Precious Everson is receiving mail at 119 Bungalow Road, Enola, PA 17025. After several attempts the Complaint in Mortgage Foreclosure has expired. SHERIFF COST: $84.50 February 11, 2010 %V Calnt SUile She;rtf Teleosott Inc. SO A SWERS, R NY R ANDERSON, SHERIFF J, FILE 2010 FE0 23 P1 12:07 Cbq;" 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. ERIC FOSTER PRECIOUS EVERSON Defendants ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY No. 10-339 CIVIL TERM PRAECIPE TO REINSTATE CIVIL ACTION/MORTGAGE FORECLOSURE flaoo `i?u4kl i 013 79is !r TO THE PROTHONOTARY: Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. PHELAN HAI,LR4AN & SCHMIEG, LLP By: ? La c T. Phelan, q.,-Id. No. 32227 ? Fr is . Hallinan, q., Id. No. 62695 ? D iel Schm' , Esq., Id. No. 62205 ? Michele radford, 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 Attorneys for Plaintiff Date: February 22, 2010 /j j 1, Svc Dept. File# 226614 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff fflM Jody S Smith a OF THE HONOT Chief Deputy Edward L Schorpp 2010 MAR -4 PM I: 36 Solicitor` CUMBI-1'?' `4D ctJU}V y PENNSYLV94A Chase Home Finance LLC Case Number vs. Eric M. Foster (et al.) 2010-339 SHERIFF'S RETURN OF SERVICE 02/26/2010 01:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 26, 2010 at 1320 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Eric M. Foster, by making known unto Carole Askins, Mother of defendant at 119 Bungalow Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. Y TIM , DEPUTY 02/26/2010 01:20 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on February 26, 2010 at 1320 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Precious Everson, by making known unto Carole Askins, adult in charge at 119 Bungalow Road, Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $57.50 March 01, 2010 TI CK, DEPUTY SO ANSWERS, RON R ANDERSON, SHERIFF ?c) 0011t:tyJll1(@ Jhf-Iff, Telnsoft. Inc. PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE HOME FINANCE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v ERIC FOSTER PRECIOUS EVERSON Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/01/2010 to Date of Sale ($32.73 per diem) TOTAL co >- < WF" N - 5 C3 C) tip ? c?a r• :ZJ z Zr mw 4. C) o C Note: Please attach description of property. PHS # 226614 s 9 ?, D o casts 8 F s?l, sa r t ) ? a. JY, pV ?? '1 S 1,, r d QI NO.: 10-339 CIVIL TERM CUMBERLAND COUNTY $199,126.95 $10,997.28 $210,124.23 A. Ill. 0 ARVne? for Plaintiff - y Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? F 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. 81-760 ? Jenine R. Davey, Esq., Id. No. 87077 ? Lauren R. Tabas, Esq., Id. No. 93337 ? Vivek Srivastava, Esq., Id. No. 202331 ? Jay $. Jones, Esq., Id. No. 86657 ? Peter J. Mulcahy, Esq., Id. No. 61791 ? Andrew L. Spivack, Esq., Id. No. 84439 ? Jaime McGuinness, Esq., Id. No. 90134 ? Chrisovalante P. Fliakos, Esq., Id. No. 946120 ? Joshua 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 20837$ ? Allison F. Wells, Esq., Id. No. 309519 g y. 0 o a u.C. C.6 5-6 'D WC- AJ- i? a.r?ar$ •d a? a? .a ?M z °x 3 N O o? ? ? N CL n ? ; O ? ? 3 ?t 7a R C 7a Rm a TO w a ?,?,0 - a a- w W4 of a U oa a I ? U f O C ?U U > WIC: z 0 o 0 w r N N QQN? pp N?p?ON? en -- M o, .-. Ctn???pJyy o? MNN n00 NM ?O?O p00 pM hoo?'7'NC?I GO?i O Oz Zo?ocm+Nr1 G C p"2 6 3zcon bbbz-d d d 66 Z "zz d. ..Ti° ate, cT c?" (? ~- W 'r-+° '?-° ? z '? d" a• ? " ?" '.-.° 5"?? uwww a "? o?w "rsi ? ?w g?w x „ct .? ? pp ? q a EE-31 110000000000001] LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel and lot of land situate on the south side of Bungalow Road in the Township of East Pensboro, County of Cumberland, Commonwealth of Pennsylvania; being known as Lot 4 on the Final Subdivision Plan for The Townes at Bungalow, recorded in Plan Book 92, Page !164 and being more fully bound and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Bungalow Road at the dividing line of Lot 3 and Lot 4, herein described, thence by said dividing line South 44 degrees 15 minutes 00 seconds East a distance of 184.87 feet to a point at lands now or formerly Vincent B. Durkis Living Trust; thence by said lands South 45 degrees 45 minutes 00 seconds West a distance of 21.35 feet to a point at the dividing line of Lot 5 and Lot 4, herein described; thence by said dividing line North 44 degrees 15 minutes 00 seconds West a distance of 198.09 feet to a point on the southern right=of-way line of Bungalow Road; thence by said right-of-way line North 77 degrees 32 minutes 11 seconds East a distance of 25.11 feet to a point. The POINT OF BEGINNING. CONTAINING 4,087 Square Feet. UNDER AND SUBJECT to a 20 feet:wide drainage easement along the northern side of the lot and a ?6 feet wide drainage and pedestrian easement crossing the southern side of the lot. UNDER AND SUBJECT to Declartation of Storm Water Management System dated August 14, 2007 and recorded August 20, 2007 in Cumberland County Recorder of Deeds in Instrument Number, 200732415. TITLE TO SAID PREMISES IS VESTED IN Eric Foster and Precious Everson, both single persons, as joint tenants with the right of survivorship, by Deed from A.P. Williams Company, 'a Pennsylvania General Partnership, dated 10/26/2007, recorded 10/31/2007 in Instrument Number 200741422. PREMISES BEING: 119 BUNGALOW ROAD, ENOLA, PA 17025-2313 PARCEL NO. 09-13-1002-410, Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Plaintiff V. ERIC FOSTER PRECIOUS EVERSON Defendant(s) ILED-O EICE OF THE PROTHONOTARY 2010 NOV I 1 PM 2: 58 CU PENNSYLVANIA TY CERTIFICATION Attorneys for Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-339 CIVIL TERM CUMBERLAND COUNTY The undersigned attorney hereby states that he/she is the attorney for the Plaintiff in the above captioned matter and that the premises are not subject to the provisions of Act 91 because: ( ) the mortgage is an FHA Mortgage ( ) the premises is non-owner occupied ( ) the premises is vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unworn falsification to authorities. By: Attorne for Plainti Phelan Hallinan & Schmieg, LLP ? Lawrence T. Phelan, Esq., Id. No. 32227 ? Francis 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 ? Allison F. Wells, Esq., Id. No. 309519 CHASE)iOME FINANCE, LLC COURT OF COMMON PLEAS Plalhtiff FILFQ=flFFICE CIVIL DIVISION V. OF THE PROTHONOTARY 20 Q NOV 11 PH 2:58 NO.: 10-339 CI3A TERM ERIC FOSTER PRECIOUS EVERSON CUMBERLAND COUNTY Defendant(s) PENNSYLVANIA CUMBERLAND COUNTY PHS # 226614 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 119 BUNGALOW ROAD, ENOLA, PA 17025-2313. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ERIC FOSTER PRECIOUS EVERSON 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 119 BUNGALOW ROAD ENOLA, PA 17025-2313 119 BUNGALOW ROAD ENOLA, PA 17025-2313 Address (if address cannot be reasonably ascertained, please so indicate) 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. lp?e and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may b affected by the sale: Name Address (if address cannot be 1 reasonably ascertained, please indicate) TENANT/OCCUPANT 119 BUNGALOW ROAD ENOLA, PA 17025-2313 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 Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 The Townes at Bungalow 2325 Paxton Church Road C/o: A.P. Williams, Inc. Harrisburg, PA 17110 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. November 15, 2010 AAY, //,)A It k it VL4 By: Attorney f Plaintiff 41 Phelan Hallinan & Schmieg, LLP ? La ence T. Phelan, Esq., Id. No. 32227 ? F 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 ? Allison F. Wells, Esq., Id. No. 309519 CHASE HOME FINANCE, LLCFILED-OFFICE OF THE PROTHONOTARY ERIC FOSTER PRECIOUS EVERSON 2010 NOV 17 PM 2: 5 8 CUMERLAND COUNTY PENNSYLVANIA : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION NO.: 10-339 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC FOSTER PRECIOUS EVERSON 119 BUNGALOW ROAD 119 BUNGALOW ROAD ENOLA, PA 17025-2313 ENOLA, PA 17025-2313 "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 119 BUNGALOW ROAD, ENOLA, PA 17025-2313 is scheduled to be sold at the Sheriff s Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $199,126.95 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 FIGHTS 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 lnd out the price bid by calling 215-563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-339 CIVIL TERM CHASE HOME FINANCE, LLC vs. ERIC FOSTER PRECIOUS EVERSON owner(s) of property situate in the TOWNSHIP OF EAST PENSBORO, Cumberland County, Pennsylvania, being (Municipality) 119 BUNGALOW ROAD. ENOLA. PA 17025-2313 Parcel No. 09-13-10024109 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $199,126.95 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel and lot of land situate on the south side of Bungalow Road in the Township of East Pensboro, County of Cumberland, Commonwealth of Pennsylvania; being known as Lot 4 on the Final Subdivision Plan for The Townes at Bungalow, recorded in Plan Book 92, Page 64 and being more fully bound and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Bungalow Road at the dividing line of Lot 3 and Lot 4, herein described; thence by said dividing line South 44 degrees 15 minutes 00 seconds East a distance of 184.87 feet to a point at lands now or formerly Vincent B. Durkis Living Trust; thence by said lands South 45 degrees 45 minutes 00 seconds West a distance of 21.35 feet to a point at the dividing line of Lot 5 and Lot 4, herein described; thence by said dividing line North 44 degrees 15 minutes 00 seconds West a distance of 198.09 feet to a point on the southern right-of-way line of Bungalow Road; thence by said right-of-way line North 77 degrees 32 minutes I 1 seconds East a distance of 25.11 feet to a point. The POINT OF BEGINNING. CONTAINING 4,087 Square Feet. UNDER AND SUBJECT to a 20 feet wide drainage easement along the northern side of the lot and a 26 feet wide drainage and pedestrian easement crossing the southern side of the lot. UNDER AND SUBJECT to Declartation of Storm Water Management System dated August 14, 2007 and recorded August 20, 2007 in Cumberland County Recorder of Deeds in Instrument Number 200732475. TITLE TO SAID PREMISES IS VESTED IN Eric Foster and Precious Everson, both single persons, as joint tenants with the right of survivorship, by Deed from A.P. Williams Company, a Pennsylvania General Partnership, dated 10/26/2007, recorded 10/31/2007 in Instrument Number 200741422. PREMISES BEING: 119 BUNGALOW ROAD, ENOLA, PA 17025-2313 PARCEL NO. 09-13-1002410, WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-339 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC Plaintiff (s) From ERIC FOSTER AND PRECIOUS EVERSON (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$199,126.95 L.L.$.50 Interest FROM 04/01/2010 TO DATE OF SALE (32.73 PER DIEM) - $10,997.28 Atty's Comm % Atty Paid $284.50 Plaintiff Paid Due Prothy $2.00 Other Costs Date: November 17, 2010 (Seal) REQUESTING PARTY: Name MICHELE M. BRADFORD, ESQUIRE Deputy Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney- for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 69849 Davi uell, Prothonofary By: E . HELP OTHO-NO App 2010 DEC 17 AN 10: 2 0- C'U14BERLAND COUNT'," PENNSYLVANIA DEC1b . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas V. ERIC FOSTER PRECIOUS EVERSON Defendants Civil Division CUMBERLAND County No.: 10-339 CIVIL TERM RULE AND NOW, this day of 2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiffs Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiffs Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. (20? 1 R4Y -;L/ r? BY THE COURT J. 226614 FILED-OFFICE THE PPOTH O'NIP_1 ,J",` 2010 OR 27 AM 9: 27 CUMBERLAND COUFFT,`??' `?EN14S 1 ?.VANIA Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ERIC FOSTER PRECIOUS EVERSON No.: 10-339 CIVIL TERM Defendants CERTIFICATION OF SERVICE 226614 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 6, 2010 was sent to the following individuals on the date indicated below. ERIC FOSTER PRECIOUS EVERSON 119 BUNGALOW ROAD ENOLA, PA 17025-2313 Phelan Hallinan & Schmieg, LLP DATE: a2 2Ito By: U Lawren e '1' Phelan, Esq. Id. No. 32227 ? Franci S. allinan, Es , Id. No. 62695 ? Dani G. S 'eg, ., Id. No. 62205 ? Michele M. d, 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 ? Andrew C. Bramblett, Esq., Id. No. 208375 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 226614 FILED-OFFICE OF THE PROTHONOTARY 201 1 J . ICS: 47 r; Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Court of Common Pleas Plaintiff : Civil Division V. CUMBERLAND County ERIC FOSTER PRECIOUS EVERSON No.: 10-339 CIVIL TERM Defendants MOTION TO MAKE RULE ABSOLUTE 226614 CHASE HOME FINANCE, LLC, by and through its attorneys, Phelan Hallinan & Schmieg, LLP, hereby petitions this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, and in support thereof avers as follows: That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on December 15, 2010. 3. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendants on December 7, 2010 and requested the Defendants' Concurrence. Plaintiff did not receive any response from the Defendants. True and correct copies of Plaintiff s letter pursuant to Local Rule 208.3(9) and certificate of mailing are attached hereto, made part hereof, and marked as Exhibit "A". 4. A Rule was issued by the Honorable J, Wesley Oler on or about December 16, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "B". 5. The Rule to Show Cause was timely served upon all parties on Decemebr 23, 2010, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "C". 6. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 5, 2011. 226614 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & Schmieg, LLP DATE: A?00 By: ---?"? ? La . Ph sq., Id. o. 2227 rancis 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 IqAflison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 226614 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Plaintiff V. ERIC FOSTER PRECIOUS EVERSON Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No.: 10-339 CIVIL TERM BRIEF IN SUPPORT OF PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE 226614 A Motion to Reassess Damages was filed with the Court on December 15, 2010. A Rule was entered by the Court on or about December 16, 2010 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on December 23. 2010 in accordance with the applicable rules of civil procedure. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 5, 2011. 226614 WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. Phelan Hallinan & DATE: By: i LVawfence T. PheKh, 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 1. Goldman, Esq., Id. No. 205047 ? Courtenay R. Dunn, Esq., Id. No. 206779 Wis ew C.Bramblett, Esq., Id. No. 208375 on F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 226614 Exhibit "A" 226614 CD O a? a? vu ? a c ? o C ? T. U •- a0? 'd L h b 4) PC zao O U C O G w C W ? Q c y . E . E C V N g e ? '? c w U 0 0 }§' F y ? b [ b E;;vE O 5? c? X E yu.? to b E O 2 o m e E e > p. N O T C ra ? ro a 0 w > I - 1 ?,. n C w PR . - ° A Q E w 0 , 0 o N =E b_ 0 s v o vi O ° "$ a oA?a ?r yHa Q b z O o z ? y Q ? z 'C a ?t W w a.. r+, U ul an b b , F ? a 0 0r E IX U .? R z u Z W N F? i er z N z Q =? C tn c t- 00 C71, u ?p N N Exhibit "B" 226614 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas Civil Division V. ERIC FOSTER PRECIOUS EVERSON Defendants CUMBERLAND County No.: 10-339 CIVIL TERM RULE AND NOW, this " day of?2010, a Rule is entered upon the Defendants to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Defendant(s) shall have twenty (20) days of the date of this Order to file a responsive pleading to Plaintiff's Motion to Reassess Damages. If no response is filed with the Court, Plaintiff may file a Motion to Make Rule Absolute and no hearing will be scheduled on this matter. BY THE COURT J'. 226614 Exhibit "C" 226614 ILED lCt C 27 AN X' 7 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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. 20233`1 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. 9440. y? irro ° 4 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblctt, Esq., Id. No. 208375 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Plaintiff Court of Common Pleas Civil Division V. CUMBERLAND County ERIC FOSTER PRECIOUS EVERSON . No.: 10;,339`CI$\/IL TERM Defendants 4.a ?. CERTIFICATION OF SERVICE 226614 I hereby certify that a true and correct copy of our Motion to Reassess Damages noting a Rule Return date of January 6, 2010 was sent to the following :individuals on the date indicated below. iU ERIC FOS'T'ER , PRECIOUS EVERSUR 119 BUNGALOW ROAD ENOLA, PA 17025-2313 DATE: 1,23 1(() By: Phelan Hallinan & Schmieg, LLP Lj Lawren e T Phelan, Esq. Id. No. 32227 ? Franci S. allinan, Es , Id. No. 62695 ? Dani "a-* S ieg, , Id. No. 62205 ? Michele M. d, 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 urenR. Tabas, Esq., Id. No. 93337 iivek 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. 64439 ? 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 ? Allison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 226614 VERIFICATION I hereby state that I am the attorney for Plaintiff in this action, that I am authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. §4904 relating to the unsworn falsification of authorities. Phelan Halliuan-&-`Schmio?. LLP DATE: `D L_J 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 ?llison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 226614 Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF 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 Allison F. Wells, Esq., Id. No. 309519 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County ERIC FOSTER PRECIOUS EVERSON No.: 10-339 CIVIL TERM Defendants CERTIFICATION OF SERVICE 226614 I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. ERIC FOSTER PRECIOUS EVERSON 119 BUNGALOW ROAD ENOLA, PA 17025-2313 DATE: -I I oil I Phelan Hallinan & S is . LLP Lawrene15T. 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 F Andrew C. Bramblett, Esq., Id. No. 208375 llison F. Wells, Esq., Id. No. 309519 ATTORNEY FOR PLAINTIFF 226614 41 PLAINTIFF CHASTE HOME FINANCE, LLC DEFENDANT ERIC'FOSTER PRECIOUS EVERSON SER* PRECIOUS EVERSON AT: 119 BUNGALOW ROAD ENOIIA, PA 17025-2313 AFFIDAVIT OF SERVICE (FNMA) CUMBERLAND COUNTY PHS # 226614 SERVICE TEAM/ kxc COURT NO.: 10-339 CIVIL TERM TYPE OF ACTION XX Notice of Sheriffs Sale SALE DATE: 03/0212011 SERVED Serv and made known to PRECIOUS EVERSON , Defendant on the3d%day of b6a+em , 20 6 ; 2 , o'clock t. M., at 111115 Y064 LAW Ru P- N& A. P/, in the manner described below: - D fendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is _ Mult in charge of Defendant's residence who refused to give name or relationship. _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. 6ther• ?D - 1 O-O s H 1- `I r t Weight 17; Race W Sex /A Other -O:t MW =rn ? r- CAI rZ <o T Z CD G.- rn -t 'tan ? aQ fl _-n o) F tit? - rn Desc Iptlon. Age elg 0 LL. , a competent adult, being duly sworn according to law, depose and state that I personally 1 , hand d 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. Sw* to and subscribed C1 IRTY befo e me this 364day f 20 4 hoT,vkY ?uT!'LlC +N U BEY stAll of O tSMp vCH7,2013 Not By: vl r NOT SERVED On t e da of 20at _ o'clock _ M., Defendant NOT FOUND because: V a _ Does Not Exist _ Moved _ Does Not Reside (Not Vacant) o Answer on at at Service Refused Other: Sworn to and subscribed before me this day of By: NOtCy ATTORNEY FOR PLAINTIFF No. 32227 Id Phelan Esq Lawrence T . , ., . Francis S. Haltloan, 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. Mukaby, Esq., Id. No. 61791 Andrew L Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. FSakos, Esq., Id. No. 94620 Joshus 1. Goldman, Esq., Id. No. 205047 Courlenay R. own, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Allison F. Well, Esq., Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215)563.7000 AFFIDAVIT OF SERVICE (FNMA) r.a t PLAINTIFF CUMBERLAND COUNTY G ° CHASE HOME FINANCE, LLC 03 C- " PHS # 226614 rh DEF DANT SERVICE TEAM/ kxc? : 10-339 CIVIL TERM COURT NO ? C:? ERICiFOSTER . ?- PRECIOUS EVERSON G? 7:11, O^rS SERE ERIC FOSTER AT: TYPE OF ACTION 2 * %_0 C)r"I l 119 BUNGALOW ROAD XX Notice of e PW PA 17025-2313 ENOCA 03/02/2011 SALE , SERVED Serv? and made known to ERIC FOSTER , Defendant on the day of Oi b , 20 lv , at 41-1 2 o'clock p. M., at I R PSI &A+-6w Q•b, ENIDG1#1 PA, in the manner described below: D fendant personally served. Adult family member with whom Defendant(s) reside(s). Relationship is Adult in charge of Defendant's r0idence who refused to give name or relationship. _ -- _ Manager/Clerk of place of lodging in which Defendant(s) reside(s). Argent or person in charge of Defendant's office or usual place of business. an officer of said Defendant's company. Description: Age 3A0s Height Weight 179' Race V`? Sex /V Other 1,l}LA l v?0 U.f a competent adult, being duly sworn according to law, depose and state that I personally hand d a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case tn the date and at the address indicated above. Swo> n to and subscribed EIA Div A,y befo e me this day l of??> 20 '? 1 r'.Y Nona L .9 ".u^CH i, 12013 NO SER-?~ On fli 20at _ o'clock M., Defendant NOT FOUND because: Not t Exist _ Moved _ Does Not Reside (Not Vacant) _ Does N No Answer on at at Service Refused Oth' r: Swo to and subscribed befo e me this day of By: Not ry: ATTORNEY FOR PLAINTIFF 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-Jami, 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 Chrisovahude P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courienay R. Dunn, Esq., Id. No. 206779 Andrew G Bramblett, Esq., Id. No. 208375 Allison F. Wells, Esq, Id. No. 309519 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 191.03.1814 (215) 563-7000 P i, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE, LLC Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS= CIVIL DIVISION No.: 10-339 CIVIL TERM r.7 ntr.?_ v ERIC FOSTER PRECIOUS EVERSON Defendant(s) AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) PHILADELPHIA COUNTY ) SS: r.-) As required by Pa. R.C.P. 3129.1(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/ ed Mail Return Receipt stamped by the U.S. Postal Service is attached he it "A". Date: ( i U Lawren . helan, Esq., Id. No. 3222 cis S. Hallinan, Esq., Id. No. 62 5 Daniel G. Schmieg, Esq., Id. No. 205 ? 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 ? An ew C. Bramblett, Esq., Id. No. 208375 L-TA llison F. Wells, Esq., Id. No. 309519 Attorney for Plaintiff IMPORT AN 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 stay d in the event that a representative of the plaintiff is not present at the sale. o r ----+ PHS # 226614 c 1 , £ 0 LB L 300041Z W021A 0311m OWZ SLAW w OU TO 99ZLLZb000 WL Z 0 flMO? fLllld ??? 1 NSOd 6-3-140 ???(E R so, gr ?y .$ r 9 JJA s $. t w g? r?'I 9 w a O o ?? Am= as A a °?v? . wa ?, RNti w0. o A b Q?p.?,a ?'?a..a as .8 a G9 . 3 er a Ilk ? y ae0? O L i7 °o 1 N .2 CL O ! ° p I Isi Al 3 n;l z` U o? z;l fi Q NG i C K?1 C 1 a, 0 a? p go u cd b u z¢o £ 0 l6 L -gooo dIZ W0MA 0311tlW Z NVf 99ZLLZb000 y ao Z L lOZ 8 o . oz9lzo $ M z o ff '? at h 17 53M09 K30"d /MMWX?,` lso?s?'' •? .? y ? Q d a F 00 114 T ? a W ? u u ? •6D e.tig? a o 'a v uu q ?9?cro i 0 ? °' ?eNS o 7 0 H LL a o a '? a.? uN ? °- ° Cd 5 v b? a !t ~ u m a y u '? ? ,cw qoq F w 'ca [-LYE ?D N N M M W a L d a O N p? 4 C?. o a 41, >+ r? ei 4r P d 3 a I AG H i: Wd? Z V? WOG x Z U I Ali PC Ot? O O?,Aw"Gp7; 04 w o ' 6 o F? d O ?ipq a W 2 ? V ? Qr) M Z U.. UU.??ra FRS N z `a a .? N M NT kn ?z t- 00 O? 1-4 7 ,4 ? N -4 M 1-0 -4 V1 1-4 " M CHASE, HOME FINANCE, LLC Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION v. NO.: 10-339 CIVIL TERM ERIC FOSTER PRECIOUS EVERSON Defendant(s) CUMBERLAND COUNTY PHS # 226614 AMENDED 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 119 BUNGALOW ROAD, ENOLA, PA 17025-2313. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ERIC FOSTER PRECIOUS EVERSON Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 119 BUNGALOW ROAD ENOLA, PA 17025-2313 119 BUNGALOW ROAD ENOLA, PA 17025-2313 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) CAPITAL ONE BANK (USA) NA 15000 CAPITAL ONE DRIVE RICHMOND, VA 23238 CAPITAL ONE BANK (USA) NA C/O JAMES C. WARMBRODT, ESQ. 1400 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PENNSYLVANIA 15219 4. Name and address of last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please indicate) None. 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. 66 Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Address (if address cannot be reasonably ascertained, please indicate) None. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT Domestic Relations of Cumberland County 119 BUNGALOW ROAD ENOLA, PA 17025-2313 13 North Hanover Street Carlisle, PA 17013 Commonwealth of Pennsylvania Department of Welfare Internal Revenue Service Advisory U.S. Department of Justice U.S. Attorney for the Middle District of PA The Townes at Bungalow C/o: A.P. Williams, Inc. P.O. Box 2675 Harrisburg, PA 17105 1000 Liberty Avenue Room 704 Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 2325 Paxton Church Road Harrisburg, PA 17110 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 unworn falsification to authorities. i u Attorney for Plaintiff Phelan raff&1khmieg, LLP -ETTa-wrence T. Phelan, Esq., Id. No. 32227 / El Francis S. Hallinan, Esq., Id. No. 626 ? 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 ? Andres C. Bramblett, Esq., Id. No. 208375 ison F. Wells, Esq., Id. No. 309519 SHERIFF'S OFFICE OF CUMBERLAND COUNTY "?I.. -OFFt% Ronny R Anderson ;- ?, Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor } OFD F ' ,, :, ERIFF L_ rI 1. 24 1 '_) rU'iuertL??l? .? Chase Home Finance LLC vs. Case Number Eric M. Foster (et al.) 2010-339 SHERIFF'S RETURN OF SERVICE 12/29/2010 07:55 PM - Deputy Dennis Fry, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 119 Bungalow Road, Enola, PA 17025, Cumberland County. 01/12/2011 12:20 PM - Deputy Ryan Burgett, 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 ERIC FOSTER (BOYFRIEND), who accepted as "Adult Person in Charge" for Precious Everson at 119 Bungalow Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 01/12/2011 12:20 PM - Deputy Ryan Burgett, 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: Eric M. Foster at 119 Bungalow Road, East Pennsboro Township, Enola, PA 17025, Cumberland County. 02/25/2011 As directed by Daniel Schmieg, Attorney for the Plaintiff, Sheriffs Sale Continued to 5/4/2011 05/04/2011 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 May 4, 2010 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of the Bank of Federal National Mortgage Association, P.O. Box 650043, Dallas, TX 75265, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $796.64 SO ANSWERS, June 23, 2011 RON R ANDERSON, SHERIFF K. oD ,?Ow, d f a-w .,G rasa ;r G0un(,Sutte ShP,r;ff. TeleosnR. Inc. 1? CHASE HOME FINUNCE, LLGi Plaintiff v. ERIC FOSTER PRECIOUS EVERSON Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION NO.: 10-339 CIVIL TERM CUMBERLAND COUNTY PHS # 226614 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 119 BUNGALOW ROAD, ENOLA, PA 17025-2313. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ERIC FOSTER 119 BUNGALOW ROAD ENOLA, PA 17025-2313 PRECIOUS EVERSON 119 BUNGALOW ROAD ENOLA, PA 17025-2313 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 sale: Name Address (if address cannot be reasonably ascertained, please indicate) TENANT/OCCUPANT 119 BUNGALOW ROAD ENOLA, PA 17025-2313 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 Federal Building, P.O. Box 11754 U.S. Attorney for the Middle District of PA 228 Walnut Street Harrisburg, PA 17108 The Townes at Bungalow 2325 Paxton Church Road C/o: A.P. Williams, Inc. Harrisburg, PA 17110 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 unworn falsif cation to authorities. November 15, 2010 All? By. Attorney f Plaintiff Phelan Hallinan & Schmieg, LLP ence T. Phelan, Esq., Id. No. 32227 Fcis S. Hallinan, Esq., Id. No. 62695 V el G. Schmieg, Esq., Id. No. 62205 ele 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 L 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 ? Allison F. Wells, Esq., Id. No. 309519 CHASE HOME FINANCE, LLC : COURT OF COMMON PLEAS Plaintiff : CIVIL DIVISION ERIC FOSTER PRECIOUS EVERSON VS. NO.: 10-339 CIVIL TERM : CUMBERLAND COUNTY Defendant(s) : NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: ERIC FOSTER PRECIOUS EVERSON 119 BUNGALOW ROAD 119 BUNGALOW ROAD ENOLA, PA 17025-2313 ENOLA, PA 17025-2313 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECTA 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 119 BUNGALOW ROAD, ENOLA, PA 17025-2313 is scheduled to be sold at the Sheriffs Sale on 03/02/2011 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the courtjudgment of $199,126.95 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 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 ,.. _ :.:.. .?. u._...:°.E_."???:.'...a.k.?...°,.??:a?.:.`?,,::,..°?.,?. _,., .-v. ?.?• ,?,.?„?w a.?,.,,>. n., .rnwu..a?rre,?,.? ,..??>:?. ... I 0 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-339 CIVIL TERM CHASE HOME FINANCE, LLC vs. ERIC FOSTER PRECIOUS EVERSON owner(s) of property situate in the TOWNSHIP OF EAST PENSBORO, Cumberland County, Pennsylvania, being (Municipality) 119 BUNGALOW ROAD. ENOLA. PA 17025-2313 Parcel No. 09-13-1002410. (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $199,126.95 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel and lot of land situate on the south side of Bungalow Road in the Township of East Pensboro, County of Cumberland, Commonwealth of Pennsylvania; being known as Lot 4 on the Final Subdivision Plan for The Townes at Bungalow, recorded in Plan Book 92, Page 64 and being more fully bound and described as follows, to wit: BEGINNING at a point on the southern right-of-way line of Bungalow Road at the dividing line of Lot 3 and Lot 4, herein described; thence by said dividing line South 44 degrees 15 minutes 00 seconds East a distance of 184.87 feet to a point at lands now or formerly Vincent B. Durkis Living Trust; thence by said lands South 45 degrees 45 minutes 00 seconds West a distance of 21.35 feet to a point at the dividing line of Lot 5 and Lot 4, herein described; thence by said dividing line North 44 degrees 15 minutes 00 seconds West a distance of 198.09 feet to a point on the southern right=of-way line of Bungalow Road, thence by said right-of-way line North 77 degrees 32 minutes 11 seconds East a distance of 25.11 feet to a point. The POINT OF BEGINNING. CONTAINING 4,087 Square Feet. UNDER AND SUBJECT to a 20 feet wide drainage easement along the northern side of the lot and a 26 feet wide drainage and pedestrian easement crossing the southern side of the lot.. UNDER AND SUBJECT to Deelartation of Storm Water Management System dated August 14, 2007 and recorded August 20, 2007 in Cumberland County Recorder of Deeds in Instrument Number 200732475. TITLE TO SAID PREMISES IS VESTED IN Eric Foster and Precious Everson, both single persons, as joint tenants with the right of survivorship, by Deed from A.P. Williams Company, a Pennsylvania General Partnership, dated 10/26/2007, recorded 10/31/2007 in Instrument Number 200741422. PREMISES BEING: 119 BUNGALOW ROAD, ENOLA, PA 17025-2313 PARCEL NO. 09-13-1002410. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-339 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 ERIC FOSTER AND PRECIOUS EVERSON (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$199,126.95 L.L.$.50 Interest FROM 04/01/2010 TO DATE OF SALE (32.73 PER DIEM) - $10,997.28 Atty's Comm % Due Prothy $2.00 Atty Paid $284.50 Other Costs Plaintiff Paid Date: November 17, 2010 (Seal) REQUESTING PARTY: --I b' A? David D. of ono By: Deputy Name MICHELE M. BRADFORD, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP, 1617 JFK BOULEVARD, SUITE 1400, ONE PENN CENTER PLAZA, PHILADELPHIA, PA 19103 Attorney for: Plaintiff Telephone: 215-563-7000 Supreme Court ID No. 69849 TRUE COPY FROM RECORD In Testimony wh~, 1 hws unto set my hand and tM of sold ?d DvCNbtiZO/(J _? gv?P1i01t1{9110h1? On November 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 119 Bungalow Road, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 22, 2010 By: aft-cl? Real Estate Coordinator 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: January 28, February 4, and February 11, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIBED before me this 11 da of February 2011 Notary / NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL Writ No. 2010-339 Civil Chase Home Finance LLC vs. Eric M. Foster Precious Everson Atty.: Daniel Schmieg By virtue of a Writ of Execution NO. 10-339 CIVIL TERM, CHASE HOME FINANCE, LLC vs. ERIC FOS- TER, PRECIOUS EVERSON, owner(s) of property situate in the TOWNSHIP OF EAST PENSBORO, Cumberland County, Pennsylvania, being 119 BUNGALOW ROAD, ENOLA, PA 17025-2313. Parcel No. 09-13-1002-410, 00516656. Improvements thereon: RESIDEN TIAL DWELLING. JUDGMENT AMOUNT: $199,126- .95. 15 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE r10. . 101 Ewa Now YOu k+,, ()'& CARLISLE PA 17013 THE PATRIOT NEWS 'THE SUNDAY PATRIOT NEW; Proof of Publication Under Act No. 587, Approved May 16, 1, 2?1 Commonwealth of Pennsylvania, County of Dz u )hin} ss Holly Blain, being duly sworn according to law, deposes and says: LE J ,ting the That she is a Staff Accountant of The Patriot Nean COace ofrb?s Hess ag23 0 Technc lo(3y PI wy Su to 3laws 00 ?fthe Commonwealth of Pennsylvania, with its principal office p and The Township of Hampden, County of Cumberland, State of Pennsylvania, published at 1900 Pat ri` bli?shVe of tt le Ci lyri Count,i and State Sunday Patriot-News newspapers of general circulation, printed a p , aforesaid; that The Patriot-News and The Sunday Patriot-News were established 111; rcn 4th, 1 K 4, ai id September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is actly as p -inted , nd published in their regular ic; oared o the at n(g) inc i t:rat ab c ?tire al at nei ns - she nor said ant as of this state ited daily and/or Sunday/ Community Weekly editions which appeared on Company is interested in the subject matter of said printed to the time, place and character of publication are true-, and this statement on to verfy That she has personal knowledge afv the and aforesaid to and is a resolution u?,a emously 1 a: sed aad adopted severally by the Pag 3i1( orded in t ie office for the Reco-ding of Deeds behalf of The Patriot-News Co. aforesaid by pursuant stockholders and board of directors of the said Company and Volume e in and for said County of Dauphin in Miscellaneous Book "M", Volu This a d ran on the dare(s) shown below: PUBLICATION COPY 1128111 214111 2010-399 CNN Term Chase Home Finance i.LC 2111111 Vs Eric M. Foster g\y Precious Everson Atty. Daniel Schmieg By virtue of a Writ of Execution NO. 10-339 CIVIL TERM ? CHASE HOME FINANCE, LLC Sworn to and subscribed byy?Le me this :2 day of --e)rua y, 2011 f?.D. VS. ERIC FOSTER PRECIOUS EVERSON - - ` owner(s) of property situate in the T PENSBORO, T( ,Ia OF Notary Public rland Counly, Pennsylvania, being Cumbe (Municipality) ENOLA, PA 119 BUNGALOW ROAD, r 1 i t?ra' PEI Ne Y vA 4__ ??MMONV?!E.`? . r 17025-2313 Mare?t y 1 ubNc Parcel No.0913-1002-410, 10,00516656 r Sherri e • - Y i 011? ;trr spun (Acreage or street address) 9 '.MP" 1 W. ?!- Z: PAP ±`e thereon: RESIDENTIAL ti DWE CDmr r;;qp, Improvements ni . Assoc atl r, LLING 199,12695:? JUDGMENT AMOUNT"o 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 Chase Home Finance LLC is the grantee the same having been sold to said grantee on the 4 day of May A.D., 2011, under and by virtue of a writ Execution issued on the 17 day of November, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2010 Number 339, at the suit of Chase Home Finance LLC against Eric Foster & Precious Everson is duly recorded as Instrument Number 201117753. IN TESTIMONY WHEREOF, I have hereunto set my hand se and 1 of said office this day of of Deeds lieoorder d Qm6eftW Manly, CeiAele, FR 41 Q m"dn ExPka the Fret Monday of Jen. 2014