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HomeMy WebLinkAbout10-1477RLE OF THE PPOTHOlWARV 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 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 226868 2010 MAR -3 AM t0: 58 CV71/I? ? ?;1 ATTORNEY FOR PLAINTIFF CHASE HOME FINANCE, LLC 3415 VISION DRIVE COLUMBUS, OH 43219 Plaintiff v. ALAN G. DAVIS, H KRISTI L. DAVIS 29 PRICKLY PEAR DRIVE CARLISLE, PA 17013-8546 Defendants COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. l0 CUMBERLAND COUNTY # 9.,-) -cwo?a-)94? CK4 4lSSY? r?-a3g?s/ File #: 226868 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_ b thUdldiihs.wt 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 #: 226868 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: ALAN G. DAVIS, II KRISTI L. DAVIS 29 PRICKLY PEAR DRIVE CARLISLE, PA 17013-8546 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 03/08/2005 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INCORPORATED AS A NOMINEE FOR AMERICAN MORTGAGE NETWORK, INC. DBA AMNET CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1899, Page 4910. 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. The mortgage is in default because: monthly payments of principal and interest upon said mortgage due 09/01/2009 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 #: 226868 6. The following amounts are due on the mortgage: Principal Balance $180,850.31 Interest $5,014.02 08/01/2009 through 03/02/2010 Attorney's Fees $650.00 Cumulative Late Charges n?;llrs?l> ?;;; $245.44 03/08/2005 to 03/02/2010 Costs of Suit and Title 3Search ,; ?; 5517.00 Subtotal $187,309.77 Escrow Credit $0.00 Deficit $3,286.54 Subtotal $3,296-54 TOTAL $190,596.31 7 8 Plaintiff is not seeking a judgment of personal liability (or an in nerd nam 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, bu?nlXjtg 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. ;1'!;)r[ tit>;ij7 IC)TltlvSe File #: 226868 WHEREFORE, Plaintiff demands an in rem judgment against the Defendant(s) in the sum of $190,596.31, together with interest from 03/02/2010 at the rate of $23.54 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 HALLINAN & SCHMIEG, LLP By. -- M? - 4a! ence T. P e an, Esq., Id. No. 32227 'El 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 Attorneys for Plaintiff 13ainrt" G' ( File #: 226868 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and. described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the southern side of a 50 foot wide right-of-way known as Prickly Pear Drive; thence from said point along the dividing line between Lots Nos. 36 and 37 of the hereinafter mentioned subdivision plan, South 02 degrees 18 minutes 19 seconds West, a distance of 218.92 feet to a point; thence continuing along the dividing line between Lots Nos. 36 and 37, South 88 degrees 54 minutes 40 seconds East. a distance of 161.80 feet to a point along silly ,t>arld - d ?L d the dividing line between Lots Nos. 36 and 38' 'of the hereinafter mentioned subdivision plan,; thence continuing along said dividing line, South 15 degrees 47 minutes 18 seconds East a distance of 355.85 feet to a point; thence continuing along said dividing line, South 21 degrees 47 minutes 05 seconds East, a distance of 295.06 feet to a point along line of lands now or formerly of Stephen W. Browere and Susan D. Rose; thence continuing along line of said lands now or formerly of Browere and Rose, South 34 degrees 18 minutes 34 seconds West a distance of 718.54 feet to a point along the Conodoguinet Creek; thence continuing along said Conodoguinet Creek, North 30 degrees 31 minutes 21 seconds West, a distance of 179.77 feet to a point; thence North 19 degrees 15 minutes 24 seconds West, a distance of 116.11 feet to a point along the dividing line between Lots Nos. 36 and 43 of the hereinafter mentioned subdivision tf1 Ll ib''(')?tl1t? llc ;plan; thence continuing along said dividing line, North 45 degrees 38 minutes 50 seconds East, a distance of 329.81 feet to a point along the eastern side of an existing private drive known as File #: 226868 West Slate Hill Road; thence continuing along said dividing line and West Slate Hill Road, North 28 degrees 54 minutes 05 seconds West, a distance of 240.00 feet to a point; thence continuing along line of lands now or formerly of L. Sanford Alwine and Lois J. Alwine North 28 degrees 54 minutes 05 seconds West, a distance of 125.00 feet to a point; thence continuing along the dividing line between Lots Nos. 36 of 44 of the hereinafter mentioned subdivision plan, North 28 degrees 54 minutes 05 seconds West, a distance of 100.00 feet to a point along line of lands now or formerly of Donald L. Ward; thence continuing along line of lands now or formerly of Donald L. Ward, North 28 degrees 54 minutes 05' seconds West, a distance of 300.00 feet to a point; thence continuing along line of lands now or formerly of John A. and Helen T. Ward, North 46 degrees 49 minutes 23 seconds East, a distance of 31.98 feet to a point; thence along the dividing line between Lots Nos. 35 and 36 of the hereinafter mentioned subdivision plan, North 65 degrees 58 minutes 50 seconds East, a distance of 134.64 feet to a point; thence continuing along said dividing line, North 20 degrees 23 minutes 55 seconds East, a distance of 215.30 feet to a point along the southern side of Prickly Pear Drive (50 foot wide right-of-way) by a curve to the left having a radius of 285.00 feet, an arc length of 90.00 feet, a chord bearing of South 78 degrees 38 minutes 53 seconds East and chord length of 89.63 feet to a point along the southern side of said Prickly Pear,Drive,, being the point and place of BEGINNING. CONTAINING 9.53 acres. PARCEL NO. 29-06-0021-175 PREMISES: 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546 File #: 226868 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 a uthorized 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. Attorney for Plaintiff DATE: -I 'AU i%`C Ill iIle, tw- File #: 226868 SHERIFF'S OFFICE OF CUMBERLAND COUNTY ~'4Lk~-' 1r~;` ~,~ Ronny RAnderson -~ i~ .c ~,~ :: ~ ."r~F~.Y Sheriff ~~ti,tr ct +4u~rt~ir~,j~~~ Jody S Smith ~` _ ~ ZQ (~ ~r1 ~ ~ ~i+'j ~~ u ~ Chief Deputy ` Edward L Schorpp C~~~,r'•_;~- < ,T`. ~,`a 3 ~, Solicitor ~~~~= ~ F ~ ~ ~rr~ ...~~?~~~€ r ~; ~, ~,~~'~ -. Chase Home Finance LLC Case Number vs. Alan G. Davis, II (et al.) 2010-1477 SHERIFF'S RETURN OF SERVICE 03/11/2010 03:24 PM -Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2010 at 1521 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Kristi L. Davis, by making known unto herself personally, at 27 Hillside Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. GERALD WORTHINGTO EPUTY 03/13/2010 07:55 AM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on March 13, 2010 at 0750 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Alan G. Davis II, by making known unto himself personally, at 29 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $60.20 March 15, 2010 RO ERT BITNER, DEPUTY SO ANSWERS, .~ RON R ANDERSON, SHERIFF ~rj CountySwte Shenff, Teieosoft, Inc. 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 ~ ~ -, c~- .._, _ Andrew L. Spivack, Esq., Id. No. 84439 ~.~ _~: Y' Jaime McGuinness, Esq., Id. No. 90134 _"~ '~ -~ ;; -r Chrisovalante P. Fliakos, Esq., Id. No. 94620 „~, ' ~~ ~, r ~ ~~_ Joshua I. Goldman, Esq., Id. No. 205047 1r {;: Courtenay R. Dunn, Esq., Id. No. 206779 ' ` ~` ~" Andrew C. Bramblett, Esq., Id. No. 208375 c _: c__ :~< < , ~`'' 1617 JFK Boulevard, Suite 1400 `i ~ ~ ;' c- _;., One Penn Center Plaza ~' ~~ Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC vs. ALAN G. DAMS, II KRISTI L. DAMS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1477 CIVIL TERM PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against ALAN G. DAMS, II, and KRISTI L. DAMS, Defendant(s) for failure to file an Answer to Plaintiff s Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff s damages as follows: ~w.o~o ~d. erg q,~esrz, ~ oZ~oB~T ~~~ .n~~ ~ As set forth in Complaint $190,596.31 Interest - 03/03/2010 to 04/19/2010 $1,129.92 TOTAL $191,726.23 I hereby certify that (1) the Defendants' last known addre -~s 27 HILLSIDE DRIVE, CARLISLE, PA 17013-3607, and mortgaged premises, located t 29'PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546, and (2) that notice has been giv in accordance with Rule 237.1, copy attached. __..,.,~ Lawrence T. Phelan, Esquire Francis S. Hallinan, Esquire Daniel G. Schmieg, Esquire Michele M. Bradford, Esquire Judith T. Romano, Esquire Shee 1 R. Shah-Jani, Esquire J me R. Davey., Esquire - auren R. Tabas, Esquire Vivek Srivastava, Esquire Jay B. Jones, Esquire Peter J. Mulcahy, Esquire Andrew L. Spivack, Esquire Jaime McGuinness, Esquire Chrisovalante P. Fliakos, Esquire Joshua I. Goldman, Esquire Courtenay R. Dunn, Esquire Andrew C. Bramblett, Esquire Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE: rxs u zz6s6a PROTHONOTARY 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 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Attorney for Plaintiff Philadelphia, PA 19103 215-563-7000 CHASE HOME FINANCE, LLC vs. ALAN G. DAMS, II KRISTI L. DAMS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1477 CIVIL TERM VERIFICATION OF NON-MILITARY SERVICE The undersigned attorney hereby verifies that he/she is the attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he/she has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant ALAN G. DAMS, II is over 18 years of age and resides at 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546. (c) that defendant KRISTI L. DAMS is over 18 years of age and last known address is 27 HILLSIDE DRIVE, CARLISLE, PA 17013-3607, and mortgaged premises located at 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546. This statement is made subject ~o the en~lties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ;' J[~'Lawrence T. Phelan, Esq., Id. ~. 32227 ^ Francis S. Hallinan, Esq., Id. No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Michele M. Bradford, Esq., Id. No. 69849 ^ Judit T. Romano, Esq., Id. No. 58745 ^ Sh tal R. Shah-Jani, Esq., Id. No. 81760 ^ nine 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 Attorney for Plaintiff (Rule of Civil Procedure No. 236) -Revised CHASE HOME FINANCE, LLC vs. ALAN G. DAMS, II KRISTI L. DAMS CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 10-1477 CIVIL TERM Notice is given that a Judgment in the above captioned matl:er has been entered against you on By: If you have any questions concerning this matter please contact: ^ 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 ^ Shee R. Shah-Jani, Esq., Id. No. 81760 ^ J ne R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 ^ Vivek Srivastava, Esq., Id. No. 202331 ^ Jay B. Jones, Esq., Id. No. 86657 ^ Peter J. Mulcahy, Esq., Id. Na. 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 Attorney or Party Filing 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 * * THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BEAN ATTEMPT TO COLLECTA DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS CNIL DIVISON v. Plaintiff NO. 10-1477 CNIL Th;RM ALAN G. DAMS, II CUMBERLAND COUNTY KRISTI L. DAMS Defendant(s) TO: KRISTI L. DAMS 27 HILLSIDE DRNE CARLISLE, PA 17013-3607 DATF. OF NOTICE: Apri15, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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. PHS # 226868 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATIOI`f 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVEI\fUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 By: ~ l G! La ence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. Na. 81760 Jenine R. Davey, Esq., Id. No. 871)77 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. 2,05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 226868 CHASE HOME FINANCE, LLC v. Plaintiff COURT OF COMMON PLEAS CNIL DIVISON NO. 10-1477 CNIL TERM ALAN G. DAMS, II KRISTI L. DAMS Defendant(s) TO: KRISTI L. DAMS 29 PRICKLY PEAR DRIVE CARLISLE, PA 17013-8546 DATE OF NOTICE: April 5, 2010 CUMBERLAND COUNTY THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR I,A WYF,R AT ONCE. TF YOiJ 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. PHS # 226868 Office of the Prothonotary CUMBERLAND COUNTY BAR Cumberland County Courthouse ASSOCIATION 1 Courthouse Square CUMBERLAND COUNTY COURTHOUSE Carlisle, PA 17013 2 LIBERTY AVEI;fUE (717) 240-6195 CARLISLE, PA 17013 (717) 249-3166 C G ~< 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. Na. 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.:?05047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 Phelan Hallinan &Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 226868 CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS CNIL DNISON v. Plaintiff NO. 10-1477 CIVIL TERM ALAN G. DAMS, II CUMBERLAND COUNTY KRISTI L. DAMS Defendant(s) TO: ALAN G. DAMS, II 29 PRICKLY PEAR DRIVE CARLISLE, PA 17013-8546 DATE OF NOTICE: Apri15, 2010 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECENED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAII.ED TO ENTER A WRITTEN APPERANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 HIIZING A LAWYER. IF YOU CANNOT AFFORD TO HIIZE 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. PHS # 226868 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717)240-6195 CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 .~j c By: 1, ' ,C ~. Lawr ce T. Phelan, Esq., Id. No.. 32227 Francis S. Hallman, 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. Na. 81760 Jenine R. Davey, Esq., Id. No. 871)77 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 Phelan Hallman & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 PHS # 226868 PRAECIPE FOR WRIT OF EXECUTION-(MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 CHASE HOME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff v ALAN G. DAVIS, II KRISTI L. DAVIS Defendant(s) To the Prothonotary: Issue writ of execution in the above matter: Amount Due Interest from 04/20/2010 to Date of Sale ($31.52 per diem) TO L s ~1~}. oc, po P~"Y (00 • a.0 CRF Qa . DO ~~ I~.00 " a.so ~, ~Iga.~p- Pn ATrI CIVIL DIVISION NO. 10-1477 CIVIL TERM CUMBERLAND COUNTY $191,726.23 N L~ G~~ ~Y ~ '~' ~ 4 475.84 - C ~ _: --.~ --4 3 '~=,=. 196 2.07 - - - -"~ Ph n Hallinan & Schmi~g, LLP ^ awrence T. Phelan, q., Id. No. 32227 ^ ancis S. Hallinan, Esq., Id. No. 62695 ^ aniel G. Schmieg, Esq., Id. No. 62205 ^ M' ele M. Bradford, Esq., Id. No. 69849 ^ dith 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 Note: Please attach description of property. PHS # 226868 ~ a. oo IJue Co • 5o t.L C~.'~ q~5 3'7a 2~ d4 I ?o?..(P / ~E (~~y~3a,tc~,rt b y °' w ~ ~ f~ ~ 00 M 1 1 Q M w ~ >aa d~a Q 3 Qxa AAa p~~p~.,, '" ~ Q ~ U x N a O~ O a ~, ~~ az V ~„ o°~o~,o~MM a.vozo°~ az v ~ M~~ °~, oMN ~,~~, NN o Oa ~".l s, ° o oz~",Z°o~o~N~`n o c ° o oz w ~ a.Zdz'Zbzb o o °~ °z~ a-zz O c ....bb ..v ..ZZZoo2~o.tiW.o-moo ., OU~ ~ ~ c 8 wwb ~w cc~"-c N'Ww ° ~ww ~ ,~ '~ w ~ OU ~ ~ ~ 3w ~ ~ ~ on~ow~~www~w ~ ~w ~ ~~ ~] ~ a~ ~ ° ~ v ~ U ~ W `-L"i.`= Awl ~ ~ ~ c as a H~ °'F"~4~~~'0~ 3~ > s a~°i 3 ,. CHAS HOME FINANCE, LLC COURT OF COMMON PLEAS i! aintiff , CIVIL DIVISION v. NO. 10-1477 CIVIL TERM ALAN G. DAMS, II , KRISTI L. DAMS CUMBERLAND COUNTY Defendant(s) 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 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546. 1. Name and address of Owner(s) or reputed Owner(s): Name Address (if address cannot be reasonably ascertained, please so indicate) ALAN G. DAMS, II KRISTI L. DAMS 2. Name and address of Defendant(s) in the judgment: Name SAME AS ABOVE 29 PRICKLY PEAR DRIVE CARLISLE, PA 17013-8546 27 HILLSIDE DRIVE CARLISLE, PA 17013-3607 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) Community Banks Community Banks Commerce Bank/ Harrisburg, NA Commerce Bank/ Harrisburg, NA Members 1" Federal Credit Union Members 13` Federal Credit Union 1196 Walnut Bottom Road Carlisle, PA 17013 P.O. Box 233 Hanover, PA 17331 65 Ashland Avenue Carlisle, PA 17013 38.:611 Paxton Street Harrisburg, PA 17111-1418 P.O. Box 40 Mechanicsburg, PA 17055 5000 Louise Drive Mechanicsburg, PA 17055 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. 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 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 29 PRICKLY PEAR DRIVE CARLISLE, PA 17013-8546 13 North Hanover Street Carlisle, PA 17013 P.O. Box 2675 Harrisburg, PA 17105 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 Federal Building, P.O. Box 11754 228 Walnut Street Harrisburg, PA 17108 Alan Davis C/o: Kara W. Haggerty, Esquire Hillcrest Farms, Inc. Hillcrest Farms Hillcrest Farms Hillcrest Farms, Inc. Hillcrest Farms 2 W. High Street Carlisle, PA 17013-2922 322 Line Road Kennett Square, PA 17348-2220 7320 Sterrettania Road Fairview, PA 16415-2811 1420 Indian Lane Mechanicsburg, PA 17055-4902 1242 Burroughs Road Edinburg, PA 16116 RR 247 # 1 Pleasant Mt., PA 18453 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. _ May 3, 2010 A rney for Plaintiff P n Hallman &Schmieg, LL ^ wrence T. Phelan, Esq., Id o. 32227 ^ rancis S. Hallman, Esq., I . No. 62695 ^ Daniel G. Schmieg, Esq., Id. No. 62205 ^ Mi ele M. Bradford, Esq., Id. No. 69849 ^ J ith T. Romano, Esq., Id. No. 58745 heetal 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 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the southern side of a 50 foot wide right-of--way known as Prickly Pear Drive; thence from said point along the dividing line between Lots Nos. 36 and 37 of the hereinafter mentioned subdivision plan, South 02 degrees 18 minutes 19 seconds West, a distance of 218.92 feet to a point; thence continuing along the dividing line between Lots Nos. 36 and 37, South 88 degrees 54 minutes 40 seconds East, a distance of 161.80 feet to a point along the dividing line between Lots Nos. 36 and 38 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 15 degrees 47 minutes 18 seconds East, a distance of 355.85 feet to a point; thence continuing along said dividing line, South 21 degrees 47 minutes OS seconds East, a distance of 295.06 feet to a point along line of lands now or formerly of Stephen W. Browere and Susan D. Rose; thence continuing along line of said lands now or formerly of Browere and Rose, South 34 degrees 18 minutes 34 seconds West, a distance of 718.54 feet to a point along the Conodoguinet Creek; thence continuing along said Conodoguinet Creek, North 30 degrees 31 minutes 21 seconds West, a distance of 179.77 feet to a point; thence North 19 degrees 15 minutes 24 seconds West, a distance of 116.11 feet to a point along the dividing line between Lots Nos. 36 and 43 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 45 degrees 38 minutes 50 seconds East, a distance of 329.81 feet to a point along the eastern side of an existing private drive known as West Slate Hill Road; thence continuing along said dividing line and West Slate Hill Road, North 28 degrees 54 minutes OS seconds West, a distance of 240.00 feet to a point; thence continuing along line of lands now or formerly of L. Sanford Alwine and Lois J. Alwine, North 28 degrees 54 minutes OS seconds West, a distance of 125.00 feet to a point; thence continuing along the dividing line between Lots Nos. 36 of 44 of the hereinafter mentioned subdivision plan, North 28 degrees 54 minutes OS seconds West, a distance of 100.00 feet to a point along line of lands now or formerly of Donald L. Ward; thence continuing along line of lands now or formerly of Donald L. Ward, North 28 degrees 54 minutes OS seconds West, a distance of 300.00 feet to a point; thence continuing along line of lands now or formerly of John A. and Helen T. Ward, North 46 degrees 49 minutes 23 seconds East, a distance of 31.98 feet to a point; thence along the dividing line between Lots Nos. 35 and 36 of the hereinafter mentioned subdivision plan, North 65 degrees 58 minutes 50 seconds East, a distance of 134.64 feet to a point; thence continuing along said dividing line, North 20 degrees 23 minutes 55 seconds East, a distance of 215.30 feet to a point along the southern side of Prickly Pear Drive (50 foot wide right-of--way) by a curve to the left having a radius of 285.00 feet, an arc length of 90.00 feet, a chord bearing of South 78 degrees 38 minutes 53 seconds East and chord length of 89.63 feet to a point along the southern side of said Prickly Pear Drive, being the point and place of BEGINNING. CONTAINING 9.53 acres BEING Lot No. 36 of the Final Subdivision Plan for Phase I of Hillcrest Farms West, dated February 20, 2002 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 86, page 57. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements and rights of way as recorded in Plan Book 86, Page 57. UNDER AND SUBJECT to the Cactus Conservation Easement as recorded in Plan Book 86, Page 57 UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333. UNDER AND SUBJECT to a 20 foot drainage easement as recorded in Plan Book 86, Page 57. UNDER AND SUBJECT to a private access easement known as West Slate Hill Road as referenced on the Final Subdivision Plan for Phase I of Hillcrest Farms West as recorded in Plan Book 86, Page 57. TITLE TO SAID PREMISES IS VESTED IN Alan G. Davis, II and Kristi L. Davis, h/w, by Deed from Don E. Backenstow, married man, dated 04/15/2003, recorded 04/15/2003 in Book 256, Page 2808. PREMISES BEING: 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546 PARCEL NO. 29-06-0021-175 00505463 CASE NOME FINANCE, LLC COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION vs. ALAN G. DAMS, II KRISTI L. DAMS NO. 10-1477 CIVIL TERM N CUMBERLAND ~-OU~I'Y' . ~- - :--+ Defendant(s) - ; - = ~`-` --~r __ NOTICE OF SHERIFF'S SALE OF REAL PROPERTY __ ! r ' TO: ALAN G. DAMS, II KRISTI L. DAMS ~ , 29 PRICKLY PEAR DRIVE 27 HILLSIDE DRIVE - ~, :~= CARLISLE, PA 17013-8546 CARLISLE, PA 17013-3607 **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 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546 is scheduled to be sold at the Sheriff's Sale on 09/08/2010 at 10:00 AM in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013 to enforce the court judgment of $191,726.23 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 hasnappened, you may ca11215-563-7000. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A proposed schedule of distribution of the money bid for your house will be prepared by the Sheriff not later than thirty (30) days after the sale. The schedule shall be kept on file with the sheriff and will be made available for inspection in his office. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the filing of the proposed schedule. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION CUMBERLAND COUNTY COURTHOUSE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 SHORT DESCRIPTION By virtue of a Writ of Execution NO. 10-1477 CIVIL TERM CHASE HOME FINANCE, LLC vs. ALAN G. DAMS, II KRISTI L. DAMS owner(s) of property situate in NORTH MIDDLETON TOWNSHIP, Cumberland County, Pennsylvania, being (Municipality) 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546 Parcel No. 29-06-0021-175 00505463 (Acreage or street address) Improvements thereon: RESIDENTIAL DWELLING JUDGMENT AMOUNT: $191,726.23 Phelan Hallman & Schmieg, LLP Attorney for Plaintiff 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 215-563-7000 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in North Middleton Township, Cumberland County, Pennsylvania, being more fully bounded and described according to a Final Subdivision Plan for Phase I of Hillcrest Farms West, prepared by R.J. Fisher & Associates, Inc., being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 86, Page 57, as follows: BEGINNING at a point along the southern side of a 50 foot wide right-of--way known as Prickly Pear Drive; thence from said point along the dividing line between Lots Nos. 36 and 37 of the hereinafter mentioned subdivision plan, South 02 degrees 18 minutes 19 seconds West, a distance of 218.92 feet to a point; thence continuing along the dividing line between Lots Nos. 36 and 37, South 88 degrees 54 minutes 40 seconds East, a distance of 161.80 feet to a point along the dividing line between Lots Nos. 36 and 38 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, South 15 degrees 47 minutes 18 seconds East, a distance of 355.85 feet to a point; thence continuing along said dividing line, South 21 degrees 47 minutes OS seconds East, a distance of 295.06 feet to a point along line of lands now or formerly of Stephen W. Browere and Susan D. Rose; thence continuing along line of said lands now or formerly of Browere and Rose, South 34 degrees 18 minutes 34 seconds West, a distance of 718.54 feet to a point along the Conodoguinet Creek; thence continuing along said Conodoguinet Creek, North 30 degrees 31 minutes 21 seconds West, a distance of 179.77 feet to a point; thence North 19 degrees 15 minutes 24 seconds West, a distance of 116.11 feet to a point along the dividing line between Lots Nos. 36 and 43 of the hereinafter mentioned subdivision plan; thence continuing along said dividing line, North 45 degrees 38 minutes 50 seconds East, a distance of 329.81 feet to a point along the eastern side of an existing private drive known as West Slate Hill Road; thence continuing along said dividing line and West Slate Hill Road, North 28 degrees 54 minutes OS seconds West, a distance of 240.00 feet to a point; thence continuing along line of lands now or formerly of L. Sanford Alwine and Lois J. Alwine, North 28 degrees 54 minutes OS seconds West, a distance of 125.00 feet to a point; thence continuing along the dividing line between Lots Nos. 36 of 44 of the hereinafter mentioned subdivision plan, North 28 degrees 54 minutes OS seconds West, a distance of 100.00 feet to a point along line of lands now or formerly of Donald L. Ward; thence continuing along line of lands now or formerly of Donald L. Ward, North 28 degrees 54 minutes OS seconds West, a distance of 300.00 feet to a point; thence continuing along line of lands now or formerly of John A, and Helen T. Ward, North 46 degrees 49 minutes 23 seconds East, a distance of 31.98 feet to a point; thence along the dividing line between Lots Nos. 35 and 36 of the hereinafter mentioned subdivision plan, North 65 degrees 58 minutes 50 seconds East, a distance of 134.64 feet to a point; thence continuing along said dividing line, North 20 degrees 23 minutes 55 seconds East, a distance of 215.30 feet to a point along the southern side of Prickly Pear Drive (50 foot wide right-of--way) by a curve to the left having a radius of 285.00 feet, an arc length of 90.00 feet, a chord bearing of South 78 degrees 38 minutes 53 seconds East and chord length of 89.63 feet to a point along the southern side of said Prickly Pear Drive, being the point and place of BEGINNING. CONTAINING 9.53 acres BEING Lot No. 36 of the Final Subdivision Plan for Phase I of Hillcrest Farms West, dated February 20, 2002 and being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Plan Book 86, page 57. UNDER AND SUBJECT, NEVERTHELESS to restrictions, easements and rights of way as recorded in Plan Book 86, Page 57. UNDER AND SUBJECT to the Cactus Conservation Easement as recorded in Plan Book 86, Page 57 UNDER AND SUBJECT to the Declaration of Covenants, Reservations and Restrictions as recorded in Misc. Book 693, Page 333. UNDER AND SUBJECT to a 20 foot drainage easement as recorded in Plan Book 86, Page 57. UNDER AND SUBJECT to a private access easement known as West Slate Hill Road as referenced on the Final Subdivision Plan for Phase I of Hillcrest Farms West as recorded in Plan Book 86, Page 57. TITLE TO SAID PREMISES IS VESTED IN Alan G. Davis, II and Kristi L. Davis, h/w, by Deed from Don E. Backenstow, married man, dated 04/15/2003, recorded 04/15/2003 in Book 256, Page 2808. PREMISES BEING: 29 PRICKLY PEAR DRIVE, CARLISLE, PA 17013-8546 PARCEL N0.29-06-0021-175 00505463 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-1477 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 ALAN G. DAMS, II and KRISTI L. DAMS (I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION . (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $191,726.23 L.L.$.50 Interest from 4/20/10 to Date of Sale ($31.52 per diem) -- $4,475.84 Atty's Comm Atty Paid $192.70 Plaintiff Paid Date: 5/7/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Name: JENINE R. DAVEY, 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 Deputy Supreme Court ID No. 87077 SHERIFF'S OFFICE OF CUMBERLAND COUNTY % R Ronny R Anderson Sheriff Jody S Smith Chief Deputy EI .E -0 I ic E `1 F T' I R a? { 1 i LOIO (7:-ED 23 Pki y: 1 ' Richard W Stewart Solicitor 0MCE ^F 'ME `-RIFF Chase Home Finance LLC vs. Alan G. Davis, II (et al.) Case Number 2010-1477 SHERIFF'S RETURN OF SERVICE 06/21/2010 07:51 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2010 at 1951 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 Alan G. Davis, 11 & Kristi L. Davis, located at, 29 Prickley Pear Drive, Carlisle, Cumberland County, Pennsylvania according to law. 06/30/2010 07:39 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1( at 1540 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: Kristi L. Davis, by making known unto, Kristi L. Davis, personally, at, 27 Hillside Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/30/2010 03:44 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1C at 1540 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: Alan G. Davis, by making known unto, Alan G. Davis, personally, at, 29 Prickly Pear Drive, Carlisle, Cumberland County, Pennsylvania its contents and a the same time handing to him personally the said true and correct copy of the same. 07/14/2010 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 7/12/2010 SHERIFF COST: $4,391.03 September 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF A2 -fio fd, (,+ . .57> 1,G10aa1- (cj CoumySuae Sherff Teieosotl_ Uu;. Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff e--) ".., C C=5 CHASE HOME FINANCE, LLC Plaintiff vs ALAN G. DAVIS, II KRISTI L. DAVIS Defendant : I Court of Common Pleas Civil Division CUMBERLAND County • ?c No. 10-1477 CIVIL TERM X_ I cca ut TO THE PROTHONOTARY: Please mark the judgment(s) satisfied and the action settled, discontinued and ended. Dater to ELAN HALLINAN & SCHMJEG, 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 PHS# 226868 Attorneys for Plaintiff C:) q° -7