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10-2237
UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 LOUIS A. SIMONI, ESQUIRE - ID #200869 DAM L. KAYES, ESQUIRE - ID #86408 n MARGUERITE L. THOMAS, ESQUIRE - ID #204460 C CZ), ' WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 7a CHERRY HILL, NJ 08003-3620 c == cry 856-669-5400 pleadings@udren.com :X ;rn The Bank of New York Mellon :COURT OF COMMON PLEAS f/k/a The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase Bank, as trustee for the :Cumberland benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series 2004-4 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Johnnie L. Gillon Erika M. Nelson 318 East North Street Carlisle, PA 17013 Defendant(s) County NO. 10 - 0;0 31 6. V •t' 1 rm COMPLAINT IN MORTGAGE FORECLOSURE 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 ? (c l requested by the Plaintiff. You may lose money or property or other rights important to you. ,$01A.00 PA A" y Ce 149M(P 0 A34 E89 F 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 F AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demanders en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede contin_uar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 F 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. Plaintiff is the legal holder of the Mortgage that is the subject of this action. Current assignments of mortgage of record are as follows. Assignor: Wilmington Finance, a division of AIG Federal Savings Bank Assignments of Record to: Mortgage Electronic Registration Systems, Inc Recording Date: 1/28/05 Book: 714 Page: 4262 Assignor: Mortgage Electronic Registration Systems, Inc. Assignee: JPMorgan Chase Bank as Trustee for Equity One ABS, Inc. Mortgage Pass Through Certificates Series 2004-4 Recording Date: 5/14/07 Book: 736 Page: 4192 Plaintiff is in the process of formalizing the assignment of mortgage in its favor for recording. 2. Defendant(s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 318 East North Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Carlisle COUNTY: Cumberland DATE EXECUTED: 6/16/04 DATE RECORDED: 6/17/04 BOOK: 1870 PAGE: 464 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the. required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 4/2/10: Principal of debt due Unpaid Interest at 8.5% from 7/1/08 to 4/2/10 (the per diem interest accruing on this debt is $20.21 and that sum should be added each day after 4/2/10) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Escrow Overdraft/(Balance) (The monthly escrow on this account is $965.83 and that sum should be added on the first of each month after 4/2/10) Late Charges (monthly late charge of $34.56 should be added in accordance with the terms of the note each month after 4/2/10) Corporate Advance Attorneys Fees (anticipated and actual to 5% of principal) TOTAL $86,763.81 13,249.61 325.00 280.00 13,011.78 1,624.38 2,939.19 4,338.19 $122,531.96 C, 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $122,531.96 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. UDREN 12 OFFICE P. C. BY , Attorneys for l? tiff MARK J. UDREN, IRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE C- Mar-19-2010 11:32am From- T-492 P.O1D/D14 F-178 LEGAL DESCRIPTION - EXHIBIT "A" 318 E. NORTH STREET CARLISLE, PA 17013 ALL THAT certain tract of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON the North by East North Street; on the East by property now or formerly of Byron H. Kitch; on the South by a Sixteen (16) foot allioy; and on the West by property now or formerly of Harry E, Ruhl and wife; containing Eighteen feet six inches (18' 6") more or less, in the front on East North Street and extending in depth at an even width One Hundred Twenty (120) feet, entire or less, to said alley on the South; the eastern boundary line being the center of the division wall between the house erected on this lot of ground and the house on the lot of ground adjoining on the Fmt. The above described tract of land has thereon erected the western half of a double three-story pressed brick dwelling house known as 3 18 East North Street. BEING the same premises width Steve A. Kauffman, by Deed dated December 13, 2002, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 254, Page 5044, granted and conveyed unto Roger J. Pernik and Carolyn A. Persik, husband and wife. AND BEING the same premises which Roger J. Persik and Carolyn A. Pernik,. husband and wife, by their deed dated and recorded even date herewith in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, . granted and conveyed unto Johnnie L. Gillon and Ericka M. Nelson, Mortgagors herein. _ I:t'tt?rclrClt D BK 1 870PGGLL 80 =192010 10;48:57AM GU. SERLRAD COUNTY Inst.R 200424032 - Page 17 W ^? 0 Litton Loan Servicing LP PRESORT P-O. Box 9010 First-Gass Mail I omsa4a, CA 92W-901 0 U.S Postage and Fees Paid WSO Sono Payments To- 7113 8257 1473 7650 9554 LMon Loan Servicing LP Atin• Cush Managemerd Dwartrnent P.O. Box 4387 Houston, Tx 77210-4387 Send Correspondence To: Litton Loan Servicing LP {n?{{{???{{{nnu{{u{{n?{?{?{?{??{n{{hnn?{{{??{?{??{?) Attu- Ctstomer Assistance Response Team 4828 Loop Central Drive JOHNNIE GILLON Houston Tx 77081 ERIKA NELSON 318 E NORTH ST CARLISLE, PA 17013 DMDA C 6-Litton Loan Servicing" Scrr L'iu Certified Mail 7113 5257 1473 76SO 95554 1,16,111-10 09 JOHNNIE, GILLO ERIKA NELSON' 318 E NORTH ST CARLISLE. PA 1701' , ACT 91 NOTICE 48218 Loop Central Drive Houston. TX 77091 Telephone (800) 5149-8501 Fix (7' 3) 960-9 w-w,w. .littonloan.com Hours of Operation (CST) Mon.: 8 -am. - 8 p.m. Tues. - Thurs.: 9 a.m. - 10 p.m. Fri.: NI am. -5 p.m. Sat.: 8 a.m. - 1' p.m- sz;r.: 10 a.na. - 1 p,nt. TAKE ACTION TO SAVE YOUR HOME FROM F ORECLOSURE This is an official Notice that the mortgage on your home is in defaulL and the lender intends to foreclose. Snecific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM tHEMAPI may be able to help nave vow home. This Notice explains hour the prop-raw works. To see if IIEMAP can help, oa must MEET WITH A C'ONSi1lVI?R„tn'RE.nIT C'OUNSE .ING ACrF.WW WITHIN 33 DAIN OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agencv, The name, address. and phone number of Consumer Credit Counseling Agencies serving, your County are listed at the end of the Notice. If you have any ©uestions. you may call the Pennsylvania Housing Finance Agency toll- tree at (800) ^>42-2397. (Persons with impaircd hearing can call 1717°l 7W 18154). This Notice contains important legal information. If you have any questions representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LITTON LOAN SERVICING LP IS ADEBT COLLEC'T'OR. THIS IS AN ATTEMPT To COLLECT' YOUR DEBT AND Al's'Y INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU ARE NOT OBLIGATED ON THE DEBT OR IF THE DEBT HAS BEEF? DISCHARGED IN A BANKRUPTCY PROCEEDING, THIS IS FOR INFOPMATIONAL PURPOSES ONLY AND IS NOT AN ATTEMPT' TO ASSESS OR COLLECT THE DEBT FRO1wI YOTI PERSONALLY 2Ht7tit Od32,09170$100007 7113 8257 7,473 7650 9554 C- LA NOTIFICACION EN ADJU,NTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTTNUAR VIVIENDO EN SU C.ASA. St NO COMPRENDE EL C.'ONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENC'Y) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE P_ARA UN PRESTAMO FOR EL PROGAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR S CASA DE LA PERDIDA DEL DERECHO A REDIMIR SIT HIPOTECA. HOMEONk'NER'S NAA'IE(S): Johnnie Gillon Erika Nelson PROPERTY ADDRESS: 318 East North Street Carlisle, PA 17013 LOAN ACCT. NO- 4076848-1 ORIGINAL LENDER: Contact Litton Loan Servicing LP CURRENT LENDERISERVICER: Litton Loan Servicing LP HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAFE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY' MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT")" YOU MAY BE ELIGIBLE FOR EMERGENC'Y MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND • IF Y017 MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three-(3) days for mailing). During that time you must arrange and attend a "farce-to-face" meeting with one of the consumer edit counseling agencies listed at the end of this Notice, THIS MEETING MUST OCCUR WITHIN THIRTY'-THREE'. (331 DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOI' MUST BRING YOUR MORTGAGE UP T DATE, TH : PART OF THIS NOTICE CALLED "HOW TCt C tlt YOUR MORTGAGE DEFAULT." EXPLAINS HOB' TO BRINCT YOI:TR 14' ORTG.AGF UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling, agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses. and telephone nrunbers of designated c arms-umer credit counseling agencies for the county in which the oronerty is located are set forth at the end of this Notice. It is oniv necessarv to schedule one face-to-face meeting. Advise your lender immediately of ar intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your morte,aec is in default for the arsons set forth later in this Notice (see following pages for specific: information about the nature of ` your default). You have the right to apply for financial assistance from the Homeo%%mer's Emergence Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergenev Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Onh, consumer credit counseling agencies have applications t+- the program, and they will assist you in submitting: a complete apnl cmtinn to the Pennsylvania Housing Finance Arent.-. To temporarily= stop the lender from filial, a forc iosuTC aL:tior.. your application MUST be forwarded to PHFA anti receis ed writhin thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HE IIAP: IPPI.ICATIOV AS SOON AS POSSIBLE IF YOU IL4l'T A AIEETI`+'VG WITH A COI tiSELING A GENCY 97THIN 33 PA PS OF THE POSTMARK PATE OF THIS NOTICE' A,'VD FILE AN APPLICATIOA' WITH PIIF 4 I f7THIN 34 DAYS OF THAT M ETI VG THE:+V THE LENDER KILL BE TEMPOR9RILYPRE'VE NTF.D FROII S'TARTIYG A FORECLOS17RE AGAL'VST YOEW FROPERn, AS EXPLAI'VF_D ABOUT, LNr THE SECTIOV CALLED "TEMPORARYSTAY OF FORECLOSURE " YOU HA ICE THE RIGHT TO FILE A HEMAP APPLLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLTCATI&V WILL ,'VOT PREVE?VT THE LENDER FROM STARTING A FORECLOSURE ACHU1r, BUT IF YOUR APPLICATION IS EVE.h7T AALLYAPPROI °ED AT A °VY TIIIE BEFORE A SHERIFF'"S SALE, THE FORECLOSIWE WILL BE STOPPED. AGENCY ACTION Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency= under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agene, has sixty (60) days to snake a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirennents set forth above. You will be notified directly by the PennsylvaniaHousinrg Finance Agency of its decision on your application. NOTE: IF YOU ARE G'URRFNTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY. THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSE'S ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT, (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date.) NATURE. OF THE DEFAULT - The MORTGAGE debt held by the abmv tender on your property located at: 71 g East North Street C?ariisle, PA 17013 IS SERIOUSLY IN` DEFAL°LT because: A. YOU I-LkVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following. amounts arc now past due: 8`12009 009 through 11 `i 2009 totaling $26,513.29 Other charges (itemized): Late charges: S1.555.20 NSF charges: SO.00 Outstanding legal fees and costs: X2.285. Broker Price Opinion fees: Inspection fees: $409.25 TOTAL AMOUNT PAST DUE., S.30,9mr, 13. YOU HAVE FAILED TO TAKE THIS FOLLOV-TNG ACTION: Cure the d, fiwh. LITRE HWj'jQ t - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS S30.9821.17 PLUS AN. -T- 34 ORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pavmcnts trust be made either by cash, cashier's check, certified cheep, o€ monev order made navdble and sent to: Litton Loan Servicing, LP Attention.: Cash Management Departmetr. P.O. Box 4397 Houston. T1 77'110-438' 2800.0032,091708100007 7113 62337 3473 765C, 9S5+ 0 IF VOU DO NOT CURE THE DEFAULT - if you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS. the lender also intends to instruct its attomevs to star. legal action to foreclose anon Your mortgaged trronerty. IF THE ]MOR'T'GAGE IS FORECLOSED UPON - The mortgaged property will be said by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $ 0.00. Hower. if legal proceedings are started against you, you will have to pay all reasonable attorneys' fees actually incurred by the lender even if they exceed $50,00. Am, attorney's fees will be aided to the amount you owe the lender, wfiich may also include other reasonable costs. If you care the default within the THIRTY (301 DAY period. von will not be reuaired to nov attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE • If you have not cured the default within the THIRTY (:30) DAY period and foreclosure proceedings have begun. you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriff's Sale. You may do so by Pavine the total amount hen l2ast due. plus any late or other char Ms then due. reasonabie attorney's fees and ccgts connected with the foreclosure sale. and anv other costs connected with the Sheriff's Sale as stycified in writine by the tender and by raerfomtine any other reauirementc under the mortgage. Caring your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course. the amount needed to cure the default wfl l' increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contactinu the lender. HOW TO CONTACT THE LENDER: Name of Lender: LITTON LOAN SERVICING LP Address. 4828 Loop Central Drive, Houston. TX 77081 Phone Number (000) 999-8501 Fax Number: (713) 5166-W)06 Contact Person: Default Administration Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could t-v started i7y the lender at any time. ASSUMPTION OF MORTGAGE; - You _ mayor X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges. and arlorneti-'s, tees and costs are paid prior to or at the sale and that other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: 2 • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAT' OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITI?TION TO PAYOFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEN'ER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THANT THREE (s) TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE Y OU BELIEN."E YOI MAY HAVE TO SUCH ACTION BY THE LENDER TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COLTNSELLNG AGENCIES SERN'LNG i CLrMBERLrAND COUNTY Adams County Interfaith CCCS of Western PA Housing Authority 2000 Unglestew?n Row 40 E High Street Harmburg, PA 17102 Gettysburg PA 17325 888.511.2227 717.334.1518 Community Action Commission of Capital Region 1514 Deny Street Harrisburg, PA 17104 717.232.9757 Lovesnp.. Inc- 2320 North 5th Street Hamstxerg, PA 17110 717.232 2207 Marenathe WFA 43 Philadelphia Avenue 211 North Front Street Waynesboro. PA 17268 Harrisburg, PA 17110 717 762 32e5 717.780.3840 800.342.2347 2800 0031091708100007 7113 6257 1473 7650 9554 V E R I F I C A T I O N The undersigned, hereby states that he/she is the attorney for the Plaintiff, a corporation unless designated otherwise; that he/she is authorized to make this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he/she has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his/her knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. 114 BY: A orneys for laintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE LOUIS A. SIMONI, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE .~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon :COURT OF COMMON PLEAS f/k/a The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the Certificateholders of Popular €NO. 10-2237 ABS, Inc. Mortgage/Pass Through Certificates Series ~ ~ a `n #2004-4 ~ ~ c~~ ° ~- Plaintiff ~r~-~ ~=' r-„ :~: ~ _ ~; ~,, v . , ~ Johnnie L. Gillon `~~ ~, Erika M. Nelson r - ~ - ~' Defendant (s ) ~ `c"~ _ -'~~ G. PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: June 2, 2010 UDREN LAW OFFICES, P.C. BY : _~~ Attorneys ffSr Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date . ~' - V' ~ I " Name : Diane ~~ T i t.l e : AssistantVice President Company: .Litton Loan Servicing, LP as servicer on behalf of The Bank of New York Mellon f/k/a The Bank of. New York as successor to JPMorgan Chase Bank, as trustee for the b e n e f i t o f t h e Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series 2004-4 Johnnie L. Gi11on Erika M. Nelson Loan #40768483 MJU #10030624-1 (Cumberland County, Pennsylvania} UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. RAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff v. Johnnie L. Gillon Erika M. Nelson Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS:? ~-' CIVIL DIVISION ~- Cumberland County --~~- ~ ~ " ;-T+ _; ~ Ic-, - . -o - :-, ~ = W ,'~`4 NO. 10-2237 AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: July 20, 2010 W OFFI C. BY: r Plaintiff MARK J . UDRE33• -.... STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE / CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon :COURT OF COMMON PLEAS f/k/a The Bank of New York :CIVIL DIVISION as successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the 'MORTGAGE FORECLOSURE Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff v. Johnnie L. Gillon €NO. 10-2237 Erika M. Nelson Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4, Plaintiff in the above action, by its attorney, Mark J. Udren, Esquire, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 318 East North Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Johnnie L. Gillon Erika M. Belson 318 East North Street Carlisle, PA 17013 318 East North Street Carlisle, PA 17013 302 Juniper Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Adult Probation William Willhide 4. Name and address of of record: Name Address The Bank of New York Mellon 4828 Loop Central Drive f/k/a The Bank of New York Houston, TX 77081 as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 5. Name and address of every other person who has any record lien on the property: Name Address 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 Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013-3387 41 Willis Road, Newville, PA 17241 the last recorded holder of every mortgage 1 Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 318 East North Street Carlisle, PA 17013 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. sec. 4904 relating to unsworn falsification to authorities. DATED: July 20, 2010 UDREN BY: aintiff MARK J. UDREN, ESQUI STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE ADAM L. KAYES, ESQUIRE MARGUERITE L. THOMAS, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 ADAM L. KAYES, ESQUIRE - ID #86408 MARGUERITE L. THOMAS, ESQUIRE - ID #204460 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff v. Johnnie L. Gillon Erika M. Nelson Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2237 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Johnnie L. Gillon and Erika M. Nelson PROPERTY: 318 East North Street, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on Seatember 8, 2010, at 10:OOam, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. 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"' m m m O~ i ~ O t~ t/r d H O~?.n~ ~ ~ ° ' a ~ ~ fD ' ~ - v a v ~ ~°-'~~m3 N y p, p 4 'O N m ,~ W v m m~ T~ ~ N ~. fD o~~>>n N :Cl ~ "`fG N ~~-m^3 ,p ~p n m y~ ~ ~~ ,, _ ~ ~7 N cD j N -~ Q p G j ~ N ~ Q ~ ~ ~~~ ~x d 3 m m ~ ~ ~ (n H ~ o ~m 3 co 2 ~° c 3 ~ vi S O1 m m ntn~ m o ~~ 0 3 ~ ~ ~ ~ rn G N 3, obi v+ °o ~ fD 3 N '"~ ,o^' - ~' v " o~ °~m ~ ~' f~D i > > ~'O D' m ~ ~ W N N T ~ ~ ~ ~ Q SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~Q~ata of ~'a~br~.~~h~ ,~, '_~; ,~~>,,- „ .,y,-- QFF ICE "TKE S.".RIFF ~. The Bank of New York Mellon vs. Johnnie L Gillon (et al.) Case Number 2010-2237 SHERIFF'S RETURN OF SERVICE 06/26/2010 11:50 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1C at 1445 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Erika M. Nelson, by making known unto, Lorraine Cary, Roomate and Adult in Charge,at, 302 Juniper Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 06/26/2010 07:47 AM -Noah Cline, Deputy Sheriff, wha being duly sworn according to law, states that on 6-26-2010 at 0747 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 Johnnie L. Gillon & Erika M. Nelson, located at, 318 East North Street, Carlisle, Cumberland County, Pennsylvania according to law. 06/30/2010 02:37 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 6/30/1 C at 1435 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: Johnnie L. Gillon, by making known unto, Johnnie L. Gillon, personally, at, 318 East North Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $908.92 SO ANSWERS, July 02, 2010 RON R ANDERSON, SHERIFF ~EXH~BIT B (c} CountySuite SheritY. Teleosott, Inc. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2237 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE/PASS THROUGH CERTIFICATES SERIES #2004-4 Plaintiff (s) From JOHNNIE L. GILLON, ERIKA M. NELSON (l) 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: $125,765.55 L.L.: Interest from 6/3/10 to Date of Sale June 6, 2012 on going per diem of $20.21 to actual date of sale including if sale is held at a later date - $14,854.35 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1,047.69 Other Costs: Plaintiff Paid: Date: 2/29/12 David D. Buell, Prothonot (Seal) Deputy REQUESTING PARTY: Name: KASSIA FIALKOFF, ESQUIRE Address: UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 310530 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon :COURT OF COMMON PLEAS f/k/a The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the :MORTGAGE FORECLOSURE Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff V. a Johnnie L. Gillon :NO. 10-2237 Erika M. Nelson Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due rx r 'r NO CCD : z C) . _ $125,765.55 Interest From 6/3/10 14,854.35 to Date of Sale June 6, 2012 Ongoing Per Diem of 20.21 to actual date of sale including if sale is held at a later date (Costs to be added) UDREN LAW OFFICES, P.C. l0 5 . (c, c? o SOj It y 9'a!5D ltrr J y. 00 It A `I. M ?D LO. bto ?? BY: Attorneys for Plaintiff KASSIA FIALKOFF, ISQU'" PA ID 310530 g, 'P. 'q s -i L&L G. Cam- aH SSo F-+ al I -? 19 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff V. Johnnie L. Gillon Erika M. Nelson Defendant(s) ATTORNEY FOR PLAINTIFF ;COURT OF COMMON PLEAS CIVIL DIVISION ;Cumberland County Z ;..a MORTGAGE FORECLOSURE rn NO. 10-2237 C E R T I F I C A T E I hereby state that as the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN?LAW OFFICES, P.C. BY. c Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE P1 ID 3 1JJ?U UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon : COURT OF COMMON PLEAS f/k/a The Bank of New York as = CIVIL DIVISION successor to JPMorgan Chase : Cumberland County Bank, as trustee for the = .. benefit of the :: MORTGAGE FORECLOSURE z t i= Certificateholders of Popular ' ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 35 =q _ -?-. Plaintiff V. Johnnie L. Gillon : NO. 10-2237 Erika M. Nelson Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 318 East North Street, Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address Johnnie L. Gillon Erika M. Nelson 318 East North Street Carlisle, PA 17013 318 East North Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 17013-3387 i 4. Name and address of the last recorded holder of every mortgage of record: Name Address The Bank of New York Mellon 4828 Loop Central Drive f/k/a The Bank of New York Houston, TX 77081 as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 5. Name and address of every other person who has any record lien on the property: Name Address 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 Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 318 East North Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: February 2?, 2012 UDREN LAW OFFICES,. P.C. BY :? Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. ATTORNEY WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com FOR PLAINTIFF The Bank of New York Mellon :COURT OF COMMON PLEAS f/k/a The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the :MORTGAGE FORECLOSURE Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff V. Johnnie L. Gillon €:NO. 10-2237 Erika M. Nelson Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 c =M M T ?..., -< ` o ci r Your house (real estate) at 318 East North Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 6, 2012, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA , to enforce the court judgment of $125,765.55, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. 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 cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 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 856-669- 5400. 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 856-669-5400. 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 schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. 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 Schedule of Distribution is filed. 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 TARE 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 P r UDREN LAW OFFICES, P.C. ATTORNEY WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 FOR PLAINTIFF The Bank of New York Mellon =COURT OF COMMON PLEAS f/k/a The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the Certificateholders of Popular NO. 10-2237 ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff V. Johnnie L. Gillon Erika M. Nelson Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: rn :.CO is `- 'i Kindly file the attached Proofs of Service with regard to the captioned` matter. Date: May , 2012 FFICES,:.P.C. Y: fo)' Plaintiff AW U.A9t . BAR # 30&U7 '`TT BAR # 13862010 r ) The Honk of New York Mellon w The [tank or New York, el. al., plaintiff(6) vs. Johnnie L. Glllon, et. ail., Defendant(6) Service of Process by , -_ -'APS International, Ltd. / 1-800-328-7171 -Ak SIPS Internatfonstt Plaza 7800 Glenroy Road - ` Minneapolis, MN S5439-3122 APS Flle #: 116433-W0t AFFIDAVIT OF DUE AND DILIGENT ATTEMPT Service of process one ' -Erika M. Nelson UDREN LAW OFFICES I Court Case No. 10-2237 ML flenni Crommorty 111 Woodcrest Rd., Ste. 200 Cherry Hill, NJ 09003-3620 Culstotner File: Slate of: District of Columbia) ss. County of, Washington 1 Name at Server: Michael Reeder undersigned, being duly sworn, deposes and says that at all times mentioned herein, slhe was of legal age and was not a party to this action; Documents Served: the undersigned attempted to serve the documents described as: Notice of sheriff's SAIe of Real Property Service of Process on: The undersigned attempted to serve the documents on Erika M. Nelson and after due and diligent efforts, was unable to effect service. Attempts: The following is a list of the attempts made to effect service: uulalfltne/AQtlresc At[emptod: 4824 Kenmore Avenue A mcnt Z02, Alexandria, VA 22304 on 04/29/12 at 8:17 am On this occasion, there w as no answer at the door. Ressau fnr Nanaervioe: 4824 Ketnnore Avenue, Apt. 202 Alexandria, VA 22304 on 05/01/12 at 7:20 m Dsteclrimt/AddrW Au4nupted: On this occasion, again, there was no answer at the door. Remo for Non-Service; 4824 Kenmore Avenue Apt. 4 202 on p5102/12 at 10.30 am tfstor Time/Addres6 Attcnlp(od; Alexandria, U2230 On this occasion, there was no answer at the - door. In addition, I s Benson rar Non-Service: w t management who state that s. Nelson s rental application was rejiected, du to cr Del?o Based upon the move statewalclts, Attisansti la9lteves the defendant is avoiding service. Signature of Server: Undersigned declares under penalty ofpetjury that the foreggl ng is true and correct. Signature tsr Server APS International, Ltd. Subscribed and sworn to before me this "JY day of 201x.. NoWryPoblic ti ommissionExpires) Nicole G- Dacvis t4ptaty Public, District of velum! 1/3112011 r Camndsstan Ea ft" UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER I II WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff V. ERIKA NELSON;, ET AL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION ?- ^!9 v,w P,.,.7 CUMBERLAND County - °; NO. 10-2237-CIVIL r ' t1 MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, moves this Honorable Court for an Order directing service of the Notice of Sale upon Defendant(s): ERIKA NELSON, by regular mail and certified mail, and by posting the mortgaged premises and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant(s) as follows: ERIKA NELSON 318 E NORTH ST CARLISLE, PA 17013-2540 A copy of the Return of Service is attached hereto as Exhibit "A". 2. Process was unable to be served at the then last known address of said Defendant(s) as follows: ERIKA NELSON 320 JUNIPER STREET CARLISLE, PA 17013 A copy of the Return of Service is attached hereto as Exhibit "B". 3. Process was unable to be served at the then last known address of said Defendant(s) as follows: ERIKA NELSON 4824 KENMORE AVENUE, APT. 202 ALEXANDRIA, VA 22304 A copy of the Return of Service is attached hereto as Exhibit "C". 4. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit "D". 5. Said investigation was unable to determine an alternate address for said Defendant(s). 6. The last known address of Defendant(s) is as set forth in the attached Exhibits. WHEIZEFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sale upon said in paragraph 1, by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff ?- PAIGE M. SELLINO, ESQUIRE PA ID 309091 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor The Bank of New York Mellon Trust Company vs. Johnnie L Gillon (et al.) Case Number 2010-2237 SHERIFF'S RETURN OF SERVICE 03/19,12012 03:21 PM - Deputy Shawn Gutshall, 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 318 East North Street. Carlisle Borough, Carlisle, PA 17013, Cumberland Co u my 03/19/2012 0335 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Johnnie L Gillon at 302 Juniper Street, Carlisle, PA 17013. The Defendant was found to have moved. 03/19/2012 03:35 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Erika M. Nelson at 302 Juniper Street, Carlisle, PA 17013. The Defendant was found to have moved. 03128/2012 11:26 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Erika M. Nelson, but was unable to locate the Defendant in his bailiwick. He therefore retums the within Real Estate Writ, Notice and Description, in the above titled action. as "Not Found" at 318 East North Street, Carlisle, PA 17013, defendant does not reside at address provided, current resident Sarah Bass has resided there for 3 years 03128/2012 11:26 AM - Deputy Gerald Worthington, 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 Sara Bass - girlfriend, who accepted as "Adult Person in Charge" for Johnnie L Gillon at 318 East North Street, CarliSIE Borough, Carlisle, PA 17013, Cumberland County. SHERIFF COST: $921.20 April 02, 2012 SO ANSWERS, RONNY R ANDERSON. SHERIFF EXHIBIT A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor The Bank of New York Mellon Trust Comz)any vs. Johnnie L Gillon (et al.; SHERIFF'S RETURN OF SERVICE Case Number 2010-2237 03/19,'2012 0321 PM -• Deputy Shawn Gutshall, being duly sworn according to law, states service was performed by posting a twe copy of the recuested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 318 East North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County 03/19/2012 03:35 PM Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Johnnie L Gillon at 302 Juniper Street, Carlisle, PA 17013. The Defendant was found to have moved. 03/19/2012 03:35 PM Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Erika M. Nelson at 302 Juniper Street, Carlisle, PA 17013, The Defendant was found to have moved. 03128/2012 11:26 AM Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Erika M. Nelson, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 318 East North Street, Carlisle, PA 17013, defendant does not reside at address provided, current resident Sarah Bass has resided there for 3 years. 03128/2012 11:26 AM .- Deputy Gerald Worthington, 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 Sara Bass - girlfriend, who accepted as "Adult Person in Charge" for Johnnie L Gillon at 318 East North Street, Carlisle Borough, Carlisle, PA 17013 Cumberland County. SHERIFF COST: $921.20 April 02, 2012 ryl r' '<(t SO ANSWERS, RONNY R ANDERSON, SHERIFF EXHIBIT B Service of Process by Tho Bank of Ncw York Ntellan NA The bank of New York, et. oi., AP International, Ltd. riait,cisr(e? %-80a-2B-7I71 Vs. Johnnie L. Glion, et. %I,, Defendant(s) tips International Plaza OWNER f 7800 Glenroy Head Minneapolis, MN 56439-3122 AFS Filed; 1 IG423-00(i1 AFFIDAVIT OF DUE AND DILIGENT ATTEMPT UDRCN LAW OFFICES Ms. litnni Crammarty 111 Woodernt Rd., Ste, 200 Cherrv Hill, NJ 09003-3620 Service of Process on- --Erika M. Nelson Court Case No. 10-2237 Cuttomer Flie: IQR?Eff+z4-l _• „ _. State af: District of Columbia t st; County of; Washington I Name of Server. Michael Reeder undersigned, being duly sworn, deposes and says that at all times mentioned herein, s/he was of legal age and was not a party to this action; Docantents Served: the undersigned attempted to serve file documents described as: ?notice of 5herifi's Sale of Real Property Service of Proceis oat: The undersigned attempted to serve the dacu3nents on Erika M. Nelson and after due and diligent efforts, was unable to effect service. Attempla: The following is a lisi of the attempts made to effect service: t)ute4rrlme1Address Atrem fed; 4824 Keurnorc Avenue p &partment 202, Alexandria, VA 2:304 on 04/29/12 ar 9:17 am Ressa;t for Nnn-Service; On this occasion, there was no answer at the door. Kenmore Avenue, Apt. 20' Uare,;rrimcIA4drees.attumpred: Alexandria, VA 22304 an 05[01/12 at 7:20 pm _ Remo fnrNon-Srrvice: On this occasion, again, there was no answer at the door. 4824 Kenmore Avenue Apt. 202 10,30 am botuanimc/Addrei6 Attcrnttted, AlexandriRrVA 223D-_ on 05102/12 at _ ReammtnrNno-ScrVftc: On this occasion, there w'as no answer at the door. In addition, I s with management W40 state that Ms. Nelson's rental application was re acted du to cr al ato Base Upon tine move state?fatts, A lrif f9lieves the defendant is avoiding service. Signature of Sarver, Undersigned declares under penalty of perjury that the foregoing is true and correct. Stgnatura oC 5arvcr APS Intervational, L(d. Subscribed and swp`o?m to before me this day of i" to 201x.. 1Vowry Public / '? ommissio„ Expiresf Nicole G. Davis t eery Public, Disttid W C illfil 1i# Wy Commission ExPlItax 11312014 ,R EXHIBIT C IN THE COUR'T' OF COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA THE BANK OF NEW YORK MELLON TRUST COMPANY ,Plaintiff(s) ERIKA NELSON, E'_" A:= ,Defendant(s) - against - AFFIDA'JIT OF DUE DILIGENCE Docket No. T, THE UNDERSIGNED AM AND WAS ON THE DATES HEREIN MENTIONED, OVER THE AGE OF EIGHTEEN YEAR. AND NOT A PARTY TO THE ACTION, ATTEMPTED TO SERVE THE FOLLOWING CERT. Or DILIGENT INQUIRY FOR CURRENT ADDRESS. A14D THAT AFTER DUE SEARCH, CAREFUL INQUIRY AND DILIGENT ATTEMPTS AT THE :RESIDENCE: 318 EAST NORTH STREET CARLISLE PA 17013 ALTERNATE: 302 JUNIPER STREET CARLISLE PA I HIV/ BEEN UNAB3,E TO HAKE DELIVERY ON ONE OF THE FOLLOWING NAMED ERIKA NELSON THEREFORE PRO."ESS IS BEING RETURNED FOR THE FOI.,I,OWTNG REASONS: 04/2S/12 CERT. OF DILIGENT INQUIRY BEING PROCESSED, 04/25/12 DILIGENT INQUIRY INDICATES AS FOLLOWS:-- s SSr 159-60-XXXX i NAME: ERIKA NELSON ADD: 4824 KENMORE AVENUE, APT, 202 ALEXANDRIA, VA 22304 DOB: 01/18/1979 TELE 703-888-0828 LISTED TO ERIKA NELSON AT 4824 KENMORE AVENUE, APT. 202, i ALEXANDRIA, VA. 04,/2:5'12 PER DUE DILIGENCE, THE MOST CURRENT ADDRESS IS 4824 KENMORE AVENUE, APT. 202, ALEXANDRIA, VA. 04/25/12 VOTER REGISTRATION INQUIRY INDICATES NO RECORD FOUNI) FOR ERIKA NELSON WITH DOE 01/18/11979 AS A REGISTERED VOTER IN CUMBERLAND COUNTY, PA OR ALEXANDRIA CITY, VA. 04/25!12 IF DGR CAN BE OF FURTHER ASSISTANCE IN THIS MATTER, PLEASE ADVISE,. Continued on next page DGR - The Source for Legal Support Fil 10 030624-1 1359 Littleton Road, Morris Plains, NJ 07950-3000 (973) 403-1700 F (973) 403 92 2 ?? ? I T e ax - 2 V7ork Order IN THE COURT O COMMON PLEAS OF CUMBERLAND CO., PENNSYLVANIA Docket No. THE BANK. OF NEW YORK MELLON TRUST COMPANY , Plaintiff (s) ERIF.A NELSON, ET AL ,Defendant (s) - against - --- ?t -- ------- S';3RVER: LOUIS CIFELLI SWORN AND SUBSCRIBED TO BEF'OR3 ME THIS 'DAY o .4 r'- 2a (ANGELA D, RI HARDQON NOTARY PUBLIC OF NEW MERSEY 'Ay Commission°Expir8s April 15, 2013 DGR - The Source for Legal Support 1359 Littleton Road, Morris Plains, NJ 07950-3000 File 10030624-i (973) 403-1700 Fax (973) 403-9222 Work Order # 863808 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff V. ERIKA NELSON; ET AL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 10-2237-CIVIL MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service carm.ot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE',: A sheriffs return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit "A","B" and "C" the Sheriff and/or Process Server has been unable to serve the following Defendant(s) at their last known addresses. A good faith effort to discover the whereabouts of the Defendant(s) has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit "D". WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sale upon Defenda.nt(s) by regular mail and certified mail, and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. L „ T x Attorneys for Plaintiff PAIGE M. BELLINO, ESQUIRE PA ID 309091 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER III WOODCREST ROAD. SUITE 200 CHERRY HILL, NJ 08003•3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff V. ERIKA NELSON; ET AL Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 10-2237-CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by U.S. mail on each of the attached parties or their attorneys this 10th day of May 2012. Udren Law Offices, P.C. Attorney for Plaintiff By: 1??,Q?? I UCJ /j PAIGE M. SELUNO, ESQUIRE PA ID 309091 SERVICE LIST CUMBERLAND COUNTY, PENNSYLVANIA CCP. No. Docket Number 10-2237-CIVIL NAME: ERIKA NELSON MAILING ADDRESS: 320 JUNIPER ST CARLISLE, PA 17013 NAME: ERIKA NELSON MAILING ADDRESS: 4824 KENMORE AVENUE, APT. 202 ALEXANDRIA, VA 22304 Ll D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 20044 Plaintiff ERIKA NELSON; ET AL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 10-2237-CIVIL ORDER PERMITTING SPECIAL SERVICE -+a :U s CC - cn i-- y C _ a C- 4N fvt Z AND NOW, this /506 day of /"47 , 2012, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), ERIKA NELSON, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by posting the mortgage premises at: 318 East North Street, Carlisle, PA 17013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: ERIKA NELSON 302 JUNIPER STREET CARLISLE, PA 17013 ec y M?Zjtc?_ ERIKA NELSON 4824 KENMORE AVENUE, APT. 202 ALEXANDRIA, VA 22304 BY THE in'" UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New. York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff ERIKA NELSON; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2237-CIVIL PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: c raw c ;,,..,.. =pD r- cn 8 -V C) r ±.c:) r r Kindly file the attached Proofs of Service with regard to the captioned matter. Date: L ?'..? l i D-, UDREN LAW OFFICES, P.C. BY: ----. Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff V. ERIKA NELSON; ET AL Defendant(s) ORDER PERMITTING SPECIAL SERVICE AND NOW, this 1S"ik day of 111? 2012, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), ERIKA NELSON, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by posting the mortgage premises at: 318 East North Street, Carlisle, PA 17013 And by mailing by certified mail and regular mail to the last known. address of Defendant(s) as follows; ERIKA NELSON ERIKA NELSON 302 JUNIPER STREET 4824 KENMORE AVENUE, APT. 202 CARLISLE, PA 17013 ALEXANDRIA, VA 22304 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 10-2237-CIVIL BY THE COURT: D e ?ri,.?? . O!1 J, EXHIBIT S ?? C? lpf The Rank of New York Mellon, et. al„ Pinintiff(s) VS. Johnnie L. Gillon, et. al., Defendant(s) I UDREN LAW OFFICES M. Kelly Large I I I Woodcrest Rd., Ste. 200 Cherry Hill, NJ 08003-3620 i Service of Process by APS International, Ltd. 1-800-328-7171 APS tyTER uTIOMgO APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55939-3122 A.PS Fite 0, 116878-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: J --Erika M. Nelson, by posting Court Case No. 10-2237 State oL >1C? ss. - - - - - - - - - - - t County oC_ Name of Server: t`_ Ar 1 44ek n ; &A, z_ undersigned, being duly sworn. deposes and says that at the time of service. sthe was of legal age and was not a party to this action: Daterrime of Service: that on the Qeday of HQ* , 20 LL_. at _6a: SS' o'clock _M Place of Service: at 31R Fast Nnrth Street in Carlisle, PA 17013 Documents Served: the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property w/ Order (2 copies) Service of Process oft: A true and correct copy of the aforesaid document(s) was served on: Erika M. Nelson, by posting Person Served, and Method of Service: Description of Person Receiving Documents: Signature of Server: J! By personally delivering them into the hands of the person to be served. By delivering them into the hands of , a person of suitable age, who verified, or who upon, questioning stated, that he/she resides with Erika M. Nelson, by posting at the place of service, and whose relationship to the person is: The person receiving documents is described as follows: Sex ; Skin Color_ Hair Color Facial Hair Approx. Age _; Approx. Height Approx. Weight ? To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service, Undersigned declares under penalty of perjury bscr pd nd sworn to before me th that the foregoing is true and correct. (0/ 'y of r Signature of Server F-- APS International, Ltd. "uh't"?t`NkAiTH OF PEtVNSYtV C ANIq 19 tf txldVe larta Can, uyton• Notary P7?y i M 6ae0' Cumland CoM Gomm ssion ExptreS July t, 20 pia Asa[Ryno, of r12 EXHIBIT B UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings(a)udren.eom The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to € JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff v. ERIKA NELSON; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County c ° _ rat :-. < r-- NO. 10-2237-CIVIL, VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: May 18, 2012 Erika Nelson 302 Juniper Street 4824 Kenmore Avenue, Apartment 202 Carlisle, PA 17013 Alexandria, VA 22304 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: _3 , 2012 r UDREN LAW OFFICES, P.C. BY: 4 Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County ^ r rnj ERIKA NELSON; ET AL Defendant(s) NO. 10-2237-CIVIL ORDER PERMITTING SPECIAL SERVICE AND NOW, this /Slk day of , 2012, upon consideration of Plaintiffs Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that. service of the Notice of Sale and all subsequent pleadings on Defendant(s), ERIKA NELSON, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by posting the mortgage premises at: 318 East North Street, Carlisle, PA 17013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: ERIKA NELSON ERIKA NELSON 302 JUNIPER STREET 4824 KENMORE AVENUE, APT. 202 CARLISLE, PA 17013 ALEXANDRIA, VA 22304 BY THE COURT: T 13 HOB? G°? H 0 ?J?. t3j FJ 00 n (D N F' ? ? x ¢. (xD Fj ((DD (D H m to (D w G o (D ?P b N O N 0 o ?0= ajwM: :D C'n rr <p0 0 =v -ten MDM ?Dm? wOMO 4 M M `l ui ?- , . , U- o- CD CO $ r-q Q 0 CertlNed Fee / C3 C3 Reture H-MM' Fee Postrnadc O O (End=M R f?gaMed) Here Ln 0 ( REndorsare?ntDalReq= M m rl r-q Total Postage & Fees = O O O C3 C3 Erika Nelson orPos=At 4824 Kenmore Avenue, Apt. 202 VA 22304 Alexandria, --------------- 1 0.7i.j, Hasler c tA? c f a 0 !? a (31 ? ? n=i 3 , rn ?CO N °Cn N o rn O N + O EXHigiT F o ? w ? c J m 2 S S 3 ,. 0 k_j W Ln 0 0 O 0 L EP -0 E' Er L? Er Ln A t ? ° 8 ? CD .? Sr ?L t m ? rn w m ?0 N 11 ? pmpt? CL CD C 7 . i y a 3 a?iv ° C a- co ° f° `m ?- < Q w W w0 > o= =ro -8 Sa$$ 3 ?D 3?m3 > ¦c v N 0 11 -4 P b ?0 3 *'• a 0 m fA m a ?. ? og ED Ix ? n ?? '20dd Pus s0dtl al P9ss93p1 Ilew uo e19B11eAS IOU 81 uollawJOlUI IIJaA119P 01339908 IBUJOV 6Jlnbul us Bul4ow uogtA 113u9saJd pus ldlooes slut BABSNV1dH00 edI •11ew pus eftsod 411M legal Bx1U8 PUB ? 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T N 0 7 o m m CD TJ p _ (c N O L C: m ? x v cD D U . o3 3 ?c= TI Cn m O C1 c D C) = v m 2 c CD O CD N J > j ?' ? m a n ° S ? d J 3 a - m T W mS 3 N N 0 J J O - N N 3 = Q A N U j N O ? ry O CD N N O? D HI IT (n CD. I CD I o m m ? o' . UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Rleadings(a?udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff V. ERIKA NELSON, ET AL Defendant(s) ATTORNEY FOR PLAINUFk 1LE0-q F1Ct a , PROTHONOTARY 11 -5 AM 11: 32 `"'`MPERLAND COUNTY a NNSYL',/ANIA COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 10-2237-CIVIL AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney hereby verifies that: 1. A copy of the Notice of Sheriffs Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ old Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriffs Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: (c?. UDREN LAW OFFICES, P.C. BY:__. Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 MJU#: 10030624 CASE#: 10030624-1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@,udren.com The Bank of New York Mellon f/k/a The COURT OF COMMON PLEAS Bank of New York as successor to JPMorgan € CIVIL DIVISION Chase Bank, as trustee for the benefit of the = Cumberland County Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series € MORTGAGE FORECLOSURE #2004-4 Plaintiff V. Johnnie L. Gillon € NO. 10-2237 Erika M. Nelson Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004- 4, Plaintiff in the above action, by its undersigned attorney, upon information and belief, Udren Law Offices, P.C., sets forth, as of the date the Praecipe for the Writ of Execution was filed, the following information concerning the real property located at: 318 East North Street, Carlisle, PA 17013 Name and address of Owner(s) or reputed Owner(s): Name Address Johnnie L. Gillon Erika M. Nelson 3 18 East North Street Carlisle, PA 17013 318 East North Street Carlisle, PA 17013 302 Juniper Street Carlisle, PA 17013 4824 Kenmore Avenue, Apt. 202 Alexandria, VA 22304 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 17013-3387 William Willhide 41 Willis Road, Newville, PA 17241 4. Name and address of the last recorded holder of every mortgage of record: Name Address The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 4828 Loop Central Drive Houston, TX 77081 5. Name and address of every other person who has any record lien on the property: Name Address 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 Real Estate Tax Dept. Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 318 East North Street Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my information and belief understand that false statements herein are made subject to the penalties of 18, Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: June -?Z ?, 2012 UDREN LAW OFFICES, P.C. BY: Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff v. Johnnie L. Gillon Erika M. Nelson Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2237 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Johnnie L. Gillon and Erika M. Nelson PROPERTY: 318 East North Street, Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on June 6. 2012, at 10:00am, in the Commissioners Hearing Room, 2ND Floor, Cumberland County Courthouse, Carlisle. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXH1B11, Pt t- m O (n S 0 3 W r? V V O Q c w Q? m z CD N O C) 00 0)3 N 3 ? c 1 ? n e? 0 C 3 3 cr A O 7 T w o 0 A W N O t0 co V O L" P W N -+ r 0 D w m 0- a a ?3 ^) CD CL ?d 0) Q z c Ina ?? o N w V ?0; -n nc _ 3 w-•1 ?m m? -0 pD v --v a'O zx ?0 0C 09 z Dn?*c :1X $.Z ? cg $-4 x? Z-4 -?jX (D3 80 z? 0 ?- an c z . ?O O 5; c Oz % a -< r m ?D m z= 0 o z fD (D .n C ° fn c w m m m m y °a s z r' fA ? wq a $a ?0 C Z pz co ;QZ(a O -mrl :L ;D O 0 m wC cam m C ymDOt ii CO i^ . A O - W N " N» Do -? a ?0 ? ? ?o z Y ?m a y ?m mn ? -4 o Do m cn D y C m w wD D m I D" cc ° m w 10 yy 2 Nm o ov a 3 o w wm W y 0000 ? 0 5;u C tC cp O (NpQ s I 11 • 00F? r 'lit ! T eF (D 0) I?:fe 3i z FAGE i S CS ffi 1 o_ ; 0 Q, 3 g s d ??; 3m33 8m mm ?'s5to? _ w 3? O - '•?p m? cn.Z 41 - a -a p S4??v ?$ $ ? ?? `^ - y7 CD F ?m?? 3 1 t ID ; or ? QQ :? m 3 8 ? 7 N C 0l ? 4F o ?j ? m IR m I x, aD 2-113 C ow y Q x 'R . ?. { fff m. 3. ; -- m v - ? ? 7 .93 C ?. O ?. ;1- 0 ?1 ro m (D /n 5 Q p. •? fp ,.Z1 ^.l7 _S y T fn O O to 5 .3 T (n SZ ? W ilia, EXH IBIT A W 3 Q??m m N nT, UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Pleadinzs(a udren.eom The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to € JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of' Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff ERIKA NELSON; et al Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2237-CIVIL VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter a true and correct copy of the Notice of Sale was mailed to Defendant(s), by certified mail and regular first class mail, to the last known address of'Defendant(s) as follows: DATE MAILED: May 18, 2012 Erika Nelson 302 Juniper Street 4824 Kenmore Avenue, Apartment 202 Carlisle, PA 17013 Alexandria, VA 22304 I verify that the statements made herein are true and correct and I understand that false statements made lierein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: -:44 , 2012 UDREN LAW OFFICES, P.C. BY: Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 EXH/817- ?_; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgau Chase Bank N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND Colmty -r Lri 171 M V. ERIKA NELSON; ET AL Defendant(s) NO. 10-2237-CIVIL ORDER PERMITTING SPECIAL SERVICE AND NOW, this 1S Tk day of , 2012, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sate and all subsequent pleadings on Defendant(s), ERIKA NELSON, shall be complete when Plaintiff' or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by posting the mortgage premises at: 318 East North Street, Carlisle, PA 17013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows; ERIKA NELSON ERIKA NELSON 302 JUNIPER STREET 4824 KENMORE AVENUE, APT. 202 CARLISLE, PA 17013 ALEXANDRIA, VA 22304 BY THE COURT: k C Q p EXHIBIT H O ?q 'r?' M H 00 n (D N P- P) w ?j x Q1 (D n ? P) o z V1 (D (D I- y O C ? N (D N ;.7 W ? O (D rP ` N O N -R* O OC cXi?v ? O -4 MO MT 1; =vo::? b 0 M o° Ocme D wvZ -:0 n F M M ar Ln?ul CERTIFIED HAIL RECEIPT . n .? (Domestic Provid "AM dW4& cc co S w M M° Certllied Fee / o ° ° ReWm Hecispt Fee Postmark ° ° (Er ft-neat RequhW) Here ° ° Restricted Delivery Fee Ln LA (ErWOreementR"ui W) M rn r-q ra Tote) Postage & Fees ° ° o Erika Nelson wPoebxNo. 4824 Kenmore Avenue, Apt. 202 - --------------- Alexandria, VA 22304 F -------------- Hasler a- coi t"'t a r.. n rv? 0 O ' Ul N cm N cJ' A oo ° Vl N .. w?, ?c Nip M w EXHIBIT B 3 z CA) c W 1 2 N 0 A S m 3 0 0 w tr M C1 0 L-j u-' Q' 1-' 0'- Ul w N 0 ¦ ¦ ?: °xo-?om? z CD o8E;?33. -< AC. =r m D i m = CO 9 _ m c ` m r, * --o- M 1 CD w :. 7 7 m rA l1 CD Z rD U O y .? m i O N C S 3 - o e . E 3 CD CD Dm mCL ? C) ?°. N D N G ? M Wp ? W (D o ? S-,= ag Co 0 -s mo?? c v ? m CD m N) 0 ? O N p ca O PI X D ? ? la CL to 3 w n m a (D m m =1 -. cr . S ? 10 as @? O ?n 0 $ 3 0 c .R ° m -_ f 3 O o ? ? t D ? ? Z O S a m eA m 7 m CD .Or m m m m -SOdd PUB sOdtl ei Pesso'P! llgw uo elgelleAe 10u 31 801 OW10jul IUeAllep 0199933819uJea •IUlnbul us Bul4ew uegM 111ueseJ pus idloool slgl aeeg :iNViHOd flew pus eBalsod tom legal X111a puB 4oWp'pepseu mu sl idiom HOW Pe111u83 841 uo -od s 11 'BugAu4sod j(4 eoylo isod OW le OP -gas e44 iuesad eseel tw P sl idlem lien polpeo e44 uo > oupod s 11 o jusWesiopue -AGWIec?e7Olusea. $ aeUetW.m aseeappe l eL? )Ixw pelalxisee eq Faw Ne 9P '891 I OMPPS ue ao, 'paunbe sl idleoea g!BW peWoo anoA uo alastuisod ®SdS(18 'Ale= wraw esealidnp i a01 JenlaM 081 8 wxm o•I• '„ peisenbeH id1eaed ,urged. weAmw owopu3 'se i 843 JeAO3 01 e6e190d elge0 OS PP8 Pus OPPN 841 W (48E auod Sd) idle0el wr4ou a Lpw pue eieldwoo Gas dwa XAM 1d1B08k1 WMGM uRW 00JO alo, 10 load aplnad of petsenbea eq Ka A"Ll wMaa s 0% IeuoglPPe 'IIgW peaeislBeu ao Pemsul aepWw eseeld'selciew JOj IM POWOO 4l!M a34IAOUd SI 3JVIu3Aw 3oNwnsNl OI 'stew lauogewelul 1o seep Aus ao1 elgeileAelou sl iIBW pelpe "®ilelry Ampp a itW sselO-lsalzi LMM PWICI=6 GO ONO ABW IIaW peygaa. :sjepulwou Ju vc ' sae86 OM JO1 eawGS lelsod e44 Aq ideal fjoNlep 10 paooej eoeldilew anon( aO4 ae8puepl enblun PS Forth 3800, June 2002 (Reverse) ld!em BUlllow :SBPiAOad HOW 11®1111 31 7- '1 rl -.?A. EXHIBIT B H O (-) wM Pi o K Fj N FJ- f ' Pi Fl- C-4 a rM F_: Fl- (D z K N J K ? o (D N (D w rr 14 `?rA z a _Vc T j 0 Z D0--t Cn0:E ' cf) M > ADM O M ? > ?nrv rR Postal .?.? C13 CERTIFIED MAIL, RECEIPT •?.?. m m ??. (Domestic ?-- -- ra .. Provided) U L-n Mix CO M C3 4 O CerOW Fee 0 M POMMEL ° Q (Endo tR-?"?9uired) H nc ere a o Resa?ted Dakvfy Fee Ln Ln (Erift loot Regotred) M rn rq r? Total Postage 6 Fees M ? o o 0 o Zorpo -c : ------- Erika Nelson ----------------------- C3 aaft 302 Juni per Street ?re;ziAw----- Carlisle, PA 17013 ------------------Hasler c Q42.9 C3 a Cti 0 6, 0 n N 01 3 CO) 0) N ' 4 A C) (J1 N G) 0 M 0 N I Q CM EXHIBIT B fl?I I C) ? C) m w f z j l$ m a 0 3 9 CT m C m vl N f -.! C3 C3 W ?n C3 C3 0 C3 r? Ca r0 IT I" L-i 0" W m nC)i o m N ?., 2 Z 0) D 1D _oCD I W CD ? ? a 03? ? CD N CL m n m o; v m m? m a m CL i? f 0 m w 30 ?w 0- 30 ' d, m '? 37 m pm? ? 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X ssep /due j0 11leW P86 'a118W AGuoud'Jo ®IRYY sse13-1sj!d U1lm peulgwoo eq.l NO w IleW pey 'Sispu/ s?eeR oml col aofnie ? Jui S MWod eUi Aq Ideal NaA110P 10 pJ0 eoe!dl!ew maf Jo; jeylluepl enb PS Form 3900, June 2002 (Reverse) ;diem Bullo :SBPIAOJd IIeW Pk IkNo _ J E=XHIBIT 3 C- 0 CD (n ro G) 3 = w O co v V ? TI CD Q 6 M= Cfl Z CD F O Z) O O W 0 C3) -n ? O n ? c M CD CD n 'S O M r ? w p m m a - cn A W N -+ O co co -J O cn .A W C ( ? J CD o d p .? N N N CD to CCD O m ' I ' Z < CD I C= a 3 m Q o o FD' O ? o r `D a C C C a CD N ? a) ? c) ?? c m m ' oxM P m ? S u) c 8 °o a 3 ET a - m O 00 t0 ? ? ? o1O w 0 w ? O O N N C O ? N O N m o n m l 3 0 0o c o o c co m m m - I m rn ? o n.o m ? c 3 n. w 3 m S III c 3 - O EP ? a o to C' O r a 3 ° c - via m n m I o ? ? o n N m Sm^ °-' mw 3 a 3 ?'a c m I a ? c _ J m 0 3 N d I N? o ?? 3 dya?? o d o m o, J _ -1a Q m o N J CD o c ? 3 n N C N W v D?rnC)orn X N 5F N 7C 2) 4tN. O N L Q 7, z Z = L m 0 p D " C Dm 3 =? ND C:) CD N < W o? ?D D N O ? N O ?n, CL Dv CD a 3 CL (n v ?`n a n gc 0 0 S ;o C?Z Z 2 cn n 0 3 p0 M D o cl) - o 4 w ...? n m N O O ? ? ? ? (D n m CD E] 11 016'-%26519-'j1F m ? =r m m M c ? a . 0 ' v n D I N f t1 m x (n M 0. 3 $02-300 to C W, rt ^ -?- ``" ts• Qty, ! I -_ CD (D a a P?iaiiert ? - C - rcrr; m 0 s h o F'- S? T-n`1 I' C) 2 I N J ? ? ; ? a fD j' I CC. CD 0 D 7 I <D C O d 'D a w o d n o m v 0 (n N _ Sll fn N L C ? m m o c 0 a 7 c N CD 7 to n O rn it c tD = 0 0 D Cl ofD . w aaX. m a) G°.?' ? d ? ? fD 3 N O J O ? ?. CL ?. 3 m N CD a] ID to ?• N O _S O C -l (n L" CAD Q O d j N CD N _1 N T Cl) tD CD m p i HI 1 N m UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Mellon f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff V. ERIKA NELSON; et al Defendant(s) ATTORNEY FOR :PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 10-2237-CIVIL PRAECIPE TO FILE PROOF OF SERVICE. TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: L /ia. UDREN LAW OFFICES. P.C. BY: ?`?-?--- Attorney for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 ???11?3IT ?p IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL TRIAL DIVISION The Bank of New York Mellon fWa The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A., as Trustee for the benefit of the Certif"icateholders of Popular ABS, Inc. Mortgage Pass-Through Certificates Series 2004-4 Plaintiff -t!. ERIKA NELSON; ET AL Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND County NO. 10-2237-CIVIL, ORDER PERMITTING SPECIAL, SERVICE AND NOW, this 1S1k day of /X- 1 2012, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sale and all subsequent pleadings on Defendant(s), ERIKA NELSON, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by posting the mortgage premises at: 318 East North Street, Carlisle, PA 17013 And by mailing by certified mail and regular mail to the last known address of Defendant(s) as follows: ERIKA NELSON ERIKA NELSON 302 JUNIPER STREET 4824 KENMORE AVENUE, APT. 202 CARLISLE, PA 17013 ALEXANDRIA, VA 22304 BY THE COURT: D.? lrv. ? . O.l} .d J. EXHIBIT 8 The Sank of Neo, York Mellon, et, al., Plaintiff(s) VS. Johnnie 1- Gillon, et. at., Defendant(s) i UDREN LAW OFFICES M. Kelly Large t t t Wood crest Rd., Ste. 200 Cherry Hill, NJ 08003-3620 i Service of Process by APS International, Ltd. 1-800-328-7171 APS 1NtERlWtT[Orvq? APS International Plaza 7800 Glenroy Rd. ` Minneapolis, MN 55434-3 r22 APS File 4: 116878-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on- --Erika M. Nelson, by posting Court Case No, 10-2237 State ss.- - - - - - - - - -- - - - -- - - - - - - - -- - - - - -- County oL Name of Server: C r trs-l-rari e? undersigned, being duly sworn, deposes and says that at the time of service. s/he was of legal age and was riot a parry to this action: Date/Time of Service: that on the a3r?day of Kay 20 1a.. at 4n : Sy-o'ciock P M Place of Service: at 318 East North Street . in Carlisle, PA 17013 Documents Served: the undersigned served the documents described as: Notice of Sheriff's Sale of Real Property 1v/ Order (2 copies) Service of Process ott: A true and correct copy of the aforesaid document(s) was served on: Erika M. Nelson, by posting Person Served, and Method of Service: By personally delivering them into the hands of the person to be served. By delivering them into the hands of . a person of suitable age, who verified, or Who upon questioning stated, that heishe resides with Erika M. Nelson, by posting at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex _; Skin Color. : Hair Color Facial Hair Approx. Age Approx. Height Approx. Weight ? To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury bscr' d?d sworn to before me th, that the oregoing is true correct. (,y of ^ Signature of Server r--- APS International, Ltd. „?"-"'Y?NVEALTH 7 OF PENNSYLV4W. Natnis7 Deaf ? ?'t'cnal!fl Guyton. Nota Carn3le corn Cum rY Pubfic My Cornrtu?gr Ex 6erland County !U?••w 7 oonnp? ,mss DnBS duly 1. 2012 Aeeotlebon ofd EXHIBIT B ??IRno? SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor The Bank of New York Mellon Trust Company Case Number vs. Johnnie L Gillon (et al.) 2010-2237 SHERIFF'S RETURN OF SERVICE 03/19/2012 03:21 PM - Deputy Shawn Gutshall, 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 318 East North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/19/2012 03:35 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Johnnie L Gillon at 302 Juniper Street, Carlisle, PA 17013. The Defendant was found to have moved. 03/19/2012 03:35 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Erika M. Nelson at 302 Juniper Street, Carlisle, PA 17013. The Defendant was found to have moved. 03/28/2012 11:26 AM - Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Erika M. Nelson, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 318 East North Street, Carlisle, PA 17013, defendant does not reside at address provided, current resident Sarah Bass has resided there for 3 years. 03/28/2012 11:26 AM - Deputy Gerald Worthington, 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 Sara Bass - girlfriend, who accepted as "Adult Person in Charge" for Johnnie L Gillon at 318 East North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. SHERIFF COST: $921.20 SO ANSWERS, April 02, 2012 RON R ANDERSON, SHERIFF EXHIBIT B T SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson ~' l~..I<~'~*~ °(;;. Sheriff ~~ ~'s~'~ i ~~~' ~~~~~i ~, ~' ~, . Jody S Smith ~-` ~ ~ d~ ~ ~e ~~ ~~~ 2s ~~ ~: r_~ c ` .mot Chief Deputy Richard W Stewart ~~i'~~kc~~.AhJ ~~~?~~`'~ solicitor ~~.,:~_ ~'~~~SY~.VAN1~ The Bank of New York Mellon Trust Company Case Numben vs. Johnnie L Gillon (et al.) 2010-2237 SHERIFF'S RETURN OF SERVICE 03/19/2012 03:21 PM -Deputy Shawn Gutshall, 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 actiom, upon the property located at 318 East North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland'.. County. 03/19/2012 03:35 PM -Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Johnnie L Gillon at 302 Juniper Street, Carlisle, PA 17013. The Defendant was found to have moved. 03/19/2012 03:35 PM -Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Erika M. Nelson at 302 Juniper Street, Carlisle, PA 17013. The Defendant was found to have moved 03/28/2012 11:26 AM -Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Erika M. Nelson, but was unable to locate tNe Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in tjhe above titled action, as "Not Found" at 318 East North Street, Carlisle, PA 17013, defendant does not reside at address provided, current resident Sarah Bass has resided there for 3 years. 03/28/2012 11:26 AM -Deputy Gerald Worthington, 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 Sara Bass - girlfriend, who accepted as "Adult Person in Charge" for Johnnie L Gillon at 318 East North Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 05/18/2012 As directed by Mark J Udren, Attorney for the Plaintiff, Sheriffs Sale Continued to 7/11/2012 07!11/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice hjad been given according to law, he exposed the within described premises at public venue or outcry at thQ Cumberland County Courthouse, 1 Courthouse Square, Carlisle ,Cumberland County, on July 11, 201;2 at 10:00 a.m.. He sold the same for the sum of $1.00 to Attorney Mark J. Udren, on behalf of -fhe Bank of New York Mellon, et. al., being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $909.25 August 24, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF :~ ~, - /~=Lam'-~~. ,~ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon :COURT OF COMMON PLEAS f/kja The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the ;MORTGAGE FORECLOSURE Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff v. Johnnie L. Gillon NO. 10-2237 Eri}:a M, Nelson Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 AND RULE 76 The Bank of New York Mellon f!k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass ^'hrough Certificates Series #2004-4, Plaintiff in the above action, by its undersigned. attorney, upon information and belief, Udre~:~ Law, Offices, P.C. , sets forth, as of the date the Praecipe for 'she Writ of Execution was filed, the following information concerning the reap property located at: 318 East North Street, Carlisle, P'A _701 _. Name and address of Owner(s) or reputed Owner(s): Name Address Johnnie L. Gilior: Erir.a M . Neisor. 318 East North Street Carlisle, PA 17013 318 East Norm Street Carlisle, PA 17013 ~. Name and address of Defendant(s) in. tn.e judgment: Name Address SAME AS #~- ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Cumberland County Adult 1 Courthouse Square Probation Carlisle, PA 1701.3-3387 r 4. Name and address of record: Name Address The Bank of New York Mellon 4828 Loop Central Drive f/k/a The Bank of New York Houston, TX 77081 as successor to JPMorgan Chase Bank, as trustee for the benefit of the Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 5. Name and address of every other person who has any record lien on the property: Name Address 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 Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 28123D Harrisburg, PA 17128-1230 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: Iv'ame Addre s s Tenants/Occupants 318 East North Street Carlisle, PA 17013 I verify that the statements made in this affidavit are ~ru~=_ and correct to she best of my information and belief. I understand that false statements herein are made subject to the penalties o 18 Pa.C.S. sec. 4904 relating to unsworn falsificatior.~ tc authorities. DATE : February 2~, 2 012 of the last recorded holder of every mortgage UDREN LAW OFFICES , P . C . BY -'"mil Attorneys for Plaintiff KASSIA FIALKOFF, ESQUIRE PA ID 310530 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon :COURT OF COMMON PLEAS f/k,/a The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the :MORTGAGE FORECLOSURE Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 UDREN~LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF Plaintiff v Johnnie L. Gillon Erika M. Nelson Defendant(s) NO. 10-2237 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Johnnie L. Gillon 318 East North Street Carlisle, PA 17013 Your house (real estate) at 318 East North Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June E, 2012, at 10:OOam in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA to enforce the court judgment of $125,765.55, obtained by Plaintiff above (the mortgagee) against, you. If the sale is postponed, the property will be z-elist~~d for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOL' MAY BE ABLE TC PREVENT THIS SHERIFF'S SALE Tc prevent this Sheriff's Sale, you must take immediate action: .~. The sale wil_ be cancelled if you pav to the mortgagee the baci_ oavment, late c:~arges, costs and reasonable attorne~.-'s fees. ,c :end out now mucr: you must pay, you may call: (856` 669-5400. ... You may be able to stop the sale bv_ fili.ng a petition asking the Court tc ~~rike or open tine judgment, if the judgment was improperl•< entered. Y'ou may a~isc ask the Court to postpone the sale for good cause. ~. You may alsc be able to stop the sale through other legal proceedings. Y'ou 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 om page two or_ how to obtain an attornev.) __ __ _ YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. ~. 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 856-6E~9- 54D0. ?. 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 856-669-5400. 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 amoun'~ 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 schedule of distribution of the money bid for your :House will be filed by the Sheriff within 30 days after the sale. This schedule will state whc 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 (101 days after Schedule of Distribution is filed. ,. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE P. LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Associatior_ 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association Liberty Avenue Carlisle, PA 17013 717-249-3166 SOG-99D-9108 ___ _ _ _ _ _.___ T UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com The Bank of New York Mellon :COURT OF COMMON PLEAS f/kja The Bank of New York as :CIVIL DIVISION successor to JPMorgan Chase :Cumberland County Bank, as trustee for the benefit of the :MORTGAGE FORECLOSURE Certificateholders of Popular ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 Plaintiff v. Johnnie L. Gillon €NO. 10-2237 Eri}La M. Nelson Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Erika M. Nelson 318 East North Street Carlisle, PA 17013 Your house (real estate) at 318 East North Street, Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 6, 2012, at lO:OCam. in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA to enforce the court judgmen~ of $~.._2~,76~.~5, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MP.Y BE ABLE TO PREVENT THIS SHERIFF'S SALE To ~reverr this Sheriff's Sale, you must take immediate action: Tf1E Saie Wi_.! be Canceled 1'_' VOti. pat' t0 trle mOrtQdQPe th°_ .oaC}: DaVTTIeZit ~at~ CriargeS, COStS and reaSOnable attorne~''S fees. 70 f~nC OUt hOw mucr you must pay, you may call: (856-669-5400. ~. You may be able to stop the sale by filinc a petition as~:ing the Court to strike o_- open the judgment, if the judgment was improperl~:~ entered. You may also ask the Court tc postpone the sale for good cause. _. You may aisa be able to stop the sale througr. other legal proceedings. You may need an attorney to assert your rights. The sooner }~ou contact. one, the more chance you will have of stopping the sale. ;See notice qn 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 TARE PLACE. i. 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 856-669- 5400. t ... 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 mar call 856-669-5400. 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. i 5. You have the right to remain in the property until the ful.~ amount due is paid to the Sheriff and the Sheriff Gives a deed t:o the buyer. At thal~ time, the buyer may bring legal proceedings to evict you.. j 6. You may be entitled to a share of the money which was paid :tor your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule wi:il state who wi_.~1 be receiving that mone}%. The money will be paid out in accordance with this schedule unless exceptior_s (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10' days after Schedule of Distribution is filed. ,. Y"ou may also have other rights and defenses, or ways of ge:.ting your home bac'r., 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. LAWYER REFERRAL SERVICE Cumberland County Bar Associa~ior_ 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCiDADOS Cumberland County Bar Association 2 Libert~~ Avenue Carlisle, PA 17C13 71?-249-x166 SOC-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 10-2237 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON F/K/A THE BANK OF NEW YORK AS SUCCESSOR TO JPMORGAN CHASE BANK, AS TRUSTEE FOR THE BENEFIT OF THE CERTIFICATEHOLDERS OF POPULAR ABS, INC. MORTGAGE/PASS THROUGH CERTIFICATES SERIES #2004-4 Plaintiff (s) From JOHNNIE L. GILLON, ERIKA M. NELSON (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: $125,765.55 L.L.: Interest from 6/3/10 to Date of Sale June 6, 2012 on going per diem of $20.21 to actual date of sale including if sale is held at a later date - $14,854.35 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1,047.69 Other Costs: Plaintiff Paid: Date: 2/29/12 ~ ~`~J~-~-' "_'J David D. Buell, Prothonotar ,--~- (Seal) Deputy REQUESTING PARTY: Name: KASSIA FIALKOFF, ESQUIRE Address: UDREN LAW OFFICES, P.C. 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 310530 TRUE COPY FROM RECD In Testimony whereof, !here unto set r and the seal of said Court at Carlisle, I This day of 1 ~ ,~ , 20 ~ r~. ~. hand On March 15, 2012 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA, known and numbered 318 East North Street, Carlisle, PA 17013 more fully described on Exhibit "A"filed with this writ and by this reference incorporated herein. Date: March 15, 2012 For Claudia Brewbaker,~Real Estate Coordinator T l CUMBERLAND LAW JOURNAL Writ No. 2010-2237 Civil Term recorded 06/ 17/2004 in Deed Book 263 Page 3027. The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, as trustee for the Benefit of the Certificateholders of Populaz ABS, Inc. Mortgage/Pass Through Certificates Series #2004-4 vs. Johnnie L. Gillon, Erika M. Nelson Atty.: Marc Udren ALL THAT CERTAIN tract of ground situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded and described as follows: ON THE NORTH by East North Street; on the east by property now or formerly of Bryon H. Kitch; on the south by a sixteen (16) foot alley; and on the west by property now or formerly of Harry B. Ruhlandwife; containing eighteen feet six inches (18' 6") more or less, in front on East North Street and extending in depth at an even width one hundred twenty (120) feet, more or less, to said alley on the south; the eastern boundary line being the center of the division wall between the house erected on this lot of ground and the house on the lot of ground adjoining on the east. THE ABOVE DESCRIBED tract of land has thereon erected the western half of a double three-story pressed brick dwelling house known as 318 East North Street. BEING KNOWN AS: 318 East North Street, Carlisle, PA 17013. PROPERTY ID NO.: 02-21-0318- 139. TITLE TO SAID PREMISES is vested in Johnnie L. Gillon, a single man and Erka M. Nelson, a single woman, as joint tenants with the right of survivorship, not as tenants in common by Deed from Roger J. Persik and Cazolyn A. Persik, hus- band and wife dated 06/10/2004 58 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 27, May 4, and May 11, 2012 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. ' ~ ~. i a Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 11 da of Ma 2012 f Notary ~ NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot-News Co. 2020 Tec'hriology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE ~be~latriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws df the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and $he Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and Sltate aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 1 i~th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in (heir regular daily and/or Sunday! Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this Statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted sevlerally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recorditlg of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown belaw: satasx~r caM Turn 04/27/12 Rani[ at 11~iclFpek-MNbn !k/a Ths Boric d tires thwic as ___,, 05/04/12 suct~ssor to JPMo~a~f Chase ~ -" ~~ ~ ~.1he ~ 05/11/12 BMwllt ai the '- ABS, Htc. Moftyap~/'ass ... .4-~.~.. _ ,/~ :-..~ ~'~ Through ~Ies f ~~ .,,- ~~ , z) ~ eaillNon Sworn to apd'sub cribed befor me #his 22 day ay, 2012 A. D. Eh'Nua' M. Ml~bn ~ ; _ ._ a ~ ~ar+c tin .~\ ~ ~~ All That Certain'Itact OI Ground Situate . -- I In The Borough Of Carlisle, County Of Notary Public ~mberland And State Of Pennsylvania, I Bounded And Described As Follows: 3 On The North By East North Street; On I East By property Nov c)r Formerly COMMONWEALTH OF PENNSYLVANIA Bry°° A' Krtd~' On The South By A ' Notarial Seal S' n (16) Foot Alley; And On The West Now Ot Formerly OlHarryB Sherrie L. Owens, Notary Public R andwile; Contai~gEighteen Feet Six Lower Paxton ?'esp., Dauphin County Inches (IS' 6")More Oi• Less, In Front On My Commission Ex Ires NGv. 26 2015 East North Street And Extending III Depth MEMESER, PENNSYLVANIA A550C7ATION 0~ NO7APSES At An Even Width One Hundred lbrenty (120) Feet, More Ot Le~,1b Said Alley On The SatO->'I'hG Easli9rtt Boundary i.ine COMMONWEALTH OF PENNSYLVANIA COUNTY OF CiJMBERLAND } 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 Popular ABS Inc, Tr is the grantee the same having been sold to said grantee on the 1 lth day of July A.D., 2012, under and by virtue of a writ Execution issued on the 2 th day of February, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2 10 Number 2237, at the suit of Popular ABS Inc, Tr against Johnnie L Gillon & Erika M Nelson is dul,~ recorded as Instrument Number 201226380. IN TESTIMONY WHEREOF, I have hereunto set my± hand and seal of said office this _ ,~ C~ __ dary of .tom - , A.D. c~ ~ ~, /1 ' ,, ~, >~ / Recorder of M