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Home My WebLink About10-2831 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, Vs. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. TO DEFENDANTS You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF ATTORNEY FOR PLAINTIFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 3415 Vision Drive Columbus, OH 43219 CIVIL DIVISION NO.. 10 - a63I a W 't I Term n TYPE OF PLEADING r T? CIVIL ACTION-COMPLAINT , r`J IN MORTGAGE FORECLOS RE ;- ? FILED ON BEHALF OF PLAII FF-'P, rv -? Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: stine M. Anthou, Esquire Pa. I.D. #77991 AND THE DEFENDANTS IS: 216 North Enola Drive Enola, PA 17025 Gk, ATTORNEY FOR PLAINTIF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 216 North Enola Drive East Pennsboro TwW (CITY, BORO, TOWN(SHIP) ATT(5RNEY FOR PLAINTIFF Brian M. Kile, Esquire Pa. I.D. #89240 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 PS $9x.00 Pa A" Gc.? las5sy otaw IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, vs. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: vs. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, which has its principal place of business at 3415 Vision Drive, Columbus, Ohio 43219 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendants, Scott D. Peoples and Phillip D. Peoples, are individuals whose last known address is 216 North Enola Drive, Enola, PA 17025. 3. On or about May 29, 2008, Defendants executed a Note in favor of First Horizon Home Loans, A Division of First Tennessee Bank N.A. ("First Horizon") in the original principal amount of $115,586.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about May 29, 2008, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Mortgage Electronic Registration Systems, Inc. ("MERS), as Nominee for First Horizon, a Mortgage in the original principal amount of $115,586.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on June 3, 2008 at Instrument Number 200818240. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof. 5. "MERS" as Nominee for First Horizon assigned all of its right, title and interest in and to aforesaid Mortgage to Plaintiff pursuant to a certain Assignment of Mortgage, recorded in the Office of the Recorder of Deeds of Cumberland County on April 19, 2010 at Instrument Number 201009783. A true and correct copy of said Assignment of Mortgage is marked Exhibit "C" attached hereto and made a part hereof. 6. Defendants are the record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendants are due for the January 1, 2010 payment. 8. On or about March 1, 2010, Defendants were mailed combined Act 91 and Act 6 Notices, via certified mail, return receipt requested, and by first-class mail, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P. S. 101, et seq. 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 113,424.32 Interest to 4/8/10 $ 2,835.60 Late Charges to 4/8/10 $ 447.71 Escrow Deficiency to 4/8/10 $ 0.00 Corporate Advances $ 120.59 Attorneys' Fees $ 1,300.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $ 120,628.22 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $120,628.22 with interest thereon at the rate of $18.29 per diem from April 9, 2010, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. BY: A- L--- Kristine M. Anthou, Esquire Brian M. Kile, Esquire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281 7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" 0063845374 NOTE FHA Case No. Multistate 441-8341297-703 May 29th, 2008 [Date] 216 NORTH ENOLA DRIVE, ENOLA, Pennsylvania 17025 (Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of ONE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED EIGHTY SIX & 00/100 Dollars (U.S. S 115, 586.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of six percent ( 6.000 %) per year until the full amount of principal has been paid. 3. PROMISE TO PAY SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNER OF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on July lot , 2008 . Any principal and interest remaining on the first day of June , 2038 , will be due on that date, which is called the "Maturity Date." (B) Place Payment shall be made at PO BOX 809, MEMPHIS, TN 38101 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 693-00 This amount will be pan of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend _andsupplement the co%! nants?of this Note as if the allonge were a part of this Note. [Check applicable box] ?Graduated Payment Allonge ?Growing Equity Allonge ?0ther [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that Borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment unless Lender agrees in writing to those changes. FHA Multistate Fixed Rate Note • 10195 f? • 1 R (0210).01 VMP Mortgage Solutions (8o0)521.7291 Page I of 2 Inltlals: Ar- /W 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent( 4.00 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the rights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. COTT P8 PL S (sue') -Borrower e (Seal) PXILLI D PEOPLES -Borrower 0063845374 ck-1 R to21 ot.01 _ (Seal) -Borrower _ (Seal) -Borrower Page 2 of 2 - (Seal) -Borrower _ (Seal) -Borrower - (Seal) Borrower (Seal) -Borrower EXHIBIT "B" a??r Prepared By: FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. 4076 MARKET STREET CAMP HILL, PA 17011 Return To: FHHL - POST CLOSING MAIL ROOM 1555 W WALNUT HILL LN #200 MC 6712 IRVING, TX 75038 Parcel Number: County: 69- 14 -- 6F,32-- o4/ Citys Premises: 216 NORTH ENOLA DRIVE ENOLA, Pennsylvania 17025 Space Above This Line For Recording Data! Commonwealth of Pennsylvania F11A Case No. PURCHASE MONEY MORTGAGE 441-8341297-703 MIN 100085200638453748 THIS MORTGAGE ("Security Instrument") is given on May 29, 2008 The Mortgagor is SCOTT D PEOPLES PHILLIP D PEOPLES ("Borrower"). This Security Instrument is given to Mortgage Electronic Registration Systems, Inc. ("MERS"), (solely as nominee for Lender, as hereinafter defined, and Lender's successors and assigns), as mortgagee. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. FIRST HORIZON HOME LOANS, A DIVISION OF FIRST TENNESSEE BANK N.A. ("Lender") is organized and existing under the laws of THE UNITED STATES OF AMERICA , and has anaddress of 4000 HORIZON WAY, IRVING, TEXAS 75063 0063845374 FHA Pennsylvania Mortgage with MERS - 41% Wolters Kluwer Financial Services Page e I of 4 oIPA? (o7oe).oi Amen HE 1111111111111 Borrower owes bender the principal sum of ONE HUNDRED FIFTEEN THOUSAND FIVE HUNDRED EIGHTY SIX & 00/100 Dollars (U.S. $ 115, 586.00 ). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on JUNE 1, 2038 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in Cumberland ??nt Tn avsttta:or parcel of land as shown on Schedule "A" attached hereto which is incorporated herein and made a part hereof. which has the address of 216 NORTH ENOLA DRIVE [Street] ENOLA [City], Pennsylvania 17 025 [Zip Code] ("Property Address"); TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument; but, if necessary to comply with law or custom, MERS, (as nominee for Lender and Lender's successors and assigns), has the right to exercise any or all of those interests. including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing or canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. 0063845374 Q>V/ I"Itials'"V/? V M P ®-4N(PA) (0706).01 Pape 2 01 10 z; Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items" and the sums paid to Lender are called "Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 er seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: Ejul, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and 5A, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintaiped in In itialsVMP®-4N(PA) to7oet.oi Page 3 or 10 the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. S. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument (or within sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cadre undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments, which are referred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. l? Initials: ?DIa VMP®-4N(PA) toioet.of Page 4 of 10 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. ` 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full of all sums secured by this Security Instrument if. (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garr-St. Germain Depository Institutions Act of 1982, 12 U.S.C. 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. InlllaTa/?%? - VMPO-4N(PA) (0708).01 Pape Sol 10 (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not insured. Borrower agrees that if this Security Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly associated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately ?. preceding the commencement of a current foreclosure proceeding, (u) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the lien created by this Security Instrument. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute. the `Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey ihat Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. Initials; VMP®-4N(PA) p7uspi Page 6 01 10 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence. use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower leams, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive all rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower. (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all of the rents of the Property; and (c) each Initials: VMP®-4N(PA) (0708).01 Paso 7 of 10 tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("Act") (12 U.S.C. 3751 et seq.) by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 21. Reinstatement Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 23. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. 0 Condominium Rider Growing Equity Rider Other [specify] 0 Planned Unit Development Rider 0 Graduated Payment Rider Lywox. A ?Vw 0063845374 fnffiafs: VM1384N(PA) (0708).01 Paps a of 10 This is a contract under seal and may be enforced under 42 PA. C.S. Section 5529(b). BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. _7X (Sep) PHILLI D PHOPLB -Borrower - (Seal) -Borrower - (Seal) Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) ($eal} -Borrower - -- - -Borrower 0063845374 VMP®-4N(PA) (vos?.oi Pape 9 of 10 (Seal) SCOTT D PHO LB Borrower COMMONWEALTH OF PE??VANIA, CUMBERLAND County ss• On this, C ?? day of , before me, the undersigned officer, personally appeared SCOTT D PEOPLES PHILLIP D PEOPLES known to me (or satisfactorily proven) to be the person(s) whose name(s) 4s/are subscribed to the within instrument and acknowledged that be/aWthey executed the same for the purposes herein con IN WITNESS WHEREOF, I hereunto set my han d official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA /_---? 4 tary PWic Title of Officer and County May 20, 2Dt0 =:ay2D,21010 Member. Pennsylvania Assodefion of Notaries .1'' Certifica a of Res idence , I, , do hereby certify that the correct addressof the within-namn ed Moagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this day of r)t ?r 20^0 ,1,40.- 0063845374 Initials: VMP®-4N(PA) (070e).oi Pape 10 or 10 Exhibit A ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the eastern line of North Enola Drive, formerly called Altoona Avenue, one hundred ninety (190) feet north of the northwest extremity of the arc or curve connecting the northern line of Dauphin Street with the eastern line of North Enola Drive; thence along the eastern line of North Enola Drive north ten 910) degrees twenty (20) minutes west fifty (50) feet to a point; thence north seventy-nine (79) degrees forty (40) minutes east one hundred fifty (150) feet to a point; thence south ten (10) degrees twenty (20) minutes east fifty (50) feet to a point and thence south seventy-nine (79) degrees forty (40) minutes west, through the center of the partition wall dividing properties known as No. 214 and No. 216 North Enola Drive and beyond one hundred fifty (150) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 216 North Enola Drive, Enola, Pennsylvania. ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200818240 Recorded On 6/3/2008 At 8:14:17 AM * Total Pages - 12 * Instrument Type - MORTGAGE Invoice Number - 22099 User ID - AF * Mortgagor - PEOPLES, PHILLIP D * Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC * Customer - SELECT LAND * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $25.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA v r, a f"a RECORDER O /DPEODS *mo • - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. OOORY7 III IVIIII11IY11Im11tl EXHIBIT "C" CHF Loan No.: 1955479550 Prepared By: Grenen & Birsic, P.C. One Gateway Center, 9"' Floor Pittsburgh, PA 15222 Return To: Grenen & Birsic, P.C. One Gateway Center, 9v' Floor Pittsburgh, PA 15222 Parcel #: 09-14-0832-041 ASSIGNMENT OF MORTGAGE From Scott D. Peoples and Phillip D. Peoples, Mortgagors To Mortgage Electronic Registration Systems, Inc. as Nominee for First Horizon Home Loans, A Division of First Tennessee Bank N.A., EIIIIIIIIIIIIII 000087 Mortgage Dated: May 29, 2008 Mortgage Recorded: June 3, 2008 Instrument Number 200818240 in the Recorder's Office of Cumberland County, Pennsylvania. Mortgagee Amount: $115,586.00 For value received and intending to be legally bound ereby-, Mortgage Electronic Registration Systems, Inc. ("Assignor") does hereby this 1? day of K(! , 2010, grant, sell, assign, transfer, set over and deliver unto Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation ("Assignee"), its successors and assigns, all right, title and interest of Assignor in and to the above-referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances as stated in the Mortgage and all of the right, title and interest of Assignor in the premises described in the Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be secured by the Mortgage Assignor, its successors and assigns, is making this Assignment of Mortgage without any recourse, representation or warranties. In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal, with authority therefore, the day and year first above written. ATTEST: Mortgage Electronic Registration Systems, Inc. ? c By: Kris - e M.CAnthou Certifying Officer Property Address: 2i-6rEmrla?rive, -PA-t7025 East ppennsboro Township 216 North Enola Drive, Enola, PA 17025 i . STATE OF PENNSYLVANIA ) ss: COUNTY OF ALLEGHENY ) On this, the day of , 2010, before me, the undersigned officer, personally appeared Kristine M. Anthou, who acknowledged herself to be the Certifying Officer of Mortgage Electronic Registration Systems, Inc., and that she, being authorized to do so, executed the foregoing Assignment of Mortgage for the purposes therein contained by signing the name of the corporation by herself as Certifying Officer. It Witness Whereof, I hereunto set my hand and official seal. ,ENN3YLVANIA NoErla said \ filly of RIlta4Wg11, IgsepNr Am 2, 2011 Notary Public Notaries W~, PQnn$yN" A0000M Or Certificate of Residence I, Kari L. Skovira, do certify that the Assignee's precise address is 3415 Vision Drive, Columbus, Ohio 43219. Commonwealth of Pennsylvania County of Cumberland ss: Recorded on this day of A.D. 2010, in the Recorder's Office of the said County, at Mortgage Book Volume Page Give under my hand and the seal of the said office the day and year aforesaid. WITNESS: By: Recorder ? J • r ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201009783 Recorded On 4/19/2010 At 1:17:52 PM * Instrument Type - ASSIGNMENT OF MORTGAGE Invoice Number - 64118 User ID - KW * Mortgagor - PEOPLES, SCOTT D * Mortgagee - CHASE HOME FINANCE LLC * Customer - GRENEN & BIRSIC * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 TOTAL PAID $50.50 * Total Pages - 3 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA IRS r ° RECORDER O D EDS ??ao * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. ' I11111111111111111111111111111111 VERIFICATION Whitney K. Cook , Assistant Secretary, and duly authorized representative of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation deposes and says, subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities, that the facts set forth in the foregoing Complaint are true and correct to his/her knowledge, information and belief. CHASE HOME FINANCE LLC, s/b/m/t Chase !4*attan Mortgage Corporation , Assistant SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ~att»~;, o{ "t:i~uUt~fifTrt4 ~~ ~~K)NQ~/II~y 2~lO MAC 12 AH & 48 CAJI~-O t~t.~4~~A1~~4 Chase Home Finance LLC vs. Scott D. Peoples (et al.) Case Number 2010-2831 SHERIFF'S RETURN OF SERVICE 05/03/2010 05:23 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 3, 2010 at 1715 hours, he served a true copy of the within Complaint in Mortgage Fore losure, upon the within named defendant, to wit: Scott D. Peoples, by making known unto himself p r onally, at 216 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025 its conten~ ~i at a same time handing to him personally the said true and correct copy of the same. // r SHl~(WN HARRISON, DEPUTY 05/07/2010 03:57 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May 7, 2010 at 1551 hours, he served a true copy of the within Complaint in Mortgage For osure, upon the within named defendant, to wit: Phillip D. Peoples, by making known unto i self er onally, at 427 A Street, Carlisle, Cumberland County, Pennsylvania 17013 its contents a the am time handing to him personally the said true and correct copy of the same. SFYB(WN HARRI~QN, DEPUTY SHERIFF COST: $62.90 May 10, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF s C~ur•.tySuite ~her~fC Te~ocs:;ft, Inc. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION t7 PRAECIPE FOR WRIT OF EXECUTION rr F n Caption: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation VS. Scott D. Peoples and Phillip D. Peoples TO THE PROTHONOTARY OF SAID COURT: r- ' f ( } Confessed Judgment (X ) Other (Default Judgment) File No. 10-2831 Civil Term Amount Due $123,834.44 `Interest $ 2,246.94 (8/26/10 to sale) Atty's Comm Costs r w, a :) c' `n The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of CUMBERLAND County, for debt, interest and costs, upon the following described property of the defendant(s) 216 North Enola Drive Enola PA 17025 (Please see attached legal description) PRAECIPE FOR ATTACHMENT EXECUTION Issue Writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). ? (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date u 614. OOPO ATT f La.Ra 09F Qa.oo « a. so M Iq5 4o - ?4 ATr4a.00 4u?L'o •50 u, Signature: /? Print Name: Kristine M. Anthou Address: One Gatewav Center, 9"' Floor Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: 77991 (over) e* ?a9iss RZ (.t7H+ IMAkid IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, vs. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term LONG FORM DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the eastern line of North Enola Drive, formerly called Altoona Avenue, one hundred ninety (190) feet north of the northwest extremity of the arc or curve connecting the northern line of Dauphin Street with the eastern line of North Enola Drive; thence along the eastern line of North Enola Drive north ten (10) degrees twenty (20) minutes west fifty (50) feet to a point; thence north seventy-nine (79) degrees forty (40) minutes east one hundred fifty (150) feet to a point; thence south ten (10) degrees twenty (20) minutes east fifty (50) feet to a point and thence south seventy-nine (79) degrees forty (40) minutes west, through the center of the partition wall dividing properties known as No. 214 and No. 216 North Enola Drive and beyond one hundred fifty (150) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 216 North Enola Drive, Enola, Pennsylvania. BEING the same premises which Robert E. Melby and Mary C. Melby, husband and wife, by Deed dated May 29, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 3, 2008, at Instrument Number 200818239, granted and conveyed unto Scott D. Peoples and Phillip D. Peoples. GRENEN & BIRSIC, P.C. By: Kristine Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Parcel No. 09-14-0832-041 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2831 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From SCOTT D. PEOPLES and PHILLIP D. PEOPLES (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 $123,834.44 Interest from 8/26/10 to sale -- $2,246.94 L. L.$.50 Atty's Comm % Atty Paid $195.40 Plaintiff Paid Date: 9/8/10 (Seal) REQUESTING PARTY: Name: KRSTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC Due Prothy $2.00 Other Costs "li David uell, Proth ary By: Deputy ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) m? z tC Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Scott D. Peoples and Phillip D. Peoples located at 216 North Enola Drive, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT D. PEOPLES AND PHILLIP D. PEOPLES OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 216 NORTH ENOLA DRIVE, ENOLA, PA 17025. INSTRUMENT NUMBER 200818239. PARCEL #09-14-0832-041. 1. The name and address of the owners or reputed owners: Scott D. Peoples 216 North Enola Drive Enola, PA 17025 r V Phillip D. Peoples 427 A Street Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Scott D. Peoples 216 North Enola Drive Enola, PA 17025 Phillip D. Peoples 427 A Street Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC, s/b/m/t Chase [PLAINTIFF] Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t Chase [PLAINTIFF] Manhattan Mortgage Corporation 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kris ' e M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS &r DAY OF 2010. --& Notary Public Comm ONWEAL OF PENNSYLVANIA Notarial Seal Elizabeth M. c goon, Notary Public City of Pittsburgh, Ali VWY County My Commission f?cASSo an. 6, 2012 Member. Pennsvivania Associati on of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) _t C_.J "'?1J Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owners of the property located at 216 North Enola Drive, Enola, PA 17025 are Defendants, Scott D. Peoples and Phillip D. Peoples, who resides at 216 North Enola Drive, Enola, PA 17025 and 427 A Street, Carlisle, PA 17013, respectively, to the best of her information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE 11A1 th ME THIS 5f DAY OF 2010. Notary Public COMMONWEALTH OF PENNSYLVANIA NOW&I Sell Elizabeth M. Cagrron, Notary Public City of Pittsburgh, Allegheny County my Commission tyres Jan. 6, 2912 Member. PennsOyanla Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term to AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974,41 P.S.101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA } )SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kristine M. Anthou, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on March 1, 2010, Defendants were mailed a combined Act 91 and Act 6 Notice, via certified mail, return receipt requested, and by first class mail, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P.S. §101, et seq. SWORN TO AND SUBSCRIBED BEFORE ME THIS SdDAY OF 2010. LA, ff) a Notary Public COMMONWEALTH OF PENNSYLVANIA Note" Seal Elizabeth M. Cagnon, Notary Public City of Pittsburgh, Allegheny County My CommissW Expires ]an. 6, 2012 Member. Pennsvlvania Assodation of NOM MO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION NO.: 10-2831 Civil Term Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Scott D. Peoples 216 North Enola Drive Enola, PA 17025 e TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on December 8, 2010, at 10:00 A.M., the following described real estate, of which Scott D. Peoples and Phillip D. Peoples are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT D. PEOPLES AND PHILLIP D. PEOPLES OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 216 NORTH ENOLA DRIVE, ENOLA, PA 17025. INSTRUMENT NUMBER 200818239. PARCEL #09-14-0832-041. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, slblmlt Chase Manhattan Mortgage Corporation, Plaintiff, vs. Scott D. Peoples and Phillip D. Peoples, Defendants, at Execution Number 10-2831 Civil Term in the amount of $126,081.38. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. Bye Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term LONG FORM DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the eastern line of North Enola Drive, formerly called Altoona Avenue, one hundred ninety (190) feet north of the northwest extremity of the arc or curve connecting the northern line of Dauphin Street with the eastern line of North Enola Drive; thence along the eastern line of North Enola Drive north ten (10) degrees twenty (20) minutes west fifty (50) feet to a point; thence north seventy-nine (79) degrees forty (40) minutes east one hundred fifty (150) feet to a point; thence south ten (10) degrees twenty (20) minutes east fifty (50) feet to a point and thence south seventy-nine (79) degrees forty (40) minutes west, through the center of the partition wall dividing properties known as No. 214 and No. 216 North Enola Drive and beyond one hundred fifty (150) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 216 North Enola Drive, Enola, Pennsylvania. BEING the same premises which Robert E. Melby and Mary C. Melby, husband and wife, by Deed dated May 29, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 3, 2008, at Instrument Number 200818239, granted and conveyed unto Scott D. Peoples and Phillip D. Peoples. GRENEN & BIRSIC, P.C. By: Kristine A Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Parcel No. 09-14-0832-041 (412) 281-7650 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff r?cts?jv et t it"rtfirrfd OF THE FILED-OFFICE 2310 0!^ -6 AM 6: n5 Jody S Smith Chief Deputy Richard W Stewart Solicitor Chase Home Finance LLC vs. Scott D. Peoples (et al.) Case Number 2010-2831 SHERIFF'S RETURN OF SERVICE 10/14/2010 05:59 PM - Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1759 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott D. & Phillip D. Peoples, located at, 21E North Enola Drive, Enola, Cumberland County, Pennsylvania according to law. 10/14/2010 05:59 PM - Deputy Amanda Cobaugh, being duly sworn according to law, served the requested Notice of Sheriffs Levy, Sale and Posting of Schedule of Distribution and Plaintiffs Notice of Sheriffs Sale and Debtor's Rights by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Scott D. Peoples at 216 North Enola Drive, East Pennsboro Township, Enola, PA 17025. Copy of the Plaintiffs Notice attached to and made part of the within record. 10/1412010 Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 175E hours, she served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Scott D. Peoples, by making known unto, Scott D. Peoples, personally, at, 216 North Enola Drive, Enola, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 10/14/2010 Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10-14-10 at 1744 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: Phillip D. Peoples, by making known unto, Phillip D. Peoples, personally, at, 427 A 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. 12/02/2010 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney Kristine Anthou on 12/2/10. SHERIFF COST: $732.67 December 02, 2010 SO ANSWERS, (jZ RON R ANDERSON, SHERIFF ,? aSat?a c CountySuite SherdP. Ieleosott, Inr._ r 4 j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. CIVIL DIVISION NO.: 10-2831 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) )SS: COUNTY OF ALLEGHENY ) Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Scott D. Peoples and Phillip D. Peoples located at 216 North Enola Drive, Enola, PA 17025 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT D. PEOPLES AND PHILLIP D. PEOPLES OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 216 NORTH ENOLA DRIVE, ENOLA, PA 17025. INSTRUMENT NUMBER 200818239. PARCEL #09-14-0832-041. 1. The name and address of the owners or reputed owners: Scott D. Peoples 216 North Enola Drive Enola, PA 17025 Phillip D. Peoples 427 A Street Carlisle, PA 17013 2. The name and address of the defendants in the judgment: Scott D. Peoples 216 North Enola Drive Enola, PA 17025 Phillip D. Peoples 427 A Street Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Chase Home Finance LLC, s/b/m/t Chase [PLAINTIFF] Manhattan Mortgage Corporation 4. The name and address of the last record holder of every mortgage of record: Chase Home Finance LLC, s/b/m/t Chase [PLAINTIFF] Manhattan Mortgage Corporation 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: NONE J I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Kris ' e M. Anthou, Esquire Attorney for Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS 1?( DAY OF 2010. Notary Public CCOMMONM-- Elizabetotary Public Member. NMVANI+ Ctty of enY County My Com]an. 6, 2012 PennsylvaiAssociation of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, NO.: 10-2831 Civil Term Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Scott D. Peoples 216 North Enola Drive Enola, PA 17025 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on December 8, 2010, at 10:00 A.M., the following described real estate, of which Scott D. Peoples and Phillip D. Peoples are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT D. PEOPLES AND PHILLIP D. PEOPLES OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 216 NORTH ENOLA DRIVE, ENOLA, PA 17025. INSTRUMENT NUMBER 200818239. PARCEL #09-14-0832-041. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, vs. Scott D. Peoples and Phillip D. Peoples, Defendants, at Execution Number 10-2831 Civil Term in the amount of $126,081.38. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. B 6 Lz Kristine M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t Chase Manhattan Mortgage Corporation, CIVIL DIVISION Plaintiff, vs. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term LONG FORM DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the eastern line of North Enola Drive, formerly called Altoona Avenue, one hundred ninety (190) feet north of the northwest extremity of the arc or curve connecting the northern line of Dauphin Street with the eastern line of North Enola Drive; thence along the eastern line of North Enola Drive north ten (10) degrees twenty (20) minutes west fifty (50) feet to a point; thence north seventy-nine (79) degrees forty (40) minutes east one hundred filly (150) feet to a point; thence south ten (10) degrees twenty (20) minutes east fifty (50) feet to a point and thence south seventy-nine (79) degrees forty (40) minutes west, through the center of the partition wall dividing properties known as No. 214 and No. 216 North Enola Drive and beyond one hundred fifty (150) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 216 North Enola Drive, Enola, Pennsylvania. BEING the same premises which Robert E. Melby and Mary C. Melby, husband and wife, by Deed dated May 29, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 3, 2008, at Instrument Number 200818239, granted and conveyed unto Scott D. Peoples and Phillip D. Peoples. GRENEN & BIRSIC, P.C. Parcel No. 09-14-0832-041 By; KristinM Anthou, Esqui-re Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, NO.: 10-2831 Civil Term Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Phillip D. Peoples 427 A Street Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 on December 8, 2010, at 10:00 A.M., the following described real estate, of which Scott D. Peoples and Phillip D. Peoples are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF SCOTT D. PEOPLES AND PHILLIP D. PEOPLES OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN EAST PENNSBORO TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 216 NORTH ENOLA DRIVE, ENOLA, PA 17025. INSTRUMENT NUMBER 200818239. PARCEL #09-14-0832-041. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation, Plaintiff, VS. Scott D. Peoples and Phillip D. Peoples, Defendants, at Execution Number 10-2831 Civil Term in the amount of $126,081.38. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. B Kristine -M. Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term LONG FORM DESCRIPTION ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the eastern line of North Enola Drive, formerly called Altoona Avenue, one hundred ninety (190) feet north of the northwest extremity of the arc or curve connecting the northern line of Dauphin Street with the eastern line of North Enola Drive; thence along the eastern line of North Enola Drive north ten (10) degrees twenty (20) minutes west fifty (50) feet to a point; thence north seventy-nine (79) degrees forty (40) minutes east one hundred fifty (150) feet to a point; thence south ten (10) degrees twenty (20) minutes east fifty (50) feet to a point and thence south seventy-nine (79) degrees forty (40) minutes west, through the center of the partition wall dividing properties known as No. 214 and No. 216 North Enola Drive and beyond one hundred fifty (150) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 216 North Enola Drive, Enola, Pennsylvania. BEING the same premises which Robert E. Melby and Mary C. Melby, husband and wife, by Deed dated May 29, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 3, 2008, at Instrument Number 200818239, granted and conveyed unto Scott D. Peoples and Phillip D. Peoples. GRENEN & BIRSIC, P.C. By:????u-,c L Kristine M Anthou, Esquire Attorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Parcel No. 09-14-0832-041 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 10-2831 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE LLC, s/b/m/t CHASE MANHATTAN MORTGAGE CORPORATION, Plaintiff (s) From SCOTT D. PEOPLES and PHILLIP D. PEOPLES (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 $123,834.44 L.L.$.50 Interest from 8/26/10 to sale -- $2,246.94 Atty's Comm % Atty Paid $195.40 Plaintiff Paid Date: 9/8/10 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Aux-& David uell, Pro 0 -9 By: Deputy Name: KRSTINE M. ANTHOU, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 77991 On September 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 216 North Enola Drive, Enola, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 22, 2010 B: Real Estate Coor inator 4r The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4f?latriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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 of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/15/10 '• 10/22/10 10129/10 .....-`. Ack C.? :. .......... . Sworn to,a(id ubscrib fore me this_dap of/NQvember, 2010 A. D. Notary Public COMMONWEALTH OF =Paxton ENNSYLVANIA al otary Public uphin County Nov. 26, 2011 mer, Pennsk4van ia Assoclatlon or Notar - 2010-2831 CWK Term C" man LLC, sbmt Cttw MWOUNM Mme camandion vs Scott D. Peoples Phillip D. Peoples Atty: KrWm M A"Mou ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonw AM of Pennsylvania, bounded and described as follows: BEGINNING at a point in the eastern line of North Enola Drive, formerly called Altoona Avenue, one hundred ninety (190) feet north of the northwest extremity of the arc or curve connecting the northern tine of Dauphin Street with the eastern line of North Enola Drive; thence along the eastern fine of North Enola Drive north ten (10) degrees twenty (20) minutes west fifty (50) feet to a point; thence north seventy-nine (79) degrees forty (40) minutes east one hundred fifty (150) feet to a point; thence south ten (10) degrees twenty (20) minutes east fifty (50) feet to a point and thence south seventy-nine (79) degrees forty (40) minutes west, through the center of the partition wall, dividing properties Frown as No. 214 and No. 216 North'Euaht Drive and beyond one hundred fifty (150) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 216 North Enola Drive, Enola, Pen"Wania. BEING the same premium which Robert E. Melby and Mary C. Melby, husband and wife, by Deed dated May 29, 2W8 and recorded in the Office of the Recorder of Deeds of Cumberland County on June 3, 2008, at Instrument Number 200818239, granted and conveyed unto Scott D. Peoples and Phillip D. Peoples. 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: October 22, October 29, and November 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. f ULisa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 5 da of November, 2010 - Notary F OTARIAL SEAL ORAH A COLLINS otary Public UGH, CUMBERLAND COUNTY ion Expires Apr 28, 2014 t, CUMBERLAND LAW JOURNAL Writ No. 2010-2831 Civil granted and conveyed unto Scott D. Peoples and Phillip D. Peoples. Chase Home Finance LLC, sbmt Chase Manhattan Mortgage Corporation VS. Scott D. Peoples Phillip D. Peoples Atty.: Kristine M. Anthou ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, County of Cumberland, Commonwealth of Pennsylvania, bounded and described as follows: BEGINNING at a point in the eastern line of North Enola Drive, formerly called Altoona Avenue, one hundred ninety (190) feet north of the northwest extremity of the arc or curve connecting the northern line of Dauphin Street with the eastern line of North Enola Drive; thence along the eastern line of North Enola Drive north ten (10) degrees twenty (20) minutes west fifty (50) feet to a point; thence north seventy-nine (79) degrees forty (40) minutes east one hundred fifty (150) feet to a point; thence south ten (10) degrees twenty (20) minutes east fifty (50) feet to a point and thence south seventy-nine (79) degrees forty (40) minutes west, through the center of the partition wall dividing properties known as No. 214 and No. 216 North Enola Drive and beyond one hundred fifty (150) feet to a point, the place of BEGINNING. HAVING THEREON ERECTED the northern one-half of a two and one-half story frame dwelling known as No. 216 North Enola Drive, Enola, Pennsylvania. BEING the same premises which Robert E. Melby and Mary C. Melby, husband and wife, by Deed dated May 29, 2008 and recorded in the Of- fice of the Recorder of Deeds of Cum- berland County on June 3, 2008, at Instrument Number 200818239, 95 OF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, -? ,o _? Plaintiff, ISSUE NUMBER: -° r° z- vs. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. NO.: 10-2831 Civil Term TYPE OF PLEADING: PRAECIPE TO WITHDRAW JUDGMENT CODE - c co ;"-') ?- y? FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 9 ' A ?D'a t ?44 0?} 1105 Cw 1 asas?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: 10-2831 Civil Term VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. PRAECIPE TO WITHDRAW JUDGMENT TO:PROTHONOTARY SIR/MADAM: Kindly withdraw the judgment entered on or about August 31, 2010 in the above-captioned matter and mark the docket. GRENEN & BIRSIC, P.C. Sworn to and subscribed before me this A day of , 2010. Notaryublic CoMMONVymim of PENNSYLVANIA Note jai Seal Public Elizabeth M. Cagnon, Notary gllegheny County City of Pittsburgh, My Commission Expires lan. 6 2012 Dr.?nr.:.alvanlo ,La6eCI?kW Notar?e` Membef . BY: Kristine M. Anthou, Esquire Attorney for Plaintiff t-3 ev C7 RLAND COUNTY PENNS'FaVA&A IN THE COURT OF COMMON PLEAS OF CUMBE z =M r~ CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION a° Chase Manhattan Mortgage Corporation, -acs C'r M -n Plaintiff ISSUE NUMBER: MC) CO C? , N) ° vs. NO.: 10-2831 Civil Term SCOTT D. PEOPLES and PHILLIP D. PEOPLES, TYPE OF PLEADING: Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE CODE- FILED ON BEHALF OF PLAINTIFF: Chase Home Finance LLC, s/b/m/t Chase Manhattan Mortgage Corporation COUNSEL OF RECORD FOR THIS PARTY: Kristine M. Anthou, Esquire Pa. I.D. #77991 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE LLC, s/b/m/t CIVIL DIVISION Chase Manhattan Mortgage Corporation, Plaintiff, NO.: 10-2831 Civil Term VS. SCOTT D. PEOPLES and PHILLIP D. PEOPLES, Defendants. PRAECIPE TO SETTLE AND DISCONTINUE WITHOUT PREJUDICE TO:PROTHONOTARY SIR/MADAM: Kindly settle and discontinue without prejudice the above:-captioned matter and mark the docket accordingly. Sworn to and subscribed before me this-Jk_day of , 2010. Notary P blic GRENEN & BIRSIC, P.C. BY: 16 ". ? Kristine M. Anthou, Esquire Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA NotarlalSeal Public Elizabeth M. Cagnon, Notary City of Pittsburgh, Allegheny County my commission ExPires Jan. 6, 2012 Member. Pennsvivania ASSWA IOn of NOtarie'