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HomeMy WebLinkAbout10-6205CF, Tr E F (..? t COUNTY JAI L LAMA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 f MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 2780 Lake Vista Drive Lewisville, Texas 75067 V. Toni Davis aWa Toni M. Davis 5925 Gabrielle Lane Chambersburg, Pennsylvania 17202 and Darren Davis 5925 Gabrielle Lane Chambersburg, Pennsylvania 17202 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number (b -&&05 C-.%)1(TSrPt CIVIL ACTION/MORTGAGE FORECLOSURE 0 cc P0 AITI at lay SS(o e# 2g8977 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that ifyou 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar 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 demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar 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. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Toni Davis a/k/a Toni M. Davis, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202. 3. The Defendant is Darren Davis, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202. 4. On September 9, 2005, Toni Davis a/k/a Toni M. Davis and Darren Davis made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Tower Mortgage and Financial Services Corporation, which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1922, Page 3969. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Tower Mortgage and Financial Services Corporation to The Bank ofNew York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the legal description attached as Exhibit "A" and is known as 419 Scott Drive, Shippensburg, Pennsylvania 17257. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due March 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance Interest through September 9, 2010 (Plus $53.24 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Escrow Advance NSF Fee $ 231,357.09 $ 31,196.45 $ 1,250.00 $ 1,305.96 $ 1,247.90 $ 14,018.38 60.00 GRAND TOTAL $ 280,435.78 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands an in rem Judgment against the Defendants in the sum of $280,435.78, together with interest at the rate of $53.24 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEI BERG AND CO AY,P.C. BY: AR'brneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND COIDVAY,P.C. BPlaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE EXHIBIT A (Legal Description) ALL THAT CERTAIN TRACT OF LAND SITUATE IN THE BOROUGH OF SHIPPENSBURG, CUMBERLAND COUNTY, PENNSYLVANIA, KNOWN AND NUMBERED AS LOT 22, SCOTT DRIVE, ON A SUBDIVISION PLAN FOR G & C ASSOCIATES, HALLWOOD HEIGHTS WEST, PHASE 2, BY JOHN R. KISSINGER, SURVEYING, DATED JANUARY 16, 1995 RECORDED IN THE RECORDER OF DEEDS OFFICE IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA, IN PLAN BOOK 70, PAGE 54, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE COMMON CORNER OF LOT 21 AND 22 ON THE EDGE OF THE RIGHT OF WAY OF SCOTT DRIVE; THENCE ALONG THE EDGE OF SCOTT DRIVE ALONG A CURVE HAVING A RADIUS OF 177.50 FEET A CHORD BEARING OF SOUTH 43 DEGREES 32 MINUTES 36 SECONDS EAST AND A CHORD LENGTH OF 28.09 FEET TO A POINT, THENCE ALONG SCOTT DRIVE, SOUTH 48 DEGREES 04 MINUTES 54 SECONDS EAST A DISTANCE OF 71.88 FEET TO A POINT; THENCE ALONG LOT 23, SOUTH 41 DEGREES 55 MINUTES 06 SECONDS WEST A DISTANCE OF 154.38 FEET TO A POINT; THENCE ALONG OTHER LANDS OF G & C ASSOCIATES, NORTH 57 DEGREES 28 MINUTES 46 SECONDS WEST A DISTANCE OF 64.61 FEET TO A POINT; THENCE CONTINUING BY THE SAME, NORTH 51 DEGREES 48 MINUTES 39 SECONDS WEST A DISTANCE OF 63.64 FEET TO A POINT; THENCE ALONG LOT 21, NORTH 50 DEGREES 59 MINUTES 42 SECONDS EAST 173.46 FEET TO A POINT, THE PLACE OF BEGINNING. BEING ALL OF LOT 22 ON THE SUBDIVISION PLAN OF HALLWOOD HEIGHTS WEST, PHASE 2. PARCEL NO. 32-34-2413-294 BEING THE SAME PREMISES WHICH DAVID JUAREZ, INDIVIDUALLY, BY DEED DATED 09-09-05 AND RECORDED 09-13-05 IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR THE COUNTY OF CUMBERLAND IN RECORD BOOK 270 PAGE 4636, GRANTED AND CONVEYED UNTO TONI M. DAVIS AND DARREN DAVIS, HUSBAND AND WIFE. Page 4 of 4 Order Number: 1490027 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Smith Chief Deputy ; rs Richard WV Stewart =?t Solicitor The Sank of New York Mellon vs Case Number . Darren Davis (et al.) 2010-0205 SHERIFF'S RETURN OF SERVICE 09/29/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Darren Davis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, 'PA to serve the within Complaint In Mortgage Foreclosure according to law. 09/29/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Toni M. Davis, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage` Foreclosure according to law. RonSheriffny Jody S R Anderson 10/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Darren Davis, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Darren Davis. Request for service at 419 Scott Drive, Shippensburg, PA 17257 is vacant. The Shippensburg Postmaster has confirmed, Darren Davis's new address is 5925 Gabrielle Lane, Chambersburg, PA 17202. 10108/2010 Ronny R, Anderson, Sheriff, who being duly sworn according to law; states that he made a diligent search and inquiry for the within named defendant to wit: Toni M. Davis, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Toni M. Davis. Request for service at 419 Scott Drive, Shippensburg, PA 17257 is vacant. The Shippensburg Postmaster has confirmed, Toni M. Davis's new address is 5925 Gabrielle Lane, Chamkersburg, PA 17202. defendant named in the within Complaint in Mortgage foreclosure and that I am unable to find him in the 11/03/20'10 Franklin County Return: And now, November 3, 2010 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Toni M. Davis the defendant named in he within Complaint in Mortgage Foreclosure and that l am unable to find her in the County of Franklin and therefore return same NOT FOUND.. Request for service at 5925 Gabrielle Lane, Chambersburg, PA 17202 has a note from the utility company stating the water has been shut off. 11/03/20110 Franklin County Return: And now, November 3, 2010 I, Dane Anthony,,Sheriff of Franklin County:, Pennsylvania, do hereby certify and return; that I made diligent search and inquiry for Darren Davis the County o? Franklin and therefore return same NOT FOUND.. Request for service at 5926 Gabrielle Lane, Chambersburg, PA 17202 has a note from the utility company stating the water has been shutoff. SHERIFF COST: $113:00 November 08, 2010 SO ANSWERS, RON R ANDERSON; SHERIFF c cu„_? f so 2, .,.. SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00252 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF NEW YORK MELLON VS TONI M AND DARREN DAVIS RANDY D STRbBLE Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DAVIS DARREN but was unable to locate Him in his bailiwick. He therefore returns the COMP MORT FORE , the within named DEFENDANT , DAVIS DARREN 5925 GABRIELLE LANE , NOT FOUND , as to CHAMBERSBURG, PA 17202 PAPER ON DOOR STATING WATER HAS BEEN SHUT OFF. Sheriff's Costs: So answers: Docketing 00 ?.o? A -- Service .00 ??A` Affidavit .00 RANDY p STROBLE Surcharge .00 DANE NVANTHONY, Sheriff .00 .00 MCCABE WEISBERG AND CONWAY 11/03/2010 Sworn and subscribed to before me this _ day of COMMONWEALTH OF PENNSYLVANIA ' A . D . NOTARIAL SEAL RICHARD D McCARtY, NotaL29^,2-u-- lic ChrrRbersbur Bara.,1'ranklty C Any C€?rr?missiort Exniras Jan7 Notary 2 . SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00252 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF NEW YORK MELLON VS TONI M AND DARREN DAVIS RANDY D STROBLE Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT , to wit: DAVIS TONI M but was unable to locate Her in his bailiwick. He therefore returns the COMP MORT FORE , , NOT FOUND , as to the within named DEFENDANT , DAVIS TONI M 5025 GABRIELLE LANE CHAMBERSBURG, PA 17202 PAPER ON DOOR STATING WATER SHUT OFF Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: .00 .00 .00 RANDY D ST OBLE .00 DANE M ANTHONY, Sheriff nn .00 MCCABE WEISBERG AND CONWAY 11/03/2010 Sworn and subscribed to before me this. day of Notary COMmOWNEALTH OF PENNSYLVANIA NOTARIAL SEAL RICHARD D. McCAR7 Y, Notary Public Chambersburg Bora., Franklin County Ahv Commission Expires Jan. 29, 2011 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 Plaintiff V. Darren Davis and Toni Davis a/k/a Toni M. Davis Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas p C rn ? r_ p cn?? W v C-) s ED -q :z zi Number 10-6205 Civil Term, , CD C') -? C -C MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Toni Davis a/k/a Toni M. Davis, at his/her last-known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202. The process server was not able to serve the Defendant because house vacant. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Darren Davis, at his/her last-known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202. The process server was not able to serve the Defendant because house vacant. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendants and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendants last known address and by posting a copy of the original process on the mortgaged premises. 4. No judge has ruled upon any other issue in this matter or in any related matter. No attorney has entered an appearance in this matter on behalf of Defendants and, therefore, no concurrence of opposing counsel was sought with regard to the instant motion. If service cannot be made on the Defendants, Toni Davis a/k/a Toni M. Davis and Darren Davis, the Plaintiff will be prejudiced. WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiffto serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendants ,Toni Davis a/k/a Toni M. Davis and Darren Davis, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendants and the mortgaged premises known in this herein action as 419 Scott Drive, Shippensburg, Pennsylvania 17257. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 Attorneys for Plaintiff Cumberland County Court of Common Pleas Plaintiff V. Number 10-6205 Civil Term Darren Davis and Toni Davis a/k/a Toni M. Davis Defendants MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 Attorneys for Plaintiff Cumberland County Court of Common Pleas Plaintiff V, Number 10-6205 Civil Term Darren Davis and Toni Davis a/k/a Toni M. Davis Defendants CERTIFICATION OF SERVICE I, Terrence J. McCabe, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 25th day of March, 2011, upon the following: Toni Davis &Wa Toni M. Davis 5925 Gabrielle Lane Chambersburg, Pennsylvania 17202 Darren Davis 5925 Gabrielle Lane Chambersburg, Pennsylvania 17202 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiffs representative, who is out of this jurisdiction and not available to sign this verification at this time, and are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unswom falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 3`)2-33 SHERIFF'S OFFICE OF CUMBERLAND COUNTY CSC(Y) Ronny R Anderson Sheriff ??? at ?uu?brrt 0 Jody S Smith 040 01 ' Chief Deputy -", Richard W Stewart Solicitor OM-CE OF THE S45RIFF The Bank of New York Mellon vs. Darren Davis (et al.) Case Number 2010-6205 SHERIFF'S RETURN OF SERVICE 09/29/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Darren Davis, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 09/29/2010 Ronny R. Anderson, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Toni M. Davis, but was unable to locate her in his bailiwick. He therefore deputized the Sheriff of Franklin County, PA to serve the within Complaint In Mortgage Foreclosure according to law. 10/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Darren Davis, but was unable to locate him in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Darren Davis. Request for service at 419 Scott Drive, Shippensburg, PA 17257 is vacant. The Shippensburg Postmaster has confirmed, Darren Davis's new address is 5925 Gabrielle Lane, Chambersburg, PA 17202. 10/08/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Toni M. Davis, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Toni M. Davis. Request for service at 419 Scott Drive, Shippensburg, PA 17257 is vacant. The Shippensburg Postmaster has confirmed, Toni M. Davis's new address is 5925 Gabrielle Lane, Chambersburg, PA 17202. 11/03/2010 Franklin County Return: And now, November 3, 2010 I, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Toni M. Davis the defendant named in the within Complaint in Mortgage Foreclosure and that. I am unable to find her in the County of Franklin and therefore return same NOT FOUND. Request for service at 5925 Gabrielle Lane, Chambersburg, PA 17202 has a note from the utility company stating the water has been shut off. 11/03/2010 Franklin County Return: And now, November 3, 20101, Dane Anthony, Sheriff of Franklin County, Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for Darren Davis the defendant named in the within Complaint in Mortgage Foreclosure and that I am unable to find him in the County of Franklin and therefore return same NOT FOUND. Request for service at 5925 Gabrielle Lane, Chambersburg, PA 17202 has a note from the utility company stating the water has been shut off. SHERIFF COST: $11.3.00 SO ANSWERS, November 08, 2010 RONWY- R ANDERSON, SHERIFF Exhibit A ,cl Courty5um S"er:`I. Teiacie... Irc. s SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00252 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF NEW YORK MELLON VS TONI M AND DARREN DAVIS RANDY D STROBLE Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DAVIS DARREN but was unable to locate Him in his bailiwick. He therefore returns the COMP MORT FORE , the within named DEFENDANT 5925 GABRIELLE LANE , DAVIS DARREN , NOT FOUND , as to CHAMBERSBURG, PA 17202 PAPER ON DOOR STATING WATER HAS BEEN SHUT OFF. Sheriff's Costs: So answers: Docketing .00 v, Service .00 Affidavit .00 RANDY S OBLE Surcharge .00 DANE ANTHONY, Sheriff .00 .00 MCCABE WEISBERG AND CONWAY 11/03/2010 Sworn and subscribed to before me this &t day of COMMONWEALTH PENNSYLVANIA Q A . D . EAL , Notary public ranklin County s lap. ?9, 2011 Notary EM2 a SHERIFF'S RETURN - NOT FOUND CASE NO: 2010-00252 T COMMONTWEALTH OF PENNSYLVANIA COUNTY OF FRANKLIN BANK OF NEW YORK MELLON VS TONI M AND DARREN DAVIS RANDY D STROBLE , Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT to wit: DAVIS TONI M unable to locate Her in his bailiwick. COMP MORT FORE but was He therefore returns the , NOT FOUND , as to the within named DEFENDANT , DAVIS TONI M 5925 GABRIELLE LANE CHAMBERSBURG PA 17202 PAPER ON DOOR STATING WATER SHUT OFF Sheriff's Costs: So an ers: Docketing .00 Service .00 Affidavit .00 RANDY D OBLE Surcharge .00 DEN! ANE M ANTHONY, She-riff .00 .00 MCCABE WEISBERG AND CONWAY 11/03/2010 Sworn and subscribed to before me this J Aft r day of ©? O COMMONWEALTH OF PENNSYLVANIA NOTARIAL =n9 rCham CHARD D. McCARTYbers burg Boro., t Commission Expires Notary Attorney Outsourcing Support Services, Inc. Suite 2040 123 S. Broad Street Philadelphia, PA 19109 (215) 790-5964 FAX (215) 320-5770 AFFIDAVIT OF GOOD FAITH INVESTIGATION SUBJECT OF INVESTIGATION: Toni Davis CLIENT: FILE #: 39233 MATTER #: 267-0172 AOSS FILE#: 08-7266 SUBJECT'S LAST-KNOWN ADDRESS: 5925 Gabrielle Lane, Chambersburg, PA, 17202 I, Ernest Caldwell , being duly sworn according to lave, depose and say that Attorney Outsourcing Support Services, Inc. completed a good faith investigation into the whereabouts of the above-named subject and the extent of the investigation and the results are as follows: INQUIRY OF POSTAL AUTHORITY: Postal Authority stated that there is no change in the subject's address. INQUIRY OF LOCAL TELEPHONE COMPANY, A. DIRECTORY ASSISTANCE AND INTERNET SEARCH: Directory assistance had no listing for the subject. Exhih?t Page Two Investigation of Toni Davis continued: (subject name) INTERNET SEARCH: Search shows no address for the subject.. 4. DEATII. RECORDS: Social Security has no death record for the subject. LOCAL TAX RECORD INQUIRY: After inquiry, I was unable to confirm a mailing address for the above stated last-known address.. INQUIRY OF COUNTY VOTER REGISTRATION: After inquiry, I was unable to confirm a listing with the County Voters Registration Office for this subject.. Page Three Investigation of Toni Davis continued: (subject name) INQUIRY OF NEIGHBORS; I was unable to identify any neighbors who could verify any further Information. The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge, information, and belief. By: ..?? sia NAME: Ernest Caldwell Print TITLE: Location Specialist DATE: l Notary Public: Sworn to and subscribed before me this t-+ 1 day of C?o , 2010 Postmaster Chambersbura, PA 17202 City, State, 'LIP Code Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or the name and street address (if a boxholder) for the following: Date September 13, 2010 Name: Toni Davis Address: 5925 Gabrielle Lane, Chambersbura, PA 17202 NOTE; The name and last known address are required for change of address information. The name, ifknown, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265,6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g. process server, attorney, party representing himself): attorney 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney, or party acting pro se - except a corporation acting pro se must cite statute): Not applicable, Requester is an attorney 3. The names of all known parties to the litigation: v, Toni Davis 4. The court in which the case has been or will be heard: PA 5. The docket or other identifying number if one has been issued: _NO 6. The capacity in which this individual is to be served (e.g. defendant or witness): Defendant WARNING THE SUBMISSION OP FALSE INFORMATION TO OBTAIN AND USE CIIANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE CYPHER THAN THE SERVICE OF LEGAL J'ROCFSS IN CONNECTION WITH ACTUAL. OR PROSPECTIVE LITIGATION COULD RESUI:1 IN CRIMINAL PENAI : FIRS f N('LlJ DINC A FINE OF UP TO $ ] 0,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF TI IE FEE, FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE TIIAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). PLLASE PROVIDE TIlE CORRECT ADDRESS FOR THE DEFLNDANT. I certify th"ie above inforn lion is true and that the address information is needed and will be used solely for service of legal process in cone 1 with actual o prospective. litigation. r Al". 123 S. Broad Street. Suite 2080 Sigligtyle ?. _ _ ..... - Address Oscar Dungan, ROSS Printed Name No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. w/Good As Addressed Philadclphia, Pte. 19109 City, State, ZIP Code FOR POST OFFICE USE ONLY NEW ADDRESS or BOXHOLDER'S NAME and PHYSICAL STREET ADDRESS A?5yuKQ SEP 17 2010 '. WEISBERG AND CONWAY, P.C. *c&BE , BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 The Bank of New York Mellon formerly known as The Cumberland County N Bank of New York as successor Trustee to JP Morgan Court of Common Pleas C Chase Bank, N.A., as Trustee for certificateholders of i Bear Stearns Asset Backed Securities Trust 2006-3, Zrn Asset Backed Certificates, Series 2006-3 rnP" t MI= Plaintiff - -n CD -s? v ) ?C C ? -- on rn . Number 10-6205 Civil Term ?- --I Darren Davis and Toni Davis a/k/a Toni M. Davis Defendants ORDER • AND NOW, this t day of , 2011, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Toni Davis a/k/a Toni M. Davis, by regular mail and by certified mail, return receipt requested, to his/her last known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202 and upon the Defendant, Darren Davis, by regular mail and by certified mail, return receipt requested, to his/her last known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202 and by posting the mortgaged premises of 419 Scott Drive, Shippensburg, Pennsylvania 17257 ?;?, ?i„?,c,w•lwvrt.. wx?n ftt. P??.l?-''.a? C,,?;i-??Q p ' BY THE C T: J. ?ra 'j. M ?Cebe , L Cry Mo?jbd #/,/I t as FILED-OFFICE Or THE PROTHONOTARY 2011 MAY 26 AM 11: 20 CUMBERLAND COUNTY PENNSYLVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 Plaintiff V. Darren Davis and Toni Davis a/k/a Toni M. Davis Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-6205 Civil Term PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage matter. I ERRENCE J.- McCAB? ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff C..?D a (k % tam ?A 0- 1111-k e, t. It i LAU4(4??' 9-4 0?ST7(01 mco r_ ?-C CA ? i ?" .a:.. ....a cl <`. ... 2 Y _? r ?4 Cr --- > L.rt :.:7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 Plaintiff V. Darren Davis and Toni Davis a/k/a Toni M. Davis Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 10-6205 Civil Term AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Andrew L. Markowitz, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; That on June 1, 2011, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, Toni Davis a/k/a Toni M. Davis by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last-known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202 and upon the Defendant, Darren Davis by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last-known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". That on June 1, 2011, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendants, Toni Davis a/k/a Toni M. Davis and Darren Davis, by posting the same at the mortgaged premises of 419 Scott Drive, Shippensburg, Pennsylvania 17257. A true and correct copy of the Sheriffs Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". That on June 3, 2011, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Toni Davis a/k/a Toni M. Davis and Darren Davis, through publication in the The Sentinel. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "C". That on June 24, 2011, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Notice of the filing of the Complaint in Mortgage Foreclosure upon the Defendants, Darren Davis and Toni Davis a,-k/a Toni M. Davis, through publication in Cumberland Law Journal. A true and correct copy of the Proof of Publication indicating the same is attached hereto, made a part hereof, and marked Exhibit "D". SWORN AND SUBSCR BEFO ME THIS ?Y OF C , 201 1 NO Parbara .1, Pctary Public City of Philadel; i, ;, F u!a e!pnia County ,,y COMMISSlo 1, -pi;SS JAN. 12, 2014 -v TERRENC McCABE, ESQUIRE MARC S. W ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff TERRENCE J MCCABF ••• MARC S- WEISBERG -- EDWARD D. CONWAY MARGARET GA1RO LISA L WALLACE.* DEBORAH K.CURRAN LAURA HG. O'SULLIV4N1. GAVI. C SPIVAK ANDREW L- MARKOWITZ HEIDI R SPIVAK - SCOTT I' TAGGAR"f - MARISA J COHEN JASON BROOKS t ERIN M BRADY,, KEVIN T. McQUAIL- ALEXANDRA T- GARCIA -- CORRIN DEMENT ^? ABBY K. MOYNIHAN CATHERINE WELKER ANTOINETTE N. MOORE CI IRISTINE GRAHAM MELISSA A. SPOSATO - HEATHER WEJNFRT RICHARD J- SUZOR, JR MAKENNA E. PORCH LAURA LA "I TA .. Say "1"' 1-1 for 1-11Snp kct. LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 303 123 SOUTH BROAD STREET 216 HADDON AVENUE PHILADELPHIA PA 19109 WESTMONT, NJ 08108 , (8561858-7080 (215) 790-1010 FAX (856) 858-7020 FAX (215) 790-1274 SUITE 499 145 I1UGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 GENERAL FAX (914) 636-8901 MEDIATION ONLY FAX (914) 819-5505 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD June 1, 2011 LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 201 4021 UNIVERSITY DRIVE PAIRFAX, VA 22030 (866) 656-0379 Darren Davis 5925 Gabrielle Lane Chambersburg, Pennsylvania 17202 Re: The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 v. Darren Davis and Toni Davis aWa Toni M. Davis Cumberland County; CCP; Number 10-6205 Civil Term Dear Darren Davis: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated April 1, 2011, the original of which has been filed against you in regard to the above- captioned matter. Very truly yours, Evan Mahan Legal Assistant for McCabe, Weisberg and Conway, P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 70103090000087658385 RETURN RECEIPT REQUESTED Exhibit A This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. LAW OFFICES TERRENCF 1. McCABE ... McCABE, WEISBERG & CONWAY P.C. MARC S WEISBERG .. , SUITE 2080 SUITE 303 EDWARD D. CONWAY - 123 SOUTH BROAD STREET 216 HADDON AVENUE MARGARET GAIRO ? PHILADELPHIA PA 19109 WESTMONT, NJ 08108 LISA L. WALLACE r . DEBORAH K. CURRAN - , (215) 790-1010 (856) 858-7080 FAX (856) 858-7020 LAURA 11 G. O?SULLIVAN =. FAX (215) 790-1274 GAYL C SPIVAK =» SUITE 499 ANDREW L MARKOW ITZ 145 HUGUENOT STREET HEIDI R SPIVAK • NEW ROCHELLE, NY 10801 SCOTT T I AGGART . (914)-636-8900 MARISA .1. COHEN GENERAL, FAX (914) 636-8901 JASON 13ROOKS t MEDIATION ONLY FAX (914) 819-5505 ERIN M_ BRADY .. Also servicing Connecticut KEVIN T. McQUAIL- ALEXANDRA T. GARCIA - SUITE 100 CORRIN DEMENT 8101 SANDY SPRING ROAD ABBY K_ MOYNIHAN -• June 1, 2011 LAUREL, MD 20707 CATHERINE WFI,KER,. (301)490-3361 ANTOINETTE N. MOORS FAX (301) 490-1568 CHRISTINE GRAHAM, Also serN icing the District of Columbia MELISSA A SPOSATO HEATHER WEJNF.RT • SUITE 201 RICHARD J SUZOR, JR • 4021 UNIVERSITY DRIVE MAKENNA E. PORCH FAIRFAX, VA 22030 LAURA LA"[TA .. (866) 656-0379 s" nw--'dh?' coin for licrnsi n?; k,. Toni Davis a/k/a Toni M. Davis 5925 Gabrielle Lane Chambersburg, Pennsylvania 17202 Re: The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 v. Darren Davis and Toni Davis a/k/a Toni M. Davis Cumberland County; CCP; Number 10-6205 Civil Term Dear Toni Davis a/k/a Toni M. Davis: Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated April 1, 2011, the original of which has been filed against you in regard to the above- captioned matter. Very truly yours, Evan Mahan Legal Assistant for McCabe, Weisberg and Conway, P.C. SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 70103090000087658378 RETURN RECEIPT REQUESTED Exithibit A This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor OFFICE flF THE SHERIFF The Bank of New York Mellon vs. Darren Davis (et al.) ksc al 3qa-33 Case Number 2010-6205 SHERIFF'S RETURN OF SERVICE 06/01/2011 10:13 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on June 1, 2011 at 1013 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Darren Davis, pursuant to order of court by posting the premises located at 419 Scott Drive, Shippensburg, Cumberland County, Pennsylvania 17257 with a true and correct copy according to law. % L MICHELLE GUTSHALL, DEPUTY 06/01/2011 10:13 AM - Michelle Gutshall, Deputy Sheriff, who being duly swom according to law, states that on June 1, 2011 at 1013 hours, she served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Toni M. Davis, pursuant to order of court by posting the premises located at 419 Scott Drive, Shippensburg, Cumberland County, Pennsylvania 17257 with a true and correct copy according to law. 1L MIC ELLE GUTSHALL, D SHERIFF COST: $76.00 June 02, 2011 SO ANSWERS, 21 RON R ANDERSON, SHERIFF I? it CountySuite Shenff. TeleoSofl. IrG. I B,. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland l?'.c [t' l_?vX ?LtiCS 'rJlreCtUr, of The Se;Clianeh W the County and ??tdte aloi4",dlf1, 1: 1S"ei' dUly -?ays that THE SENT INI- L.. a newspaper of general carc,a in tlzc .r_rli-1tCounty acid State afore aid, was established Decer°iher rr; V.,1'rc E c:Ac I IE SENTINEL has been regularly issued in said o rnty, ? r d I+„3t the 'ina ` tit'! 1:: K' or [,.il-llcation attached hereto i', exacth? the same is vv 1-, ter wi i l ,11, w2 } i r r rie regular editions and issues r?\, 11, )o the following day(s): ;trtt 3 'i? ( t)P) OF NOTI'CF.'OFPU]BLICATION Affiant further deposes th it lit', -W r? not F; ubject rnalter c f hti r advertisemer t in, that ?the foyer, ?i.ng s ?ten'r nt as -" character- of pA-0ic,ition ?7o??*ds'G?1'rerri;,H pp „' .? 4 ?..i?Z ? ?f `.'j lL ¢ ?? i V ?' 'L o 3 ?- .i ?x'fore rr c t r-s Aj, Nc r,',rv 1' idly commssicr E?; rr s 8 p?,?M F 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 oumal,o ,= 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 June 24, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. r sa Marie Co , Editor SWORN TO AND SUBSCRIBED before me this 24 day of June 2011 Not ry NOTARIAL SEAL r t DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 CUMBERLAND LAW JOURNAL NOTICE IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY Cumberland County BE ABLE TO PROVIDE YOU WITH Court of Common Pleas INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES Number 10-6205 Civil Term TO ELIGIBLE PERSONS AT A RE- The Rant- of NA Y k M DUCED FEE OR NO FEE. C or ellon formerly known as The Bank of - umberland Cnnnty__Bar_-.._-_-- _ Association New York as successor Trustee 32 South Bedford Street to JP Morgan Chase Bank, N.A., Carlisle, PA 17013 as Trustee for certificateholders (800) 990-9108 of Bear Stearns Asset Backed TERRENCE J. McCABE Securities Trust 2006-3, Asset Backed C tifi , ESQUIRE er cates, Series 2006-3 ID # 16496 Plaintiff MARC S. WEISBERG, ESQUIRE V. ID # 17616 Darren Davis and Toni Davis a/k/a Toni M. Davis Defendants TYPE OF ACTION: CIVIL ACTION/ COMPLAINT IN MORTGAGE FORECLOSURE TO: DARREN DAVIS AND TONI DA- VIS a/k/a TONI M. DAVIS PREMISES SUBJECT TO FORE- CLOSURE: 419 SCOTT DRIVE, SHIP- PENSBURG, PENNSYLVANIA 17257. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE 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 INFORMA- TION ABOUT HIRING A LAWYER. EDWARD D. CONWAY, ESQUIRE ID #34687 MARGARET GAIRO, ESQUIRE ID # 34419 McCABE, WEISBERG AND CONWAY, P.C. Attorneys for Plaintiff 123 South Broad Street Suite 2080 Philadelphia, PA 19109 (215) 790-1010 June 24 Exhibit D MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWAIZ1) D. CONWAY, ESQUIRE - 11) # 34687 MARGARE'T' GAI:RO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York Mellon formerly known as The Bank of New York as successor Trustee to JP Morgan Chase Bank, N.A., as Trustee for certificateholders of Bear Stearns Asset Backed Securities Trust 2006-3, Asset Backed Certificates, Series 2006-3 Plaintiff V. DaITCn Davis and Toni Davis a/k/a Toni M. Davis Defendants Attorneys for Plain If 2 Cumberland County Court of Common Pleas Number 10-6205 Civil Term ORDER AND NOW, this ! day of A704 , 2011, the Plaintiff is granted leave to serve process in this mortgage foreclosure action upon the Defendant, Toni Davis a/k/a Toni M. Davis, by regular mail and by certified mail, return receipt requested, to his/her last known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202 and upon the Defendant, Darren Davis, by regular mail and by certified mail, return receipt requested, to his/her last known address of 5925 Gabrielle Lane, Chambersburg, Pennsylvania 17202 and by posting the mortgaged premises of 419 Scott Drive, Shippensburg, Pennsylvania 17257,e" BY TIIE C t?RT: J. David 1D. Buell' Prothonotary Office of the Prothonotary Cum6er[ancfCounty, (Pennsylvania 7yr&S. Sohonage, ESQ Solicitor jQ —1:,21:35 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 ® CarCrsCe, TA ® Phone 717 240-6195 0 Tax 71 7 240-6573