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Home My WebLink About11-3802SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION CUMBERLAND COUNTY VS. ?\ 38n? Cih NO: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 DEFENDANTS COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE CC =M r N c? r -? YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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. %qa co a' ? 359 ?I ? C QAa5996a Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN 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 ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 NO: Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 DEFENDANTS COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, Chase Home Finance, LLC, the address of which is, 3415 Vision Drive, Columbus, Ohio 43219, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: JPMorgan Chase Bank, N.A. Mortgagor(s): Michael S. Conklin and Tiffany R. Conklin (b) Date of Mortgage: May 23, 2008 (c) Place and Date of Record of Mortg4 e: Recorder of Deeds Cumberland County Document ID# 200819902 Date: June 13, 2008 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: JPMorgan Chase Bank, N.A. Assignee: Chase Home Finance, LLC The assignment is in the process of being formalized. 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by operation of law. 3. The real property which is subject to the Mortgage is generally known as 540 Hillcrest Drive, Carlisle, Pa 17013 and is more specifically described as attached as part of Exhibit "All: 4. The names and mailing addresses of the Defendants are: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17015 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17015 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of November 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of March 31, 2011: Principal Balance Due $180,399.29 Interest Currently Due and Owing at 6% $27,060.00 From October 1, 2008 through March 31, 2011 Late Charges $1,164.45 Escrow Advances $5,365.16 Appraisal Fees $700.00 Suspense/Unapplied Balance ($1,200.00) TOTAL $213,488.90 8. Interest continues to accrue for each month that the debt remains unpaid, and Plaintiff may incur other expenses, costs and charges collectible under the Note and Mortgage. 9. In addition to the above amounts, reasonably incurred attorneys fees and costs as well as proof of title in conformity with the mortgage documents and Pennsylvania law, shall be sought by Plaintiff and included in any request for judgment. 10. Notice of Intention to Foreclose pursuant to 41 P.S. § 403 and demand for payment was sent to each individual Defendant by Certified and Regular Mail. Copies of the Notice are attached as Exhibit "B". 11. The Mortgage is insured by the Federal Housing Administration under Title II of the National Housing Act (12 U.S.C. § 1707-1715z-18). Accordingly, the Homeowners' Emergency Assistance Act of 1983, 35 P.S. § 1680.402c is not applicable. WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: q/ig/j/ BY: Attorneys for Plaintiff S & D File No. 10-038609 PR171 COY • ' RECORD d1; gTU1?lY Td: S?'I.Eivil SULU7'IONS 1001 BA LT IMORB plK,E S`P,?INGi7 LD, pq I ¢ SUlTBZ11 Prepared By; ' Rent To: al) : '{', JPMo an Chase Custody Services P. . ox 8000 IN roe, LA 71211 Parcel Number: 40240758015 Premises: 540 Hiilerest Or Carlisle, PA 17013 ISpace Above This Lino For Recording DateI mo No. Commonwealth of Pennsylvania MORTGAGE 4418300523703 THIS MORTGAGE ("Security Instrument") is given on may z3, ZOOS The Mortgagor is Michael S Conklin and Tiffany R Conklin t .,.• i:ti: 0 ("Borrower"). This Security Instrument is given to JPMorgan Chase Bank, N, A, which is organized and existing under the laws of the United States of Amar i ca ,end whose address is 1111 Polaris Parkway, Ca 1 umbu3, ON 43240 x1pal ("Lender"). Borrowwe owes Lender the sum of One Hundred Eighty One Thousand One Hundred Twenty Six And Zero/100 Dollars (U.S. S 181, 728.0 4418300523703 FHA Pennsylvania Mortgage-4/9b - tt-41t(PA) (ows) VMP Memtpapp Samlorm Inc, Pepe t d p INtl?u? • t 1 ,• J1 • h1+ F7PA-63 First American Title Insurance Company Commitment No. BPAM0094 SCHEDULE C Being Parcel No. 40.24.0758-016 Being No. 540 1-1111crest Drive, Carlisle, PA 17013 ALL THAT CERTAIN tract of band with the improvements thereon erected, situate in South Middleton Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to fait.: BEGINNYNG at a point on the Western side of Hillcrest Drive, on the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned Plan of Lots; thence by said dividing line, South 77 degrees 35 minutes 33 seconds West 150.76 feet to a point; thence North 14 degrees 36 minutes West 99.37 feet to a point; thence by the dividing line between Lots Nos. 36 and 37 on said Plan of Lots, Worth 75 degrees 24 minutes East 150 feet to a point on the Western side of Hillcrest Drive; thence by the Western side of said Drive, South 14 degrees 36 minutes East 105 feet to the Place of BEGINNING- BEING Lot No. 37 of Section "A" of the Plan of Lots known as Forge ,egad Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, Page 35. BEING improved with a ranch type dwelling house with attached carport known as No. 540 Hillcrest Drive, Carlisle, Pennsylvania. PA -3 L•l.t.r, This debt is evidenced by Borrower's note Fasted 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 01, 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 Notes For (his purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in Cumberl and County, Pennsylvania See Attached Legal Description which has the address of 540 H I I I crest Or [Saw) Ca r I Isle icltyl, Pennsylvania 17013 (Zip Coda) ("Property Address"); t •'it.r TOGETHER WITH all the improvemenls• now or hereafter erected on the property, and all easements, appurtemmnces and fixture, now or. lieroaflep' 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.4 BORROWER COVENANTS that Borrower is lawfully seized of the estate hereby conveyed and has the right to mcstgage, graat and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and wig 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. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Intereat and Late Charge. Borrower shall pay when due the principal o£ 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 act 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 (o) 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 stun for the X441,30 3703 Inwoft; ? -4ti(PA) (oboe? T+apa 2 a 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 bald 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 ailed "Escrow Funds." Lender may, at any time, collect and hold a wm*.for Escrow Items in an aggregate amount not to exceed We maximum amount that may be required fgr Borrower' a escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Spptioon-?2601 at seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time;•[o•t?m rRESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements ordisbursemetts before the Borrowers payments arc 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 fiords 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 pormitted by RESPA. The Escrow Funds are pledged as additional security for eU 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 balmcs 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 fiords 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 I and 2 shall be applied by Leader as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge y the Secretary instead of the monthly mortgage insurance premium, Secon to any taxes, special assessmonts, leasehold payments or ground rents, and fire, flood and other insurance premiums, as required; Third, to interest due under the Note; to amortisation of the principal of the Note; and rig-to late abargas due under the Note. 4. [tire, Fleod and Otber Hazard 1asurnam Borrower shall insure all improvements on the Property, whether now In existence or subw4 ' ly crectod, against any hazards, casualties, and contingencies, including fire, for which l:.endeaye?as insurance. This insurance shall be maintained in the amounts and for the periods that Leader requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against foss 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 hold by Lender and sball Include loss payable douses 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 than 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 data of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any exam 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. 4418300523703 QlAR(PA) (otlea) Paps 7 of p ? t,; s •a, 0 . X74 i+ 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, bUintenance and Protection of the Property; Borrower's Loan Application; Lease6alds. Borrower sbalI occupy, establish, and use the Property as Bnt7owee a principal residance 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 cause undue hardship for Borrower, or unless extenuating circumstances exist which ere beyond Borroweea control. Borrower shall notify Lender of arty extenuating oiraucstences. 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 if'afilqlt. If Borrower, during the loan application process, gave materially false or inaccurate information •or.-st&1nonts to Lander (or failed to provide Lender with any malarial information) in connection with the loch evidenced by the Note, including, but not limited to, representations concerning Borrower' a occupancy of the Property as it principal residence. If this Security Instrument is on a leasehold, Borrower shell comply with the provisions of the lease. If Borrower acquires fee title to the Property, the Ieasehold 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 coup quandal, in connection with any eondonmation 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. Leader 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 ardor 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 tacuthly 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. 7. Charges to Borrower and Protection of Lander's Rights in the Property. Borrower shall pay all goveramental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay theme obligations on time diraotly to the catily which Is owed the payment. If failure to pay would adversely affect Lender' a Interest in the Proparty, upon Lender's request Borrower shag promptly furnish to Lender receipte 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 them Is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to cr&rco laws )or regulations), then Lender may do and pay whatever is necessary to protect the value of the Property sAdJtiaiie's rights in the Property, including payment of taxes, hazard insurance and other items mentioned id paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be seearad by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lander, shall be immediately due and payable. Borrower shall promptly discharge any lien which has priority ova this Security Iastrameut unless Borrower. (a) agrees In writing to the payment of the obligation secured by the lion In a manner acceptable to Leader; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which In the Lander' a opinion operate to prevent the anforcament of the lien; or (o) secures 4418300523703 auaro 4R-MPA) Owes) Prpo 4 all i ; kc, o- ' from the holder of the lien an agreement seti"to#tto Lender subordinating the lien to this Security Iastrumem. If Lender determines that any part of W6 Property is subject to alien which may attain priority over this Security Instrument, Lander may give Borrower a notice identifying the Tian. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. ram Lender may collect fees and charges authorized by the Secretary. 9. Gmunds 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 seemed by this Security Instrument ie (1) Borrower defauits 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 01) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credlt Approval. Lander shall, if permitted by applicable law (including Section 341(d) of the Gam-St. Germain Depository Institutions Act of 1982, 12 U. S, C. 1701]-3(d)) and with the prior approval of the Secretary, require immediate payment in fbU 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 transf red (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or bar principal residence, or the purchaser or grants 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 chum atones occur that would permit Lender to require immediate payment in full, but Lander does not require such glLpiap, , Lander does not waive its rights with respect to subsequent events. l . ?, : (d) Regulations of ElUD Sect'ekery, I nyuciretumstenees regulations issued by the Secretary will limit Leader'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. (a) Mortgage Not Inswa L 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 Leader 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 doomed conclusive proof of snob ineligibility. Notwithstanding the foregoing, this option may not be exercised by Lender when the unavailability of insurance is solely due to Lander` s failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lander has required immediate payment in full because of Borrower' a failure to pay an smount due under the Note or this Security Instrument. This right applies even alter foreclosure proceedings are instituted. To reinstate the Security Instrurnan4 Borrower shall tender in a lump sum all amounts required to bring Borrower' a accouutt 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, Lander is not required to permit reinsmatic t its t'i) Leader has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preced)ng We commencement of a current foreclosure 4418pe. 237'03 InYtw)yf /,?I " _?? at-4R(PA) Waos) 4' 0 4q! ??fgs t IL, proceeding, (it) 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 Lander Not a Waiver. Extension of the time of payment or modification of amortization of the sums emus! by this Security Instrument grunted by Lander to any once essor in interest of Borrower shall not op Y• to to release the liability of the original Borrower or Borroaer's successor in interest. Lender stalk 4be -required to cor nmance proceedings against any successor in interest or refuse to extend time for p yment or otherwise modify amortization of the sums secured by this Security insbument by reason of any demand made by the original Borrowor or Borrower's successors in Interest. Any forbearance by Lander In exercising any right or remedy shall not be a waiver of or preclude the exorcise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signora. The covenants and agreements of this Security lastrument shall bind and benefit the suocessors and assigns of Lander 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 Iastrumeat only to mortgage, grant and convey that Borrows' a Interest in the Property under the terms of this Security Instrument; (b) Is not personally obligated to pay the awns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, mod*, forbear or maim any aacommodadons with regard to the terms of this Security bstrument or the Now without that Borrower's consent. 13. Notioes. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mall unless applicable law rapires 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 Lander 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 Leader when given as provided in this paragraph, 14. Governing Law; Severability, This Security Instrument shell 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 and the provisions of this Security Instrument arOihoNote are declared to be severable. 15. Borrower's Copy. Borrower shall be•91ate1x me conformed copy of the Note and of this Security lunrument. 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 learns, or is notified by any govarnmantal or regulatory authority, that any removal or other an diadon of any Hazardous Substances slfaeting the Property is necessary, Borrower shall promptly take all necessary ramcdial actions in accordance with Environmental Law. As used in this paragraph 16, "Hazardous Sabstancee are those substances defined as toxic or hazardous substances by Bavironmeatat 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, 4418300523703 ms Ck 4it(PA) paoe) pal s 6( 9 t 1? t ly4 ,. ? . "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 COVENANT& Borrower and Lander t6rther covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assign and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Leader 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, r: ; tya) all rents caseload by Borrower shall be held by If Lender gives notice of breach to Borr r:' Borrower aS trustee for benefit of Lender W.-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 tenant of the Property shall pay all rents due and unpaid to Lender or Landar'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 prevant 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 breacb. *Any application of rents shall not acre or waive any default or invalidete 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, Foreelomwe Procedure. If Lender requires Immediate payment in Ibll under paragraph 9. Lender may foreclose this Security Instrument by judicial proceeding, Lender shalt be eatitled to called 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 Ramify Mortgage Foreclosure Act of 1994 ("Aet'9 (12 U.S.C. 3751 at 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 yoid. After such occurrence, Lander shall discharge and satisfy this Security Instrument without chaW te;Borrower. Borrower shall pay any recordation costs. 20. Waiver. Borrower, to the erttant perk , ftd: bey 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 Insuuma r. 22. Purchase Money Mortgage. If any of the debt secured by this Security Instrurnant 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. 4418300523703 w? yl? Ct-4RIPA)0usl Pape? d 9 /?? yr•ic.•I ?1 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 WWI amend and supplement the covenants and agreements of this Scaarlty Instrument as if the rider(s) were a part of this Security Instrument, [Check applicable box(es)]. RCondominium Rider Growing Equity Rider ? Other [specify] Planned Unit Development Rider Graduated Payment Rider BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in thi Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witness A,,J, 5- (Seal) M 1 chae l S Conk t i n -Borrower -Borrower (seat) (Seal) -Borrower -Borrower -(SW) -Borrower (seal) _ -Borrower :' { • ?r Ck-411(PA) roeoey 4418300523703 Fbp i of e -(Seal) .Borrower -(seal) -Borrower L COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, ?i3 f-O day of M PP%4 "L,s0j?j ? , before me, the undersigned officer, personally appeared M I char 1 Conk I I n, T E fi'any `Conk I i n knows to mo (or satisfactorily proven) to be the person(s) whose name Ware subscribed to the within instrumcat and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WI T I bamnt set my hand and official seal, My Commission Expires: J't-a L b Qe?? s? 6 e `4 TUIe of t)flIoar YCoaondRfw?expUeatr? ?t6 Certificate of Residence I, Lender Representative , do haraby certify that the correct address of the within-named Lander is 1111 Polaris P.arl" y, Columbus, Off 43240 Witness my hand this 23rd day of May, 2008 Lender Rep sentat i ve Agent or Lender at-U(PA) (osoa) 4418300623703 wi?dr ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717.240-6370 Instrument Number - 200819902 Recorded On 6/13/2008 At 2:13:25 PM * Instrument Type - MORTGAGE Invoice Number - 229% User 1If - AF * Mortgagor - CONKLIN, MICHAEL S * Mortgagee - JPMORGAN CHASE BANK N A * Customer - SETTLEMENT ESCROW & ABSTRACT * nzs STATE WRIT TAR $0.50 STATZ JCS/ACCESS TO $10.00 JUSTrcE smeo nw FEES - $23.50 RICORD>SR OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCUMS NSE $2.00 ROD ARCH M8 FEE $3.00 TOTAL PAID $50.50 * Total Pages - I I Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA RECORDZfR' O D S "- Information denoted by an asterisk may chanp during the vetirgendon preens and may not be reflected on this page. Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 August 14, 2010 Return Service Requested 0-746-49604-0000057-001-011-100-000-000 MICHAEL S CONKLIN 540 HILLCREST DR CARLISLE PA 17015-4332 Your house is your home. We want to keep it that way. We need to talk--call (800) 848-9380 today. CHASE O You're going through tough times-we can help. In fact, we believeyour home loan may be eligible for a loan modification program we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at (800) 848-9380 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling us-the fewer chances you may have to keep your home. It will only take a few minutes on the phone-one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available-call us now and let's see which one will work best for you. We are committed to working with you to find a way to help you keep your honVbut you must call us immediately at (800) 848-9380-the longer you delay the fewer options you may have. Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone P.S. The enclosed legal letter outlines, in detail, your current situation andthe consequences that will occur unless we receive the required financial information from you and can approve you for a modification.Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay--call us now at (800) 848-9380. FCL MTM ? 11 1 Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 August 14, 2010 0-746-49604-0000057-001-011-100-000-000 MICHAEL S CONKLIN 540 HILLCREST DR CARLISLE PA 17015-4332 Acceleration Warnin (Notice of Intent to Foreclose) Account:i Property Address: 540 HILLCREST DR CARLISLE, PA 17013 (the "Property") Dear Mortgagor(s): ACT 91 NOTICE CHASE O TAKE ACTION TO SAVE YOUR HOME FROM FOI'ECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at (800) 342-2397. (Persons with impaired hearing may call [717] 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA RvIPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS LOAN ACCT. NUMBER: CURRENT LENDER/SERVICER: MICHAEL S CONKLIN TIFFANY R CONKLIN 540 HILLCREST DR CARLISLE, PA 17013 Chase Home Finance LLC HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE REASONABLE PROSPECTS OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three [3] days for mailing). During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Program Application with one of the designated Consumer Credit Counseling Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to Pennsylvania Housing Finance Agency and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PENNSYLVANIA HOUSING FINANCE AGENCY WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The Mortgage debt held by the above lender on your property located at: 540 HILLCREST DR, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 11/01/2008 through 08/14/2010, and the following amounts are now past due. If you have any questions about the amounts below, please contact us as soon as possible at (800) 848-9380. Total Monthly Payments Past Due: $29,108.25 Late Charges: $1,058.61 Other Fees: $942.00 TOTAL AMOUNT DUE TO CURE DEFAULT : $31,108.86 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $31,108.86 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. Accounts not including an escrow monthly deposit may not reflect the entire escrow amount advanced and due on the loan. Payments must be made in the form of cash, cashier's check, money order, or certified check and sent to: Regular Mail: Chase Home Finance LLC PO BOX 78420 Phoenix, AZ 85062-8420 Overnight Mail: Chase Home Finance LLC Attention PO BOX 78420 1820 East Sky Harbor Circle South Phoenix, AZ 85034-9700 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30)-DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30)-DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff s sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the sheriff s sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a sheriff's sale of the mortgaged property could be held would be approximately five to six (5-6) months from the date of this Notice. A notice of the actual date of the sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-mail Address: Chase Home Finance LLC Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 (800) 848-9380 (614) 422-7912 Justin Powell-Wilburn Justin.I.Powell-Wilburn@chase.com EFFECT OF SHERIFF'S SALE--You should realize that a sheriffs sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff s sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility, you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 to discuss your options. The longer you delay the fewer options you may have. Chase Home Finance LLC is attempting to collect a debt, and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Sincerely, Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone Enclosures 1. HEMAP Consumer Credit Counseling Agencies 2. Homeowner's Assistance Brochure CERTIFIED MAIL: Return Receipt Requested and First Class Mail BR860 Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 August 14, 2010 Return Service Requested a74649604-0000058.001-01 1-100-000-000 TIFFANY R CONKLIN 540 HILLCREST DR CARLISLE PA 17015-4332 Your house is your home. We want to keep it that way. We need to talk--call (800) 848-9380 today. CHASE O You're going through tough times-we can help. In fact, we believeyour home loan may be eligible for a loan modification program-we may be able to change the term of your loan, the interest rate, and maybe even the principal due date, to reduce the monthly payment to an amount you can afford. Call us today at (800) 848-9380 so we can help you turn things around. We'll discuss your current situation (outlined in the enclosed letter) and the options available to you. But we cannot stress enough that the longer you delay calling us•the fewer chances you may have to keep your home. It will only take a few minutes on the phone-one of our Loan Specialists will work with you to determine the option that best fits your needs. There are several options available-call us now and let's see which one will work best for you. We are committed to working with you to find a way to help you keep your homyebut you must call us immediately at (800) 848-9384-the longer you delay the fewer options you may have. Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone P.S. The enclosed legal letter outlines, in detail, your current situation andthe consequences that will occur unless we receive the required financial information from you and can approve you for a modification.Once you call us with the information needed, then we can work together to determine the option that will work best for you. We cannot guarantee that you will be approved, but your only chance of saving your home is by contacting us immediately. Please don't delay--call us now at (800) 848-9380. FCL MTM Chase Home Finance LLC (FL5-7734) PO BOX 44090 Jacksonville, FL 32231-4090 August 14, 2010 0-746-49604-0000058-001-011-100-000-000 TIFFANY R CONKLIN 540 HILLCREST DR CARLISLE PA 17015-4332 Acceleration Warnin (Notice of Intent to Foreclose) Account: ? Property Address: 540 HILLCREST DR CARLISLE, PA 17013 (the "Property") Dear Mortgagor(s): ACT 91 NOTICE CHASE O TAKE ACTION TO SAVE YOUR HOME FROM FOITECLOSURE This is an official Notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address, and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll-free at (800) 342-2397. (Persons with impaired hearing may call [717] 780-1869.) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA B4PORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDRVHR SU HIPOTECA. HOMEOWNER'S NAME(S): MICHAEL S CONKLIN MICHAEL S CONKLIN PROPERTY ADDRESS: 540 HILLCREST DR CARLISLE, PA 17013 LOAN ACCT. NUMBER: ? CURRENT LENDER/SERVICER: Chase Home Finance LLC HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE. • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE REASONABLE PROSPECTS OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three [3] days for mailing). During that time, you must arrange and attend a "face-to-face" meeting with one of the Consumer Credit Counseling Agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If you meet with one of the Consumer Credit Counseling Agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses, and telephone numbers of designated Consumer Credit Counseling Agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowners' Emergency Assistance Program Application with one of the designated Consumer Credit Counseling Agencies listed at the end of this Notice. Only Consumer Credit Counseling Agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to Pennsylvania Housing Finance Agency and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN THIRTY-THREE (33) DAYS OF THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH THE PENNSYLVANIA HOUSING FINANCE AGENCY WITHIN THIRTY (30) DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE ACTION AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARY STAY OF FORECLOSURE." YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION--Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT--The Mortgage debt held by the above lender on your property located at: 540 HILLCREST DR, CARLISLE, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS starting 11/01/2008 through 08/14/2010, and the following amounts are now past due. If you have any questions about the amounts below, please contact us as soon as possible at (800) 848-9380. Total Monthly Payments Past Due: $29,108.25 Late Charges: $1,058.61 Other Fees: $942.00 TOTAL AMOUNT DUE TO CURE DEFAULT : $31,108.86 HOW TO CURE THE DEFAULT--You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $31,108.86 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)-DAY PERIOD. Accounts not including an escrow monthly deposit may not reflect the entire escrow amount advanced and due on the loan. Payments must be made in the form of cash, cashier's check, money order, or certified check and sent to: Regular Mail: Chase Home Finance LLC PO BOX 78420 Phoenix, AZ 85062-8420 Overnight Mail: Chase Home Finance LLC Attention PO BOX 78420 1820 East Sky Harbor Circle South Phoenix, AZ 85034-9700 0 1 IF YOU DO NOT CURE THE DEFAULT--If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON--The mortgaged property will be sold by the sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney fees actually incurred by the lender even if they exceed $50.00. Any attorney fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30)-DAY period, you will not be required to pay attorney fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30)-DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney fees and costs connected with the foreclosure sale and any other costs connected with the sheriff's sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a sheriff's sale of the mortgaged property could be held would be approximately five to six (5-6) months from the date of this Notice. A notice of the actual date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: Contact Person: E-mail Address: Chase Home Finance LLC Mail Code OH4-7356 3415 Vision Drive Columbus, OH 43219-6009 (800) 848-9380 (614) 422-7912 Justin Powell-Wilburn Justin.I.Powell-Wilburn@chase.com EFFECT OF SHERIFF'S SALE--You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriff's sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE--You might be eligible to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. To determine eligibility, you must contact our office to verify the assumability of your property. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. An important reminder for all our customers: As stated in the "Questions and Answers for Borrowers about the Homeowner Affordability and Stability Plan" distributed by the Obama Administration, "Borrowers should beware of any organization that attempts to charge a fee for housing counseling or modification of a delinquent loan, especially if they require a fee in advance." Chase offers loan modification assistance free of charge (i.e., no modification fee required). Please call us immediately at (800) 848-9380 to discuss your options. The longer you delay the fewer options you may have. Chase Home Finance LLC is attempting to collect a debt, and any information obtained will be used for that purpose. We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. Sincerely, Collections Department Chase Home Finance LLC (800) 848-9380 (800) 582-0542 TDD / Text Telephone Enclosures 1. HEMAP Consumer Credit Counseling Agencies 2. Homeowner's Assistance Brochure CERTIFIED MAIL: Return Receipt Requested and First Class Mail BR860 % .i VERIFICATION 712-W hereby states that he/she is Vice President of Chase Home Finance, LLC, in this matter and is authorized to make this Verification. The statements of fact contained in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. DATE: 1 -7? Nai : ?- AiL" -K= Title: ice President Company: S&D FILE NO: 10-038609 Michael S. Conklin and Tiffany R. Conklin SHERIFF'S OFFICE OF CUMBERLAND COUNTY : , ,.A, , Ronny R Anderson : -.j Sheriff ?tintr of aui,f r,y, Z r - Jody S Smith & ?b c?? N ?; T Chief Deputy "?' -- %0 e:1 Richard W Stewart a, Solicitor f*, Chase Home Finance LLC Case Number vs. Michael S. Conklin (et al.) 2011-3802 SHERIFF'S RETURN OF SERVICE 06/02/2011 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: Michael S. Conklin, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Monroe County, Pennsylvania to serve the within Complaint In Mortgage Foreclosure according to law. 06/13/2011 12:15 PM - Monroe County Return: And now June 13, 2011 at 1215 hours I, Todd A. Martin, Sheriff of Monroe County, Pennsylvania, do hereby certify and return that I served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Michael S. Conklin by making known unto himself personally, at The Monroe County Sheriffs Office, 610 Monroe Street, Stroudsburg, Pennsylvania 18360 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.00 June 17, 2011 SO ANSWERS, ROW R ANDERSON, SHERIFF (c) Cpun}ySuite 13hPrM, I ejeosoft. Inc. G94662 AMY, CLERK REC 6/1/2011 EXP 7/1/2011 ADV $150.00 TOTAL COST $18.28 REFUND $131.72 PD PLFF SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson al°„n??? L?ra?r! r U Sheriff Jody S Smith Richard W Stewart Chief Deputy Solicitor Chase Home Finance LLC Case Number vs. Michael S. Conklin (et al.) 2011-3802 0 N 0) N 0 a X W 0 M 0 Q IL C6 W Z a O Z O U O a U 0 X O m o? 0 V s SERVICE COVER SHEET Service Details: Category: Civil Action - Complaint in Mortgage Foreclosure Zone: Manner. Deputize Expires: 06/29/2011 Warrant: Notes: Serve To: Name: =Michael S. Conklin Primary MC 89 BOX 18C Address: Pocono Pines, PA 18350 Phone: Alternate S GlLrtf M G 5 V p ?, Address: M O V toe G??,?? Lo.iQA?r Phone: X10 1K o,Vi4-ve- 6lctof Name: Shapiro & DeNardo LLC Date: Time: 1001, J Deputy: Mileage: c_-Id,.,A A. ,bj?k,`SHERIFF Phone: 610-278-6800 Service Attempts: Date: 4" 0 Time: 0 Mileage: 04 Deputy. Notes f Special Instructions: vi J W Q V Now, June 02, 2011 I, Sheriff of Cumberland County, Pennsylvania do hereby deputize the Sheriff of Monroe County to 2 execute service of the documents herewith and make return thereof according to law. z J Return To: Z Cumberland County Sheriffs Office U One Courthouse Square '-- Carlisle, PA 17013 onny R Anderson, Sheriff WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 11-3802 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CHASE HOME FINANCE, LLC Plaintiff (s) From MICHAEL S. CONKLIN and TIFFANY R. CONKLIN (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: $218,417.23 L.L.: $.50 Interest July 19, 2011 to December 7, 2011 is $9,011.90 Atty's Comm: % Due Prothy: $2.00 Arty Paid: $15Y, 55-0 Other Costs: Plaintiff Paid: Date: 7/21/11 J- David D. Buell, Proth notary (Seal) Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO, ESQUIRE Address: 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 78447 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: Chase Home Finance, LLC PLAINTIFF vs. () Confessed Judgment () Other File No. Ct h Amount Due $218,417.23 Interest July 19, 2011 to December 7, 2011 is $9,011.90 Atty's Comm Costs Michael S. Conklin and Tiffany R. Conklin' rri Co DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installrr afe, c 'ct, or account based on a confession of judgment, but if it does, it is based on the appropriate or* gal p e?Meao filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as a tle(t3 ;;=F7 z r} Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest aM co-Sts, upon the following described property of the defendant(s) See attached Legal Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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: Signature: _ Print Name: Christopher A. DeNardo, Esquire 4) Address: 3600 Horizon Drive, Suite 150 QA-1 King of Prussia, PA 19406 Attorney for: Plaintiff s ? lQ C>D Ct? s 3-, co a r PA soI - ,CIN 4 9 01 CL s J_Q 00 Supreme Court ID # PA Bar # 78447 ?.Ou l7. ue ?0. . SO LLI ?e?- acs a-? ao wri-4 &? tr7 J-Ss-,?_td ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Hillcrest Drive, on the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned Plan of Lots; thence by dividing line, South 77 degrees 35 minutes 33 seconds West 150.76 feet to a point; thence North 14 degrees 36 minutes West 99.37 feet to a point; thence by the dividing line between Lots Nos. 36 and 37 on said Plan of Lots, North 75 degrees 24 minutes East 150 feet to a point on the Western side of Hillcrest Drive; thence by the Western side of said Drive, South 14 degrees 36 minutes East 105 feet to the Place of beginning. BEING Lot No. 37 of Section "A" of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, page 35. BEING improved with a ranch type dwelling house with attached carport known as No. 540 Hillcrest Drive, Carlisle, Pennsylvania. PARCEL No. 40-24-0758-016 BEING the same premises which Helen S. Purvis, Widow, by her Attorney-In-Fact, Robert J. Purvis, by Deed dated June 29, 2007 and recorded in the Cumberland County Recorder of Deeds Office on July 2, 2007 in Deed Book 280 page 3897, granted and conveyed unto Michael S. Conklin and Tiffany R. Conklin, husband and wife. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS 4 0NOTA?,, , 2I k I w0 ,13MBERLAND COUNTY PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 AFFIDAVIT PURSUANT TO RULE 3129.1 . Chase Home Finance, LLC, 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 located at 540 Hillcrest Drive, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 2. Name and address of :Defendants in the judgment: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 3. 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 3415 Vision Drive Columbus, OH 43219 4. Name and address of the last recorded holder of every mortgage of record: Chase Home Finance, LLC, Plaintiff 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 540 Hillcrest Drive Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject: to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: A5--Z-? Christopher A. DeNardo, Esquire 10-038609 PROTHONOTAk SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ; ?? i0? ATTORNEY I.D. NO: PA Bar # 78447 5 3) 3600 HORIZON DRIVE, SUITE 150 °iBERLAND COUNTY KING OF PRUSSIA, PA 19406 PENNSYLVANIA TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC COURT OF COMMON PLEAS PLAINTIFF CIVIL DIVISION VS. CUMBERLAND COUNTY Michael S. Conklin and Tiffany R. Conklin DEFENDANTS NO: 11-3802 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael S. Conklin 540 Hillcrest Drive! Carlisle, PA 17013 Your house (real estate) at: 540 Hillcrest Drive, Carlisle, PA 17013 40-24-0758-016 is scheduled to be sold at Sheriff s Sale on December 7, 2011 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $218,417.23 obtained by Chase Home Finance, LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to Chase Home Finance, LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE, OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-038609 ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Hillcrest Drive, on the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned Plan of Lots; thence by dividing line, South 77 degrees 35 minutes 33 seconds West 150.76 feet to a point; thence North 14 degrees 36 minutes West 99.37 feet to a point; thence by the dividing line between Lots Nos. 36 and 37 on said Plan of Lots, North 75 degrees 24 minutes East 150 feet to a point on the Western side of Hillcrest Drive; thence by the Western side of said Drive, South 14 degrees 36 minutes East 105 feet to the Place of beginning. BEING Lot No. 37 of Section "A" of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, page 35. BEING improved with a ranch type dwelling house with attached carport known as No. 540 Hillcrest Drive, Carlisle, Pennsylvania. PARCEL No. 40-24-0758-016 BEING the same premises which Helen S. Purvis, Widow, by her Attorney-In-Fact, Robert J. Purvis, by Deed dated June 29, 2007 and recorded in the Cumberland County Recorder of Deeds Office on July 2, 2007 in Deed Book 280 page 3897, granted and conveyed unto Michael S. Conklin and Tiffany R. Conklin, husband and wife. • SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS s;?"?Ttf NOTARY " ' ,)SERLAND COUNTY 1'E- Nit, 65' Y L V A N I A COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $218,417.23 in favor of the Plaintiff and against the Defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as staged in the Complaint: $180,399.29 $29,766.00 $1,164.45 $6,659.99 ($1,200.00) $1,627.50 $218,417.23 Christopher A. DeNardo, Esquire Attorney for Plaintiff AND NOW, judgment is entered in favor of the Plaintiff and against the Defendants and damages are assessed as above in the sum of $218,417.23. Pro. Prothy. 10-038609 QrNA}T, ?y.oo'f 4 0 1? e t tm 3101914 ? V- ra-a&aLaO 11 Principal of Mortgage Debt Due and Unpaid Interest through July 17, 2011 Late Charges Escrow Advances Suspense/Unapplied Balance Attorney Fees & Costs of Foreclosure TOTAL BY. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC CHE - Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 PLAINTIFF VS. Michael S. Conklin and. Tiffany R. Conklin DEFENDANT(S) STATE OF: Pennsylvania COUNTY OF: Montgomery COURT OF COMMON PLEAS CUMBERLAND COUNTY 11-3802 AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon information contained in the records of the Plaintiff or servicing agent of the Plaintiff and that the above captioned Defendants last known address is as set forth in the caption and they are not to the best of our knowledge, information or belief, in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. SHAPIRO & DENARDO, LLC By: Z?? Christopher A. DeNardo, Esquire Sworn to and subscribed L? before me this f? day ,2011. otary Public nH of pENNSYLVANIA "oodol , wry Public ]snit M• Sark t county Upper Merlon',, Mon = 19, 2014 My ednn ation of notaries Member. Penn?? w SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I. D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038601) Chase Home Finance, LLC PLAINTIFF • COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Michael S. Conklin and Tiffany R. Conklin NO: 11-3802 DEFENDANTS CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, July 6, 2011 to the following Defendants: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Michael S Conklin, HC 89 BOX 18C, Pocono Pines, PA 18350 I i I Sheena M er,f;Legal As," tant to Christopher A. DeNardo, Esquire for Shapiro & DeNardo, LLC 1 • SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE, NO. 10-038609 Chase Home Finance, LLC PLAINTIFF ; VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS • COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Michael S. Conklin DATE OF NOTICE: July fi, 2011 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Michael S Conklin, HC 89 I3OX 18C, Pocono Pines, PA 18350 Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. ; Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Tiffany R. Conklin DATE OF NOTICE: July Ei, 2011 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. j • • NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Michael S Conklin, HC 89 BOX 18C, Pocono Pines, PA 18350 Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE, NO. 10-038609 Chase Home Finance, LLC PLAINTIFF ; VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS • COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Michael S Conklin DATE OF NOTICE: July 6, 2011 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Michael S Conklin, HC 8913OX 18C, Pocono Pines, PA 18350 Christopher A. DeNardo, Esquire Shapiro & DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3 802 CERTIFICATE OF SERVICE I, Christopher A. DeNardo, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Michael S Conklin, HC 89 BOX 18C, Pocono Pines, PA 18350 Date Mailed: l-")0-11 SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff) is: Chase Home Finance, LLC 3415 Vision Drive Columbus, OH 43219 and that the last known addresses of the judgment debtors (Defendants) are: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 "Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff 10-038609 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsyly 'a, you are hereby notified that a Judgment has been entered against you in the above proce ing ;Kdi--a-,A below. Proth "" [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration [ ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary 1'O: Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the jabove edi s indicated below. ,r. [ XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse I Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsy vania, you are hereby notified that a Judgment has been entered against you in the jabbovepr edi s i ed below. [XX] Judgment by Default [ ] Judgment for Possession [ ] Judgment on Award of Arbitration ] Judgment on Verdict [ ] Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY CHRISTOPHER A. DENARDO, ESQUIRE AT (610)278-6800. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF raa „f t ?dt..6r. V ailfi "c `J• n a?; YLVAH11, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS NO: 11-3802 MOTION FOR SERVICE PURSUANT TO COURT ORDER Plaintiff, by its counsel, Shapiro & DeNardo, LLC moves this Honorable Court for an Order pursuant to Pa. R.C.P. 3129.2(c)(1)(i)(C) and 430 permitting alternative service of the Notice of Sheriffs Sale upon Defendants, Michael S. Conklin and Tiffany R. Conklin, by sending a true and correct copy by simultaneous certified and regular mail; and by posting a true and correct copy on the mortgaged property that is the subject of the above-captioned mortgage foreclosure action; and in support thereof avers the following: On April 20, 2011, Plaintiff filed its complaint in mortgage foreclosure against the above-captioned Defendants for the property located at 540 Hillcrest Drive, Carlisle, PA 17013 (hereinafter "Property"). 2. Plaintiff obtained a default judgment against the Defendants on or around July 21, 2011. Shortly thereafter, Plaintiff caused the Property to be listed for the December 7, 2011 Cumberland County Sheriffs sale. 4. Plaintiff forwarded the Notice of Sheriffs Sale, pursuant to Pa R.C.P. 3129.2(a) to the Cumberland County Sheriff in order to effectuate personal service upon Defendants, Michael S. Conklin and Tiffany R. Conklin. 5. The Cumberland County Sheriff's attempts to serve Defendants, Michael S. Conklin and Tiffany R. Conklin, with the Notice of Sheriffs Sale in accordance with Pa R.C.P. 3129.2(c)(1)(i)(A) have been unsuccessful, as reflected on the Sheriff's Return of Service, attached hereto as Exhibit "A," and made a part hereof. 6. Plaintiff postponed the Sheriffs sale of the Property because it has been unsuccessful in serving the Notice of Sale upon Defendants, Michael S. Conklin and Tiffany R. Conklin. Pursuant to Pa. R.C.P. 430, Plaintiff has made good faith efforts to locate Defendants, Michael S. Conklin and Tiffany R. Conklin. An Affidavit of Good Faith Investigation, which sets forth the specific inquiries made and the results thereof, is attached hereto as Exhibit "B" and made a part hereof. 8. The Affidavit of Good Faith Investigation reflects that 540 Hillcrest Drive, Carlisle, PA 17013 and HC 89 BOX 18C, Pocono Pines, PA 18350 are valid addresses for Defendants, Michael S. Conklin and Tiffany R. Conklin, respectively. See Ex. "B." 9. A Request for Change of Address or Boxholder, pursuant to 36 C.F.R. 265.6(d)(6)(ii), completed and certified by the Carlisle Pennsylvania Postmaster reflects the following: "Good as address/No change of address order on file" and " Moved, left no forwarding address." A true and correct copy thereof is attached hereto as Exhibit "C" and made a part hereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to serve the Notice of Sale on Defendants, Michael S. Conklin by (1) sending a true and correct copy thereof by simultaneous certified and regular mail to the last known address located at 540 Hillcrest Drive, Carlisle, PA 17013 and HC 89 BOX 18C, Pocono Pines, PA 18350 and Tiffany R. Conklin, by (2) sending a true and correct copy thereof by simultaneous certified and regular mail to the last known address located at 540 Hillcrest Drive, Carlisle, PA 17013, respectively; and (3) posting a true and correct copy thereof on the mortgaged property located at 540 Hillcrest Drive, Carlisle, PA 17013 by the Sheriff or any competent adult. SHAPIRO & DeNARDO, LLC BY: ` Christopher A. DeNardo, Esquire Attorney for Plaintiff S&D: 10-038609 SHERIFF'S OFFICE OF CUMBERLAND COUNTY r-? Ronny R Anderson Sheriff Jody S Smith Chief Deputy g Richard W Stewart Solicitor ??'??`'`` Chase Home Finance LLC vs. Michael S. Conklin (et al.) Case Number 2011-3802 SHERIFF'S RETURN OF SERVICE 09/29/2011 02:45 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 540 Hillcrest Drive, Carlisle, PA 17013, Cumberland County. 09/29/2011 02:45 PM - Deputy Valerie Weary, being duly sworn according to law, attempted service to the Defendant, to wit: Michael S. Conklin at 540 Hillcrest Drive, South Middleton Township, Carlisle, PA 17013. The address was found to be vacant. 09/29/2011 02:45 PM - Deputy Valerie Weary, being duly sworn according to law, attempted service to the Defendant, to wit: Tiffany R. Conklin at 540 Hillcrest Drive, South Middleton Township, Carlisle, PA 17013. The address was found to be vacant. 10/07/2011 Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Tiffany R. Conklin, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 540 Hillcrest Drive, Carlisle, PA 17013, defendant moved and did not leave a forwarding address. 10/07/2011 Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Michael S. Conklin, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 540 Hillcrest Drive, Carlisle, PA 17013, defendant moved and did not leave a forwarding address. SHERIFF COST: $910.94 SO ANSWERS, October 19, 2011 RON R ANDERSON, SHERIFF fi668? •, A%\ (M CounrySuite Shen "f. Teleosoft. Inc IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC; et seq. Plaintiff (Petitioner) MICHAEL S. CONKLIN; et al. Defendant (Respondent) CASE and/or DOCKET No.: 11-3802 Sheriffs Sale Date: 12-7-2011 AFFIDAVIT OF SERVICE ]..__. mplaint summons ' 10ther: NOTICE OF SALE I, _1, O N4T,* 1 C-0 certify that I am eighteen ears of age or of and that I am not a party to the action nor an employ?g nor relative of a party , and that I attempted to serve MICHAEL S. CONKLIN the above process on the day of 20j--, at ? _ o'clock, r M, at 1395 CUNNINGHAM ROAD SW, APT 1703 MARIETTA, GA 30008 Manner of Service: By handing a cop) to: An officer, partner, trustee, or registered agent of the Defendant organization who is not a plaintiff in the action* The manager, clerk, or other person for the time being in charge of a regular place of business or activity of the Defendant organization who is not a plaintiff in the action An agent authorized oy the Defendant organization in writing to receive service of process for it who is not a plaintiff in the action ] By handing a copy to the Defendant(s) By h.tndmg a copy at the residence of the Defendant(s) to an adult member of the family with whom he/she resides or to the adult person in charge of the residence because no adult fa,uily member was found * 7 By handing a copy at the residence of the Defendant(s) to the clerk or manager of the hotel, inn, apartment house or other place of lodging at which he/she resides 7 By i.anding a copy at the office or usual place of business of the Defendant(s) to the Defendant's(s') agent or to the person for the time being in charge thereof ] By posting a copy of the original process on the most public part of the property pursuant to an order of court * Name: Relationship/Title/Position: _ Remarks: Description: Approximate Age Height Weight Race Sex Hair Defendant was act served because: ( : Moved nknown ( No Answer F ` Vacant ]...... Other: ?c?cle4 0?z r4r& r1y%m 1.a Jen PO 1`T Jn n A30 Y) Service was attempted on the following dates/times: 1) - 2) 3) Commonweal Stat of Gf?4, ) ??b ) SS: County of ) Before me, the undzrsigned notary public, this da rsonally, appeared ^ 1 r to me known, who being duly swom according to law, .poses the fquawl pg: I h In at the s se fort in the foregoing Affidavit of Service are true and correct. Subs tbed and sw o bef re me / (Signature of Affian y\ Q`? ?j this day of 2pL. V QgY ?i ile Number.l0-038609 FA,? Notary Public ???? •?-IiNNE, % ?k• r IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC; et seq. Plaintiff (Petitioner) CASE and/or DOCKET No.: 11-3802 Sheriffs Sale Date: 12/7/2011 V. MICHAEL S. CONKLIN; et al. Defendant (Respondent) AFFIDAVIT OF NON-SERVICE Complaint Summons J Other: NOTICE OF SHERIFF'S SALE 1, DENISE HINKLE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve MICHAEL S. CONKLIN the above process on the 8 day of September, 2011, at 2:30 o'clock, PM, at PO BOX 18C POCONO PINES, PA 18350, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: Defendant was not served because: Moved Unknown No Answer Vacant ^r Other: PER KIM AT POCONO PINES POST OFFICE, ADDRESS DOES NOT EXIST, THERE IS NO PHYSICAL, ADDRESS LINKED TO A P.O.BOX 18C, AND P.O.BOX 18C IS NOT A PHYSICAL ADDRESS. Service was attempted on the following dates/times: 1) 2) 3) Commonwealth/State of SS: County of $??K t ) Before me, the undersigned notary public, this day, personally, appeared lttnisc H. (? _ to me known, who being duly sworn according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Non-Service are true and correct. U 09 4 111 Subscribed 97-- (Signature of A rant) this `I d20_h_ File Number: 10-038609 COMMONWEALTH before me OF PENNSYLVANIA Notary Public Notarial Seal Eric M. Affierbach, Notary Public Washington Twp., 6erks County i My Commisslon Expires Nov_ is, 2013 0 0 lmww? IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC; et seq. Plaintiff (Petitioner) V. MICHAEL S. CONKLIN; et al. Defendant (Respondent) CASE and/or DOCKET No.: 11-3802 Sheriff s Sale Date: 12/7/2011 AFFIDAVIT OF NON-SERVICE Complaint Summons J Other: NOTICE OF SHERIFF'S SALE I, DENISE HINKLE, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve MICHAEL S. CONKLIN the above process on the 9 day of August, 2011, at 1:00 o'clock, PM, at HC 89 BOX 18C POCONO PINES, PA 18350, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: Defendant was not served because: Moved Unknown No Answer Vacant J Other: PER NEIGHBOR IN APARTMENT A, JACKIE RODRIGUEZ, DEFENDANT RESIDES IN APARTMENT B, HE WORKS NIGHT- SHIFT, LEAVES AT 4PM, DRIVES A SILVER VEHICLE. NO ANSWER ON ATTEMPT, NO RESPONSE TO CARD LEFT TO ARRANGE FOR SERVICE. SERVER HAD TO GET DIRECTIONS FROM POST OFFICE, ADDRESS PROVIDED (HC 89 BOX 18C)IS NOT A PHYSICAL ADDRESS THAT COMES UP ON MAPS, ETC. ADDRESS IS T-644 A/K/A OLD ROUTE 940. Service was attempted on the following dates/times: 1) 8/5/11 8:45 AM 2) 8/6/116:45 PM 3) 8/9/11 11:45 AM Commonwealth/State of County of •trt'r ) SS: Before me, the undersigned notary public, this day, personally, appeared bc," Ac ,4,..0 4 to me known, who being duly sworn according to law, deposes the following: I hereby swear or affirm that the facts set forth in the foregoing Affidavit of Non-Service are true and correct. (Signature of Affiant) File Number: 10-038609 Subscribed and wo o before me this 10 day of 20/1 COMMONWEALTii OF PENNSYLVANIA Notary Public Notarial Seal Eric M. Atflerbach, Notary Public Washington Twp., Berks County My Commission Expires Nov. 18, 2013 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA CHASE HOME FINANCE, LLC; et seq. Plaintiff (Petitioner) V. MICHAEL S. CONKLIN; et al. Defendant (Respondent) CASE and/or DOCKET No.: 11-3802 Sheriffs Sale Date: 3/7/2012 AFFIDAVIT OF NON-SERVICE r Complaint Summons 91 Other: NOTICE OF SALE 1, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve TIFFANY R. CONKLIN the above process on the 22 day of November, 2011, at 9:00 o'clock, AM, at 5337 OXFORD CIRCLE, AP" 67 MECHANICSBURG, PA 17055, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: Defendant was not served because: E Moved El Unknown L71 No Answer ? Vacant "_+r# Other: NO ANSWER, PER NEIGHBOR DEFENDANT RESIDES. NO RESPONSE TO CARD LEFT TO ARRANGE FOR SERVICE. Service was attempted on the following dates/times: 1) 11/17/2011 1:00 PM 2) 11/18/116:48 PM 3) 11/22/119:00 AM Commonwealth/State of {A• ) SS: County of Before me, the undersigned n tary public, this day, personally, appeared ILyww AtF0, 9 f to me known, who being duly sworn accord in law, deposes the following: I hereby swear or affirm t e facts set forth in the foregoing Affidavit of Non-Service are true and correct. File Number: 10-038609 Affiant) Subscribed and swo efore me this A3 day of ! ? , 20 N Notary Public ?„h?h.??,!": a"MTh f P Chlhlt`VI ?l VIA _____. . • Y I"?.TtVJa L, Al M Notarial Seal Eric M. Afflerbach, Notary Public Washington Twp., Berks County I My Commission Expires Nov. 18, 2013 Coigfidential "Investigative Services, Inc. ATTENTION: Meghan Williams Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 File #: 10-039609 Plaintiff: Chase Home Finance, LLC County: Cumberland VS. Term #: 11-3802 Defendant: Michael S. Conklin and Tiffany R. Conklin Locate: Michael S. Conklin Address Given: 540 Hilicrest Drive, Carlisle, PA 17013 AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 540 Hilicrest Drive, Carlisle, PA 17013 2) 1395 Cunningham Road SW, Marietta, GA 30008 3) PO Box 18C, Pocono Pines, PA 18350 INQUIRY OF THE CREDIT BUREAU The credit bureau reports that the most recent address of the subject is PO Box 18C, Pocono Pines, PA 18350. SEARCH OF COBB COUNTY GEORGIA PROPERTY RECORDS Search conducted reveals that the subject does not own the property in Cobb County, GA 30008. INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation reports that operator license numberis is issued to Michael Sean Conklin of 540 Hilicrest Drive, Carlisle, PA 17015. The license expired as of June 19, 2010. Please note that the subject's license record type is Out of State. INQUIRY OF U.S. POST OFFICE (FOIA) Requests have been forwarded to the Carlisle, Marietta, and Pocono Pines Post Offices. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports no listings issued to the subject in Carlisle, PA 17013. The telephone company operator reports no listings issued to the subject in Marietta, GA 30008. CONTACTS 1) No neighbors could be contacted to confirm the subject's residency. 2) There are no neighbors with published listings within the pr Ami of 1 95 Cunningham Road, Apt. 1703, Marietta, GA 30008. Contact could not be made at (CCCSB Dual Diagnosis Apartments) as notification advises that the number has been disconnected. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE BJE O THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. AFFIANT: DIANE AN, LI 235 South 13th Street Philadelphia, PA 19107 (215) 546-7400 (800) 503-7400 Fax (215) 985-0169 SWORN & SU SCRIBED BEFORE ME TI-IISC;??3rcl r OF 1 2011 MO COM AI?YA r- -.J r- AL714 [-- xh;L I- , "A A NOTARIAI. SBA4 ERICA ROBERTSON, N ?y Pulor ? = CRY of fthdowk. Report Results - This Form Produced by Equifax I User Reference: DIANE Inmuirv Information: .1 Date of Inquiry: 08/12/2011 UserID: DIANE Subject Information: Name: SSN: Conklin, michael Current Address: 540 hillcrest DR carlisle, PA 17013 Report Results Page 1 of 1 SSN AFFIRM - INQUIRY SSN ASSOCIATED WITH C ONSUMER * ADDRESS DISCREPANCY - NO SUBSTANTIAL DIF FERENCE OCCURRED ****************************************** *********************************** * 199 EQUIFAX INFORMATION SERVICES LLC, P O BOX 740241, ,ATLANTA,GA,30374-0241,800/685-1111 ,WWW.EQUIFAX.COM/FCRA *CONKLIN,MICHAEL SINCE 05/01/97 FAD 04/ 04/11 FN-284 540,HILLCREST,DR,CARLISLE, PA,17015,TAPE R PTD 08/07 1395,CUNNINGHAM,RD SW APT 1703,MARIETTA,G A,30008,TAPE RPTD 11/08 PO,BOX 18C „ POCONO PINES, PA, 18350, TAPE RP TD 06111 BDS , 01 ES-,M N LDS& END OF REPORT EQUIFAX AND AFFILIATES - 0 8/12/11 https://www.eport.equifax.con/edat/servlet/com.equifax.gt.edat.ui.ResultRouter 8/12/2011 kjzWNlb%LVeuq.LA ur•rrumtriz_v. v. -•__ BUREAU OF DRIVER L CENSING BASIC DRIVER INFO tMATION AUG 18 2011 DRIVER: MICHAEL SEAN CONKLIN DRIVER LICENSE NO 540 H:LLCREST DR rEOCORD TE OF BERTH CARLISLE, PA 17015 X MALE TYPE OUT OF STATE DRIVER LICENSE (DL) LICENSE CLASS : C M LICENSE ISSUE DATE: MAY 31 2006 LICENSE EXPIRES : JUN 19 2010 ORIG ISSUE DATE : SEP 02 1994 MED RESTRICTIONS : NONE LEARNER PERMITS LICENSE STATUS COMMERCIAL DRIVER LICENSE (C)L) DL LICENSE CLASS . DL LICENSE ISSUED : DL LICENSE EXPIRES: DL ENDORSEMENTS : NONE DL RESTRICTIONS : NONE DL LEARNER PERMITS: DL LICENSE STATUS : ISB ENDORSEMENT PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED . PL LICENSE EXPIRES : PL LICENSE STATUS . OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS OLL LICENSE ISSUED OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** *** END OF RECORD i CCCSB Dual Diagnosis Apts 1395 Cunningham Rd SW Marietta, GA 30008-4032 1Sc0NN?c AP-6 t--r&3 t?,'onfidential Investigative Services, Inc. ATTENTION: Meghan Williams Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 File #: 10-038609 Plaintiff: Chase Home Finance, LLC County: Cumberland vs. Term #: 11-3802 Defendant: Michael S. Conklin and Tiffany R. Conklin Locate: Tiffany R. Conklin Address Given: 540 Hillcrest Drive, Carlisle, PA 17013 AFFIDAVIT OF GOOD FAITH INVESTIGATION LAST KNOWN ADDRESS 1) 540 Hilicrest Drive, Carlisle, PA 17013 2) 5337 Oxford Circle, Apt. 67, Mechanicsburg, PA 17055 INQUIRY OF THE CREDIT BUREAU The credit bureau reports that the most recent address of the subject is 5337 Oxford Circle, Apt. 67, Mechanicsburg, PA 17055. INQUIRY OF THE PENNSYLVANIA DEPARTMENT OF TRANSPORTATION The Pennsylvania Department of Transportation reports that operator license number is issued to Tiffany R. Conklin of 540 Hillcrest Drive, Carlisle, PA 17015. The license is current and not due to expire until May 28, 2014. Please note that the subject's license is a Commercial Driver's License. INQUIRY OF U.S. POST OFFICE (FOIA) Requests have been forwarded to the Carlisle and Mechanicsburg Post Offices. SEARCH OF LOCAL TELEPHONE DIRECTORIES & PHONE COMPANY OPERATOR CONTACT The telephone company operator reports no listings issued to the subject in Carlisle, PA. The telephone company operator reports a non-published phone number issued to Tiffany R. Conklin at 5337 Oxford Circle, Apt. 67, Mechanicsburg, PA 17055. CONTACTS 1) No neighbors could be contacted to confirm the subject's residency. 2) Mr. Martell, a resident of 5340, Apt. 54, states that he is not familiar with the subject. Contact was made with a female at 5337 (no unit number was provided) who advises that the number reached is not the Kelleher residence. Contact was made with a female at neighboring address 5337 (no unit number provided) who indicates that the number reached is a business. No further information was provided. No other neighbors could be contacted to confirm the subject's residency. I CERTIFY UNDER PENALTY OF PERJURY, THAT THE FOREGOING IS TRUE AND CORRECT, TO THE BEST OF MY KNOWLEDGE. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE S JECT THE PENALTIES RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. AFFIANT: LANE COWAN, CLI 235 South 13th Street SWORN & SUBSCRIBED BEFORE ME TMSCPN Philadelphia, PA 19107 OF bbl l coMMOM MIA` (215) 546-7400 - NOTARW (800) 503-7400 ERICA R09ER1'$Q Fax (215) 985-0169 a_ihk 2014 Report Results - This Form Produced by Equifax User Reference: DIANE Inquiry Information: Date of Inquiry: 10/27/2011 UserID: DIANE Subject Information: Name: SSN: Conklin, tiffany Current Address: 540 hillcrest DR carlisle, PA 17013 Page 1 of 1 Report Results SSN AFFIRM - INQUIRY SSN ASSOCIATED WITH CONSUMER * ADDRESS DISCREPANCY - NO SUBSTANTIAL DIFFERENCE OCCURRED * 199 EQUIFAX INFORMATION SERVICES LLC, P O BOX 740241, ,ATLANTA, GA, 30374-0241,800/685-1111 ,WWW.EQUIFAX.COM/FCRA *CONKLIN,TIFFANY,R SINCE 03/31/92 FAD 0 5/14/11 FN-320 540,HILLCREST,DR,CARLISLE, PA,17015,TAPE R PTD 05/09 1395, CUNNINGHAM, RD SW APT 1703, MARIETTA,0 A, 30008, TAPE RPTD 11/08 5337,OXFORD,CIR APT 67, MECHANICSBURG, PA, 1 7055,TAPE RPTD 07/11 FN-DUNN,TIFFANY,R FN-MULVANEY,TIFFANY,R 1 ES-,WINTERS ROOFING 02 EF-DRIVER,TRL 03 E2-,SELF T R M INC& END OF REPORT EQUIFAX AND AFFILIATES - 1 0/27/11 httns://www.ennrt.eaui fax.com/etiat/seTviet/enm_enui fax_ at.erlat. id. R ec::ItR ni iter 10/77/9.011 PENNSYLVANIA UrsrAtcrriza-r yr •rxeuv7rUlVrATlVbl BUREAU OF DRIVER LICENSING BASIC DRIVER INFORMATION OCT 28 2011 DRIVER: TIFFANY R CONKLIN DRIVER LICENSE NO 540 HILLCREST DR DATE OF BIRTH CARLISLE, PA 17015 SEX ; EMAL RECORD TYPE REG LICENSE DRIVER LICENSE (DL) LICENSE CLASS LICENSE ISSUE DATE: MAY 24 2010 LICENSE EXPIRES ORIG ISSUE DATE : OCT 08 1998 MED RESTRICTIONS : NONE LEARNER PERMITS LICENSE STATUS ; COMMERCIAL DRIVER LICENSE (CDL) CDL LICENSE CLASS : CDL LICENSE ISSUED : CDL LICENSE EXPIRES: CDL ENDORSEMENTS CDL RESTRICTIONS CDL LEARNER PERMITS: CDL LICENSE STATUS SB ENDORSEMENT A* MAY 24 2010 MAY 28 2014 T NONE PROBATIONARY LICENSE (PL) PL LICENSE CLASS PL LICENSE ORIG ISS: PL LICENSE ISSUED : PL LICENSE EXPIRES : PL LICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL LICENSE CLASS : OLL LICENSE ISSUED : OLL LICENSE EXPIRES: OLL LICENSE STATUS : *** END OF RECORD *** Sherry A Kuffa 547 Hillcrest Dr Carlisle, PA 17015-4333 -- Adrianne E Storr 532 Hillcrest Dr Carlisle, PA 17015-4332 Gregory R Derk 539 Hillcrest Dr Carlisle, PA 17015-4333 -- Joseph A Lyons Jr 524 Hillcrest Dr Carlisle, PA 17015-4332 ,r A Uinti xvi -1' fdt xkt,? 1 ? c ? v`jZ??.t ALT L `? Av\s w z{c,,, ti 5y? ,1Icr-Sa-?. James R Martell 5340 Oxford Cir, Apt 54 Mechanicsburg, PA 17055-4426 ?r Cassidy Kelleher IYI i , M,R 7-TLL-1-- 5337 Oxford Cir i,?f I Sii !? J 5?o k` w ? --'L'kC.X-< , Mechanicsburg, PA 17055-4425 , S +? T 14' f tl? Y re T i<Ie.? LC- Sharon P Anthony 5337 Oxford Cir, Apt 68 Mechanicsburg, PA 17055-4425 Keith Eisenstein 5337 Oxford Cir Mechanicsburg, PA 17055-4425 Tiffany R Conklin N? ,,1-iv nivv? 5337 Oxford Cir, Apt 67 Mechanicsburg, PA 17055-4425 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 August 12, 2011 Postmaster CARLISLE, PA 17013 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (if a boxholder) for the following: NAME & ADDRESS: Michael S. Conklin ADDRESS: 540 Hillcrest Drive Carlisle, PA 17013 NOTE: The name and last known address are required for change of address information. The name, if known, 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 or 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 a party acting pro se - except a corporation acting pro se must cite statute(s): N/A 3. The names of all known parties to this litigation: Chase Home Finance, LLC vs. Michael S. Conklin and Tiffany R. Conklin 4. The court in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND County 5. • The docket or other identifying number if one has been issued: 11-3802 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE, THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. §1001). 1 certify that the above information is true and that the address information is needed and wiii be used suiciy fur service of legal process in connection with actual or prospe tive,Rig? io ADDRESS: Shapiro & DeNardo, LLC ngnatur 3600 Horizon Drive, Suite 150 Meghan Williams King of Prussia, PA 19406 Legal Assistant S&D File Number: 10-038609 FOR POST OFFICE USE ONLY K Good As Addressed/No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given NAME and STREET ADDRESS Moved, left no forwarding address No such address • 3600 Horizon Drive, Suite 150 • King of Prussia, PA 19406 August 30, 2011 Postmaster MARIETTA, GA 30008 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (if a boxholder) for the following: NAME & ADDRESS: Michael S. Conklin ADDRESS: 1395 Cunningham Road SW Marietta, GA 30008 NOTE: The name and last known address are required for change of address information. The name, if known, 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 or 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 a party acting pro se - except a corporation acting pro se must cite statute(s): N/A 3. The names of all known parties to this litigation: Chase Home Finance, LLC vs. Michael S. Conklin and Tiffany R. Conklin 4. The court in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND County 5. The docket or other identifying number if one has been issued: 11-3802 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING T I iE SUBMISSiO i OI FALSE 1NF0iC%dA T iGN TO OBTAIN AND USE CHANGE OF ADDRESS iNFGRMATION Gi BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. §1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospective litigation. C' U? C' _A ADDRESS: Shapiro & DeNardo, LLC Signature 3600 Horizon Drive, Suite 150 Meghan Williams King of Prussia, PA 19406 Legal Assistant S&D File Number: 10-038609 FOR POST OFFICE USE ONLY Good As Addressed/No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given NAME and STREET ADDRESS Moved, left no forwarding address No such address oBs;s Nv h` . f o j ! .c t, j n P ? if ? t j ,- 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 August 30, 2011 Postmaster POCONO PINES, PA 18350 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (if a boxholder) for the following: NAME & ADDRESS: Michael S. Conklin ADDRESS: PO Box 18C Pocono Pines, PA 18350 NOTE: The name and last known address are required for change of address information. The name, if known, 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 or 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. Capactiy of R eques%er (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 a party acting pro se - except a corporation acting pro se must cite statute(s): N/A 3. The names of all known parties to this litigation: Chase Home Finance, LLC vs. Michael S. Conklin and Tiffany R. Conklin 4. The court in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND County 5. The docket or other identifying number if one has been issued: 11-3802 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDi<ESS INFORMATiON OR BOXI-ioLDL-R INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. §1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with t al or prospective lit?n. ? J r ADDRESS: Shapiro & DeNardo, LLC Signature 3600 Horizon Drive, Suite 150 Meghan Williams King of Prussia, PA 19406 Legal Assistant S&D File Number: 10-038609 ,I,/ FOR POST OFFICE USE ONLY Good As Addressed/No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given NAME and STREET ADDRESS Moved, left no forwarding address No such address 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 October 6. 2011 Postmaster CARLISLE, 13A 17013 Request for Change of Address or Boxhnlcler Information Needed for Service ofLegal Process I'lease furnidi the ncw- address or nanic and street address (ifa boxholder) for the follotvinp: NAME & ADDRESS: Tif`f'any R. Conklin ADDRESS: 540 Hillcrest Drive Carlisle:, PA 17013 NOTE: `t'ire. name aoJ last known address are required for change of address information. "l'lie mine, il'known, arid. post off4%? box addavss acre required for boxholdcr information. 17he following infornmrion is provided in accordance with 39 C FR 265.6(d)(6)(ii). There is no fee for providing boxholde:r information. 11te fee or providing, change of address information is waived in accordance with 39 CHI 265.6(d)(1) and (?) and corresponding Administrative Support Maturnl 352.41 and b. I. C;alr,160 V;TCgtaester(c. process server, attorney, pparty representing himsell): ATTORNEY. Statute m tc;'+alaation that empowers me to serve process (neat required when requester is an attorney or,a parr 'Ictitt-L" pr ) se - a\'c:ept a corporation acting prose; must cite statute(s): NIA 3. The names cat"all known parties to this litigation: Chase Monte Finance, L.LC vs. Mich ael S. Conl:lira and Tirrany R. Conklin The couri in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND Coca at h "l'lre dc?ckat or other idcntifiyin? tauuaber zf one lots bcctt isstl4d: I. I.-38fJ? The capacity in which this individual is to be served (e.g. defolid atit or witness): DI-TENDANT WARNING T1 Ira" SC BMISStOV 01' Ft'd.5F INFt}ltMATION TO OEITAIN,iND (.SF CI Ie1NUE OF ADDRESS INFOKMA 11C.t.": (>tt 11ON1101-01iR INFORMATION #tOtt.18;1' I't`I t {?IitGE2'IHAN`!`t ESt;RVIC OFI XGALE'ttC`,#CESSINC'ONNEL`HON ti'I"IIt.•1f'#'t.th#.tilt PROSPECTIVE 1-1116A I ION COULD RISUt;r IN avl IMINAL 111::`vAIJ ICS INCLUDING A FIN OF UP TO 51010 ltl OR INIPRISr)WNTN'l O1: (.".) TO AVOID PAYMENT C)I ri IE FFr FOR, C'1 IAN'61: QF ADDRESS INFORMATION OF £`.Ci1' IMOltti'I'kia` N 3 "r`1;,'?t`?.C?ti(if?(lttilltf ;fit?<.C.§-1(!t?t}, cr+til_r thrtt tiac t+l«yse tali n; ttimv is attar. atad tltsathr neitire iaat mantlaaaa k Heeded :aaad tVilG he usual 5:(Ieit^ #irr crvicc r?1'I? ?I isrur a to cartmciti??tt St?trtan? fj 3{;?eislti+rizt+n i?rice, 4uite l>Ea 3tr 1,h.ut V„ i i li llis K int- of Ptu-+a_ I'ri 11) 106 Let'.11 A1? is?xl1 S+tir71`it? :?uutlxr 10.O,iS601;+ FOR POST OFFICE USE ONLY Good As Addr.ssed/No changer oraddress order on pale. Nl,-.W ADDRESS or BOXE- OLDLR'S POSTIVIARK Not known nI ? ddress given N NIE and STRE LL"I* A L?DRESS M cavcJ, Iit no for.y,r di ngatddress No ;::?H ;:dcJre? t ?u Chase Home Finance, LLC vs. Michael S. Conklin and Tiffany R. Conklin VERIFICATION Christopher A. DeNardo, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO COURT ORDER are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC Date: 11 I? BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff S&D: 10-038609 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. ' Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the Court for a special Order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note A Sheriffs Return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of a good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As reflected on the attached Sheriff's Return of Service, the Cumberland County Sheriff s attempts to serve Defendants, Michael S. Conklin and Tiffany R. Conklin, with the Notice of Sheriffs Sale at the current address, in accordance with Pa R.C.P. 3129.2(c)(1)(i)(A) have been unsuccessful. See Ex. "A." Good faith efforts to discover the whereabouts of Defendants, Michael S. Conklin and Tiffany R. Conklin, have been made, as evidenced by the numerous inquiries set forth in the attached Affidavit of Good Faith Investigation. See Ex. "B." The Affidavit of Good Faith Investigation reflects that 540 Hillcrest Drive, Carlisle, PA 17013 and HC 89 BOX 18C, Pocono Pines, PA 18350, respectively are valid addresses. See Ex. "B." However, the Sheriff's Return of Service for that address states otherwise. As reflected in the Affidavit of Good Faith Investigation, inquiries have been made to the following persons and entities: 1. Defendant's creditors; 2. Directory Assistance; 3. Defendant's neighbors; 4. United States Postal Service; 5. Pennsylvania Department of Transportation, Driver and Vehicle Services; and 6. Pennsylvania State Vital Records Office. See Ex. "B." Inquiries have also been made to public record databases on the Internet, the County voter registration records, and the County tax assessment records. See Id. Despite all of the foregoing inquiries, Plaintiff has not been able to determine Defendants, Michael S. Conklin and Tiffany R. Conklin's present location. Based on the foregoing, it is more likely than not, that, Defendants, Michael S. Conklin and Tiffany R. Conklin is avoiding and/or evading personal service of the Notice of Sheriffs Sale. Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to serve the Notice of Sale on Defendants, Michael S. Conklin by (1) sending a true and correct copy thereof by simultaneous certified and regular mail to the last known address located at 540 Hillcrest Drive, Carlisle, PA 17013 and HC 89 BOX 18C, Pocono Pines, PA 18350 and Tiffany R. Conklin, by (2) sending a true and correct copy thereof by simultaneous certified and regular mail to the last known address located at 540 Hillcrest Drive, Carlisle, PA 17013, respectively; and (3) posting a true and correct copy thereof on the mortgaged property located at 540 Hillcrest Drive, Carlisle, PA 17013 by the Sheriff or any competent adult. SHAPIRO & DeNARDO, LLC Date: (1 % u BY: ?- Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS NO: 11-3802 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion for Service Pursuant to Court Order, Verification, Memorandum of Law, and proposed Order on //",4'?? to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Michael S Conklin, HC 89 BOX 18C, Pocono Pines, PA 18350 SHAPIRO & DeNARDO, LLC Date: 'l-0 BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff Ot SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNI?Y I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS l? _D-t)? ?' iCc t;r ROTHO(ITAi' 2 12 FEB -3 Prt 5 t `S rUIBERLAND COUNT PEPNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3 802 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, Chase Home Finance, LLC, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on November 2, 2011, the originals of which are attached and that each of said persons appears on Plaintiff s Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: Meghan Williams Legal Assistant 10-038609 ?LL n O o(V ?LL ? d M " S y Y hl r LL o LL , 2 7, U o C} M c ? O ' ? ?, do }t- -L i N iy N 7 ? U my c ? N C Co U E m o a ? ?y ? 4) to o, y O ca ° m 0 a c t c ? o ? m Z ? o E a d) oU ? o U v? d ? N? 7 a N d N C ' N Q 2 f n ? 0000 ? U Q? y c m N N D E O R O U N ?.. M> M C °? co D Z y v (D 0) 2 ° o c': o o C) c Q ti U w O 0 mONX y N y C Ax0. ? ?.. Q. c UUUW a 21 ai °'? ti Y 00000 Q ° - x .? U U=U E^v? U Out UUIJUOD pmjuuZIis uoljt'UU!J o3 XJ3At aQ y G O c d) E y v Q V a d N c a C _ O CL R m Y C ai F- F. O ? T r • ? U o m 5 ? NV/ L a 0o Jo N E d U c 2 (V j i „ a C0 ?] v 0 p v ¢ 4 N C Z Q Q 2? Z ? y Q N ? M E?'o=c Zr/1MU] ? ? N ch I lr ?a Z > 4 NU N N ° O 1 - O N R y ? N N LL d - a) C ? Q1 y d) co E y M Z.0 O -ia d LL ° _j vi co r co - t a f=IL C'F IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENN Lt4FAR0TH0NGTAR`i CHASE HOME FINANCE, LLC; et seq. Plaintiff (Petitioner) V. MICHAEL S. CONKLIN; et al. Defendant (Respondent) 2012 FEB -3 AM 9:57 CASE and/or DOCKET No.: 11-3802 Sheriffs Sale Date: 3/7/2012 CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF SERVICE 1- Complaint Summons L Other: NOTICE OF SALE I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve MICHAEL S. CONKLIN the above process on the 13 day of December, 2011, at 1:30 o'clock, PM, at 540 HILLCREST DRIVE CARLISLE, PA 17013 , County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: E I By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: Commonwealth/State of f A County of fto'f Before me, the undersigned being duly sworn according I hereby swear or affirm that File Number:] 0-038609 Subscribed and s o before me this 114 day f Ar C 20 i/ 2) i SS: 3) public, this day, personally, appeared zyw,% i r~*f _ to me known, who deposes the following: set forth in the foregoing Affidavit of Service are true and correct. Notary Public IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTYfPAxswq% CHASE HOME FINANCE, LLC; et seq. Plaintiff (Petitioner) V. MICHAEL S. CONKLIN; et al. Defendant (Respondent) 2412 FEB -3 AID 91 CASE and/or DOCKET No.: 11-3802 "1` f'UMBERLAND COUNT Sheriffs Sale Date: 3/7/2012PENN LVA A AFFIDAVIT OF SERVICE Complaint L Summons Other: NOTICE OF SALE 1, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party , and that I attempted to serve TIFFANY R. CONKLIN the above process on the 13 day of December, 2011, at 1:30 o'clock, PM, at 540 HILLCREST DRIVE CARLISLE, PA 17013, County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: ] By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: Commonwealth/State of 1R 2) SS: County of Oe.~_ ) Before me, the undersigned n.ot public, this day, personally, appeared being duly sworn accordinj t4 ?, deposes the following: 3) 0-e*1 to me known, who I hereby swear or affirm t*yI* facts set forth in the foregoing Affidavit of Service are true and correct. File Number: 10-038609 of Affiant) Subscribed and o before me this_ L day o 20 It Notary Public SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE; NO. 10-038609 Chase Horne Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS ?LEi?-01- ILA: P! ORION0, 2 FEB -3 AM 9: 'MBERLAND CvL, PENNSYLVANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-3802 VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendants by certified and regular mail, to the last known address of said Defendants as follows: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013; Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013; Michael S Conklin, HC 89 BOX 18C, Pocono Pines, PA 18350 on December 14, 2011 as evidenced by the receipts of mailing attached hereto and made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: SHAPIRO & DeNARDO, LLC .4 BY. ?? Meghan Williams Legal Assistant 10-038609 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE. SUITE 150 KING OF PRUSSIA. PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS A\ D NOW, this day of Plaintiff s Motion for Service Pursuant to Court Memorandum of Law is support thereof. and any COURT OF COMMON PLEASrL:.3 `- -=-t; CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 ' -= -.-- `J F c_ 20_t 1, upon consideration of Affidavit of Good Faith Investigation and thereto, it is hereby ORDERED AND DECREED that Plaintiff may serve the Notice of Sale on Defendants. Michael S. Conklin by (1) sending a true and correct copy thereof by simultaneous certified and regular mail to the last known address located at 540 Hillcrest Drive, Carlisle, PA 17013 and HC 89 BOX 18C, Pocono Pines, PA 18350 and Tiffany R. Conklin, by (2) sending a true and correct copy thereofby simultaneous certified and regular mail to the last known address located at 540 Hillcrest Dri ve. Carlisle, PA 17013, respectively; and (3) posting a true and correct copy thereof on the mortgaged property located at 540 Hillcrest Drive, Carlisle, PA 17013 by the Sheriff or any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailings. BY THE COURT: MW 10-038609 CERTIFICATE OF MAILING ,stamps ,•f Is and U.S. POSTAL SERVICE _ ?: • ` t ire of MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT r ;arrant PROVIDE FOR INSURANCE-POSTMASTER Received From: ?• •I' Shapiro and Kreisman LLC 3600 Horizon Drive Ste. 150 71 King Of Prussia, PA 19406 ?r L ! C. r "? L One piece of ordinary mail addressed to: T T G ? 4 $ PS Form 3817, January 2001 F.For Postal Service TIFIED MAIL- RECEIPT stic Mail Only, - No insurance Coverage Provided) ivery information visit our website at www.usps.com Ll Cr stage $ M rU Certircwi Fee rs O _ O Return Receipt tea (Endorsement Required) Here .(3` M Restricted Delivery Pee p CC) (Endorsement Required) _ Total Postage & Fees ?ntTa [,?tC_?1? J S.it-??`I!'L` -------------------- r%- Street, A -t No.j - C_ P r`- or PO Box No. L C?iy, State, Zlp+a C rx r 1, c??,e Pik l '-?U / 3 MW 10-038609 Postal CERTIFIED MAIL? RECEIPT M M (Domestic Mail Only; No Insurance Coverage Provided) Ln Er _ 0'• Postage $ M fld Certified Fee O „nisrk. Return Receipt Fee He4<' O (Endorsement Required) Restricted Delivery Fee C] (Endorsement Required) 1 1}-_- ca I` Total Postage & Fees $ nj J O Sent o ? Street, AFt. No.; O 17" or PO BO:,No. ??_ City 1§ak ll y,X: - i t (o l e t l J? f U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste. 150 King Of Prussia, PA 19406 One piece of ordinary mail addressed to: Pocono T ? ?3 (jam Michael S. Conklin i 1 ?n m . 'b `/ n Q V •.? 0 a stamps a and to of urrent PS Form 3817, January 2001 Postal (Domestic CERTIFIED MAIL, RECEIPT Only; No Insurance Coverage Provided) r:l OWN Ln E' M PosAge $ Z Certified Fee S3 Postmark O Return Receipt Fee Here C3 (Endorsement Required) Restricted Delivery Fee p (Endorsement Required) CO Total Postage & Fees $ Sent To - -------- ---- X ----? . . O street, A t. No.; [`- or PO Box No. City, State, -- ZlP+4 _ l,sl-C i) A ?Jt I,3 MW 10-038609 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste. 150 King Of Prussia, PA 19406 One piece of ordinary mail addressed to: Tiffany R. Conklin 540 Hillcrest Drive ' Carlisle, PA 17013 - rips i f mt a Q O N O N -? °?- Ca - 01 W b cn rn y, M c, 6,tIi, ? rr CJ O ? - CA PS Form 3817, January 2001 f SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy x 4'??4tT1) ?1 4, 3f1tlf%l'1{1 r ley T'i 141 F- P -7 P1;!2:h!-?- Richard W Stewart Solicitor J AT •f. PENNSYL.`i`r?NI Chase Home Finance LLC vs. Michael S. Conklin (et al.) Case Number 2011-3802 SHERIFF'S RETURN OF SERVICE 09/29/2011 02:45 PM - Deputy Valerie Weary, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 540 Hillcrest Drive, Carlisle, PA 17013, Cumberland County. 09/29/2011 02:45 PM - Deputy Valerie Weary, being duly sworn according to law, attempted service to the Defendant, to wit: Michael S. Conklin at 540 Hillcrest Drive, South Middleton Township, Carlisle, PA 17013. The address was found to be vacant. 09/29/2011 02:45 PM - Deputy Valerie Weary, being duly sworn according to law, attempted service to the Defendant, to wit: Tiffany R. Conklin at 540 Hillcrest Drive, South Middleton Township, Carlisle, PA 17013. The address was found to be vacant. 10/07/2011 Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Tiffany R. Conklin, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 540 Hillcrest Drive, Carlisle, PA 17013, defendant moved and did not leave a forwarding address. 10/07/2011 Ron Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Michael S. Conklin, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 540 Hillcrest Drive, Carlisle, PA 17013, defendant moved and did not leave a forwarding address. 11/15/2011 As directed by Christopher A. DeNardo, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/7/2012 02/03/2012 Affidavit of Service to Lienholders Filed in Sheriffs Office 02/03/2012 Affidavit of Service on Michael S. & Tiffany R. Conklin filed in the Sheriffs Office 02/07/2012 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $774.04 SO ANSWERS, February 07, 2012 RON R ANDERSON, SHERIFF -DD ?Ce . a. S-0 LC Od ?j -,,t S s,"1 ,. - -1 -70 ct Cam+ySuite Sheriff. Teleosoft. Inr.. PW , 251 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS * j' Ui 1 . ON 0 N12 FEB 10 pUG: 16 PENN SYLVAN A TY COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 SUGGESTION OF BANKRUPTCY TO THE PROTHONOTARY: It is hereby suggested of record that Michael S. Conklin and Tiffany R. Conklin Defendants in the above captioned case have filed Bankruptcy under Chapter BK 7, under Docket No. 5:12-bk-00611 on February 2, 2012, in the Middle District of Pennsylvania and the above captioned Action in Mortgage Foreclosure is accordingly stayed during the pendency of the Bankruptcy. BY: Christopher A. DeNardo, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS tP?z t ', ,its ? t r ?fn f COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 PRAECIPE TO MARK THE JUDGMENT TO THE USE OF JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC TO THE PROTHONOTARY: Kindly mark the judgment in the above-captioned matter to the use of "JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC" as the real party/Plaintiff in interest in this action and the holder of the Note and Mortgage. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire DATED: May 1, 2012 ?'kAg q, Sb? at 011 ? a 45'6 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 Chase Home Finance, LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Praecipe to Mark Judgment to the Use of JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC on ?J ' v? to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Michael S. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013 Michael S Conklin, HC 89 BOX 18C, Pocono Pines, PA 18350 BY: SHAPIRO & DeNARDO, LLC Christopher A. DeNardo, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: () Confessed Judgment () Other ci'm JPMorgan Chase Bank, National Association File No. I,_ ?? a as successor by merger to Chase Home Finance LLC PLAINTIFF vs. Michael S. Conklin and Tiffany R. Conklin DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: Amount Due $218,417.23 Interest July 22, 2011 to September 5, 2012 is $14,790.80 Atty's Comm Costs : r C: < _CD LD The undersigned hereby certifies that the below does not arise out of a retail installment safe, 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) See attached Legal Description PRAECIPE FOR ATfACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland 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. v' Date: Signature: ?-, Print Name: Christopher A. DeNardo, Esquire Address: 3600 Horizon Drive, Suite 150 Sb_Dd Q King of Prussia, PA 19406 a Attorney for: Plaintiff 00%11, Supreme Court ID # PA Bar # 78447 -I-) y. oy u ,. It 9 a. oc> ?D. o? a r, ly, 000 Is (91 01 S 6r. 3, 5o L1_ 124 ?-)LiSff wfi? of I?£T4?re? ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Hillcrest Drive, on the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned Plan of Lots; thence by dividing line, South 77 degrees 35 minutes 33 seconds West 150.76 feet to a point; thence North 14 degrees 36 minutes West 99.37 feet to a point; thence by the dividing line between Lots Nos. 36 and 37 on said Plan of Lots, North 75 degrees 24 minutes East 150 feet to a point on the Western side of Hillcrest Drive; thence by the Western side of said Drive, South 14 degrees 36 minutes East 105 feet to the Place of beginning. BEING Lot No. 37 of Section "A" of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, page 35. BEING improved with a ranch type dwelling house with attached carport known as No. 540 Hillcrest Drive, Carlisle, Pennsylvania. PARCEL No. 40-24-0758-016 BEING the same premises which Helen S. Purvis, Widow, by her Attorney-In-Fact, Robert J. Purvis, by Deed dated June 29, 2007 and recorded in the Cumberland County Recorder of Deeds Office on July 2, 2007 in Deed Book 280 page 3897, granted and conveyed unto Michael S. Conklin and Tiffany R. Conklin, husband and wife. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 444 f [ I"1 !' ? K ? r 7 F L f p r'.d;1'-r ?a??;?;D COU , . EN,ISYt. IAINIA, k1 JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 Michael S. Conklin and Tiffany R. Conklin DEFENDANTS ; AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC, 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 located at 540 Hillcrest Drive, Carlisle, PA 17013. Name and address of Owner(s) or Reputed Owner(s) Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Michael S Conklin HC 89 BOX 1.8C Pocono Pines, PA 18350 2. Name and address of Defendants in the judgment: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 540 Hillcrest Drive Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire 10-038609 7 NJ 1`, 1? ,y _ era SHAPIRO & DeNARDO, LLC L:?-,r; , TIN 10); BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 ERL 0Ui"! E. 3600 HORIZON DRIVE, SUITE 150 N° S Y ?_V i N I A KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 Q A, n Fii F. Nn_ 10-038609 JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 11-3802 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Your house (real estate) at: 540 Hillcrest Drive, Carlisle, PA 17013 40-24-0758-016 is scheduled to be sold at Sheriffs Sale on September 5, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $218,417.23 obtained by JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-038609 ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Hillcrest Drive, on the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned Plan of Lots; thence by dividing line, South 77 degrees 35 minutes 33 seconds West 150.76 feet to a point; thence North 14 degrees 36 minutes West 99.37 feet to a point; thence by the dividing line between Lots Nos. 36 and 37 on said Plan of Lots, North 75 degrees 24 minutes East 150 feet to a point on the Western side of Hillcrest Drive; thence by the Western side of said Drive, South 14 degrees 36 minutes East 105 feet to the Place of beginning. BEING Lot No. 37 of Section "A" of the Plan of Lots known as Forge Road Acre as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, page 35. BEING improved with a ranch type dwelling house with attached carport known as No. 540 Hillcrest Drive, Carlisle, Pennsylvania. PARCEL No. 40-24-0758-016 BEING the same premises which Helen S. Purvis, Widow, by her Attorney-In-Fact, Robert J. Purvis, by Deed dated June 29, 2007 and recorded in the Cumberland County Recorder of Deeds Office on July 2, 2007 in Deed Book 280 page 3897, granted and conveyed unto Michael S. Conklin and Tiffany R. Conklin, husband and wife. SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS ry D COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-3802 CERTIFICATION AS TO THE SALE OF REAL PROPERTY I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real Property and further certify this Property is: X FHA - Tenant Occupied or Vacant Commercial As a result of a Complaint in Assumpsit That the Plaintiff has complied in all respects with Section 403 of the Mortgage Assistance Act including but not limited to: (a) Service of notice on Defendants (b) Expiration of 30 days since the service of notice (c) Defendants failure to request or appear at meeting with Mortgagee or Consumer Credit Counseling Agency (d) Defendants failure to file application with Homeowners Emergency Assistance Program. I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false statement given. herein. SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo, Esquire PA Bar # 78447 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO. 11-3802 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL ASSOCIATION AS SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC, Plaintiff (s) From MICHAEL S. CONKLIN AND TIFFANY R. CONKLIN (l) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $218,417.23 L.L.: $.50 Interest JULY 22, 2011 TO SEPTEMBER 5, 2012 IS $14,790.80 Atty's Comm: % Due Prothy: $2.25 Atty Paid: $1065.04 Other Costs: Plaintiff Paid: Date: 5/3/2012 Lox, David D. Buell, Protho otary (Seal) By: _ Deputy REQUESTING PARTY: Name: CHRISTOPHER A. DENARDO, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 78447 •" SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 JPMorgan Chase Bank, National Association as successor by merger to Chase Home ; Finance LLC PLAINTIFF VS. Michael S. Conklin and Tiffany R. Conklin DEFENDANTS ; c-~ ..~ .~, ~~ ..~ s . ~~ ~ c~ ~c~ ~ ~~ ..~~_ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-3802 VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER f._~ ,_.:> xs ~~ a~ f-_, ,:_ ,. The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above and that pursuant to the attached Court Order she has mailed a true and correct copy of Notice of Sale in the above-captioned case to Defendants by certified and regular mail, to the known address of said Defendants as follows: Michael S. Conklin, 540 Hillcrest Drive, PA 17013; Tiffany R. Conklin, 540 Hillcrest Drive, Carlisle, PA 17013; Michael S Conklin, 89 BOX 18C, Pocono Pines, PA 18350 on May 23, 2012 as evidenced by the receipts of attached hereto and made a part hereof. I verify that the statements made herein aze true and correct and I understand that statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, r~ -Y, r> to unsworn falsification to authorities. i ' DATED: ~ ICJ ~/°~ SHAPIRO & DeNARDO, LLC BY: ~~'~~/ v Meghan Williams Legal Assistant 10-038609 ~ i. .. • . ~ • , . ~ ~ i Q.. Q' Postage $ m ~ Certified Fee 1` \ ~ Retum Receipt Fee Pos ` ~ uired) ErMoraement Re Fi ~ q ( ~ - r -.~ ~t u p Req ired) (Eme )'- N Total Postage & Fees $ 3 .~~ \ ~~, /~. `, \\Sn~eb_J M1 'sa~%~vt'~::""5~b N~`IcrPS~ ~(~V~ ar PO Box No. Z`~: Pos~t~dt~ F4~ C.eD PS Form 3517, January 2001 n~ ~ ~I ~' Q' Q' Postage 5 , m ~ Certified Fee ipu R Re G ired) (IEndwsartient g RsaMWed Delivery Fee O (Endonart~ent Required) N Toro) Postage & Fees f1J a nt o ~- ~~ ar ['~ or PO Box No. ~ 1.~ MW 10-038609 U.S. POSTAL SERVIGE MAY wE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT ew~,e mm ~ue+~meur•e_mnerues7sw Raasived From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste.150 King Of Prussia, PA 19406 r~. I a +,-~. , One piece of ortYnary mall addressed b: t Michael ~ C'nnklln ~" ~ >, s can u:il„«.,n+ Tl«;.,o :.. MW 10-038609 U.S. POSTAL SERVICE CERTIFICATE OF MAIii116S MAY OE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PRCVIDEFORINSURANCE-POSTMASTER Received From: Shapiro and Kreisman, LLC 3600 Horizon Drive, Ste.150 King Of Prussia, PA 19406 _ One pleas of ordinary mail addnasad b: } :I Tiffany R. Conklin ~ ti 540 Hillcrest Drive ~+~ ~ Carlisle, PA 17013 ~`' .a`' S0~-_/ PS Form 3517, January 7161 c~ MW 10-0309 `~ STAL S~RMtt! CERTIFICATE OF MAI m ~ ~Y ~! USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT "O FOR INSURANCE-?OSTMASTER Qom„ Reached From: ~" P°etage $ - "- -"~, Shanlr0 and Ki'eisman LLC ^' ,~~Q,RtDG' Certfied Fee p \ to a. 7 f ''~~ ~\ 3600 HO1'17nn Tlrivo Cto i cn ~ Retum Receipt Fee G (Endorsement Required) Restrkted Oelivery Fee p (Endorsement Required) ~ Total Postage & Fees ti ent o . O 5`fn3e~ Apt.7Jo.; (~ Or PO BOX tNO. ~ p~ ~ ._ . iJ -~ ~ ~, tr+ ~.... SOi~6~' ,.. King Of Prussia, PA 194 R ~ o ~ ~ . . ~~ Om phce of ordinary mail addrosssd b: ,~ ,,,~, ~vl~chael S nn1<iiii l ., S Form 3517, .hawary 2001 OON C ON-0 ~ Uy 0 rn~~ ~i w o I -~ ~ ~ D aD ~ ~ m y 0 ~ V ~ O ~ w 'j ~ N j ~ o ~ N O y ooN ~ C O N ~ ~ '(/~ ° - ~p "rn~A 11 (~ O O ~ ~ rn CIA I m 3 ~ V -< 0 ~ ~ N ~~ I ` ni W .~ N ..~ o~ N O y pN~ ~ Cn w~co ~, O is I W O ,~ v' °' y 3~ !~ m v D Q I V "~ O -i W ~, ~ N ema O •` N O y n +c sr +: C ~~ r~ ~ ~ SHAPIRO & DeNARDO, LLC in ~ ~ BY: CHRISTOPHER A. DeNARDO, ~ = ,~ ~, ESQUIRE =' ATTORNEY LD. NO: PA Bar # 78447 ~._ ~ ~,~ 3600 HORIZON DRIVE, SUITE 150 ``~ KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 JPMorgan Chase Bank, National Association ~ COURT OF COMMON PLEAS as successor by merger to Chase Home CIVIL DIVISION Finance LLC ~ CUMBERLAND COUNTY PLAINTIFF VS. NO: 11-3802 Michael S. Conklin and Tiffany R. Conklin DEFENDANTS AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 N a~.• ~~ rn x~ JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC, 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 located at 540 Hillcrest Drive, Carlisle, PA 17013. 1. Name and address of Owner(s) or Reputed Owner(s) Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Cazlisle, PA 17013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 2. Name and address of Defendants in the judgment: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 --~ i~-i -`= .~„ r~- .:-1 L~ ~, ---~ ~` =x_ ~' 3 _...~ ~ ., Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 3. Name and last known address of every judgment creditor whose judgment is a record on the real property to be sold: JPMorgan Chase Bank, National Association as successor by merger to Cha$e Home Finance LLC 3415 Vision Drive Columbus, OH 43219 Cumberland County Domestic Relations 13 North Hanover Street Cazlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: South Middleton Township Municipal Authority P.O. Box 8 Boiling Springs, PA 17007 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Cazlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 540 Hillcrest Drive Carlisle, PA 17013 I verify that the statements made in this affidavit aze true and correct to the best of personal knowledge or information and belief. I understand that false statements herein made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification authorities. SHAPIRO & DeNARDO, LLC BY: Christop er A. DeNazdo, Esquire 10-038609 SHAPiRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 JPMorgan Chase Bank, National Association ; as successor by merger to Chase Home Finance LLC PLAINTIFF VS. ; Michael S. Conklin and Tiffany R. Conklin DEFENDANTS .' '1 `-~ ~ r~.~ c.,.~ -§ ~ ~ N ~ -. rT'1 Era ~~ ~' ~ ~"" ~- "~ ~` ~ -~ ~~ ~ ~_ ~,~ c..k C=1 '~ .F _ COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:11-3802 CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (Cl (21 I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for I Plaintiff, JPMorgan Chase Bank, National Association as successor by merger to Chase Hot Finance LLC, hereby certify that Notice of Sale was served on all persons appearing on Exh~! "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates Mailing on August 3, 2012, the originals of which are attached and that each of said pers appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC _~'~ /~ ~~~~ BY: Meghan Williams Legal Assistant of 10-038609 :C ~ ~ ~ LL w O T , ..-.~._~ 0~0 (~ ~L,~ x S }N' ~'.,, } + w I ~~~ ,+U ~ ~ y ~ H ~ ~~ ~ 1~ ~ U ~ ~ M .," ~. cn ~ aNO R ~ NOp O ~U O~ v ~ ~ ~~ ~~ ~ .d. _ _N ~~ Q `~ ~d o. gr =w'~~~C~~ =V °$~a~~ o ~f)~jS 41 lL ~S ~~LO ~ ~ $ 0 ~s a 8 D ~U d U a ~ ~ N d' d' d' N m ~ is ^^ ^ ^ N U ~ ~ U •~ o N ~ a E ~ E ~ ~ N Y Y 717 GGL- .777 ~ 00 CCL. $ v .~ Ip 2 C V ~_ M ~ ~ ~ w .~ .^. ~ ~o o ~o a• o ° r°, o~ o^ ~~ ~ ~ o $'~ ~ ~ Q ~~ U U ~~4 ~xQ O ~¢ ~Cg,OOa a$ a a a w ~' UU o v` . ,. ~r~. ;,r~ o ~ o K o ai ai - ai a o ~ o x U=U U=U Fv~iU a00cti E ~v ~ Z ~$> a ~ ~ z ~ .y $ `(~ ~ `~ ' ~ M g~3 oo ~~x=o q 0 ~ ~~~~ ~ N f`7 I~ ~ ILL'1 I(O III Iw m O C m E N r Q T V 'C a C a .. c 'o a m 0 Y C a3 d d E O U ~' O N 0 0 a m p~ ~i g Z m a v li a~i ~ ~ M a ~i J ~ a . y"'"_""'... J ~ ` m N ~ W Z ~ ~ ~~^ a ~_~- 1 ~ '' a WU' . ,,~ a t m~l'~') o..._~- ~ ~ Ndp 1 y ~' = U ~a ~~ ~ $ o ~~ ~ LL ~ ~ ~ $ a c -~ .~ O~~? N a C oD Q ~~ ~ a ^~0^ U ~ A ~ O .~.i ~ ~ ~ a o U~ ~ F y .~ $ Z ~ ~ ~. UQ~ ~ c ~ c ~ 'o U vJ 0.. C1 E Q~11 ~ 2 N ~ .~. ~~~ ~ a ~ C y g~.~a~ g Aox~c l~p ~'g~ e_ ZVIM VI .~. ~ fah N I M ~ V' IAA ~~O III I w C O as C m E y a m a .. c 0 a m O Y H a m a E 0 V w O r N 8 W .G V! ~' ~ J a SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~,,. _ t~. L,, f `~ i A. ,', + , °~ i j1 Jody S Smith Chief Deputy Richard W Stewart. Solicitor JP Morgan Chase Bank, NA vs. Michael S. Conklin (et al.) Case Number 2011-3802 SHERIFF'S RETURN OF SERVICE 06/22/2012 05:27 PM -Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 540 Hillcrest Drive, Carlisle, PA 17013, Cumberland County. 06/22/2012 05:27 PM -Deputy Michael Barrick, being duly sworn according to law, sE;rved the requested Real Estate ~,Nrit, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Michael S Conklin, pursuant to Order of Court by "Posting" the premises located .at 540 Hillcrest [:)rive, South Middleton Township, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 06/22/2012 05:27 PM -Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, upon the within named Defendant, to wit: Tiffany R. Conklin, pursuant to Order of Court by "Posting" the premises located .at 540 Hillcrest [)rive, South Middleton Township, Carlisle, PA 17013, Cumberland County with a true and correct copy according to law. 09/06/2012 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises ail public venue ar outcry at the Cumberland County Courthouse, Carlisle, PA on September 5, 2012 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Christopher Denardo, on behalf of JPMorgarr Chase Bank, National Association as Successor by Merger to Chase Home Finance LLC, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $855.61 October 22. 2012 SO ANSWERS, RONhf~' R ANDERSON. SHER{FF a .as ~ . co .s~~_~ ~- ~~aaG> SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D.. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 10-038609 JPMorgan Chase Bank, National Association ~ COURT OF COMMON PLEAS as successor by merger to Chase Home CIVIL DIVISION Finance LLC ~ CUMBERLAND COUNTY PLAINTIFF VS. NO: 11-3802 Michael S. Conklin and Tiffany R. Conklin DEFENDANTS AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, National Association as successor by rnerger to Chase Home Finance LLC, 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 located at 540 Hillcrest Drive, Carlisle, PA 17013. Name and address of Owner(s) or Reputed Owner(s) Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 2. Name and address of Defendants in the judgment: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Tiffany R. Conklin 540 Hillcrest Drive Carlisle, PA 1.7013 Michael S Conklin HC 89 BOX 18C Pocono Pines, PA 18350 3. Name and last known address of every judgment: creditor who;se judgment is a record lien on the real property to be sold: JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC 3415 Vision Drive Columbus, OH 43219 Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: .]PMorgan Chase Bank, National Association as successor by merger to Chase Home :Finance LLC 3415 Vision Drive Columbus, OH 43219 5. Name and address of every other person who has any record lien on the property: PA Department of Revenue Bureau of Compliance P.O. Box 281230 Hamsburg,l'A 17128-1230 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: (:umberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff hias knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 540 Hillcrest Drive Carlisle, PA 17013 1 verify th~~.t the statements made in this affida~~it are true and correct to tl~~~ b~:st of~ m~~ personal kno4vled~[e or information and belief. 1 understand that false statcmer.~ts I~crein are made subject to t1-Ee penalties of l~ Pa. C.S. SeCllOn 1904 relating to uns~~•orn falsification to authorities. S1-1,r1}'IR(~ & DeNi~RDO. I~LC ~~: Christopher A. DeNardo. Est7uire 10-Oi8609 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-b800 S & D FILE NO. 10-038609 JPMorgan Chase Bank, National Association ; as successor by merger to Chase Home Finance LLC PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. ~ NO: I1-3802 Michael S. Conklin and Tiffany R. Conklin ; DEFENDANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY T0: Michael S. Conklin 540 Hillcrest Drive Carlisle, PA 17013 Your house (real estate) at: 540 Hillcrest Drive, Carlisle, PA 17013 40-24-0758-O1E> is scheduled to be sold at Sheriffs Sale on September 5, 2012 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at IO:OUAM to enforce the court judgment of $218,417.23 obtained b}~ JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be cancelled if you pay back to JPMorgan Chase Bank, National Association as successor by merger to Chase Home Finance LLC the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call: +(610)278-6800.. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedir-gs. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 71i'-240-6390. 8. if the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house.. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 10-038609 ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Hillcrest Drive, on the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned Plan of Lots; thence by dividing line, South 77 degrees 35 minutes 33 seconds West 150.76 feet to a point; thence North 14 degrees 36 minutes West 99.37 feet to a point; thence by the dividing line between Lots Nos. 36 and 37 on said Plan of Lots, North 75 degrees 24 minutes East 150 feet to a point on the Wf;stern side of Hillcrest Drive; thence by the Western side of said Drive, South 14 degrees 36 minutes East l OS feet to the Place of beginning. BEING Lot No. 37 of Section "A" of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, page 35. BEING improved with a ranch type dwelling house with attached carport known as No. 540 Hillcrest Drive, Carlisle, Pennsylvania. PARCEL No. 40-24-0758-016 BEING the same premises which Helen S. Purvis, Widow, by her Attorney-In-Fact, Robert J. Purvis, by Deed dated June 29, 2007 and recorded in the Cumberland County Recorder of Deeds Office on July 2, 2007 in Deed Book 280 page 3897, granted and conveyed unto Michael S. Conklin and Tiffany R. Conklin, husband and wife. V1'RIT OF EXECUTION and/or ATTACHMENT C~~VIMONW'EALT}; OF PF;NNSYLVANIA) C~)~ ~N"I'~' OF C[JMEiERLAND) NO. 11-802 Civil CIVIL ACT[O~ - I_:~W Tc) THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, NATIONAL. ASSOCIATION AS SUCCESSOR BY MERGER TO CHASE HOME FINANCE LLC. Plaintiff (s) From tiIICHAEL S. CONKLIN AND TIFFANY R. CONKLIN t l ; You are directed to levy upon the property of the defendant (s;-and to sell SEE LEGAL DESCRIPTION . ~2 i Y;n: are also directed to attach the property of the defendant(s) not levied upon in the possession or G a.RNISHEE(S) as follows: and to n~~tifj~ the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from pa~~ing any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s? or otherwise disposing thereof; (_~) If property of the defendant(s) not levied upon an subject to attachment is found in the possession o am•or;e other than a named garnishee, you are directed to notify him,mer that heishe has been <~dded as a garnishee and is enjoined as above stated. ~.r,lOLlnt DUc': 52I8,4I7.23 L.L.: s•~'~ hlterest JULY 22, 20ll TO SEPTEMBER 5, 2012 [S 514,790.80 Attv's C omm: °%b Due Prothy: 52.25 Attu Paid: 51065.Oa~ Other Costs: Plaintiff Paid: Date: 5.3/2012 /~~~ ~,' Davi D. Buell, Protho otary (teal) By: Deputy REQUESTING PAF:TY: '~~ame CHRISTOPHER A. DENARDO, ESQUIRE :'address: SHAPIRCI & DENARDO, LLC 3600 HORIZON DRIVE, SUITE I50 KING OF~ PRUSSIA, PA 19406 i~ttorne4 for: PLAIISTIFF "l~elephone: 610-278-6800 Supreme Court [D No. 78447 TRUE CO~'Y FROM RECORD lin'testimony whereof, I here unto set my hand end the ~al of said Co rt at Carlisle, Pa. lfhis _..._-~Y 20 S ~_ ~ rothonotary On May 22, 2012 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA, Known and numbered as, 540 Hillcrest Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 22, 2012 By: -~ Real Estate Coordinator -- , ,,. . 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 the ~lahiot•News Now you know THE PATRIOT MEWS 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 2020 TE:chnology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publishier of The Patriot-News and The Sunday Patriot-News newspapers of generaG circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News anti 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/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subjecl: 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: 07/27/12 08/03/12 ''~~ ~--~~~ 08/10/12 ~~ i ~ Sworn to,atl~d ub~cribed k~,efor e tf~is,Y7 d ryf Ay+g~st, 2012 A.D. `~~ " __ Notary Public y C~s'v1rvE0N~V~~_r~i L~F r-ENN~Y€:VPNI,~ ____--_---____ ___,y..__ -_, ~~c,taral 5~:!al '~ yr 't" i';3J ~^3^rJh!11 ~.D41!'.'. ~; fit r r.: ni i.'t Expire> r~ov. 26, ZO]. _ _ MBhF ~ --NSY n~.P;?,S. .:.~.11ICti0f tv~ cN*~iS~ CUMBERLAND LAW ,JOURNAL Writ No. 2011-3802 Civil Term JP Morgan Chase Bank, NA vs. Michael S. Conklin Tiffany R. Conklin Atty.: Christopher DeNardo ALL that certain tract of land with the improvements thereon erected, situate in South Middleton Township, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Western side of Hillcrest Drive, on the dividing line between Lots Nos. 37 and 38 on the hereinafter mentioned Plan of Lots; thence by dividing line, South 77 degrees 35 minutes 33 seconds West 150.76 feet to a point; thence North 14 degrees 36 minutes West 99.37 feet to a point; thence by the dividing line between Lots Nos. 36 and 37 on said Plan of Lots, North 75 degrees 24 minutes East 150 feet to a point on the Western side of Hillcrest Drive; thence by the Western side of said Drive, South 14 degrees 36 minutes East 105 feet to the Place of beginning. :BEING Lot No. 37 of Section "A" of the Plan of Lots known as Forge Road Acres, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 22, page 35. BEING improved with a ranch type dwelling house with attached carport known as No. 540 Hillcrest Drive, Carlisle, Pennsylvania. ]?ARCEL No. 40-24-0758-016 BEING the same premises which Helen S, Purvis, Widow, by her Attorney-In-Fact, Robert J. Purvis, by :Deed dated June 29, 2007 and recorded in the Cumberland County Recorder of Deeds Office on July 2, 2007 in Deed Book 280 page 3897, granted and conveyed unto Michael S. Conklin and Tiffany R. Conklin, husband and wife. 38 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 Llsa 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 periodica 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: July 27, August 3, and August 10, 2012 A.ffiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, a:nd 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. L~sa Marie Coyne, Ed' or 14 SWORN TO AND SUBSCRIBED before me this 10 day of August, 2012 f- r, .' ~ _ Notary J. .,~.~ i;,r~~ s~ ~,_ Notary I~'uDliC CARLISLE BOROUGH, CUNIBERLf~fJC~ COt1r~~~iY ~Ay Commission Expires Apr 28. 2~J1~ COMMONWEALTH OF PENNSYLVANIA. COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for sand County and State do hereby certify that the Sheriff's Deed in which JP Morgan Chase Bank National Association is the grantee the same having been sold. to said grantee on the 5 day of September A.D., 2012, under and by virtue of :a writ Execution issued on the 3 day of May, A.D., 2012, out of the Court of Common Pleas of said County as of Civil Term, 2011 Number 380'L, at the suit of JP Morgan Chase Bank National Assocation against Michael S. Conklin and Tiffany R. Conklin is duly recorded as Instrument Number 201232519. IN TESTIMOI\fY WHEREOF, I have hereunto set my hand and seal of said office this _~_~ day of _..-~-- e A.D. ~ ~ ~~ _ 1t ,~;~ Recorder of Deeds Recorder d DeAda, dxrity, C,mAs1e, P111 Ny aKmissian Expkes the Fwt 11aid~- a Jen. ~t4 Z011.3as9! ChrN'tYKm JP ~lorptut ~ Bt1Nc, NiA v: s. rat, a-ar• too nlt, that certain-tract of lumtt the ;mprovemeats thera~e e ;n south. i lbiwaahip, of cumberlaod sad Stafe of As~ylvaaia, more particularly hounded aed desatbed as follows, to writ: BEGINNII`it^i at a pout oathe VVeadesn side of H~7lcrest Dtivo, ~ the dividing line betweaf 1~ Nos. 3T and 38 on the hereimBer mea4ioned Platt aiLots; thence by dividmg Iine, South T1 dogras 35 mim-tes 33 seconds Rbat 130.76 feat to a point; thence NoM 14 d 36 minutes West 99.37 feet toe paint; t)tence bq the dividing ~ between Ix#a Nas. 36 tmd ~7 on a~ Plan of loet, Notth?5 degrees 24 tninutos East 150feet to a peat on the }Ves<etn aide of Jlihareat Drivo; thetxx by Vl~stern side of saidDtlxe, South 14 degeeea 36tainates Eawd lu5 feet to the Place of begin. BETNG Y,ot No.,37 of Secfion ;K' of the Plan of I,o1e ktw~wn as Farge Rc-nd Acres, s as recorded in the Ut6ice of ~o Recorder " of Deeds far Cumberland County in Plan Book 22, page 35. $EING improved with a reach type $wellingJtouse wit attached carport mown as No. 540 Jit7krest Drive, Carlide, Pennsyhania PARCEI, No. 40.7.4A7S8-016 BEING the same pre»daes wl~ Helen S. Putvis, Widow, by her Attotatoy In-Patx, Robert J. Purvh, by Deed d~od June 29, 2007 and recorded in the d County Reootder of Doak Offwe on July 2, 2007 in Deed Book 28Q p~ 3Q9'1, granted and convryed unto'Midtab 5. Cot~!m and Tiffany R. Conklin, husband and wife.