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HomeMy WebLinkAbout06-0830UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTORNEY FOR PLAINTIFF ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 com JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County v. Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Defendant(s) NO. Q(o - 236 010' C- v" I COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as set forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant(s), Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 4281 Carlisle Road MUNICIPALITY/TOWNSHIP/BOROUGH: Dickinson Township COUNTY: Cumberland DATE EXECUTED: 10/28/04 DATE RECORDED: 11/8/04 BOOK: 887 PAGE: 1745 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 1/27/06: Principal of debt due $85,583.41 Unpaid Interest at 9.750 from 9/1/05 to 1/27/06 (the per diem interest accruing on this debt is $23.18 and that sum should be added each day after 1/27/06) 3,453.82 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $83.25 and that sum should be added on the first of each month after 1/27/06) 997.87 Late Charges (monthly late charge of $36.94 should be added in accordance with the terms of the note each month after 1/27/06) 147.76 Attorneys Fees (anticipated and actual to 5% of principal) 4.279.17 TOTAL $95,067.03 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and wil l be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $95,067.03 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ?1-2006 11:20 From-PREMIER ABSTRACT +243 3300 T-712 P.007/010 F-772 9 ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more praticularly bounded and described as follows, to wit BEGINNING at a point In the center of the concrete road, Pennsylvania State Highway No. 34, at the northeast comer of lands now or formedy of Robert F. Beam and Dorothy E. Beam: thence along said center of said Pennsylvania State Highway No. 34, North 50 degrees East 64 feet to a point at the northwest comer of land now or formerly of Roy E. Guise and Grace E. Guise; thence along said land now or formerly of Roy E. Guise and Grace E. Guise, South 40 degrees East 160 feet to an Iron pin; thence along the same, South 50 degrees West 10 feet to an iron pin; thence along the same, South 40 degrees Fast 257 feet to an Iron pin at lands now or formerly of John Walters; thenoe along lands now or formerly of John Walters, South 87 degrees West 91 feet to an iron pin on line of lands now or formerly of Robert F. Beam and Dorothy E. Beam; thence along land now or formerly of Robert F. Beam and Dorothy E Beam, North 40 degrees West 360 feet to the point and place of BEGINNING. Said description containing 29,503.5 square feet, more or less. IT BEING the same premises which Faye C. Mentzer, widow by deed dated Jury 16, 1992 and recorded July 17, 1992 in the Recorder's Office in and for Cumberland County, Pennsylvania, in Deed Book T, Volume 35, page 1166 granted and conveyed unto Richard K Mentzer. Homecomings Financial AGMAC Company December 05, 2005 Certified Mail, Return Receipt Requested 0438593139 Kenneth L Williams Sr 4281 Carlisle Road Gardners, PA 17324 Re: Property Address: 4281 Carlisle Road Gardners, PA 17324 Loan Number: 0438593139 A default exists under the above referenced Mortgage/Deed of Trust loan agreement. The action required to cure the default is the payment of all sums due under the Mortgage/Deed of Trust loan agreement. As of the date of this letter the total amount due is S 2,950.92 . That sum includes the following: 3 payments totaling: $ 2,631.73 Late charges: S 332.46 Other fees and/or costs N/A Unapplied Funds : $ 1327 The total amount due shown above is subject to further increases for additional monthly payments, late charges, attorney fees, and/or other fees and cost which may become due, after the date of this letter. To obtain an update of the total amount due to cure this default, contact us at 1.800.206.2901. TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN THE AMOUNT OF S 2,950.92 BY Januarv 04, 2006 TO THE FOLLOWING ADDRESS: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Skv Harbor Circle South, Suite 100 Phcenix, AZ 85034-9700 If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the Mortgage/Deed of I rust to be immediately due and payable. The lender then intends to have the property sold at a public foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up to the time of the sale by paying the past due monthly payments and other sums then due under the Mortgage/Deed of Trust loan agreement and by complying with all terms of reinstatement. You have the right to bring a court action to assert the nonexistence of a default or any other defense that may exist to prevent acceleration and sale of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED 1'0 HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Sincerely, Loan Counseling Department ID1I *Houncownership counseling is available to you through the `Credit Counseling Resouroc Center' (CCRQ, an alliance of consumer credit uase l ing agencies. The CCRC has been retained by Homecomings Financial to provide advice to you on credit issues, including how to reduce debt and improve cash flow management capabilities. You may contact them at 1,877.806.0775 for assistance at no cost to you, or you may wish to conlacl a HUD-approved housing counseling agency by calling 1.800.569.4287 for Porther information. IiX Homecomings Financial 2711 North Haskell Avenue Suite 900Dallas, Texas 75204 800.206.2901 Homecomings.com ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TICS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. phis 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 oages_ The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (I-MAP) may be able to help to save your home. This Notice explains how the Program works To s if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TH DATE OF THIS NOTICF 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 Countv are listed at the end of this Notice. If you have any questions you may call the Pennsylvania Housing Finance Agenev, toll free at 1-800-342-2397_ (Persons with impaired h arin2 can 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 ADJUNIO ES DE SUMA IMPORTANCIA, PUES APECTA SU DERECHO A CONTFQUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION IlvMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDRvl1R SU H[POTECA. Date: December 05, 2005 TO Kenneth L Williams Sr. 4281 Carlisle Road Gardners, PA 17324 Premises: 4281 Carlisle Road Gardners, PA 17324 Re: Loan Number: 0438593139 FROM Homecomings Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE 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 A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY TIE 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. 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 THE NEXT 30 DAYS. 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 yoLm in which-the Property, is, located are set forth at the end of this Notice . It is only necessary to schedule one face-to-fact 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.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated amaumer 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, Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE HomeComings Financial Attn: Ryan Ramos 9350 Waxie Wav Ste. 100 San Diego, CA. 92123 Fax: 858-514-5516 ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency Lmder 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 time 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 INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT -'the MORTGAGE debt held by the above lender on your property located at 4281 Carlisle Road, Gardners, PA 17324 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts arc now past duo: Monthly payments from 10/01/05 to 12/01/05 totaling: $ 2,631.73 Late Char ges: $ 332.46 Other fees and/or costs (including NSF charges and properly inspections): N/A LESS. Unapplied Funds: $ 13.27 TOTAL. $ 2,95092 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 DUE TO THE LENDER, WHICH IS $ 2,950.92, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUEDURING THE'fH1R"I'Y (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made navable and sent to Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within '1'HIR'I'Y (30) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the morteaee 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 attorney 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 attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50.00. Any attorney's 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 von will not he required to oav attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due hander 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's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs 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 Sheriffs Sale of the mortgaged property could be held would be approximately six (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: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn. Loan Counseling Department Phone: 1.800206.2901 EFFECT OF THE 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 Sheriffs 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 may be able 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's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR '1'O BORROW MONEY FROM ANO'T'HER LENDING LNS'ITI U1' ION '10 PAY OFF' PHIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. 70 HAVE THE MORTGAGE RESTORED TO TIIE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT-1 0 CURE YOUR DEFAULT MORE THAN THREE 'LIMES IN ANY CALENDAR YEAR) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. '1'0 ASSERT ANY O'T'HER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE, LENDER. TO SEEK PROTECTION UNDER THE FEDERAL, BANKRUPTCY LAW Sincerely, Loan Counseling Department Enclosure(s) List of Counseling Agencies V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. C , l Lrk V1 f- UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee Plaintiff V. Kenneth L. Williams, Sr. Defendant(s) COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County N0. 06-830 Civil Term PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification for the Verification attached to the Complaint in Mortgage Foreclosure with regard to the captioned matter. DATED: April 7, 2006 ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C BY: Mark J. UdrZ!t Esquire Attorney for Plaintiff 1 V E R I F I C A T I O N The undersigned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation which is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authori i Date: 20 200 Name: c tle: /Asista V e Pr idE pany- ecomings Financial Network Kenneth L. Williams, Sr. Loan #0438593139 MJU #06010695 ra ? ? ? ?, .? ?_? ;C'- 1 _.5 4 ? r .. _,. 4 ti IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY JP MORGAN CHASE BANK, ET. AL., CIVIL DIVISION Plaintiff Case No.: 06-830 Civil Term VS. KENNETH L. WILLIAMS, SR. Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. Paragraphs 4, 5 and 6 of the complaint are denied. Specifically, it is denied that the alleged amounts due on the principal balance, interest, court costs, escrow overdraft, late charges, and attorney's fees are accurate. The debtor cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. NEW MATTER - AFFIRMATIVE DEFENSES The answering Defendant(s) will rely upon all of the following defenses: 1. Plaintiff s cause of action is in violation of the Fair Debt Collection Practices Act, 15 USC 1692-1692a. 2. Plaintiff s cause of action is barred in whole or in part by the doctrines of waiver and estoppel. 3. Plaintiffs cause of action has not been processed in a timely manner and is barred in whole or in part by the doctrine of laches. r WHEREFORE, the Defendant(s) pray(s) that Plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the Defendant(s) can bring the mortgage current. Frank E. Youri , Jr., Esquire Attorney for Defendant(s) Pa. ID # 00245 P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certify that on the 7th day of April, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Mark Udren, Esquire WOODCREST CORPORATE CENTER 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Frank E. Yourick, ., Esquire Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PA ID No.: 00245 .?i ?. _? ? ^ i..._ -? C'': UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Defendant(s) NO. 06-830 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) Kenneth L. Williams, Sr. for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $95,067.03 Interest Per Complaint 1,622.60 From 1/28/06 to 4/7/06 Late charges per Complaint 73.88 From 1/28/06 to 4/7/06 Escrow payment per Complaint 249.75 From 1/28/06 to 4/7/06 TOTAL $97,013.26 I hereby certify that (1) the addresses of the 1aintiff and Defendant are as shown above, and (2) that notice has een given in accordance with Rule 237.1, a copy of which is attached ereto. JDREQ LAW OFFICES, P.C. in ? vu ? a, vyv .. torney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE: ?? (Y?( NDICAT_ PRO P HY _ UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 JP Morgan Chase Bank as Trustee f/k/a The ::COURT OF COMMON PLEAS Chase Manhattan Bank as Trustee E CIVIL DIVISION Plaintiff 'Cumberland County V. Kenneth L. Williams, Sr. Defendant(s) ` NO. 06-830 Civil Term TO: Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 DATE of Notice: March 27, 2006 IMPORTANT NOTICE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 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 ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 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, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL E USED FOR THAT PURPOSE. ar e tsquire Woodcrest Co porate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New!Jersey 08003-3620 •UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-830 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Minnesota COUNTY OF Dakota SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not 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, and that the age and last known residence and employment of each Defendant are as follows: Defendant: Kenneth L. Will Age: Over 18 Residence: As captioned above Employment: Unknown Sworn to and subscribed Cott before me this,&3°1 day of ?eb 20(Z; . o ary is BETTE J. PETERSON NOTARY.C - LWdlf?JOTA MY COMMtSS1 ON EXPIRES 1A N. 31. 2010 istant Vice President =comings Financial Network ???? G ? _ J ? ? ? 1 C' V+ ? 1 ? ?` r.? _? r ' . , ... .1 J ?., , -, 4] UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-830 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $97,013.26 Interest From 4/8/06 3.523.36 to Date of Sale September 6, 2006 Ongoing Per Diem of 23.18 to actual date of sale including if sale is held at a later date (Costs to be added) UDREN LAW OFFICES, P.C. Mark J. en, ESQJIRE ATTO ERNY FOR PLAINTIFF l ?. .yp J ? ? ? c?i ;3 ?t C? ? ?' Ut C ? c` c' ?' ?? ? C ? ? C c ° ? ? ? ? ___? ? r ? ? ?`?- ? ? ? ? ? -1 ? ? ? ??- ?- ?, _, t : ,? ?,? - ;:,, '? ,? 1 ?. --- . ?,:: WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-830 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK AS TRUSTEE F/K/A THE CHASE MANHATTAN BANK AS TRUSTEE, Plaintiff (s) From KENNETH L. WILLIAMS, SR. (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 gamishee(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 $97,013.26 L.L. $.50 Interest FROM 4/8106 TO DATE OF SALE 9/6/06 - ONGOING PER DIEM OF $23.18 TO ACUTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $3,523.36 Arty's Comm % Due Prothy $1.00 Arty Paid $119.68 Other Costs Plaintiff Paid Date: APRIL 7, 2006 CURTIS R. LONG Prothono y _ (Seal) Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Kenneth L. Williams, Sr 4281 Carlisle Road Gardners, PA 17324 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-830 Civil Term Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. LAW OFFICES, P ATTORNEY FF ri-? ?.y s_} t_ 7 it ? ? ?} ?? -'i I ... .... G?:: UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY FALL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Kenneth L. Williams, Sr 4281 Carlisle Road Gardners, PA 17324 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-830 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4281 Carlisle Road, (Dickinson Township), Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address 2844 Ritner Highway, Carlisle, PA 17013 Susan M. Lebo 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may he affected by the sale: Name Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Sq, Carlisle, PA 17013 13 N Hanover St, Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4281 Carlisle Road (Dickinson Township) Gardners, PA 17324 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or :information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: April 7, 2006 Ma . Udren, ESQ. Attorney for Plaintiff ?-; <<, ;:.??. ?, ,`, ;, ?,?, <.,? ;.?, ,.: cr, UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-830 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4281 Carlisle Road, (Dickinson Township), Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on September 6, 2006, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $97,013.26, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 A'.L THAT CERTAIN not of land with the buildings and imorovements thereon erected situate In Dickinson Township, Cumberiano County, Fannsyivania, more praticuiwiy sounded and described as follows, to wit: BEGINNING at a point in the center of the concrete road, Fennsvlvania State Highway No. 34, at the northeast comer of lands now or formerly of Robert F. Beam and Dorothy E. Beam; thence along said center of said Pennsylvania State Highway No. 34, North 50 degrees East 64 feet to a point at the northwest comer of ;and now or formerly of Roy E. Guise and Grace E. Guise; thence along said land now or fcrmeriy of Roy E. Guise and Grace E. Guise. South 40 degrees East 160 feet to an iron pin; thence along the same, South 50 degrees West 10 feet to an iron pin; thence alona the same, South 40 decrees East 257 feet to an iron pin at lands now or formerly of John Walt"S thence along lands now or`,onnany of John Wafters, South 57 degrees West 91 feet to an iron pin on line of lands now or formerly of Robert F. Beam and Dorothy E. Beam; thence along land now or formerly of Robert F, Beam and Dorothy E- Seam, North 40 degrees West 360 feet to the point and piece of BEGINNING. Said description containing 29,503.5 scuare feet, more or less. IT BEING tie same premises which Faye C, Mentzer, widow by deed dated Jury 16, 1292 and recorded July 17, 952 in the Recorder's Office in and for Cumberland County, Pennsylvania, in Deed Hook T, Volume 35, page 1165 grantee and conveyed unto Richard K Mentzer. BEING KNOWN AS: 4281 CARLISLE ROAD (DICKINSON TOWNSHIP) GARDNERS, PA 17324 PROPERTY ID NO.: 08-41-2680-010 TITLE TO SAID PREMISES IS VESTED IN KENNETH L. WILLIAMS, SR, SINGLE PERSON BY DEED FROM RICHARD K. MENTZER, SINGLE' DATED 10/18/04 RECORDED 11/8/04 IN DEED BOOK 266 PAGE 715. t , ,1t UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-830 Civil Term v. Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Defendant(s) PRAECIPE TO WITHDRAW JUDGMENT TO THE PROTHONOTARY: Kindly withdraw the Judgment entered on April 7, 2006 upon Kenneth L. Williams, Sr. in the amount of $97,013.26. Defendant(s), Kenneth L. Williams, Sr. filed a ANSWER TO THE COMPLAINT. UDREN LAY-\OFFICES, P.C. J PLAINTIFF DATED: April 18, 2006 ? ? G 6 ? -?J ? ? ? _ ? SHERIFF'S RETURN - REGULAR CASE NO: 2006-00830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND J P MORGAN CHASE BANK ET AL VS WILLIAMS KENNETH L SR SHARON LANTZ Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE WILLIAMS KENNETH L SR was served upon DEFENDANT the , at 1234:00 HOURS, on the 1st day of March , 2006 at 4281 CARLISLE ROAD GARDNERS, PA 17324 BRENDA PAULUS, GIRLFRIEND by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 37.68 Sworn and Subscribed to before me this alp day of Low cl.. a? C(7 A. D. -IF roth o ary So Answers: R. Thomas Kline 03/02/2006 UDREN LAW OFFICE n I // By; Deputy Sherif UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF r BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JP Morgan Chase Bank as Trustee f/k/a :COURT OF COMMON PLEAS The Chase Manhattan Bank as Trustee :CIVIL DIVISION 1270 Northland Drive, Suite 200 :Cumberland County Mendota Heights, MN 55120 Plaintiff :MORTGAGE FORECLOSURE V. Kenneth L. Williams, Sr. :NO. 06-830 Civil Term 4281 Carlisle Road Gardners, PA 17324 Defendant(s) PRAECIPE FOR JUDGMENT BASED ON STIPULATION AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), Kenneth L. Williams, Sr. pursuant to the Stipulation for Entry of Judgment in Mortgage Foreclosure (in accordance with the Complaint) and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Consent Judgment Order $95,067.03 Interest Per Complaint 2,665.70 From 1/28/06 to 5/22/07 Late charges per Complaint 147.76 From 1/28/06 to 5/22/07 Escrow payment per Complaint 333.00 From 1/28/06 to 5/22/07 TOTAL $97,013.26 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that a true and correct copy of the Praecipe has been mailed pursuant to Pa.R.C.P. Rule 237. V EN FFICES, PJ. Udre DIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATE DATE : a 3 zooU PRO OTHY _. cs ^? r w w ..J f! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee, Plaintiff € No. 06-830 Civil Term V. Kenneth L. Williams, Sr., Defendant STIPULATION FOR ENTRY OF JUDGMENT IN MORTGAGE FORECLOSURE AND NOW, it is hereby agreed by and between JP Morgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee, and/or its successors and assigns (hereinafter referred to as "Plaintiff'), by and through its counsel, Mark J. Udren, Esquire, and Kenneth L. Williams, Sr. (hereinafter referred to as "Defendant"), by and through his counsel, Frank E. Yourick, Jr., Esquire, as follows: WHEREAS, Plaintiff is the holder of the Mortgage given by Defendant, dated October 28, 2004, in the original principal amount of $86,000.00, recorded on November 8, 2004 in Book 887 Page 1745 in the Cumberland County Recorder of Deeds Office (hereinafter referred to as the "Mortgage") with regard to real property located at 4281 Carlisle Road, Gardners, PA 17324 (hereinafter referred to as the "Property"); WHEREAS, Defendant is the owner of the Property; WHEREAS, the Mortgage is in default because monthly payments on the Mortgage are due and unpaid; WHEREAS, by the terms of the Mortgage, upon default in such payments for a period of thirty (30) days the entire principal balance and all interest due thereon are due forthwith; WHEREAS, Plaintiff instituted the within Action in Mortgage Foreclosure by Complaint on February 10, 2006; WHEREAS, the parties to this Stipulation for Entry of Judgment are desirous of resolving the issues raised in the Complaint and therefore, Plaintiff and Defendant agree as follows: 1. An in rem judgment is entered in favor of Plaintiff and against Defendant, Joann T. Williams, pursuant to the terms and conditions of the Mortgage in the amount of $95,067.03 as of January 27, 2006 (per the complaint), with additional ongoing per diem interest, ongoing late charges, ongoing escrow advances (taxes and insurance), and any additional recoverable costs per the Mortgage, from January 27, 2006 to the date of Sheriffs Sale, and for foreclosure and sale of the Property. 2. In the event that, prior to a Sheriff's Sale, it is determined that Plaintiff has expended sums with regard to the Property, including but not limited to real estate taxes, insurance, and/or other fees and costs, then Defendant will stipulate with Plaintiff to a reassessment of damages in order to increase the judgment to reflect expenditures made by Plaintiff. 3. Defendant will peacefully vacate the Property by the date of the Sheriff's Sale. 4. Defendant hereby releases and forever discharges Plaintiff, its successors and assigns, predecessors, servicers, agents, employees, officers, directors, representatives, and attorneys from any and all claims, demands, damages, or liabilities whether now known or unknown arising out of or in any way connected to Plaintiff s servicing of Defendants' loan and the within foreclosure action. 2 This Stipulation may be executed in counterparts. UDREN LAW OFFI S, P.C. By: Mark J. Udren, Esquire Attorney for Plaintiff FRANK E. YOURICK & ASSOCS. rank E. Yourick, r. Esquire Attorney for Defendant ?,;, . .. , . f _ f '`5..._ '? Form 212 UNITED STATES BANKRUPTCY COURT 100 Western District of Pennsylvania jhel In re: Bankruptcy Case No.: 03-20552-JAD Related to Docket No. 90 Chapter: 13 William C. Hayes Alice C. Hayes Debtor(s) Order Dismissing Case Without Prejudice, And Order Terminating Income Attachment AND NOW, this The 17th of February, 2006, It Is Hereby Ordered that the above-captioned case is dismissed without prejudice, terminated and closed and that the Debtor(s) remain legally liable for all of his/her debts as if the bankruptcy petition had not been filed. Creditor collection remedies are reinstated pursuant to 11 U.S.C. §349, and creditors are directed to title 11 U.S.C. §108(c) for time limits on filing a lawsuit to collect; generally, a creditor's lawsuit must be filed by the later of (1) the time deadline prescribed by state law, or (2) thirty days after date of this notice. It Is Further Ordered that if this case is dismissed, with prejudice, pursuant to 11 U.S.C. § 109(g), the Debtor is ineligible to file bankruptcy under any chapter for one-hundred eighty (180) days. It Is Further Ordered that each income attachment issued in this case is now terminated. So that each employer and entity subject to an attachment order knows to stop the attachment, the Debtor shall serve a copy of this order on each such employer and entity immediately. It Is Further Ordered that this case is administratively closed; however, the court retains jurisdiction over the Trustee's final report and account and the Trustee's certification of distributed funds. Following submission of a final accounting and certification of distributed funds, the Trustee shall be deemed discharged from her duties in this case and this case shall be deemed closed without further order of court. It Is Further Ordered that the Clerk shall give notice to all creditors of this dismissal. Jeffery A. Deller Judge cm: All Creditors and All Parties In Interest C I : C ll I ?, J, C ? ) I , " ;, (;' I L, ?', 1 Z UDREN LAW OFFICES, P.C. BY: Mark J. Udrea, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER III WOODCREST ROAD, SUITE 200 ATTORNEY FOR PLAINTIFF CHERRY HILL, NJ 08003 856-669-5400 JP Morgan Chase Bank as Trustee f/k/a The COURT OF COMMON PLEAS Chase Manhattan Bank as Trustee ::CIVIL DIVISION Plaintiff Cumberland County V. Kenneth L. Williams, Sr. Defendant(s) NO. 06-830 Civil Term TO: Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 DATE of Notice: March 27, 2006 IMPORTANT NOTICE 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOT.IFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HADER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CON'T'RA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WII#Tq BE USED FOR THAT PURPOSE. Woodcrest Co orate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New.Jersey 08003-3620 U, v J iILO i rz.' " Did UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JP Morgan Chase Bank as :COURT OF COMMON PLEAS Trustee f/k/a The Chase `:CIVIL DIVISION Manhattan Bank as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Kenneth L. Williams, Sr. Defendant(s) ::NO. 06-830 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant (s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Kenneth L. Williams, Sr. Age: Over 18 Residence: As captioned above Employment: Unknown Sworn to and subscribed before me this 22nd day of May, 2007. Notary-Public`" is N MARK UDREN, ESQ. Ti le: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank as :COURT OF COMMON PLEAS Trustee f/k/a The Chase :CIVIL DIVISION Manhattan Bank as Trustee :Cumberland County Plaintiff v. MORTGAGE FORECLOSURE Kenneth L. Williams, Sr. `-NO. 06-830 CIVIL TERM Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: q-7,013.-2 t Amount due T3. Interest From 5/23/07 2,457.08 to Date of.Sale 9/5/07 Ongoing Per Diem of 23.18 to actual date of sale including if sale is held at a later date (Costs to be added) $ FOR PLAINTIFF UDREN LAW OFFICES, P.C. ro -f- ?i w'rw. YSI 0 w 1 O _ w w ti h r s ?. r. ? Gs, y? l ?t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-830 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK AS TRUSTEE F/K/A THE CHASE MANHATTAN BANK AS TRUSTEE, Plaintiff (s) From KENNETH L. WILLIAMS, SR. (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 $97,013.26 L.L. Interest FROM 5/23/07 TO DATE OF SALE 9/5/07 - ONGOING PER DIEM OF $23.18 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,457.08 Atty's Comm % Atty Paid $160.18 Plaintiff Paid Date: JUNE 6, 2007 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Due Prothy $2.00 Other Costs Deputy Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank as :COURT OF COMMON PLEAS Trustee f/k/a The Chase :CIVIL DIVISION Manhattan Bank as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Kenneth L. Williams, Sr. Defendant(s) :NO. 06-830 CIVIL TERM C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. k J.ren, ESQUIRE ORNEY FOR PLAINTIFF ? o ? J ? ? ?.y ors ?'` ?.. 35 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. :MORTGAGE FORECLOSURE Kenneth L. Williams, Sr. :NO. 06-830 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4281 Carlisle Road, (Dickinson Township) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Susan M. Lebo 2844 Ritner Highway Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address JPMorgan Chase Bank as 9275 Sky Park Court, 3rd Floor Trustee f/k/a The Chase San Diego, CA 92123 Manhattan Bank as Trustee l It 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4281 Carlisle Road (Dickinson Township) Gardners, PA 17324 Frank E. Yourick, Jr., Esq. P.O. Box 644, Murrysville, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C DATED: May 24, 2007 rk`d'. Udren, ASS. torney for Plaintiff ? r-? ° p ? c? - ?? ? ? ?n ??'_?? ... V l_J? ' ? ? ? ..vm' ' ?' ?Y '• Ai .?', •w • UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank as :COURT OF COMMON PLEAS Trustee f/k/a The Chase 'CIVIL DIVISION Manhattan Bank as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Kenneth L. Williams, Sr. NO. 06-830 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4281 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on September 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $98,213.49, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 -jj Y ? ?• G J UDREN LAMP OFFICES, P.C. BY: Mark J. Udren ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 Plaintiff V. Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-830 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service vas by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to t,4 relating to unsworn falsification to Dated: August 30, 2007 BY: L'ie of 18 Py . S. Section 4904 iti s./1 UDREN/ L,AW OJFXICESL P.C. Mark J. uaren, Ee ire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank as Trustee f/k/a € COURT OF COMMON PLEAS The Chase Manhattan Bank as Trustee € CIVIL DIVISION Plaintiff € Cumberland County V. Kenneth L. Williams, Sr. Defendant(s) NO. 06-830 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Kenneth L. Williams, Sr. PROPERTY: 4281 Carlisle Road, (Dickinson Township) Gardners, PA 17324 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on September 5. 2007, at 10:00 am, at the Commissioners Hearing Room, 2"d Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made- in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBITA 110-01 l ei 21 ?? ? ? ILa rui Z k? Q?" m< N J? ? ? ? x - « a ? ? 4 O a LU cc L `c ? r IL W z 13 0 1 ci a: a ?cc 1 0 0 ca CL 8 o JS Z ?- N c0 v to m CD W r V4 C r w cc' H EXHIBIT A c ?o d O V U 0 ? w J a y c c Y DDRENN LAN OFFICES, P.C. BY: Nark J. Ddren, Esquire ATTY I.D. NO. 04302 NOODCREST CORPORATE CENTER III WOODCRaST ROAD, SUITE 200 CHERRY BILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee Plaintiff V. Kenneth L. Williams, Sr. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-830 CIVIL TERM CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of notice of sale upon the following person(s) named herein at their last known address or their attorney of record. xx 0= Regular First Class Mail Yx) Certified Mail other (certificate of mailing) Date Served: June 19, 2007 TO: Kenneth L. Williams, Sr. C/O Frank E. Yourick, Jr. Esq. P.O. Box 644 Murrysville, PA 15668 UDREN By Mark J. Udren, Attorn for Pl EXHIBIT B CES, P. C. uire tiff O ?oo? coti ct tzi roK ? ti P) L p- m ao K C tr tsi W 2:1 .4 _PC) M ?MI j! m Lp) mtn DD G M-.u 0 a r- r- F [ClAt ' US E C7 O O,o M C3 (Ender p Z, Palk Flan O O RMIAcrd y FM A; A (E??oea?elM? ?M4?1 C3 . Q Tow Poomps # rem ? i x; -a 3 o Kenneth L. Williams, Sr. r-: r- .c/o Frank E. Yourick, Jr., Esq TP.O. Box 644, Murrysville, PA 15668 i- c tq -< '? lr 6g 6 Ya {ti A c Z Y I'. " p ni t, o o m c+ W n rrn ro K r 0? ?- rn n m ON x W. ? K c v a ?o for r tit v ?" v a Fj ,r _ pulsodM 91 PUMA 'Vi•kN "?bo lMlut A N i sW MV=. Mir1?ponm i you ?14w? WU Pus Mw?ed YIh?1??1 V.11?R mum pod Uwe AN aA M•p`?•P ? okpooft wit VA • +w ? ?ogde?w sot x? ?o ?? syt wy?y? 4 V ?+Ppe wt at plomw sa Jsru `.«j tu,mme oM icu s ai tiP q uo su uurw 4v ar rd a Uwe ¦ DPW at Pif ?« V" Ps tl PSI MPPUOD; low Ow 4JO+d JO OM UVOOM wM PSUFFA o aq A = a" optJo1=pigs Lmda*igxMgAMMPP.PJ ?V ¦ MOIdPW JnOA Ja{ ANMPI 04M V ¦ PS Form 3800. Jum 2M (Pori.) =mom ' r ¦ E a Y I itWn A. • 4I 4 X ¦ Prt your name end addrbes on the reverse so that we can rattan the card to you. =?? to Attach this and to the beck of the mak)lm, or an the *a* If pom Perrrdb 0 Agent address 1. Ardde Addrsseed to D. a deNwry O K L.. Williams,{, Sr. err ? 6 r -D c/o Pt%nk B. Yourick, 'L7r., Bsquire P.O. BOX 64.4, Murrysville, PA 15668 -' ?arrabe'iy?e 1, tom, m Md l it `' O• fl so lpt for I IN dr0 1 0 +? ! D kmnd Map 13 Q .D. 14. RasOM DNMryt PftFW D Ybe 2. Ar"Nmtwr 7006 0810 0001 9472 1417 mwwwAom urwm bw PS Form 3811, February 2w4 Deane t Ream ReoW 10¢e0e424A-164 EXHIBIT B w ,z bj LL g? A o 8 V LU a W. ? K V so Y ? , N III-oil C° 4 d Uhl ^ ,C Nip, +a EXHIBIT B o IL JP Morgan Chase Bank as Trustee f/k/a In the Court of Common Pleas of The Chase Manhattan Bank as Trustee Cumberland County, Pennsylvania VS Writ No. 2006-830 Civil Term Kenneth L. Williams, Sr. Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2007 at 1230 hours, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth L. Williams, Sr., by making known unto Alicia Paulus, adult step daughter of Kenneth L. Williams, Sr., at 4281 Carlisle Road, Gardners, PA 17324, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1537 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth L. Williams, Sr. located at 4281 Carlisle Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kenneth L. Williams, Sr., by regular mail to his last known address of 4281 Carlisle Road, Gardners, PA 17324. This letter was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff B Real Estate Sergeant EXHIBIT B i??ry ? t UDREN LAW OFFICES, P.C. BY: Nark J. Udren, Require ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee Plaintiff V. Kenneth L. Williams, Sr. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-830 CIVIL TERM Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of notice of sale upon the following person (s) named herein at their last known address or their attorney of record. Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: June 19, 2007 TO: Kenneth L. Williams, Sr. C/0 Frank E. Yourick, Jr. Esq. P.O. Box 644 Murrysville, PA 15668 1j1?TD+111i By: Mark J. Attorne CES, P. C. dren, squire for Plaintiff Y H O bum ?oo? .4o? tJ- roK? h+ K A? U1 N• ? n M 0 4H t? to W S E 'n { C : 2:i `J v z y°p? FIMO M 0 4? P 7 M Mw w p Z A , fu ru I-: r- F F 1 C , O 1 p In G POWMA t t N M0 p G ? o p Z . M rq r•9 r-w Ft?quin? Wdo _...??.+....-- co ' no t=! O Thal ft'tw' & Fes $ / n -n - C3 G `Kenneth L. Williams, Sr. r'r- :c/o Frank E. Yourick, Jr., Esq+T TP.O. Box 644, Murrysville, PA 156,68 h ?? ? C f _ t Zit o?.K' 1 Y f A 4 t ?o v m v ca K cr ti v o ? p p can N p p 91q I u wt ?° "" Wabal "Woo -.Im 1 V40:1 sua alt • .,u s?1 duo t?ae,?. ow OL A «a ¦ Complete Items 1, 2, and 3. Also complete r? re A. Item 4 if Restricted Delivery is desired. X ? Awt ¦ Print your name and address on the reverse Addrwse so that we can return the card to you. B. by V+ war 69 '1 1 ¦ Attach this card to the back of the mailpiece , 6W4 /' V00? 7 \ or on the fraat If space permits. , 1. Artkfe Addressed to: D. Is ddy6y address ivory O a O Kenzie L. Williams,,... S r. c/o Frank E. Yourick, Jr . , Esquire s?' P.O. Box 644, ?lln PA 15668 sville Murr , y . _.. servbs'ryr» Iu 0 Express Moll } IC3. Raalpt for hAeldlerldieE "?? 'M .>.i' f7 Irtsurod Mdl ? C .D. 4 Restricted Delhreryl (O dra Fes) O Yw 2: Article Num °r 7006 0810 0001 9472 147x7 {iMwNfarltom servlos#s" PS Form 3811, February 2oo4 Domestic Retum Reosipt 102M&42-WI54, LL y L1CIC] ' LL Ila z J?oo Yd F, r o I A a ye .- N r1 et w I O V O ? V - a a w g 2S s i- U a o LL w O r F- ? LL ti s r r t= ? a -mULI 5 -j .. CO N COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which Bank of New York Co Tr is the grantee the same having been sold to said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the 6th day of June, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 830, at the suit of JP Morgan Chase Bank Tr against Kenneth L Williams Sr is duly recorded as Instrument Number 200737258. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 16 day of A.D. 0 7 kecorder of Recorder of Deeds, Curnbedend County. COMB PA IAy Co wWubn Expires rie Fkd Monday of Jan 2010 JP Morgan Chase Bank as Trustee f/k/a In the Court of Common Pleas of The Chase Manhattan Bank as Trustee Cumberland County, Pennsylvania VS Writ No. 2006-830 Civil Term Kenneth L. Williams, Sr. Cpl. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on June 21, 2007 at 1230 hours, he served a true copy of the within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Kenneth L. Williams, Sr., by making known unto Alicia Paulus, adult step daughter of Kenneth L. Williams, Sr., at 4281 Carlisle Road, Gardners, PA 17324, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1537 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Kenneth L. Williams, Sr. located at 4281 Carlisle Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Kenneth L. Williams, Sr., by regular mail to his last known address of 4281 Carlisle Road, Gardners, PA 17324. This letter was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who 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 at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark Udren on behalf of The Bank of New York Trust Company as Successor to JP Morgan Chase Bank as Trustee. It being the highest bid and best price received for the same, The Bank of New York Trust Company as Successor to JP Morgan Chase Bank as Trustee of One Meridian Crossings, Suite 100, Minneapolis MN 55423, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,075.04. Sheriffs Costs: Docketing $30.00 Poundage 21.08 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 Mileage 13.44 Levy 15.00 Surcharge 20.00 Law Journal 407.00 Patriot News 398.33 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $1,075.04 ? ,, 1 01-1- j0111-- So Answers: R. Thomas Kline, Sheriff e BY? Real Estate rgeant UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank as :COURT OF COMMON PLEAS Trustee f/k/a The Chase :CIVIL DIVISION Manhattan Bank as Trustee :Cumberland County Plaintiff V. =MORTGAGE FORECLOSURE Kenneth L. Williams, Sr. NO. 06-830 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 4281 Carlisle Road, (Dickinson Township) Gardners, PA 17324 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Susan M. Lebo 2844 Ritner Highway Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address JPMorgan Chase Bank as 9275 Sky Park Court, 3rd Floor Trustee f/k/a The Chase San Diego, CA 92123 Manhattan Bank as Trustee 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4281 Carlisle Road (Dickinson Township) Gardners, PA 17324 Frank E. Yourick, Jr., Esq. P.O. Box 644, Murrysville, PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C DATED: May 24, 2007 rk`d'. Udren, . torney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 uleadings@udren.com JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee Plaintiff V. Kenneth L. Williams, Sr. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-830 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kenneth L. Williams, Sr. 4281 Carlisle Road Gardners, PA 17324 Your house (real estate) at 4281 Carlisle Road, (Dickinson Township) Gardners, PA 17324 is scheduled to be sold at the Sheriff's Sale on September 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $98,213.49, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. if the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-830 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK AS TRUSTEE F/K/A THE CHASE MANHATTAN BANK AS TRUSTEE, Plaintiff (s) From KENNETH L. WILLIAMS, SR. (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 $97,013.26 L.L. Interest FROM 5/23/07 TO DATE OF SALE 9/5/07 - ONGOING PER DIEM OF $23.18 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $2,457.08 Atty's Comm % Due Prothy $2.00 Atty Paid $160.18 Other Costs Plaintiff Paid Date: JUNE 6, 2007 (Seal) LepuLy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 9LALA Real Estate Sale # 64 On June 14, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 4281 Carlisle Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 14, 2007 By: cE j o Real Estate Sergeant .. iZ N, THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he 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 SALE #64 ....... .... Sworn to and subscribed before n? d>r?rZsierv?nf,?,?ra??A(i frenTili Notarial Seal Tony L Russell, Notary Pubk City Of Hanisburg, Da #gn County * Con mbslw Expires June 6, 2010 Me Pennsylvania Association of Notadoc NOTARY P1 41 C CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ?iAItm IG?Iht.:?, S?: J1Akit tftk AL lli m ARK,' .,, • 4 ALL Ma CER1 KW tract of Lid with the b uift a aed thmm sated stut m M&IOWfOOkop county, f iitore p"'cubdy boodcO aad desd*ss fo9wta, to wit BEGG at in the ceiBa of the 00=t cod, Penodylvmaia &* Highway No. 34 at the naetbeast cona of loads now or famedy of "W F. Beam and Dm&y E. Bam: &=e slag said cear of said h?sylvaau? s J1<ed 34, Nmffi 50 deBrexs >3mtd dMatanea POW & M ft" comer of WWW or I if aq I Grose and G" 0, woe Aft said bW saw afom dynR**KQviomdGmeE.Guise, Sash 40 dt ier F96Bleet to m vote pin; &M-t abeg the same, soma 50 degrees west l? io an MM pm on 4Mdff 11?is cow of fo ma of Robert B Bm w11?41?9 $'?? ltesae akad wr if laheat F Beata and Dor I? aMMi. 40 depress Wem 360 feet so do point aW Place of MMMG. Said P 29,5033 squm feet, mule or kas. IT BEING the sa= P -iws which Faye C. M atm widow by died dod J* 16, 1992 and mcaeded Judy 11, VW 1i the Reoxda's Office in and for CumbedW County, Pennsylvania, it Deed Book T Vokm 35, page 1165 gaotad sad caaveyed aged Rkbud X INentza. REM S AS; 4291 CABUU ROAD, (DIC$,Bi8,TOWWW GA$, PA 17324 PRO fYB}NQ:OB-41-2W4f10 1113 E"Pk1'$a M PWOWIS l ffM IN KORM L. WLI*kW at, spKK E PERSON By DER) MM RICRAM IC mp`141Bt, S)IV(IE DAD 1x+18( 04 RECORBM I IWIN 1 'BOOK 266 k PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 20, July 27, and August 3, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa arie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 3 day of August, 2007 , Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My COMMInIon Expires Apr 26, 2010 s[s ., REAL ESTATE SALE NO. 64 Writ No. 2006-830 Civil JPMorgan Chase Bank as Trustee f/k/a The Chase Manhattan Bank as Trustee vs. Kenneth L. Williams, Sr. Atty.: Mark J. Udren DESCRIPTION ALL THAT CERTAIN tract of land with the buildings and improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the cen- ter of the concrete road, Pennsylvania State Highway No. 34 at the north- east corner of lands now or formerly of Robert F. Beam and Dorothy E. Beam: thence along said center of said Pennsylvania State Highway No. 34, North 50 degrees East 84 feet to a point at the northwest corner of land now or formerly of Roy E. Guise and Grace E. Guise; thence along said land now or formerly of Roy E. Guise and Grace E. Guise, South 40 degrees East 160 feet to an iron pin; thence along the same, South 50 degrees West 10 feet to an iron pin: thence along the same, South 40 degrees East 257 feet to an Iron pin at lands now or formerly of John Walters; thence along lands now or formerly of John Walters, South 87 degrees West 91 feet to an iron pin on line of lands now or formerly of Rob- ert F. Beam and Dorothy E. Beam; thence along land now or formerly of Robert F. Beam and Dorothy E. Beam, North 40 degrees West 360 feet to the point and place of BEGIN- NING. Said description containing 29,503.5 square feet, more or less. IT BEING the same premises which Faye C. Mentzer, widow by deed dated July 16, 1992 and recorded July 17, 1992 In the Re- corder's Office in and for Cumberland County, Pennsylvania, in Deed Book T Volume 35, page 1165 granted and conveyed unto Richard K. Mentzer. BEING KNOWN AS: 4281 Carlisle Road, (Dickinson Township) Gard- ners, PA 17324. PROPERTY ID NO.: 08-41-2680- 010, TITLE TO SAID PREMISES IS VESTED IN Kenneth L. Williams, Sr., single person by deed from Richard K. Mentzer, single person dated ' 10/ 18/04 recorded 11 /8/04 in Deed Book 266 Page 715.