Loading...
HomeMy WebLinkAbout06-1300I* 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 com JP Morgan Chase Bank, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. O to - 130b (21UcL `? 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 .x 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 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 PARR 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 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: 1722 Sherwood Road MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of New Cumberland COUNTY: Cumberland DATE EXECUTED: 6/30/04 DATE RECORDED: 8/6/04 BOOK: 1876 PAGE: 2584 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 2/22/06: Principal of debt due $134,632.79 Unpaid Interest at 8.875°% from 6/1/05 to 2/22/06 (the per diem interest accruing on this debt is $33.19 and that sum should be added each day after 2/22/06) 8,861.73 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Late Charges hl (mont y late charge of $53.91 should e added in accordance with the terms of the note each month after 2/22/06) 161.73 Suspense Balance (101.58) Attorneys Fees (anticipated and actual to 50 of principal) 6,731.64 TOTAL $150,891.31 * This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 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 $150,891.31 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 ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, Commonwealth o0eansylvania, more particularly bounded and described accordingto a surveyofD.P. Raffcnsperga,RegisteredSurveyor, dated My2,5,1956, as follows: BEGINNING at a point on the western line of Sherwood Road, seven hundred thirty and twenty-three one-hundredths (730.23) feet South ofthe Southwest comer of the intersection of Sherwood Road and Brandt Avenue, also being at the dividing lino between Lot No. 20 and Lot No. 21, Block "A" ofthehereinaftermentionedPlanofLots; thence Southwardly along the Western line of Sherwood Road, fifty-five (55) feet to apoint at the dividing line between Lot No. 19 and LotNo. 20, Block "A" on said Plan; thence Westwardly along same, said line running at right auglcs to Sherwood Road, one hundred twenty (120) feet to a point on the Eastern right-of-way line ofYork- Baltimore Expressway; thence Northwardly along same fifty-five (55) feet to a point at the dividing line between Lot No. 21 and Lot No. 20, Block "A" on said Plan; thence Estwardly along same and at tight angles to Sherwood Road, one hundred twenty (120) feerlo a point, the Place of BEGINNING, BEING Lot No. 20, Block "A" on Plan of Highland Park Extension, said Plan recorded in Office ofthe Recorder o£Deeds in and forCumberland County inPlanBook 5, Page 59. HAVING thereon erected a one story frame dwelling house, known and numbered as 1722 Sherwood Road UNDERAND SUBJECTtoanomememoftheCommonwedthofPemmylvaniafor Highway slope purposes as shown on said Plan along the rear portion thereof. UNDER AND SUBJECT to an easement in favor ofthe New Cumberland Borough Authority for the maintenance of a sanitary sewer line as now existing upon the ground along the rear. portion of said lot, created by a grant dated December 23, 1953, and intended to be recorded. Image Print Page 2 of 6 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE TFIIS NOTICE IS SENT" It, YOU M AN ATTEMPT TO C01.I.147 TI9E INDEH'FEDNLSS REFFRIRED TO HEREIN AND ANY INFORMATION 013'IAINED FROM YOU WILL III: USED FOR "PHA I Pl llzl,OSP:. This is an ndicial nonce that the mort v e on tour home is in deftuh. and the lender i v n<ts to loreelosc. S critic intomw rnt alnrut the naturu ofthe derauh is txocided in the wmd od ma -, 7bc IfOMfOA'4[3IrRS MOIRT6A('7 ASSISTANCE PR(H;RAM (FfEMAI't mrv ho nble to hd?s sate vo r homr, 1'hs Noyrc_cSplnrlr I?gw Ih?royrum work',:. lT SM it 1I1LAP cat help you utst MRI37 W11,71 CONSVMVfR CIREDIT COi1NS1J 7N(3 AjjLb ' WITMN 3u UAA'S O flf DATII?OT 1'?IS NOl ICP?[akc thi n liw «sIn vou,jto ep mcw;r with the Cnunscline Aeel , Tho mmm addreus and ubonc number of C ntswner Credit Counseling Aecnues wrvtne rout Cuuniv = limed at the mnd of this Notice. If %ou have am ow.mrm, on may egll the Pcmwrtvanm llousine I inwwe Aum, loll ltee al I-SM-341-2397. (Persons.., nnnirN hearing um.111717) 7R(1-1Y69L This Notice oonwinn lmpormot Ioga) 6d'ormation, If you have anv gtwstioae, repmsontatitms at the Consumer Credit ComtselinS Agaww, mnv be ahle m help explain it Yon may also wnut to contuet nn nltome4 in Wta area. Tito norm bar A,,sot hon may 1> ublc to belt, sou find a lawvor. LA NUFFFICACION EN ADAWrO ES DE SUMA IMPORTANCIA, PUSS AF17CIA SU DERECHO A CONfINUAR VIVIENIX) EN S11 CASA. SI NO COMPRENDI. I.I. CONUMIX) DI: ESl)A NOTIfdCACION OB'1'FNGA. UNA IRADUCCIONIMMEDIA'IAWN'IT. H AMANDA ISTA AG1,,NCIA (PI;NNSYLVANLt H(lUSW(] FiNANCEA(' ,WYi SIN CARGOS Al. NUMLRO MENCIONAD) ARRIBA PUEbES ShR ELEGIBLE PARA UN PRf.srAMO POR )-T. PROGROIMA I1.AMAIX) °AOMFOWNER'S 1,W)WENCY MOR'I GAGE ASSISTANCE VROGRAM' El. CUAL 11i7EDI: SA VAIR SLI CASA Ill IA PPRDIDA DkLI)LRE:000 A RRDIMI R SU IIIPOTECA. Dale. April 13-21x3 TO Am Almstrone 1722 tiLernv(xd Road Ncnc Cumimland, PA 171,70 I'mmi.>cs' ! 7-'.-" gltertv(xd Road New Cumhefland. PA 1707(1 Re- Lrwn NumhLr. (143SM539 I'ROM_ Fhxnusmions l' inanclul htt„c•//imnaing.homecomings.com/imageview/PrintImages.asp?DocumentID=81308760&PageCount=6 512512005 Image Print HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELPVOU MAKE FUTURE MORTGAGE PAYMENTc IF YOU COMPLY WITH TI-II. PROVISIONS OF 'I'IE IIOMPOW'NPR s U'MINGYNCY N10R-foA(jE ASSIIANCE ACI 01` 198> ('II11 ACT°)_ YOU MAY n( ['L[G1BLCi Fo j2 p?MEI2GLNCY Moffl'QAGE ASSIS"[ANCI°. I E YOOIZ Ok:FA[RT HAS 13H[;N C'AU.9F.I,) AY CIRCLIMSTANCF6 BEYOND YOUR (-C)N'PROL_ [F YOll IdA VE A12SASUNAn1.l3 PROSPECT OI' Hf?INCi Af31.E To PAY YoIJR MORTGAGE PAYMENTS. AND IF YOU MEFS oTHF.R ELIGInILII'Y lt[iQUIR1iMEN"rS HSIABLISIU.D BY If 0: PENNSYLVANIA HOUSING FINANCE] A03r:NCY. TEMPORARY STAY OF FORECLOSURE -- Under nccAct, von are entitled to a tunporarv <tay oFLorecL:nure on your mortgage lhr Ittirty (3rt1 days hour the date minis Noticc. During that time. vwt must anangc to d anard a `fna.to-face'- minting with one of the consumev credit eotmsnling agencies listed at the end d this Notice. THIS CONSUMER CREDIT COUNSELING AGENCIES - If wu meat widt nec of the wnsmucr arv dit aruuselinc u@enuie' listed In tht end l this nottem. the I ender nwv NOT lake action agtnnst ytw for thirb' (30)lots alter the dare of fin,; meeting. The names addressa•, end tclcroh-n= t o Fxr i' de ianatcvi m- n credit wt wling igeoptW car fhe_u}nnn ?v ah_igtt t}I< pngxrh i,c 1rc,ttcvl lire sc`t. torrh u) lhr. end of this Notice [t is nnl_r ncas,an m sdt?ult one fame-tu tote md7inµ Advise Your Icndcr immadtereh of vourimentions - APPLICATION FOR MORTGAGE ASSISTANCE - Your tnortgage is in de;f uh for the reawns" fcvth tarot to this Notice (see full Nvvtg paper for spccific information alxau the nature of your default.) V you haw treed and arm unawe to reulee this problem with the Ieudcx, you have the right to apply for imanctial as.,latmxce Iiom the Homw,Iwr s F.mergemy Mortgage Assi:nanu Progrmn. In do so, }ou must fill out. sign and file it connpletz<i Hcrneuusrer`s Timerg rom Aoaistanw Frogman Appiwanon with talent the designated 0alsumer credit counseling agcncias listed at the end 0 this Notice. 0mv consumer crud t u>ansehm, agencies haven applications for the progrun and they oitl assist mu in submitting a eompliae application to the PeMsvlvania Housing Pimmce Agenc,% 'l our upplicatnm Ml1Sf tK filed or pminmrkal within thing c301 dma of your fnc:e-to-face mce91ng LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE H allamn inu Itinunctal 9150 Wasic W,IV Snitc 100 San Dieeu. CA 92123 Arts Contact Center. Fred Mmtgmeth Phone. t-8002()t21XJ t, or 858,in. 7553 Page 3 of 6 htt--MmnuinP-homecomings.tom/imageview/Print}mages. asp?DocumentlD=81308760&PageCount=6 512512005 Image Print ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU MM UST 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 euczgencv mortgage assistance are t,c y hinter Ibce will IV disbursed by the Agvlwv tmdati the cligiblity ctneria established br the Act. the Pcnnsplvratia Housing Finmtec Agenav has sfhty (60) days to make it decision atier it recvires roar application- During that time, no Foreclosure Imxncdings will be pursued against you if wa have met the time rulmi-ements set forth above You Hill be notated duvcdv tw the Peuncrlverla )dousing Finance Agow, 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 riled 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 MORI CAGE debt held be the aloes lender on tour pn>Twrty boated at 1722 Shenvoal Road , Nets Cumberland. PA 17070 6 Y:RL01 TSLY IN DEFAUI, I' t,,-cauu'_ YOU IIAVI NOT MADE 100N'CHLY MOR"ICAGG PAYMENI:S frn' the n lhluing months mid the foil Otmtg amounts we nOa past dun: Months pa<incmi from 12/DI/01 to UU01 /Q5 totaling; $ 5.110t) S0 Late Chat des_ $ 2631.a± Other fees andicr costs tincluding NSF cAtarges and prcmem°insl>Maionsi- S 3b.IXi LLSS: Unapplied Fields IN/A TOTAL, $ 5.61X, 05 HOW TO CURE THE DEFAULT - You map care the dannat within fHllffY i30) DAYS at the law ol'this Notice BY PAYING THF, TOTAL AMOUNT DUE TO THE LENDER, Will(;H IS A 5.696.05. PIJ1S ANY M)RI`GAGI, PAYMBN IS AND LA'1'P: CHARGIN WHICH Ill COMI: DUE DIAZIN0 'PHI. 1 HIRTY 0+411 DAY PI- RIOD Prv na t tvl 1 + 1- tilt r lea Inch treater . cl ak certified check of monnv order made ai nude and sent (o'? 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 - ll'vou do not cum the default 1sM1hnt 'I IURI Y 1301 DAYS of Nic date of this Notice, the lender intends to exercise its retht to accelerate the tnortnave debt. This mums shut the mitt o ls'lla ding balmlcc` Of this debt will be considered due immediately and von mac lose the chance to pav the mortgage iu monthly instnllm?ts. If full payment of the loud amount past due is not made utthm l'[ORI'Y (10i ?« -tt •,rti hr,r,terominLs.com/imaizeview/Printlmages.asp?DocumentlD=81308760&PageCount=6 Page 4 of 6 5/25/2005 Image Print DAYS. the lender also intetds to instruct its auurnev to ,tart legal action to foreclose uptm evur mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - "f he mortgaged proper-[s will be sold by the She'ilf m flat the mortgage debt. If the lurdet refers >ur cave to its attorney. but you cure the dclinquincw W, ale the lender begins legal ploucetiugv against vorr lou will still X. required! to pav file reastntable atiorno , fees [flat w2rc actually inu¢ruf up to $50,00. However, if legal pniccudings are started against roe. Sou will have to pat all reaatnablo atroma3 s hills actuall, incurred by the fender, two ri they earned $50,00 Anv attorney-, I", will be added to the amount you owe fire leader, which ntav also include other reasorlable owls it rim cure the default within the THIRTY t30) DAY period, . will not be required to pav attorneys foes. OTHER LENDER REMEDIES - "1'he lender map also sue volt person lly for the unpaid principnl balance and all other suns, due utter the nrrntgage RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - U you have not curd tlec default Bride die TIIIRi'Y (30) DAY pertool and fecch,eurc ptaxtdfngs have (vguu, you ptti! have the3 ht Ip un;e rho dYtpult by - lirmfn • aztc other net uiremene: under themnn ale. Curing your default in the manner ,at forth fa this Ntrthe will reslore your murigaw to the same petition as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE, DATE - It is estimated that Bee conic t date that such a Sheriffs Sale of the mortgagml p operty could be held would f, APProumateh. six (6) months from the date of this Notice. .A notice of Lila actual date of the Sheriff's Sate wdtl Ile sett to you before the sale. Of course. the amount aceded w cone the default will increase the longer cut wait. You play find out ai tut, flow swat)) vvhai the required paymut or action will he by contacting the lender. HOW TO CONTACT THE LENDER: Isom wminas Financed 2711 N. flitAcll_ Suite 1)(9) Dallas, 1:R 1,5204 !fill: Linn Counseling Deparmtet I'Itrnre: 1 149) 2ri'.2!x) 1 EFFECT OF THE SHERIFFS SALE - You should reahxc (fill (a Sheriff, gale will end 'our nwnmship of the mortgaged prul-,ettv and vour tight to ux;upv It If you wahpuc In It IV in the proleriv "f0.',' the Sheriffs Sale_ a lavysuit w srtwee you a ul %our furnishimts and other buf am inps owld fe stano d in' lire leader at mrv tune. ASSUMPTION OF MORTGAGE - You map to nhle to soil or translary our hone to it diner or transterw who will di'sume the mortgage dek provided that all the ouuunding pm?mcnts charges :md mtornw s fee, aril acts are paid prior to or at the.,me and Oral the other wouv etneou of the mortgage are suti9lat. YOU MAY ALSO HAVE THE RIGHT: l'6 SL`LL "I IILS PROPWIY 10 4 0 '1AIN MONEY 10 FA 1' Of 1, 1178 MOR"IOAt,l: llid3'I OR 1'0 BORROW MONEY FR(3M AN(11'I IL'R I NDINO INS] 1)'M ION TO I'AY Of J 11H.', DJ:Bf TO H.AVI; TIItS DEFAITJ CARED BY ANY TN1RO PARTY At TING ON YO1tR BII IAI.f Page 5 of 6 a fief PcnminHS.com/imageview/Printlmages.asp?DocumentID=81308760&PageCount=6 512512005 Image Print TO I[A VE 'I'1I& N1010 FC AG :I2FSl'ORFD 'TO T'IIP CAME: POSITION AS IF NO DEFAULT ILN7OCCI[RRED_SF YOUCITRETI{[ DEFAUL-1.(I IOWEVER YO[ DO NOT[LAVF. TATS RIGHT TO CITE YOUR DFFAI TUI MORE 'I'IIAN l'IIRFF 'LIMES IN ANY CALENDAR YEAR,) 10 ASSLRI LnE NONIXISTBNCH OF A DEF'AUM IN ANY FO721;CLOSURE PROCEEDING OR ANY OILIER LAWSI.T"T (Ns,murED UNDLR 1'1W MOR'I(TAC IN:?C'IrMI?:N"ES. I'r) AtiSfiRi ANY' O'flJl R ll1TENSb YOU BkiLIE, V[i YOU MAY DAVIT TO SIICII A(lION BY THE LENDER 11 t SU'K PROTECTION UNDER TTIF FEDERAL 13ANKRI 1}'TCY LAW. Sinccrefv_ Loran Cowixliug Dcpttrtmcnt Ium[osurei.sT I, it of Conn ljng Agencies Page 6 of 6 hrr..o•//;maaino hnme.comin2s.com/imageview/Printlmages.asp?DocumentlD=81308760&PageCount=6 5/25/2005 Image Print Page I of 6 Homecomings Financial A GAIAC Company April 13. 2005 Certified Mail, Return Receipt Requested 043818)549 Kcvin Armstrong 1722 Shmcoud Road Nett' Cumberland. PA 17070 Re- Prrgaa'n' Address: 1722 Sherwood. Road Loan Ntmdwr- 0438180-,49 New Cumtcrland_ PA 17070 A default mists under the above referenced Mortgage(Decd of Trust low, agreemcur, The action iequned to cwc the default is the payment a all aunts due tmdcT the Mo,tgage/Deed o1' Trust loan ag1=110a. As of the date of this letter the total amount duets S 5.696.05 _ That sum include, the following: 5 payments totaling S 5,3J).50 Latecherges' S 269-a6 Other tee, and/or cost. $ 3690 Unapplied I and, N/A 'I he total amount due shown alieve is subject to further mciea: for additional month1v ptonicnts. line charges, atr(miev fees. andhr other fees and cost which mac beexi to due, after the date of this letter. to obtain an update of the total amount due to cure this default, ctmlact us at 1.800.206.2901. TO CUR], 'HhS DFI AITI.T, SEND YOUR CASIIIFR'S CIMCK, MONF,Y ORDER OR CERTIFIED CHECK IN '09F AMOUNT OF S 51696-05 By Mav 13, 2005 10 'fl{L FOUXAN[N( k0t)RItSIS Homcroomings Financial, P.O. Box 78426 Phoenix, AZ 85U62-8426 OR OVERNIGHT TO: 18211 East Sky Harbor Circle South, Suite I00 Phoenix, AZ 85034-97181 If the default is not cared within thirty (30I dapa of the mailing of this letter. the lender, without further notice or de na id, vall accelerate themannitr date of the Note and deelan; all stuns seemod be the MongagelDecd of 'I m>t to be inhmediateiv due and payable 77ne lender then intends to have the propene ;old at n public fca'cclowre side. After twcekxatimt, a curing of the default and reinstatement of the loran will be permitted up to the time of the sale Irv paving the past due mrn,thly payments and oilier sums (hen due under the Morlgaga4h'<xl of"Crust loan agi cement and by comlih nrg iviN al [ team, of rcinstatenteut. You have the right to bring a cowl atai(w to assert the nonexistence of a default or ally other defense that mac Geist to prcva,t acuehaatitm and Sale W the prolvv- . "fH1S Iv011(.G. IS 5}:N"17 70 YOU IN AN ATTLMi'T TO COLT LC'I I IIF INDI 13TF )WSS RITZ-MRIA) TO IMRF,IN AND ANY INFORMATION OBTAINFI) FROM YOU WILL, lfl USED FOR 'rllA r PURPOSI.- Smo-reh. Loan Counseling Dg,arunem II1,41 •IlwneounasMp counxlinp is availablaaayw hanwEh,ha"Ci aGrumding RCx,mmo Ccn4r (ITRC). an allianmuf ammmw amdit scups.-i., . 'I'ha tCRC has hen mmhud a, l tom ingn Fimuciel la provide a&tle h, yu on uredir iuucx mdnding hmv to ,.6"'dola and mgnwve ekh nnmmanaycmrnl.'Isia" ti on mm' contact them w 1.977 806 0775 f ftsi?encc of no win to m, or you .afar. ctmwcla IICl}appro.ndhourieu-tat.Inaaemo, b, a.11- 1800.169.42% 7 for fird-w noon. Hcmecorcings Fin:vdcl 271, Nang Haskell Ave!we Seite 900Dollae.Jexas 75Rla 6W.M6,2 o Fb+Y?eCGb51fN?S.CGI11 https://imaging.homecomings.com/imageview/PrintImages.asp?DocumentID=g 1308754&... 5/25/2005 :Image Print ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE PHIS NOPtu. IS SENT TO YOU IN AN AT-i imPT TO COL[ cT THE: INDFRIFDMSS RFFERRI3> TO IWREIN AND ANY iNFORMA'ION 0131 AIN1D FROM YOU WILL 131' USUD I OR THAT PI IRPOSE. elaulL and the leader intends In noted.. Specificinformation this t, an o0"cal notice that the T"Onat a on mar time =10 about the nature oFdae dclault is P"Aided in the attached _ The IIOMFOtVN1iR'R O 'G C ASSISTANCE: PR(X'HLAM "11}'MAP mac he nhle to cl to svice vnar hone Ths No4oresplams m thgPrgyrantwnk, -- --- ---------- la see 7 HFMAP rnn 6cl?rrni mutt 'I AS TN A CONSl,PvIGR CRI.DII URI. S :I. QCrtNCY WO}jftL3_(LDAYS qp Tai IJA I7.OT'IHIS NUIICI:. Take?hia nMfcc with cggylrcny9u meet wnh the Coutuel to Agcpe,.. 'This Notice contains important legal inl'ornwtiort 11 }ou harm any questions, representatives at the C'oneouner Credit Counseling Agcnev mat be able to help "plain it You nwp also want to contact an attorney in your arcs. The local bar assoaatirnt may M ahle to hdp you lind a 1aw}mr. IA NO'III ICACfON EN AIAUN'IO ES DE SUMA LMP(NOANCIA. PAIN AIECTA SU DIi.RFCF10 A CONI'WUAR VIVIFNIX) IN SO CAS1 SI NO COMPRENDE I7. CONrF'NIDO DE ESTA NOITPICACION OPT1,NGA UNA TRADUCCION IMMI971A fAMENIE LIAMANDA 1S IA MANCIA WFNNSYLVANIA IiOtISIN(, I I ANCE A(lENCY, SIN CARGOS AL NUMLRO MI:NCIONADO ARRIBA F I i7)ES SPR I I EGBLi PARA UN PRI:S"IAMO POR FL PROGRAMA LLIMNX) 91OMFOWNGR S EMERGENCY MORTGA( IASSISTANCE. PROGRAM" El, CURL PGE'DP: SAI NAR SO CASA OF I -A PIMADA DI 1, I)ERLCRO A RDIMIR SU I IIYO'IGCA. Date: Ala-11 13, 2()0; '10t Kerin Armstrrntp 1722 Shmuxxl Road New Cuntlvdand. PA 17070 11 remi1722 Shencoo ti Road New Cuminarland. PA 17070 Re. Loan Numlxnr (14381 *649 F'ROM'. I lon,wmtinen Financial Page 2 of 6 https:llimaging.homecomino°s.com/imageviewIPrintImages.asp?DocumentID=81308754&... 5/25/2005 -Image Print 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 W1rif TILT PROVISIONS OF 1FIB HOMEOWNERS F;MERGFNCY MORTGAGE ASSUUANCE AC-1 OF 1983 (1111; 'ACI'), YOU MAY 61 ILIOU31-E FOR FKAERGENCY MORTGAGI[ ASSIS"IANCG:: IF YO(JR DEFAULT HAS BF3EN CAUSED 13Y C IRC'IJMS'I'ANCFS BFYOND YOUR CON] ROL- IF YOII 11AVE A REASONABU PRO5PI'CI' OF 131:ING AB E TO PAY YOUR MORTGAGF PAYMENTS- AND IF YOU MEFi'U O"UI lllZ LLIGIBIL I FY REQIIIREMFN-l S I'STABLISHIdD 13Y'INE PENNSYLVANIA IIOUSINC FINANCIi AGENCY TEMPORARY STAY OF FORECLOSURE - Under the Act, voti are entitled ton temporary star offoreclosme On vow mortgage 1'or thirty (30) datsiiom the date of this Notice. During that time. cou nmst airmge and attend a "face io-face" mceling with one of the consumer credit counseling agencies listed at (fie eaid of this Notice THIS MEETING MUST OCCUR W rHIIN THE NEXT 31) DAYS 1F YOI I DO NOT APP; Y FO Z CMLIZCENCY MOR"IGA(iF ASSISI ANCIS YotI Mi1S'f ffiZING YOUR MORTGAGF_ UP TO DATE. THE PART OF 11-1IS NO] CI C'ALLhD' HOW FO CI IRF YOF!R MOR GAGE DFFAUI:I'-. FXPI AINS HOW It) BRING YOUR MORTGAGE UP TO DAl'E. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit eounschng agarcic? IisYed at the nil of tliis uaiee. die leader matt NO7 takr action against fMi for tlrinp (30) days attar the date of this meeting- The names addresses and telethon e numhass of desumatod a"Isama' credit crnmwling agenda for the algIn m which th_ptope n is kckned arc set FoYh at the aid of this Notice It is oilg nia c,,,avv to schedule one tece-to-face meeting- Advise pour hander aunicdiawh ofvour intntions. APPLICATION FOR MORTGAGE ASSISTANCE- )'ow' mortgage is in default for the reasons set forth Inter in This Notice isce folbaking pages for Tu;ific information aNnit the mitre of cote defaujr) If Von how vial and are unable to resolve this problem whh the larder. cou have the right to apply for financial assistance front the I tomorsiner's Lmorpencv Mortgage Assistance Program. 'To do w, you must fill nut, >ign .md f Ic a annplcied Homanmcr s Hmergncy Aavistance Program Applicntiar wilh one oC the dctitignaad anutancr nredil cowmtilurg agnciee tinted at the end of this Notice. Chdv wry mner credit coumnYhng agencies have applications lot the program and Lack- will assist you in suMnitimc a complete application to the Penn+plvtmia Housing Finance Agency. Your application MILS I he filed nr pnatmarke3 onion mull, (40) da,, of tour faa:lo-tax mw[mg LENDER CONTACT IN REGARDS TO PENNSVLVANIA HOUSING FINANCIAL ASSISTANCE I hanc{;cnnmgs F intmcial 9350 Wasie Win Suite ER) San Diego. C.A'T'1'; Ann" Contact Center. Fret Manparelli Phone. I-8(x).2106 :9OI, or 858505 7558 Page 3 of 6 https: //imaging.homecomings.com/imageview/PrintImages.asp?DocumentlD=81308754&... 5/25/2005 Image Print 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 tar ernergencr mwtptic as.siatance the vvey !united. Thee will he disbursed be the Agent wider the eligibilitc criUnia cstabi Shod by the Act. '[lie P<auuvIi aina I lousing Finance Agoiey has sixtY (6(i) day,, to make a derision after it ruxrv?N your application, During dmt tine. no fineclmure proceedings Will lw pnrsuecl against wat it %ou have met the time requirCm2nly set firth above You will Ixs notified ducellp by the Pennsylvania I lousung finance Agenw of its khei5lon im nmr application. NOTE: IF YOU ARE CURRENTLY PROTECTED 81' 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 -'Ihe MORTGAGE debt held by the nlx>vt leader ou your prop-TI} locates at 17'Shanyrnxi Road. New k einbvrland. PA 17070 IS SERIOUSLY IN DEP'AtILT Ixcau e YOU HAVE NOT MADF MONTHLY MORTGAGE PAYMENTS fw the follo"Ing months and the folluwing enutuvs arc wow past due- Mutably pto.'menis fnmi 12!011041,)04A)1105 totaling' $ 5390-50 Lott Charges: $ 2f95' Other fcei and/or costs (hwluding NSF charges and proptaty inslxstfcxu): $ 9611) LESS: unapplied Funds: N/A ToIAt S 5.696-05 HOW TO CURE THE DEFAULT - You may one the dtfau h sithin I14IR IY (30) DAYS ol'the date ol'this Notice BY PAYING THE TOTAL AMOUNT DUE TO THE, LENDER. WHR'l l IF $ 5,696.01. 111,1N ANY MOIYIGAGh Pt1Yh1f{N"fti ANll LAI h CHARhFS t5'i 11Cti HECOMP. UUT, l)U121NG'I ll[- THIKIY' 1101 DAY PERIOD- Pasrnetits nwst tnr made tith.a by cash. aizhier ± clack. ccrtifi d chock or money orlo made navabk and sent m. Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle. South, Suite 100 Phoenix, AZ 85034-971f0. IF YOU DO NOT CURE THE DEFAULT _. 11 viii do not cure the default tWluu TI LIl'ZfF (30) DAYS ot'the date of this Notice, the lender intends to exercise Its richt to accelerate the murteaee debt Tlais meatus that (lie entire otawandurg twlance of this debt will be amsldeied due immediately and von may lose the chance to pay the mungage in monthly invallme?us. If hill pmiwu of (lie tend amount past due is not made within TIlIR'I'Y (30) Page 4 of 6 https://imaging.homecomings.com/imageviewIPrintImages.asp?DocumentID=81308754&... 5/2512005 Image Print DAYS, the lender also intends to instruct ib attorn,n to start legal achon to fexeclow upon tour mortgaged prolvi-tc. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will he sold M? the Shoat] to pup oft the mortgage data, If the londcr refers your case to its attorney, but you care the dclinquenc-y before the lender begins legal procecdinis against con, you will still be requactl to pac the reitsmable anorne's fees that were actualiv incurred. up hi, $50.(X7. However, illegal proceedings are started against yon, you will have to pay all reasonable attorney a lei actually incurred by the lends, even if they woad $5200. An, altonnat s fees will be added to the amount cou one the lender, which muv also indutlc other reasonable costs. If vast cure the default within the THIRTY (30) DAY period, vast will wit he required to Pas attorney's fees. OTHER LENDER REMEDIES - the lender may also sue cog personally for the unpaid pronalml Imlance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If con hate not cued the default within the T1{I bf1'Y ('.)) DAY period and foralontre prcrecdiues bare began, you_ti11 hate the right to one the default ,aid prevent the sale at air, time stn to one hour before the Sheriffs Safe- You mac do vu h. paving the total amount then past due plus any late or other chances then due reasonable aroma's fees and costs connected veldt the forcelowrt sale and any other costa eonuoetoyl with th, Sheri13 s Rule ns s1xx.Uied in wriun ? be the lender and be erRorrnin mic other re uiremsxtla undo th° <rt ?•. Curing your default in the manner set forth in this Notice will rextarepour 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 Sherul's Sal, of the mortgaged property could be hold would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Slic iff`s Sale will fee sent to cou before the safe. Of course, the amount needed to cure the default will increase the longer you wait- You may find out at any time caactly what the requ rod pavment or action will be by contacting the tender. HOW TO CONTACT THE LENDER: Heaneconungs Financial 2711 N. HasW], Swle y(X) Dalhe, [:N 75204 Ann: Loan C:ounseliug DL[ a ftroau Phone' Ipe(N)?IHi2901 EFFECT OF THE. SHERIFF'S SALE - You should realise that a Sheriffs Sale will end v-err ownership of the meMgagod property and yon' right to moulw it. If tou continue to lh'e in Rte protx'rtc after the Shuiff- Sale. a law.sult to remove ,,in and your funnA ings and other belongings could be-started be the lender at any ham. ASSUMPTION OF MORTGAGE - You now he able to sell or transfer vo ur home to a haver or transfers who will assume tire mortgage debt, provided that all the outstanding pavmenta, Charges and auormc's fee, slid co-as are paid prior to of at the sale and that the other requirvmrents of the mortgage are satisfied_ YOU MAY ALSO HAVE THE RIGHT: 10 "HA, 'I 111. PROPIiR"I ) "10 013 FAIN MONEY TO PA) OH 'I [IF MORIGACL DL13T OR T'O BORROW MONEY FROM ANI)I HER 11ND1NG IN$Il"I'(tIION ltd PAY t Fl'IIIIS DFIl f. t 1 I1AA1- THIS DF.F'A171:1 Ct1RED BY ANY THII2o PARTY ACTING ON YOUR RF,HALF. Page 5 of 6 https:llimaging.homecomings.comlimageviewIPrintImages. asp?DocumentID=81308754&... 5/25/2005 Image Print TO I I.A VU "LHE MORT'GA(E RES'10RI D I'O TIIF SAME PosmON AS H- NO DFdFAUL I IIAD OCCURRED, IF YOU CURT TFIE DFFAULF. (HCIWF.VF_R, YOU D0 NO"F I{AVE MIS RIGHT TO CURE YOUR DEFAULT MORE TI LAN THRI Y1 TIMES IN ANY CM I{NDAR YEAR') IO ASSI:Rl HIE NONIaISIENCU OF A DITAULI IN ANY PORECLOSITRI3 PROCEEDING OR ANY OMER I.AWSUfT INSII7UI'FD UNDFR HH; MORIGA01 DOCUMENIS. 10 ASSERT ANY OTHER DiT FW: YOU BFt,lFVU YOU MAY] AVE FO SUCH AC'F[ON nY TIE: I.F_NT)ER, TO SfTK PROTECTION UNDF,R THF; FEDERAL HANKRI PICY LAW Smcemh_ I.mn Counuling Dywrlmmi Lndn,'ure(s) List of Counseling Agnciuti Page 6 of 6 https://imaging.homecomings.corn/imageviewIPrintlmages.asp?DocumentI D=81308754&... 5/25/2005 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. J r v Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. V-1 C QV) SHERIFF'S RETURN - REGULAR CASE NO: 2006-01300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS ARMSTRONG KEVIN ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARMSTRONG KEVIN AKA KEVIN D ARMSTRONG the DEFENDANT , at 1120:00 HOURS, on the 16th day of March , 2006 at 1722 SHERWOOD ROAD NEW CUMBERLAND, PA 17070 by handing to ARMSTRONG ADULT IN CHARGE 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 14.96 Affidavit .00 Surcharge 10.00 .00 42.96 Sworn and Subscribed to before me this al.k- day of A. D. rotho ry So Answers: R. Thomas Kline 03/17/2006 UDREN LAW OFFICE By : yl, "Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2006-01300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS ARMSTRONG KEVIN ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARMSTRONG AMY AKA AMY J ARMSTRONG the DEFENDANT , at 1120:00 HOURS, on the 16th day of March , 2006 at 1722 SHERWOOD ROAD NEW CUMBERLAND, PA 17070 by handing to AMY ARMSTRONG 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this o2(0? day of D. 26 otho So Answers: 1 R. Thomas Kline 03/17/2006 UDREN LAW OFFICE By: - 77?/? eputy Sheriff 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 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1300 Civil Term SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendants, Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a/k/a Amy J. Armstrong have filed Chapter 13 Bankruptcy in the Middle District of Pennsylvania on April 7,2006, Bankruptcy Case No. 06-00619. Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff ?-j r--a Q ?' C:3 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 ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS 9275 Sky Park Court, 3rd Floor :CIVIL DIVISION San Diego, CA 92123 :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Kevin Armstrong €NO. 06-1300 CIVIL TERM a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Defendant (s) 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) Kevin Armstrong, a/k/a Kevin D. Armstrong and Amy Armstrong, a/k/a Amy J. Armstrong 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 Interest Per Complaint From 2/23/06 to 3/20/07 Late charges per Complaint From 2/23/06 to 3/20/07 TOTAL I hereby certify that (1) the addresses of the are as shown above, and (2) that notice has been Rule 237.1, a copy of which is attached hereto. $150,891.31 12,977.29 700.83 $164,569.43 Plaintiff and Defendant given in accordance with LAW OFFICES, P. 'Mark J. Udren, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE : a 9 PRO PROTKY UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Require .ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 ATTORNEY FOR PLAINTIFF JP Morgan Chase Bank, as Trustee Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) TO: Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 DATE of Notice: March 9, 2007 COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1300 Civil Term 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 O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 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-JOIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL THAT Wo dcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. N0..04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY BILL; NJ 08003 856-669-5400 pleadinas@udren.com JP Morgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff ECIVIL DIVISION ;Cumberland County V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong NO. 06-1300 Civil Term Defendant (s) TO: Kevin Armstrong a/k/a Kevin D. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 DATE of Notice: March 9, 2007 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 TERMING DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 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 PRACTICE ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLE T.OR AND THIS IS AN ATTEMPT O COLLECT A DEBT. ANY INFORMATION OBTAINED WILL ?Fi USED FOR.A;4AT PURPOSE. W do t Corporate Center 111 Woodcrest Road, Suite 200 .rry.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 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION V. :Cumberland County Kevin Armstrong a/k/a Kevin D. Armstrong :MORTGAGE FORECLOSURE Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) :NO. 06-1300 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: Age. Residence: Employment: Defendant: Age: Residence: Employment: Kevin Armstrong a/k/a Kevin D. Armstrong Over 18 As captioned above Unknown Amy Armstrong a/k/a Amy J. Armstrong Over 18 As captioned above Unknown / Name : Title: Sworn to and subscribed Company: before me this 20th day of March, 2007. No ? y P:,. is MARK J. UDREN, ESQ. ATTORNEY FOR PLAINTIFF UDREN LAW OFFICES, P.C. IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: CHAPTER 13 Kevin D. Armstrong Amy J. Armstrong CASE NO. 1-06-bk-00619 MDF JP Morgan Chase Bank as Trustee Movant VS. Kevin D. Armstrong Amy J. Armstrong Debtor(s) and Charles J. DeHart, III, Esquire Trustee RESPONDENTS ORDER MODIFYING AUTOMATIC STAY Upon consideration of the Motion of JP Morgan Chase Bank as Trustee for Relief from Automatic Stay, as well as the Certification of Default filed by same, it is hereby ORDERED AND DECREED THAT: The 11 U.S.C. §362 Automatic Stay of all proceedings is hereby modified with respect to premises located at: 1722 Sherwood Road New Cumberland, PA 17070 so as to allow the Movant to foreclose on its mortgage and allow the purchaser of said premises at Sheriffs Sale (or purchaser's assignee) to take any legal action for enforcement of its right to possession of said premises; and it is further ORDERED THAT: The relief granted by this order shall survive the conversion of this bankruptcy case to a case under any other Chapter of the Bankruptcy Code; and it is further BY the Court, Dated: February 27, 2007 U14MP14 Judge 0?- This document is electronically signed and filed on the same date. SHERIFF'S RETURN - REGULAR CASE NO: 2006-01300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS ARMSTRONG KEVIN ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARMSTRONG KEVIN AKA KEVIN D ARMSTRONG the DEFENDANT , at 1120:00 HOURS, on the 16th day of March 2006 at 1722 SHERWOOD ROAD NEW CUMBERLAND, PA 17070 AMY ARMSTRONG by handing to ADULT IN CHARGE 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 14.96 Affidavit .00 Surcharge 10.00 .00 42.96 Sworn and Subscribed to before me this day of A. D. Prothonotary So Answers: R. Thomas Kline 03/17/2006 UDREN LAW OFFICE By: , Deputy Sheriff qho SHERIFF'S RETURN - XhUULAX "CASE NO: 2006-01300 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS ARMSTRONG KEVIN ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon ARMSTRONG AMY AKA AMY J ARMSTRONG the DEFENDANT at 1120:00 HOURS, on the 16th day of March , 2006 at 1722 SHERWOOD ROAD NEW CUMBERLAND, PA 17070 by handing to AMY ARMSTRONG 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 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this day of A. D. So Answers: R. Thomas Kline 03/17/2006 UDREN LAW OFFICE BY - eputy Sheriff Prothonotary V r ?J lie ? { 1 C13 i 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 JPMorgan Chase Bank, as Trustee =COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Kevin Armstrong a/k/a Kevin D. Armstrong :NO. 06-1300 CIVIL TERM Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) To: Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania you are ' in the hereby notified that a Judgment has been enterP*4-ry above proceeding as indicated below. X Judgment by Default Money Judgment Judgment in Replevin 3/-1q1o ? Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 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 JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. 'MORTGAGE FORECLOSURE Kevin Armstrong :NO. 06-1300 CIVIL TERM a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) To: Kevin Armstrong a/k/a Kevin D. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 NOTICE Pursuant to Rule 236 of the Supreme Court of Penn ylvania, ou are hereby notified that a Judgment has been entered ga' in the above proceeding as indicated below. othon x Judgment by Default Money Judgment Judgment in Replevin -?/.2 516 Judgment for Possession Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren Esquire At this telephone number: 856-669-5400 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 JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Kevin Armstrong :NO. 06-1300 CIVIL TERM a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $164,569.43 Interest From 3/21/07 5,609.11 to Date of Sale 9/5/07 Ongoing Per Diem of 33.19 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. v.,.ai.ia, uv}lvsnu EY FOR PLAINTIFF ar M O qv-? i C c r ba r ? -art c e c '`' ? - `D . . a 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 JPMorgan Chase Bank, as Trustee ':COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION Cumberland County V. :MORTGAGE FORECLOSURE Kevin Armstrong :NO. 06-1300 CIVIL TERM a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong 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. UDREN LAW OFFICES, P.C. Oren, ESQUIRE FOR PLAINTIFF C"? ? C7 f- D W 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 JPMorgan Chase Bank, as Trustee ::COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County v. MORTGAGE FORECLOSURE Kevin Armstrong :NO. 06-1300 CIVIL TERM a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase 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: 1722 Sherwood Road, New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed owner(s): Name Address Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 1722 Sherwood Road New Cumberland, PA 17070 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 Joanna Ward Neidig 4. Name and address of of record: Name JPMorgan Chase Bank as Trustee 506 Lamp Post Ln. Camp Hill, PA 17011 the last recorded holder of every mortgage Address 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 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 Tax Claim Bureau 55 East Court Street Doylestown, PA 18901 Domestic Relations Section Commonwealth of PA, Department of Revenue 30 East Court Street Doylestown, PA 18901 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 1722 Sherwood Road New Cumberland, PA 17070 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 20, 2007 UDREN LAW OFFICES, P.C. i r\ rk J. Udren, ESQ. Attorney for Plaintiff ' r-- a -? C ? ? ? ?? w.. ? . =-, , ?=> ? ? - , -- : ? `? 'v * ' .. ' n ' ? F? 4 ' „ ? is 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 JPMorgan Chase Bank, as Trustee Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-1300 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kevin Armstrong a/k/a Kevin D. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Your house (real estate) at 1722 Sherwood Road, New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on September 5, 2007, at 10:00 am in the James Lorah Auditorium, Broad & Main Streets, Doylestown, PA, to enforce the court judgment of $164,569.43, 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 TARE 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 ='? 9-- WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-1300 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE, Plaintiff (s) From KEVIN ARMSTRONG A/K/A KEVIN D. ARMSTRONG AND AMY ARMSTRONG A/K/A AMY J. ARMSTRONG (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 $164,569.43 L.L. $.50 Interest FROM 3/21/07 TO DATE OF SALE 9/5/07 - ONGOING PER DIEM OF $33.19 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,609.11 Atty's Comm % Atty Paid $154.96 Plaintiff Paid Date: MARCH 29, 2007 (Seal) Due Prothy $2.00 Other Costs Curtis R. ong, Protho By: 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 l UDREN LAW 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 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Defendant (s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1300 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 was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by order of Court, then proof of compliance with said order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. n 4904 This Affidavit is made subject to pe ies o 1 Pa VPC ectio relating to unsworn falsification to au orities. Dated: August 30, 2007 UDREN A OF CESBY: Mark J. Udren, Esquire Attorney for Plaintiff i UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY BILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank, as Trustee Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-1300 CIVIL TERM AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase 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: 1722 Sherwood Road, New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 1722 Sherwood Road New Cumberland, PA 17070 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 Joanna Ward Neidig 506 Lamp Post Ln. Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Address JPMorgan Chase Bank. as Trustee 5. Name and address of on the property: Name none Address 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 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 1722 Sherwood Road New Cumberland, PA 17070 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 OMCES1 P.C. DATED: August 30, 2007 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 every other person who has any record lien Mark J, Udreh squire Attorney for 4intiff 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 JPMorgan Chase Bank, as Trustee Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-1300 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong PROPERTY: 1722 Sherwood Road New Cumberland, PA 17070 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the CumbedoW County Sheriffs Sale on September 5. 2007, at 10:00 am, at the COMMISSIONERS HEARING ROOM, 2ND FLOOR, COURTHOUSE, CARLISLE, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A w cis a 10 _0 a p D? 3 y N a g ?? 3OtlJ.So? S. r y t ? N ? 4? co ,i E pv i r ?s 61! E ?XH?g?S A 4 4 c E U ?o ? v o, JP Morgan Chase Bank, as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Kevin Armstrong a/k/a Kevin D. Armstrong Writ No. 2006-1300 Civil Term and Amy Armstrong a/k/a Amy J. Armstrong Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2007 at 1138 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a.k.a Amy J. Armstrong, by making known unto Amy Armstrong a/k/a Amy J. Armstrong personally, and wife of Kevin Armstrong a/k/a Kevin D.Armstrong, at 1722 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1320 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 Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a/k/a Amy J. Armstrong located at 1722 Sherwood Road, New Cumberland, 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: Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a/k/a Amy J. Armstrong, by regular mail to their last known address of 1722 Sherwood Road, New Cumberland, PA 17070. These letters were mailed under the date of July 2, 2007 and never returned to the Sheriffs Office. So Answers: R. Thomas Kline, Sheriff BY J6 Real Estate Sergeant EXHIBIT B O OR cn LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 sstein@pjrlaw.com JP MORGAN CHASE BANK, as TRUSTEE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN ARMSTRONG a/k/a KEVIN D. ARMSTRONG and AMY ARMSTRONG a/k/a AMY J. ARMSTRONG Defendants MORTGAGE FORECLOSURE NO. 2006 - 1300 CIVIL TERM PETITION TO SET ASIDE SHERIFF'S SALE OF REAL PROPERTY AND NOW COMES the above-named Defendants by and through their attorney Scott A. Stein, Esquire and files the within petition upon the grounds hereinafter more fully set forth: 1. Defendants Kevin Armstrong and Amy Armstrong are the title owners of premises identified as 1722 Sherwood Road, New Cumberland, Pennsylvania. 2. Notice of Sheriffs Sale of Real Property was sent to the defendants at the property address of 1722 Sherwood Road, New Cumberland, Pennsylvania by Counsel for Plaintiff, Udren Law Offices, P.C. prior to the sale. 3. The notice sent by Plaintiff advised defendants that the sheriff s sale of the property was scheduled for September 5, 2007 at 10:00 am in the James Lorah Auditorium, 1? . Broad and Main Streets, Doylestown, Pennsylvania. (A true and correct copy of the Notice is attached hereto as Exhibit A). 4. The defendants traveled to Doylestown on the date of the Sheriffs Sale and were informed by the Sheriff s Office that their property was not being sold by the Sheriff in Doylestown and that the property should be sold by the Sheriff of Cumberland County. 5. Defendants missed the sale of their property as a direct result of the improper notice received from counsel for plaintiff. 6. To permit the present sale to go through, especially in view of the inadequacy of the notice provided to defendants would constitute, in the opinion of counsel for the defendants, a gross miscarriage of equitable justice. WHEREFORE, petitioners request that this Court set aside the sheriff's sale of the property or in the alternative, enter a rule on the plaintiff, JP Morgan Chase Bank, the Sheriff of Cumberland County, and the prospective purchaser, to show cause why the Sheriff s Sale. of the defendants' property should not be set aside. The Law Offices of Peter I Russo, P.C. r! Scott-A Stein, Esquire Attorney I.D. No. 81738 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Plaintiff Date: YFRHgCA110N 1, Awvln i.), Amisimns and Amy .i. Armstrong, verily tiwt the statements etude in this Pelidon we true and mot. I undwdnd that false its made hatin are subject to the penaities or I's Ya.i:,a. § 4W4 relating to unworn taisiucation to aumontics. Doft: NO r 1 D. kmsuwc Ken &,;" WI! Ante J w • S LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F: (717) 591-1756 sstein@pjrlaw.com JP MORGAN CHASE BANK, as TRUSTEE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : MORTGAGE FORECLOSURE KEVIN ARMSTRONG NO. 2006 - 1300 CIVIL TERM a/k/a KEVIN D. ARMSTRONG and AMY ARMSTRONG a/k/a AMY J. ARMSTRONG Defendants CERTIFICATE OF SERVICE I, Scott A. Stein, Esquire, hereby certify that I am on this day serving a copy of the foregoing Petition to Set Aside Sheriff's Sale upon the person and in the manner indicated below: First Class Mail addressed as follows: Mark J. Udren, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 ott A. Stein, Esquire Date: l e r - C-7 t7 ? C-a , O -r t gay _... ?t 0...4 LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F:(717)591-1756 prusso@pjrlaw.com Attorneys for Defendants JP MORGAN CHASE BANK, as TRUSTEE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN ARMSTRONG a/k/a KEVIN D. ARMSTRONG and AMY ARMSTRONG a/k/a AMY J. ARMSTRONG Defendants : MORTGAGE FORECLOSURE : NO. 2006 - 1300 CIVIL TERM ADDENDUM TO PETITION TO SET ASIDE SHERIFF'S SALE OF REAL PROPERTY AND NOW COMES the above-named Defendants by and through their attorney Peter J. Russo, Esquire and in compliance with local rules files the attached Addendum to their Petition to Set Aside Sheriff s Sale of Real Property: Pursuant to Cumberland County Local Rule 208.3(a)(2), it is the assertion of undersigned counsel that no Judge has ruled upon any other issue in this or any related matter. 2. Pursuant to Cumberland County Local Rule 208.3(a)(9), after speaking with Attorney Stuart Winneg and requesting his concurrence or non-concurrence with Defendants' filing of this petition, it is the assertion of undersigned counsel that Plaintiff, by and through their counsel, Stuart Winneg, Esquire did not concur with the filing of this Petition to Set Aside Sheriffs Sale of Real Property. Thel.aw-Offiee-ofIWer ,Ru-sso, P.C. Peter J. Russo, Esqu Attorney I.D. No. 72897 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Attorney for Defendants Date: October 11, 2007 LAW OFFICES OF PETER J. RUSSO, P.C. BY: PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 3800 Market Street Camp Hill, PA 17011 PH: (717) 591-1755 F:(717)591-1756 prusso@pjrlaw.com Attorneys for Defendants JP MORGAN CHASE BANK, as TRUSTEE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. KEVIN ARMSTRONG a/k/a KEVIN D. ARMSTRONG and AMY ARMSTRONG a/k/a AMY J. ARMSTRONG Defendants : MORTGAGE FORECLOSURE NO. 2006 - 1300 CIVIL TERM CERTIFICATE OF SERVICE I, Peter J. Russo, Esquire, hereby certify that I am on this day serving a copy of the foregoing Addendum to Petition to Set Aside Sheriff's Sale upon the person and in the manner indicated below: First Class Mail addressed as follows: Mark J. Udren, Esquire Stuart Winneg, Esquire Udren Law Offices, P.C. Woodcrest Corporate Center I I 1 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Peter J. Russo, Esqu Date: October 11, 2007 N OCT 0520074 JP MORGAN CHASE BANK, as TRUSTEE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : MORTGAGE FORECLOSURE KEVIN ARMSTRONG NO. 2006 - 1300 CIVIL TERM a/k/a KEVIN D. ARMSTRONG and AMY ARMSTRONG a/k/a AMY J. ARMSTRONG Defendants ORDER OF COURT AND NOW, this day of 6j T , 2007 upon consideration of the within Petition to Set Aside the Sheriff's Sale of Real Property, a Rule is hereby entered on the Sheriff of Cumberland County, and JP Morgan Chase Bank, to show cause why the sheriff s sale covering the premises identified as 1722 Sherwood Road, New Cumberland, Pennsylvania, exposed for sheriffs sale on Sep+t?ember 5, 2007, should not be set aside. Z&91 Rule returnable on the a t? day of If> , 2007 at . ?d o'clock: FM. in Courtroom number 3 , of the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. All proceedings to stay meanwhile, including further proceedings in connection with the Sheriffs Sale. BY THE COURT, J. Distribution: Scott A. Stein, Esquire0 Market Street, Camp Hill, PA 17011 dark J. Udren, Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 Cumberland County Sheriff ' ?..-I °'w, ? nth l'? SO :8 V 9 1 130 LCOZ AUVIC, :'Hi JO 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 on 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 29th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 1300, at the suit of JPMorgan Chase Bank Tr against Kevin Armstrong aka Kevin D AM Armstrong aka AmyJ is duly recorded as Instrument Number 200727252. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this )'(0 day of A.D. 4-0 Recorde of Deeds • ' ky em51m E*h' #* ft INo PA Mey d,?n JWL.IIOtO t JP Morgan Chase Bank, as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania Kevin Armstrong a/k/a Kevin D. Armstrong Writ No. 2006-1300 Civil Term and Amy Armstrong a/k/a Amy J. Armstrong Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on May 25, 2007 at 1138 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a.k.a Amy J. Armstrong, by making known unto Amy Armstrong a/k/a Amy J. Armstrong personally, and wife of Kevin Armstrong a/k/a Kevin D.Armstrong, at 1722 Sherwood Road, New Cumberland, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 11, 2007 at 1320 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 Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a/k/a Amy J. Armstrong located at 1722 Sherwood Road, New Cumberland, 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: Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a/k/a Amy J. Armstrong, by regular mail to their last known address of 1722 Sherwood Road, New Cumberland, PA 17070. These letters were mailed under the date of July 2, 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 $1,278.28. Sheriff s Costs: Docketing $30.00 Poundage 25.06 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 32.64 Levy 15.00 Surcharge 30.00 Law Journal 491.00 Patriot News 482.39 Share of Bills 15.69 Distribution of Proceeds 25.00 Sheriff s Deed 41.00 $1,278.28 So Answers: 00 R. Thomas Kline, Sheriff BY !IC Real Estate rgeant K 9' /6/7/0 1 ?"'" qv' ?A ? ?osio /g?i ?7 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 ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION € Cumberland County V. _ Kevin Armstrong a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant (s) :MORTGAGE FORECLOSURE :NO. 06-1300 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase 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: 1722 Sherwood Road, New Cumberland, PA 17070 1. Name and address of Owner(s) or reputed Owner(s): Name Address Kevin Armstrong a/k/a Kevin D. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 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 Joanna Ward Neidig 506 Lamp Post Ln. Camp Hill, PA 17011 4. Name and address of the last recorded holder of every mortgage of record: Name Address JPMorgan Chase Bank as Trustee 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 1W 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 Tax Claim Bureau 55 East Court Street Doylestown, PA 18901 Domestic Relations Section Commonwealth of PA, Department of Revenue 30 East Court Street Doylestown, PA 18901 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 1722 Sherwood Road New Cumberland, PA 17070 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: March 20, 2007 rUrk J. Udren, ESQ. Attorney for Plaintiff •* r UDREN 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 JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION Cumberland County V. ;MORTGAGE FORECLOSURE Kevin Armstrong NO. 06-1300 CIVIL TERM a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J Armstrong Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Kevin Armstrong a/k/a Kevin D. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Your house (real estate) at 1722 Sherwood Road, New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on September 5, 2007, at 10:00 am in the James Lorah Auditorium, Broad & Main Streets, Doylestown, PA, to enforce the court judgment of $164,569.43, 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.) y YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 j . ALL THAT CERTAIN tract or parcel of land situate in the Borough of Now Cumberland, County of Cumberland, Commonwealth ofPennsyivania, more particularly bounded and described according to a murve:yofD.P. Raffensperger, Rgistorod Surveyor, dated July 25,1956, as follows: BEGINNING at apoint on the western line of9herwood Road, sevenbtmdred thirty and twenty-three one-himdredtba (730.23) feet South ofthe Southwest comer of the intersection of Sherwood Road and Brandt Avenue, also being at the dividing line betweenLot No. 20 and Lot No. 21, Block "A" of the-hereinaftermentioned Plsn of Lots; thence Soudmm-dly along the Western line of Sherwood Road, fly-five (55) fact to a point at the div ftg line between Lot No. 19 and LotNo. 20, Block "A." on said Plan, thence Wcstwaradly along same, said lieu running at right angles to Sherwood Road, one hundred twenty (120) feet t6 a, point on the Bastern right-of-way line of'York Baltimore Bxpressway; thence Northwattily along some stty--five (55) feet to a point at the dividing line between Lot No. 21 and Lot No. 20, B1cak "A" on said Plan; thane Eastwa dly along same and at right angles to Sherwood Road, one hundred twenty (120) fWlto a point, the Place of 3313OD NINA, BM G Lot No. 20, Block "A" on Pfau of Highland Park Rdmdon, said Plan recorded in 0f6w ofthe-Recorder oMecds in and for Cumberland County in P1=Baok 5, Page 59. .HAVING thereon crated a one story, iisme dwelling house, known and munberod as 1722 Shenvood Road. UNDMAND SUBJECi'to an ari=a= ofthc Commonwealth of Peumsyhmdafor Highway slope ptuposes as shown on said Plan along the rear portion thereof UNDER AND SUBJECT to an casement in favorofthe Now CumberlandBamugh Authority for thematute naneeofasauttarysewerlinea's now esdad"gupon the groumdalong therm . portion of said lot, created by a grant dated December 23. 1953, sad intended to be recorded. BEING KNOWN AS: 1722 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070 PROPERTY ID NO.: 26-23-0543-191 TITLE TO SAID PREMISES IS VESTED IN KEVIN D. ARMSTRONG AND AMY J. ARMSTRONG, HUSBAND AND WIFE BY DEED FROM JEFFREY R. BESHORE AND MARLA R. BESHORE, HUSBAND AND WIFE DATED 06/30/04 RECORDED 08/06/04 IN DEED BOOK 264 PAGE 2935. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire f 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 'COURT OF COMMON PLEAS Plaintiff ;CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Kevin Armstrong NO. 06-1300 CIVIL TERM a/k/a Kevin D. Armstrong Amy Armstrong a/k/a Amy J. Armstrong Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Amy Armstrong a/k/a Amy J. Armstrong 1722 Sherwood Road New Cumberland, PA 17070 Your house (real estate) at 1722 Sherwood Road, New Cumberland, PA 17070 is scheduled to be sold at the Sheriff's Sale on September 5, 2007, at 10:00 am in the James Lorah Auditorium, Broad & Main Streets, Doylestown, PA, to enforce the court judgment of $164,569.43, 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 RfGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. J 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 a a ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, Cot mty of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described accordingto a surveyofD.P. Raffensperger, Rogistmvd Surveyor, dated July 25, 1956, as follows: BEGINNING at apoint on tht westernlint of 5`hmvood Road, seven hundred thirty and twenty-three one-hun&edths (730.23) facet South ofthe Southwest corner of the intersection of Sherwood Road and Brandt Avenue, also being at the dividing Em between Lot No. 20 and lAt No. 21, Block "A" oftba-herakeftermondonedPlanofLots; thence Souttmwdlyalong the Westezu line of Sherwood Road, fifty-five (55) fact to a point at the dividing lase between Lot No. 19 and LotNo. 20, Block W = said Plan; thence Wcstwardly along samr, said line running at right angles to Sherwood Road, one hundred twenty (120) feet to a point on the But= right-of-way line of York Baltimore Bxpressway; thence Northwardly along same fl#ty--five (55) feet to a point at the dividing line between Lot No. 21 sad Lot No. 20, Block "A" on said Plan; thence Bastwardly along same and at right angles to Sherwood Road, one hundred twenty (120) faWlto a point, the Place of BECIIlVNTNQ, BM G Lot No. 20, Block "A" on Phu of Highlnnd Park P.atatsion, said Plan recorded in Office ofthe-Recorder of Deeds in and for Cumberland County in Pl=Book 5, Page 59. HAVING thereon eected a one story, frame dwelling house, known and munberad as 1722 Sherwood Road. . UNDERAND SUBJECTto an easement ofthe Commonwealth ofPeamsylvamafor Highway slope purposes as shoatn on said Plan along the raw portion thereof MER AND SUWECI' to an easement in favor ofthe Now Camberlaad Borough Authority for the maintenance of a sanitary sewer litre as now exdsdng upon the groundalong the rear . porttoa of said lot, created by a grant dated December 23. 1953, and intended to be reearded. BEING KNOWN AS: 1722 SHERWOOD ROAD, NEW CUMBERLAND, PA 17070 PROPERTY ID NO.: 26-23-0543-191 TITLE TO SAID PREMISES IS VESTED IN KEVIN D. ARMSTRONG AND AMY J. ARMSTRONG, HUSBAND AND WIFE BY DEED FROM JEFFREY R. BESHORE AND MARLA R. BESHORE, HUSBAND AND WIFE DATED 06/30/04 RECORDED 08/06/04 IN DEED BOOK 264 PAGE 2935. WRIT OF EXECUTION and/or ATTACHMENT t COMMONWEALTH OF PENNSYLVANIA) NO 06-1300 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE, Plaintiff (s) From KEVIN ARMSTRONG A/K/A KEVIN D. ARMSTRONG AND AMY ARMSTRONG A/K/A AMY J. ARMSTRONG (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 $164,569.43 L.L. $.50 Interest FROM 3/21/07 TO DATE OF SALE 9/5/07 - ONGOING PER DIEM OF $33.19 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,609.11 Atty's Comm % Atty Paid $154.96 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MARCH 29, 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 Telephone: 856-669-5400 d1,11h - I -I::- &I - d-., Curs R. Long, P nota By: Deputy Supreme Court ID No. 04302 I..LJ Real Estate Sale # 07 On April 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in New Cumberland Borough, Cumberland County, PA Known and numbered as 1722 Sherwood Road, New Cumberland, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: April 13, 2007 By: Real Estat Sergeant 1 E '8 ,V S - 8d'V H-01 J? r_. , . 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 #7 . ..... . . .................. Sworn to and subscribed betl,iQIfa?r-p?g}Q??i1-D• Sad "erry pucirc ?;ity of itu; r?urg; u?wphin Colirty f V^ amm? i011 Expire;JL)!-, ; 20,b' M@ oki?r 4?a c .,anta AScArir,t` nr 1?f?1A7? NOTAOY P LIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 +14. 11" W- ve /hit1 AnrAM MW Aft- Deww"m ALL nW CEMN tta¢t of puml of land sitotdc m. aw talp* of *w b mheriaad, Ceoaty of of ??and dmuibe d asap tp j of D.P. Rat gier, pe#treatd SWfty r, dated My 25,1436, as hAkx : BB i at tpoant an;dw ran liee of Sham lEbrd "ttlt ili't8rrty ad tw?jr-?a?{?et Sa?lh of *' w w"clt -Sim Otto *ehe? of sawaod ?lu®dt ?yteittt," b B at dr dives line bi?btroeti k No. 20 nd Lot No ?1, Mdddt "A" of ?e , WE iioe of ?. ', ?) fat Ma # ?YN Lot No.1 }?C "a {no; lifte, me htM" taAMY (4* fOd to a paint oa the Eastem tight-of-way -ifs'?O Yak-BahicmoEe EWa ., No*m* aaa?e oa ward at -Br ?lst?d?nd tw" pow p6m Of B B of No. 29 , ",4" go Plxof pmi sue' r in c 59.T HA?li .,. a. . aia ttlrMltavd as 1722 of [Yat A `STN,Db'ma in favor uf''tbe i °B{h, Aar8f' a sRiatay searef Une as now cm* wm the gzoutri aim' U'tm P* 9f I-aA'A moo by a gtaw d?bi?'br?; and d b be tccadtzi. T[ sm.006"m >SNEWM IN K9W D. - AXWftOW `A1P1!) . AMY I _ MAIaf.A R i1B4?N ? ANiD IN 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. a Marie Coyne ditor SWORN TO AND SUBSCRIBED before me this __2 __day of August, 2007 Notary NOTARIAL SEAL DEBORAH A COWNS Notary Pubac CARLISLE BORO. CUMBERLAND COINViy My COmmluion EXI*6$ Apr 28, 2010 REAL ESTATE SALE NO. 7 Writ No. 2006-1300 Civil JP Morgan Chase Bank, as Trustee vs. Kevin Armstrong a/k/a Kevin D. Armstrong and Amy Armstrong a/k/a Amy J. Armstrong Atty.: Mark Udren DESCRIPTION ALL THAT CERTAIN tract or parcel of land situate in the Borough of New Cumberland, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and de- scribed according to a survey of D.P. Raffensperger, Registered Surveyor, dated July 25, 1956, as follows: BEGINNING at a point on the western line of Sherwood Road, seven hundred thirty and twenty- three one-hundredths (730.23) feet South of the Southwest corner of the intersection of Sherwood Road and Brandt Avenue, also being at the dividing line between Lot No. 20 and Lot No. 21, Block "A" of the herein- after mentioned Plan of Lots; thence Southwardly along the Western line of Sherwood Road, fifty-five (55) feet to a point at the dividing line between Lot No. 19 and Lot. No. 20, Block "A" on said Plan; thence Westwardly along same, said line running at right angles to Sherwood Road, one hundred twenty (120) feet to a point on the Eastern right-of-way line of York-Baltimore Expressway; thence Northwardly along same fifty-five (55) feet to a point at the dividing line between Lot No. 21 and Lot No. 20, Block "A" on said Plan; thence Eastwardly along same and at right angles to Sherwood Road, one hun- dred twenty (120) feet to a point, the Place of BEGINNING. BEING Lot No. 20, Block "A" on Plan of Highland Park Extension, said Plan recorded in Office of the Recorder of Deeds in and for Cum- berland County in Plan Book 5, Page 59. HAVING thereon erected a one story frjM_? d welling house, known and numbered as 1722 Sherwood Road. UNDER AND SUBJECT to an easement of the Commonwealth of Pennsylvania for Highway slope pur- poses as shown on said Plan along the rear portion thereof. UNDER AND SUBJECT to an easement in favor of the New Cum- berland Borough Authority for the maintenance of a sanitary sewer line as now existing upon the ground along the rear portion of said lot, cre- ated by a grant dated December 23, 1953, and intended to be recorded. BEING KNOWN AS: 1722 SHER- WOOD ROAD, NEW CUMBERLAND, PA 17070. PROPERTY ID NO.: 26-23-0543- 191. TITLE TO SAID PREMISES IS VESTED IN Kevin D. Armstrong and Amy J. Armstrong, husband and wife by deed from Jeffrey R. Beshore and Marla R. Beshore, husband and wife dated 06/30/04 recorded 08/06/04 in Deed Book 264 Page 2935. JP MORGAN CHASE BANK, as TRUSTEE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS MORTGAGE FORECLOSURE KEVIN ARMSTRONG a/k/a KEVIN D. NO. 2006-1300 CIVIL TERM ARMSTRONG and AMY ARMSTRONG a/k/a AMY J. ARMSTRONG, Defendant ORDER OF COURT AND NOW, this 29th day of October, 2007, this matter having been resolved by agreement of the parties as placed upon the record in open court, the parties' agreement is adopted as an order of this Court. /Urden Law Offices, P.C. Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 V/Law Offices of Peter J. Russo, P.C. Peter J. Russo, Esquire 3800 Market Street Camp Hill, PA 17011 ?p ex mu c P ?07 :mlc c r y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, CIVIL DIVISION JPMorgan Chase Bank, as Trustee € NO. 06-1300 Plaintiff V. Kevin Armstrong a/k/a Kevin D. Armstrong _ and Amy Armstrong a/k/a Amy J. Armstrong Defendants CONSENT ORDER dam` AND NOW, to wit, this /1D day of Dw? 92007, upon consideration of Defendants' Petition to Set Aside Sheriff's Sale and the Plaintiff's response, by consent of the parties, the terms of which were placed on the record on October 29, 2007, it is hereby ORDERED AND DECREED as follows: The Petition to Set Aside Sheriffs Sale is hereby dismissed with prejudice; 2. Plaintiff shall pay to Defendants the sum of $2,500.00 within 10 days of the date of this Order; 3. Plaintiff is hereby granted Judgment for Possession of the premises located at 1722 Sherwood Road, New Cumberland, PA 17070 ("Premises"), except that Defendants shall remain in the premises as conditioned below; 4. Defendants shall vacate the subject premises on or before December 28, 2007; 5. Defendants shall leave the premises in broom clean condition; 6. In the event that the Defendants vacate the premises on or before December 28, 2007, Plaintiff shall file appropriate discontinuance documents with the Prothonotary regarding these proceedings and Plaintiff shall thereafter waive any deficiency rights against the Defendants pertaining to this matter; 7. In the event that the Defendants vacate the premises as set forth hereinabove, Plaintiff shall diligently provide written correspondence to the Defendants setting forth that the foreclosure proceedings would be dismissed forthwith; and In the event that the Defendants fail to vacate the premises on or before December 28, 2007, Plaintiff is entitled to immediate possession of the premises and may utilize a certified copy of this Order with a proposed Writ of Possession pursuant to this docket number and these proceedings for submission to the Prothonotary for immediate issuance of a Writ of Possession without additional proceedings so that the Sheriff can evict/eject the Defendants from the premises as early as December 29, 2007. 9. The Defendants hereby agree to release and forever discharge the Plaintiff, and each of the officers, directors, shareholders, partners, attorneys, predecessors, successors, representatives, insurers, assignees, agents, employees, executors, administrators, heirs, and all persons acting by, through, or in any way on behalf of the parties, of and from any and all claims, debts, defenses, liabilities, costs, attorneys' fees, actions, suits at law or equity, demands, contracts, expenses, damages, whether general, specific, punitive, exemplary or contractual, and causes of action of any kind or nature in connection with the subject matter of this litigation. 10. In the event that the Defendants fully comply with the terms and conditions of this Agreement, Plaintiff shall waive its rights to in accordance with the Deficiency Judgment Act, 42 P.S. 8103. AND AGREED: ?ICES. P.C. By:? Alan N Attorney Attorney Entered 2007 Edward E. Guido, Xhl vm Ls? 6ep, ?usso J .ato, Esq. Plaintiff PETER J. RUSSO, P.C. i Peter J. Russo, Esq. Attorney for Defendants of J. 0C :6 14V 1 i 0-i0 LODZ "-trq f n-;