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HomeMy WebLinkAbout06-2353UDREN 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. David E. Dick 4 Mountainview Carlisle, PA Drive 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. QC9 - a 383 elUL YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Wooderest 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: 4 Mountainview Drive MUNICIPALITY/TOWNSHIP/BOROUGH: Middleton Township COUNTY: Cumberland DATE EXECUTED: 6/1/05 DATE RECORDED: 616105 BOOK: 1909 PAGE: 4293 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 4/20/06: Principal of debt due Unpaid Interest at 6.875%* from 11/1/05 to 4/20/06 (the per diem interest accruing on this debt is $29.79 and that sum should be added each day after 4/20/06) Title Report Court Costs (anticipated, excluding Sheriff's Sale costs) Late Charges (monthlyy late charge of 44.69 should be added in accordance with the terms of the note each month after 4/20/06) Attorneys Fees (anticipated and actual to 50 of principal) TOTAL $156,000.00 5,094.09 325.00 280.00 223.45 7,800.00 $169,722.54 *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 will 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 $169,722.54 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 of lend situate in North Middletan Township, Cumberand County, Pennsylvania, bounded and described as follows: BEING Lot No. 75 on the Plan of Creak View Heights, Section "E', as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, Page 6Z: canteining 103.70 feet along the West Wong Mountain Mew4Drive; contWning 61.78 feet along the curve leading to Sinn Lane; containing 86.07 feet along the Souttralong Susan Lane as sheen on said Plan; containing 142.67 feet along the East along Lots of Noll Manor as shown on said Plan; and containing 125.04 feet aiong the North along land now or formerly of Hooke, Lebo & Hooke, as shown on said Plan. CONTAINING 17,540 square feet. SUBJECT, NEVERTHELESS to the building and use restrictions as reoordad In the Office afore.rid in Miscellaneous Book 197, Page 1050. UNDER AND SUBJECT to covenants, conditions, reservations. restriatans, easemeirts and right of ways of record. BEING PART OF THE SAME PREMISES which Hooke, Lebo & Hooke, a partnership composed of Williern H. Hooke, Game O. Lebo and Wiliam H. Hooke, Jr., by Deed slated May 30, 1986, and recorded May 30, 1986 In the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book X-31, Page 562, granted and conveyed unto Dennis C. Fry end June C. Fry, his wife. 3 Homecomings Financial A GMAC Company February 06, 2006 0439453416 David F. Dick 4 Mountain View Drive Twp Of North Middleton, PA 17013 Re: Property Address: 4 Mountain View Drive Ttvp Of North Middleton, PA 17013 Certified Mail, Return Receipt Requested Loan Number: 0439453416 A default exists under the above referenced Mortgage/Deed of Trust loan agreement. The action required to cure the default is the payment of all sums due under the Mortgage/Deed of Trust loan agreement. As of the date of this letter the total amount due is $ 2,479.7D . That sum includes the following: 3 payments totaling: $ 2,681.25 Late charges: $ 134.07 Other fees and/or costs N/A Unapplied Funds . $ 335.62 The total amount due shown above is subject to further increases for additional monthly payments, late charges, attorney fees, and/or other fees and cost which may become due, after the date of this letter. To obtain an update of the total amount due to cure this default, contact us at 1.800.206.2901. TO CURE THIS DEFAULT, SEND YOUR CASHMR'S CHECK, MONEY ORDER, OR CERTIFIED CHECK IN THE AMOUNT OF $ 2,479.70 BY March 08, 2006 TO THE FOLLOWING ADDRESS: 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 the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the MortgagelDeed of 'Crust to be immediately due and payable. 'The lender then intends to have the property sold at a public foreclosure sale, After acceleration, a curing of the default and reinstatement of the loan will be permitted up to the time of the sale by paying the past due monthly payments and other sums than due under the Mortgage0ced of Trust loan agreement and by complying with all terms of reinstatement. You have the right to bring a court action to assert the nonexistence of a default or any other defense that may exist to prevent acceleration and sale of the property. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. Sincerely, Loan Counseling Department HLII 'Homeownership counseling is available to you livough me 'Credit Counseling Reso me Caster' (CCRC), an alliance ofconsumer credit counseling agencies. The CCRC has he. retained by Homecomings Financial to provide advice to you on credit issues, including how to reduce debt and improve cash flow management capabilities. You may contact them at 1.877.806.0775 for assistance at no rust to you, or you may wish to contact a HUD-approved housing counseling agency by calling 1.800.569.4287 for further abotmation. Homecomings Financial 2711 North Haskell Avenue Suite 9CDDollas, Texas 75204 C/?1'7?A7IT 800.206.2901 Homecomings.com r7 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. 'This is an official notice that the mortga eon your home is in default and the lender intends to foreclose SpeoiSo information about the nature of the default is provided in the attached napes The HOME OWNER'S MORTGAGE ASSISTANCE PROGRAM[ (HEMAP) may be able to help to save vour home This Notice explains how the program works To see if HEMAP can help you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF TH DATE OF THIS NOTICE. Take this notice with you when you meet with the Counseling Aeencv The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the nd cf this Notice. If you have anv questions, you may esll [he Pennsvlvanie Housing Finance Aeencv toll ire t 1-800-342-2397 (Persons with imeaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTMICACION EN AD7UN70 ES DE SUMA %TORTANCIA, PUSS AFECTA SIT DERECIIO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INWEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SAL VAR SU CASA DE LA PERDIDA DEL DEREC IO A REDIMIR SU HIPOTECA. Date: February 06, 2006 TO: David E Dick 4 Mountain View Drive 'Twp Of North Middleton, PA 17013 Premises: 4 Mountain View Drive Twp Of North Middleton, PA 17013 Re: Loan Number. 0439453416 FROM: Homecomings Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSITANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time, you most arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDPT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the count in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must till out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE HomeComings Financial Attn: Ryan Ramos 9350 Waxie Way Ste. 100 San Diego, CA. 92123 Fax: 858-514-5516 ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO THE ABOVE REFERENCED ADDRESS. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at 4 Mountain View Drive, Twp Of North Middleton, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from 12/01/05 to 02/01106 totaling: S 2,681.25 Late Charges: S 134.07 Other fees and/or costs (including NSF charges and property inspections): N/A LESS: Unapplied Funds: S 335.62 TOTAL $ 2,479.70 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER WHICH IS $ 2.479.70. PLUS ANY MORTGAGE PAYMENTS AND LA'Z'E CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he made either by cash. cashier's check certified check or money order made navable and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. if the lender refers your case to its attorney, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender, even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If von cure the default within the THIRTY (30) DAY period you will not be required to pay attornev's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at anv time up to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due plus anv late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by perforating anv other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSDILE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be able to sell or transfer your home to a buver or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF ITUS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN "THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT TIT NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. 'TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE; TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW Sincerely, Loan Counseling Department Enclosure(s) List of Counseling Agencies V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ,4I Mark J. Cdr 6n, ESQUIRE UDREN LAW OFFICES, P.C. Q ? c -f- ?, V I ? I UDREN LAW OFFICES, I.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 0430 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 080 3-3620 856-669-5400 ATTORNEY FOR PLAINTIFF JP Morgan Chase Bank, as :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. David E. Dick :NO. 06-2353 Civil Term De f ndant (s ) P ECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY Kindly substitute the attached Verification for the Verification attached to the captioned matter. laint in Mortgage Foreclosure with regard to the UDREN LAW OFFICES, P.C. DATED: June 6, 2006 BY: Mark J. Udren, Esquire Attorney for Plaintiff V E R I F I C A T I O N The undersi ned, an officer of the Corporation which is the Plaintiff in the foregoing Complaint or an officer of the Corporation whic is the servicing agent of Plaintiff, and being authorized to make this verification on behalf of the Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from ecords maintained by persons supervised by the undersigned who maintain the business records of the mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. The undersigned understands that this statement is made subject to the enalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifi ation to authorities. Date: Name : nt i resident Title: AI Company: Homec mings qFancial Network David E. Dick Loan #043945341 MJU #06040317 - - ?. n - M ni 1 _? T ?? G.rT S 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 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE V. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) NO. 06-2353 Civil Term PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s) David E. Dick 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 $169,722.54 Interest Per Complaint 1,400.13 From 4/21/06 to 6/6/06 Late charges per Complaint 44.69 From 4/21/06 to 6/6/06 TOTAL I hereby certify that (1) the addresses of /the Plaintiff and Defendant are as shown above, and (2) that notice has been given in accordance with Rule 237.1, a copy of which is atta ed hereto. Y. C. aren, ZiQUIXE for Plaintiff DAMAGES ARE HEREBY ASSESSED AS DATE%w)It? 2n6 L INDICATED PRO P THY 11 SHERIFF'S RETURN - REGULAR CASE NO: 2006-02353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS DICK DAVID E SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DAVID E the DEFENDANT , at 1400:00 HOURS, on the 3rd day of May , 2006 at 4 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 by handing to DANA CARBAUGH, GIRLFRIEND 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 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscribed to before me this day of A. D. Prothonotary So Answers: R. Thomas Klin e 05/04/2006 UDREN LAW OFFICE By: eputy She ff ?1 ROE) 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 856-669-5400 JP Morgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff ?CIVIL DIVISION :Cumberland County V. David E. Dick Defendant(s) NO. 06-2353 TO: David E. Dick 4 Mountainview Drive Carlisle, PA 17013 DATE of Notice: May 26, 2006 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9106 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 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR AND THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED\WgttL,BE USED FOR THAT PURPOSE. Woodcrest Corpdrate Center 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. 1 BY: Mark J. Udren, Esquire BATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 JP Morgan Chase Bank, as Trustee 1270 Northland Drive Suite 200 Mendota Heights, MN 55120 Plaintiff V. David E. Dick 4 Mountainview Carlisle, PA Drive 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-2353 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF Minnesota COUNTY OF Dakota SS THE UNDERSIGNED being duly sworn, de averments herein are based upon invest maintained by us either as Plaintiff or Plaintiff herein and that the above De Military or Naval Service of the Unitec Allies as defined in the Soldiers and S 1940, as amended, and that the age and employment of each Defendant are as fol Defendant: David E. Dick Age: Over 18 Residence: As captioned above Employment: Unknown Sworn to and subscribed befope me this 6 ;Z d 1 20 6, _r 171? Notary ruoii / c A8 *Iua poses and says that the igations made and records as servicing agent of the Eendant(s) are not in the States of America or its tilors Civil Relief Act of last known residence and lows: ame: 01 Title: AM a President Company: Homecomings inancial Network ! V V (-Ti ? ' 0 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. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-2.353 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $171,167.36 Interest From 6/7/06 5,451.57 to Date of Sale December 6, 2006 Ongoing Per Diem of 29.79 to actual date of sale including if sale is held at a later date (Costs to be added) ATTORNEY FOR PLAINTIFF (v aLr r b ? C c? 4 C C a ? r? ? cr+ c y w -.mac cr. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2353 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 DAVID E. DICK (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 $171,167.36 L.L. $.50 Interest FROM 6/7/06 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $29.79 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $5,451.57 Any's Comm % Arty Paid $114.40 Plaintiff Paid Date: JUNE 6, 2006 Due Prothy $1.00 Other Costs CURTIS R.- ON Prothonotary (Seal) 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 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. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) NO. 06-2353 Civil Term C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the pena?ties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authprities. OFFICES, P.C. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE Ma`fk J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF ? ? o ?' ? ? ?, s ?! ?=: -„ i'??r?' ? t -n?, :9 ?% ? ? ?? ?? ..n L?? ' --? rn . , t.5 v° .? ca uz r1 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. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-2353 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 JP Morgan 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: 4 Mountainview Drive (Middleton Township), Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address David E. Dick 4 Mountainview Drive Carlisle, PA 17013 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 None r 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Mortgage Electronic P.O. Box 2026 Registration Systems, Inc. Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept Domestic Relations Section Commonwealth of PA, Department of Revenue 1 Courthouse Square Carlisle, PA 17013 13 N. 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 4 Mountainview Drive (Middleton Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or informati and belief. I understand that false statements herein are made subjec to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn fal ification to authorities. OFFICES,/P.C. DATED: June 6, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff c? c u. r('.7 C7 1 Clt Ul a FT, 7 !Cj j rn It 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. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-2353 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Your house (real estate) at 4 Mountainview Drive(Middleton Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00 A.M. in the Commissioners Hearing Room, 2nd F1., Courthouse, Carlisle, PA, to enforce the court judgment of $171,167.36, 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 i-ediate 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.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT SPHERE 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 t7 o p T G M HI m _> Ca t W (7l SHERIFF'S RETURN - REGULAR CASE NO: 2006-02353 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS DICK DAVID E SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon DICK DAVID E the DEFENDANT at 1400:00 HOURS, on the 3rd day of May , 2006 at 4 MOUNTAINVIEW DRIVE CARLISLE, PA 17013 by handing to DANA CARBAUGH, GIRLFRIEND 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 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 Sworn and Subscribed to before me this day of A. D. So Answers ``-'mo'o R. Thomas Kline 05/04/2006 UDREN LAW OFFICE By. I eputy She ff Prothonotary 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 JP Morgan Chase Bank, as :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION 1270 Northland Drive ::Cumberland County Suite 200 Mendota Heights, MN 55120 Plaintiff V. David E. Dick 4 Mountainview Drive :NO. 06-2353 Civil Term Carlisle, PA 17013 Defendant(s) 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 This Affidavit is made subject to the Pena t' s f 8 a.C.S. ion 4904 relating to unsworn falsification to autho i ies Dated: December 1, 2006 UD LA FFICE P.C. BY: Mar J. U ren, Esquire Attorney for Plaintiff 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 JP Morgan Chase Bank, as :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION 1270 Northland Drive :Cumberland County Suite 200 Mendota Heights, MN 55120 Plaintiff :NO. 06-2353 Civil Term V. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) DATE: June 6, 2006 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): DAVID E. DICK PROPERTY: 4 MOUNTAINVIEW DRIVE (MIDDLETON TOWNSHIP) CARLISLE, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on December 6, 2006, at 10:00 A.M., at the Commissioners Hearing Room, 21d F1., 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 i vi C! 41 ?. to Ulf =60 pW 3 ID ?? , h r Q E _? ti-F 118 0000 •- °• a m E M 1 Z T T V a p W ? q+ ?_ V0 &L a a O? LL a W 1 O ' ? ? 3 } p / y`± ?1 ?T co z L te/ aAwV? y J. A N? lL y I M I.- 3 ?u o Q y o I ' X g U-0 O j O 3= z ?o 'L" o? nx ao a w UU ?V dM- A - g -a a?Z o 1 1 c W z a ? A 3a to c ZQ? _ J r N I V) 11 W t o 1( o co O> - r _ ? iEyHis T A d O L C. ,a. z O iL a CO < JP Morgan Chase Bank, as Trustee VS David E. Dick In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2353 Civil Term Cpl Timothy Reitz, Deputy Sheriff, who being duly sworn according to law, states that on September 26, 2006 at 1700 hrs. he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: David E. Dick, by making known unto David E. Dick personally, at 4 Mountainview Drive, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 12, 2006 at 2045 hrs., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David E. Dick located at 4 Mountainview Drive, Carlisle, 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: David E. Dick, by regular mail to his last known address of 4 Mountainview Drive, Carlisle, PA 17013. This letter was mailed under the date of October 05, 2006 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions from Attorney Mark Udren. Sheriff's Costs: Docketing $30.00 Poundage 80.00 Advertising 15.00 Posting Handbills 15.00 Law Library .50 Prothonotary 1.00 Mileage 8.80 Certified Mail 2.36 Levy 15.00 Surcharge 20.00 Law Journal 389.00 Patriot News 332.06 Share of Bills 15.94 $ 924.66 / ICI ?4/aG So Answers: R. Thomas Kline, She ff B Real Estat ergeant 6a N4 4 5'(1 J6.7 i?-G ?g? .TTO -FOR W OFFICES ?.C. s ire lc ? , ?drell ? E ? REN Ma pe?302 ?cRES'? GOR?Q ITT tJDREN LAW OFFICES, P.C. ATTOR] 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 :COURT OF COMMON PLEAS Trustee 'CIVIL DIVISION 1270 Northland Drive 'Cumberland County Suite 200 Mendota Heights, MN 55120 `MORTGAGE FORECLOSURE Plaintiff v. David E. Dick :--NO. 06-2353 Civil Term 4 Mountainview Drive Carlisle,.PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JP Morgan 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: 4 Mountainview Drive (Middleton Township), Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address David E. Dick 4 Mountainview Drive Carlisle, PA 17013 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 None 4. Name and address of the last recorded holder of every mortgage of record: Name Address 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. See Caption above. Mortgage Electronic P.O. Box 2026 Registration Systems, Inc. Flint, MI 48501-2026 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Dept. 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. 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 4 Mountainview Drive (Middleton Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. OFFICES,/P.C. DATED: June 6, 2006 Mark J. Udren, ESQ. Attorney for Plaintiff . UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mara'J.'tldrea, Require ATTY UDREN LAW_ OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark?J. Udren, Esquire ATTY I. D. NO. 0r4 3 0 :ate, WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JP Morgan Chase Bank, as :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION 1270 Northland Drive ;Cumberland County Suite 200 Mendota Heights, MN 55120 :MORTGAGE FORECLOSURE Plaintiff V. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) NO. 06-2353 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Your house (real estate) at 4 Mountainview Drive(Middleton Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00 A.M. in the Commissioners Hearing Room, 2nd F1., Courthouse, Carlisle, PA, to enforce the court judgment of $171,167.36, 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 SHERIFFS SALE DOES TARE PLACE. C 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 Ir - Z ' n l t l l . ; i i q F pp ? Y fi t 7 C f ? y {.y f h IT J I ?? Cdr s j f ? y E r ? V ` i? ?ky pp ?t 4 ? F Lt- i F ?r ALL THAT CERTAIN ha# of land shoats in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEING Lot No. 75 on the Plan of Creak View Heights, Section me, as recorded in the OfCbe of the Recorder of Desds for Cumberland County in Plan Book 39, Pape 62: containing 103.70 feet along the West along Mountain VlewOrive; containing 81.78 feet along dw curve leading to Shan Lam conb?ining 86.07 feet along the Sou t elonQ Susan Lane as shown on said Plan; containing 14267 feet along the East along Lots of Noll Me nor as shown on said Plan, and containing 125.04 float siong the North along lend now or formerly of Hooke, Lebo & Hooke, as shown on said Plan. CONTAINING 17,540 square feet SUBJECT. NEVERTHELESS to the building and use restrictions. as ?e0ordsd4n the Offkm afore.a?d in Miscellaneous Book 19T, Pape 1050. UNDER AND SUBJECT to covenants, conditions. reservations, restrictions, essaments and right of ways of Renard. BEING PART OF THE SAME PREMISES which Hooke, Lebo & Hooke, a partnership =nposed of William H. Hooke. George 0. Lebo and William H. Hooke, Jr., by Deed dated May 30, 1986, and recorded May 30,19W in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book X-31, Page 562, grunted and conveyed unto Dennis C. Fry and June C. Fry, his Wife. BEING KNOWN AS: 4 MOUNTAINVIEW DRIVE (MIDDLETON TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 29-16-1096-176 TITLE TO SAID PREMISES IS VESTED IN DAVID E. DICK, SINGLE PERSON BY DEED FROM DENNIS C. FRY AND JUNE C. FRY, HUSBAND AND WIFE DATED 5/20/05 RECORDED 616106 IN DEED'BOOK 269 PAGE 1167. WRIT OF EXECUTION and/or ATTACHMENT COMMONWF..ALTH OF PENNSYLVANIA) NO 06-2353 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 DAVID E. DICK (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 $171,167.36 L.L. $.50 Interest FROM 6/7/06 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $29.79 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $5,451.57 Atty's Comm % Atty Paid $114.40 Plaintiff Paid Date: JUNE 6, 2006 (Seal) Due Prothy $1.00 Other Costs C TIS R. LONG Prothonotary 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 Real Estate Sale # 26 V On August 24, 2006 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township Cumberland County, PA Known and numbered as 4 Mountainview Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 24, 2006 ?-- b E Of V 8- NAF 9001 ?i-• 7 By: ?Jdow Real Estate Sergeant u 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 25th day(s) of October and the 1st and 8th day(s) of November 2006. 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 #26 Member l? / Dry ,?, .................................................. Sworn to ands sc b d ore me 4O5>?ho_ WEA TH November 2006 A. OF PENNSYLVANDIP Notarial Seal Terry L. Russell, Notary Public ly Of Harrisburg, Dauphin County Co ±ission Ores June 6, 2010 ?SVlvyenliVA,?.()ciationof o ries ? L ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE n CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ?r? ?{ ? ??. ;,e4 . -. a. '4 N 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: October 20, October 27 and November 3, 2006 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. ti Marie Coyne . Editor SWORD TO AND SUBSCRIBED before me this 3 day of November. 2006 LOIS E. SNYDER, Notary Public Carlisle Bom, Cumberland County ley commission Exires March 5, 2009 REAL ESTATE SALE NO. 26 Writ No. 2006-2353 Civil JP Morgan Chase Bank, As Trustee vs. David E. Dick Atty.: Mark J. Udren ALL THAT CERTAIN tract of land situate in North Middleton Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEING Lot No. 75 on the Plan of Creek View Heights, Section "E", as recorded in the Office of the Re- corder of Deeds for Cumberland County in Plan Book 39, Page 52; containing 103,70 feet along the West along Mountain View Drive; containing 61.78 feet along the curve leading to Susan Lane; con- taining 86.07 feet along the South along Susan Lane as shown on said Plan; containing 142.67 feet along the East along Lots of Noll Manor as shown on said Plan; and con- taining 125.04 feet along the North along land now or formerly of Hooke, Lebo & Hooke, as shown on said Plan. CONTAINING 17,540 square feet. SUBJECT, NEVERTHELESS to the building and use restrictions as recorded in the Office aforesaid in Miscellaneous Book 197, Page 1050. UNDER AND SUBJECT to cov- enants, conditions. reservations, restrictions, easements and right of ways of record. BEING PART OF THE SAME PREMISES which Hooke, Lebo & Hooke, a partnership composed of William H. Hooke, George O. Lebo and William H. Hooke, Jr., by Deed dated May 30, 1986, and recorded May 30, 1986 in the Office of the Recorder of Deeds in and for Cum- berland County, Pennsylvania in Deed Book X-31, Page 562, granted and conveyed unto Dennis C. Fry and June C. Fry, his wife. BEING KNOWN AS: 4 MOUN- TAINVIEW DRIVE, (MIDDLETON TOWNSHIP), CARLISLE, PA 17013. PROPERTY ID NO., 29-16-1096- 176, TITLE TO SAID PREMISES IS VESTED IN David E. Dick, single person by Deed from Dennis C. Fry and June C. Fry, husband and wife dated 5/20/05 recorded 6/6/06 in Deed Book 269 Page 1167. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trustee 'COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. 'MORTGAGE FORECLOSURE David E. Dick • 'NO. 06-2353 Civil Term Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $171.167.36 Interest From 6/7/06 11,081.88 to Date of Sale 6/13/07 Ongoing Per Diem of 29.79 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. Mar J. Ud n ES IR A ORNEY FOR LAINTIFF 41 w w w ti {"? N ?a w _ } ` ? ra r---) WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2353 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, AS TRUSTEE, Plaintiff (s) From DAVID E. DICK (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 $171,167.36 L.L. Interest FROM 6/7/06 TO DATE OF SALE 6/13/07 - ONGOING PER DIEM OF $29.79 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $11,081.88 Atty's Comm % Due Prothy $1.00 Atty Paid $1,051.56 Other Costs Plaintiff Paid Date: MARCH 14, 2007 Curtis R. Long, Prothonotary (Seal) BY 9 4zat Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :,CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE David E. Dick Defendant(s) :NO. 06-2353 Civil Term C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. /'\ n n M rk Udren E I E AT RNEY FOR PLAINTIF ?? ?--? t`' c -_ . ? ?n _ _ _? ? ?? ?? a, -? __s :- -z, 7 ? .? - (-Ti t ? __; ?,W' 1 BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE David E. Dick -NO. 06-2353 Civil Term 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: 4 Mountainview Drive, (Middleton Township) Carlisle, PA 17013 1. Name and address of Owner(s) or reputed Owner(s): Name Address David E. Dick 4 Mountainview Drive Carlisle, PA 17013 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 none 4. Name and address of of record: Name JPMorgan Chase Bank as Trustee the last recorded holder of every mortgage Address 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 Mortgage Electronic P.O. Box 2026, Flint, MI 48501-2026 Registration Systems, Inc. n 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 4 Mountainview Drive (Middleton Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: March 13, 2007 A A A Masxk J. U r n EVQ. Atttarney fo laintiff c-? ra z l V J UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trustee :.COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE David E. Dick :NO. 06-2353 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Your house (real estate) at 4 Mountainview Drive, (Middleton Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $171,167.36, 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 canceled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD 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 LLEGAL HELP. AWYER 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 C"7 ^? ?? C:. ? rl r= -- ?! :Ij s" i i_i `) - ?....., _; r ?.. J :?:,:? ?t ?' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as `COURT OF COMMON PLEAS Trustee `•CIVIL DIVISION Plaintiff :Cumberland County V. David E. Dick NO. 06-2353 Civil Term Defendant(s) MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an order directing service of the Notice of Sheriff Sale upon Defendant, David E. Dick by regular mail and certified mail and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant at 4 Mountainview Drive, Carlisle, PA 17013, which is the mortgaged premises. A copy of the Return of Service is attached hereto as Exhibit A. 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit B. 3. Said investigation was unable to determine an alternate address for said Defendant. 4. The last known address of Defendant is as set forth in the attached Exhibits. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sheriff Sale upon said Defendant, David E. Dick by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, PAC. By: V Mark J. U ren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 ATTORNEY FOR PLAINTIFF WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as `:COURT OF COMMON PLEAS Trustee :CIVIL DIVISION Plaintiff Cumberland County V. David E. Dick ::NO. 06-2353 Civil Term Defendant(s) MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE: A sheriff's return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit A, the Sheriff and/or Process Server has been unable to serve the Notice of Sheriff Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sheriff Sale upon Defendant by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES,\ P.C. By : v v V Mark J. Udren, Esquire Attorney for Plaintiff JP Morgan Chase Bank, as Trustee VS David E. Dick In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2353 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: David E. Dick, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, David E. Dick. Twelve attempts at service were made upon the defendant, but no one was home. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1324 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David E. Dick, located at 4 Mountainview Drive, Carlisle, 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: David E. Dick, by regular mail to his last known address of 4 Mountainview Drive, Carlisle, PA 17013. This letter was mailed under the date of April 30, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff BtJ, P6c Ato Real Estate eputy EXHIBff A May-01-07 12:08pm From-Player's Association 636 230 0558 T-799 P.013/026 F-935 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number. 06040317 Attorney Firm: MARK J UDREN & ASSOCIATES Case Number: Subject: David E Dick A.K.A.: None Last Known Address: 4 Mountainview Drive Carlisle, PA 17013 Last Known Number: ( ) - Melissa Kozma, being duly sworn according to law, deposes and says: 1. 1 am employed in the capacity of Location Specialist for Players National Locator. 2. On 05/01/2007, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):182-40-8351 B. EMPLOYMENT SEARCH: We were unable to verify current employment for David E Dick. C. INQUIRY OF CREDITORS: Creditors Indicated the last reported address for David E Dick Is 4 Mountainview Drive, Carlisle, PA 17013 with no valid home number. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for David E Dick. We called (717) 243-7123 and spoke with a relative who stated David E Dick is living at 4 Mountainview Drive, Carlisle, PA 17013. INQUIRY OF NEIGHBORS - NIA INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of April 30, 2007 the National Change of Address (NCOA) has no change for David E Dick from 4 Mountainview Drive, Carlisle, PA 17013. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license information for David E Dick. OTHER INQUIRIES - A. DEATH RECORDS: As of April 30, 2007 the Social Security Administration has no death record on file for David E Dick and/or A.K.A's under the social security number provided. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.); None Found. EXHIBIT P Uay-01-07 12:09pm From-Player's Association 636 230 0558 T-799 P.014/026 F-935 C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Registration Office. a ADDITIONAL INFORMATION ON SUBJECT - A. PATE OF BIRTH: July 1952 Kozma d and sworVIo before me on 05/2112007 " NOTARY SEAL " Kriatine M. Scot tary Pubiic Z00 St. Louis County, of Missours My Commission s 9/2/2010 W I Comm?eswn IVuuc»i2?665 PUBLIC Players National Locator 174 Clarkson Road, Ste 225 Ellisville, MO 63091 (636)230-9922 (636)230-0558 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES "? P.C. Date: May 2007 Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. David E. Dick NO. 06-2353 Civil Term Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other Date Served: May "1, 2007 TO: David E. Dick 4 Mountainview Drive Carlisle, PA 17013 UDREN LAW OFFICES P.C. By:_ 1 j Mark J. U Attorney dr6n, Esquire for Plaintiff t'> na d?a t -j UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION Plaintiff Cumberland County V. David E. Dick NO. 06-2353 Civil Term Defendant(s) AMENDED MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Mark J. Udren, Esquire, moves this Honorable Court for an order directing service of the Notice of Sheriff Sale upon Defendant, David E. Dick by regular mail and certified mail and in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant at 4 Mountainview Drive, Carlisle, PA 17013, which is the mortgaged premises. A copy of the Return of Service is attached hereto as Exhibit A. 2. Pursuant to Pa.R.C.P. 430, Plaintiff made a Good Faith Investigation, the report thereof being attached hereto as Exhibit B. 3. Said investigation was unable to determine an alternate address for said Defendant. 4. The last known address of Defendant is as set forth in the attached Exhibits. 5. A Judge has not ruled upon any other issue in this or a related matter, and there is no other issue before a Judge to be ruled upon. 6. There is no opposing counsel of record and therefore, no concurrence of opposing counsel can be sought. WHEREFORE, Plaintiff prays and respectfully requests that this Honorable Court enter an Order pursuant to Pa.R.C.P. 430 directing service of the Notice of Sheriff Sale upon said Defendant, David E. Dick by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. BY. ' Mark J. dren, Esquire Attorney for Plaintiff JP Morgan Chase Bank, as Trustee VS David E. Dick In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2353 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: David E. Dick, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, David E. Dick. Twelve attempts at service were made upon the defendant, but no one was home. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 121) 2007 at 1324 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David E. Dick, located at 4 Mountainview Drive, Carlisle, 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: David E. Dick, by regular mail to his last known address of 4 Mountainview Drive, Carlisle, PA 17013. This letter was mailed under the date of April 30, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff Real Estate eputy EXHIBIT A May-01-07 12:08wa From-Player's Association 636 230 0558 T-799 P.013/026 F-935 PLAYERS NATIONAL LOCATOR AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number 06040317 Attorney Firm: MARK J UDREN & ASSOCIATES Case Number: Subject: David E Dick A.K.A.: None Last Known Address: 4 Mountainview Drive Carlisle, PA 17013 Last Known Number: ( ) - Melissa Kozma, being duly sworn according to law, deposes and says: 1. 1 am employed in the capacity of Location Specialist for Players National Locator. 2. On 0510112007, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as follows: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S)-.182-40-9351 B. EMPLOYMENT SEARCH: We were unable to verify current employment for David E Dick. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for David E Dick is 4 Mountainview Drive, Carlisle, PA 17013 with no valid home number. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: Directory assistance had no listing for David E Dick. We called (717) 243-7123 and spoke with a relative who stated David E Dick is living at 4 Mountainview Drive, Carlisle, PA 17013. INQUIRY OF NEIGHBORS - NIA INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of April 30, 2007 the National Change of Address (NCOA) has no change for David E Dick from 4 Mountainview Drive, Carlisle, PA 17013. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license information for David E Dick. OTHER INQUIRIES - A. DEATH RECORDS: As of April 30, 2007 the Social Security Administration has no death record on file for David E Dick and/or A.KXs under the social security number provided. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.); None Found. EXHIBIT 13 1. May-01-07 12:09pm From-Player's Association 636 230 0558 T-799 P.014/026 F-935 C. COUNTY VOTER REGISTRATION: We were unable to confirm a listing with the County Voters Registration Office. ~ ADDITIONAL INFORMATION ON SUBJECT - A. DATE OF BIRTH: July 1952 Kazma 6 and swona to before me on 05/0112007 " NOTARY SEAL" Kristine M. Scott. Notary PubW ,In Louis County, State of Miawur! My Commission Expwes 9/212010 PUBLIC Commission Number ur`,a21$665 Players National Locator 174 Clarkson Road, Ste 225 Ellisville, MO 63011 (636)230-9922 (636)230-0558 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to take this Verification, and that the statements made in the foregoing MOTION FOR SPECIAL SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief . The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Sec 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. Date: May l?, 2007 Mark J. Odren,] squire Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trustee Plaintiff V. David E. Dick Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-2353 Civil Term MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. NOTE : A sheriff ' s return of "not found" or the fact that a defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A2d 603 (1976). An illustration of a good faith effort to locate the defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As set forth in the Return of Service marked Exhibit A, the Sheriff and/or Process Server has been unable to serve the Notice of Sheriff Sale. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Good Faith Investigation marked Exhibit B. WHEREFORE, Plaintiff prays and respectfully requests service of the Notice of Sheriff Sale upon Defendant by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. By: Mark J. U ren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Trustee :CIVIL DIVISION Plaintiff :Cumberland County V. David E. Dick ::NO. 06-2353 Civil Term Defendant(s) JPMorgan Chase Bank, as :COURT OF COMMON PLEAS CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire hereby certify that I have served true and correct copies of the attached Motion For Special Service upon the following person(s) named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other Date Served: May(b , 2007 TO: David E. Dick 4 Mountainview Drive Carlisle, PA 17013 UDREN LAW OFFIC S, P.C. 1 r. By: Mark J. Ud en, Esquire Attorney for Plaintiff «.,.a C _,, _ _ ..?.d- ? F r='?- ?? r+«.x. ?y ??..Y iV.? J? 4 j ? w 1I ;i \., ?_ ? ..? fJ "?- ....v s'?w a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION JPMorgan Chase Bank, as Trustee Plaintiff NO. 06-2353 Civil Term V. David E. Dick Defendant(s) O R D E R AND NOW, this 3O day of #ot , 2007, upon vwlo? consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sheriff Sale and all subsequent pleadings on Defendant, David E. Dick, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sheriff Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant, David E. Dick at 4 Mountainview Drive, Carlisle, PA 17013 and by posting the mortgaged premises located at 4 Mountainview Drive, Carlisle (Middleton Township), PA 17013. ?nu'c J. VINVOASNN3d E0 :$ Nb ! E AN LOU AUViO " iOW 341 --V; t 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 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-2353 Civil Term v. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) PRAECIPE TO FILE TO THE PROTHONOTARY: PROOF OF SERVICE Kindly file the attached Proofs of Service with regard to the captioned matter. UDREN LAW OFFICES, P.C. Date: June 28, 2007 BY: V Mark J. Udren, squire Attorney for P1 intiff Pr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION JPMorgan Chase Bank, as Trustee Plaintiff NO. 06-2353 Civil Term V. David E. Dick Defendant(s) O R D E R AND NOW, this 30'4"' day of 2007, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sheriff Sale and all subsequent pleadings on Defendant, David E. Dick, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sheriff Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant, David E. Dick at 4 Mountainview Drive, Carlisle, PA 17013 and by posting the mortgaged premises located at 4 Mountainview Drive, Carlisle (Middleton Township), PA 17013. J. C(-oO-4 b3 ( t-4 G JPMorgan Chase Bank, as trustee, et. al., Plaintiff(s) , v's. 000'. David E. Dick, et. al., Defendant(s) UDREN LAW OFFICES Ms. Henni Crommarty 111 Woodcrest Rd, Suite 200 Cherry Hill, NJ 08003-3620 Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 APS File #: 083623-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: -David E. Dick, by posting Court Case No. 06-2353 Civil Term - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - State of: A&(/ 141" At )ss. County o Name of Server: 4.16,4AJ.C? undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Date/Time of Service: that on the day of ? 4 L-^y e , 20 Q?j, at ?- D o'clock F-M Place of Service: at 4 Mountainview Drive , in Carlisle, PA 17013 Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property w/ Order Service of Process on: A true and correct copy of the aforesaid document(s) was served on: David E. Dick, by posting Person Served, and Method of Service: ? By personally delivering them into the hands of the person to be served. ;<By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with David E. Dick, by posting at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ; Skin Color ; Hair Color Facial Hair Approx. Age Approx. Height Approx. Weight ? To the best of my knowledge and belief, said pet' on was not engaged in the US Military at the time of service. '' II Signature of Server: Undersigned declares under penalty of perjury ubsc 'bed an s orn to before me this that the foregoing is true and c rrect. day o , 2 Signature of Server Notary Public (Commi sion Exp APS International, Ltd. Cc711MpNWEALTH OF PENNSYLVANIA Notarial Seal Donelle L. Trimble, Notary Public Carlisle Bono. Cumberland County My Commission Expires Sept. 11, 2010 Member, Pennsylvania Association of Notaries 0 ra Q -ri ' ' ? ? Vic;! :?` j? -n c..-• ? ?? ? "C3 > + t ?} .; N t?i - ? ? ? ??-; 4' Q .-? ?JC3 A % 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 :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION 9275 Sky Park Court, 3rd Floor :Cumberland County San Diego, CA 92123 Plaintiff V. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant (s) €NO. 06-2353 Civil Term VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: June 6, 2007 David E. Dick 4 Mountainview Drive Carlisle, PA 17013 I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: June 28, 2007 UDREN LAW I¢IFS, P. C. J. r:squire w ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION JPMorgan Chase Bank, as Trustee Plaintiff NO. 06-2353 Civil Term V. David E. Dick Defendant(s) O R D E R AND NOW, this 30"t, day of 2007, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sheriff Sale and all subsequent pleadings on Defendant, David E. Dick, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sheriff Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant, David E. Dick at 4 Mountainview Drive, Carlisle, PA 17013 and by posting the mortgaged premises located at 4 Mountainview Drive, Carlisle (Middleton Township), PA 17013. J. Cx-oO-4 03F7 t-f G r H O nod P) ?c No H- a (D W F' 0 U ro C r (~D' J o d N W H- M L O 1 -- o ii=m Z ? rn -<pnc rm?? ?9 4 Mn o7CDiN oom- °omn Zi M w -B!.Q 1 CERTIFIED MAIL - REC EIPT r-:1 j r-3 _a t _a i (Domestic Mail Only; No Ins urance Cov erage Provided) m :rn m m For defivery information visit ou r website at www.usps.com r Postage $ C C3 C3 C3 Certified Fee .?.... M p Retum Receipt Fee Postmark Here (Endorseme.t Required) I O rl r-l Restricted Dative Fee (Endorsement Required) , cc) CO ~- O 0 Total Postage & Fees $ .A -0 C3 : p eM To M1 s4iees ApE nio c David E. Dick ----- -....... orP_ Box-!-a-- 4 Mountainview Drive ZA Carlisle, PS Form 380D, June 2002 PA 17013 Sec Reve.r?e fot Instaictions r` I c ?. 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LL ti ti M C O LL cn Q. c? r- C c? 't1 'v N F7 i Vi . y 4 ri -! •• CD T7 f. 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 :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION 9275 Sky Park Court, 3rd Floor :Cumberland County San Diego, CA 92123 Plaintiff V. David E. Dick 4 Mountainview Drive :NO. 06-2353 Civil Term Carlisle, PA 17013 Defendant(s) 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. This Affidavit is made subject to e penal of 18 Pa,,,?.5. Section 4904 relating to unsworn falsification to oritie Dated: June 28, 2007 UDREN L*W/OJF1fCEJ, P. C. BY: I/ I Mark J. Udren, E quire Attorneiv for Pla' tiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire AM 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. David E. Dick Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS `: CIVIL DIVISION Cumberland County NO. 06-2353 Civil Term TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): David E. Dick PROPERTY: 4 Mountainview Drive, (Middleton Township) Carlisle, PA 17013 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on June 13.2007, at 10:00 am, in the Commissioners Hearing Room, 21 Fl., Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. EXHIBIT A m LL' N : E o . Z d uj LL u a c ? NLL y "O_ N fY. N O ? O ? N _ w C O ap a u' N (D E O t o 0 W E °: c m O NO N N of) Q. ? CO Y II ? r G rr 7, C'm C6 0 O N 6 Q > O ay a o co y 7 ? L ? ? 9 O N U C C ? N d 3 c6 X. LL U ? l11 N O 0. d y d 'a w O d OU V `- a W cr- 00 C3 C3 U, o N a Wa z O Z VulG O ° 4Q U ago vi N c c 9 vu (j N E ? °C i Ua u Q m zQ Z U. to Y ? N o m Z 9 g 0 c i z Q o U O ? 7? U Z r I ? OOG W N N W M ? U-Z 70 Lp Oo Z? 040 Z cc CA m Z W? c o ' QrLN t% ? W WST to Z 0. U. Q QU o j0 n mo OLU Lu IL) Z a. Q 4 4 Z oD to W c 4 C4 Nwoa r O QpUaY? d 25 E 'C Z Q N N ? ? m N N r ? Q ? ? z N ? p r r r r r ? OD t0 ? N o mtm? m m? p ? rpp E?0 O Am O? EO y. °op m ? : w m C t0 ? ?? E -? c ca rY-iro w?g v E c ? N. o ?i m m $. m r` N C (6 c ?E apa z $o NO p v m EJOrn a a4 G 'W p c x E N c °w"ma?z u m E ? o ? mac. LTr, rn? m vyr'mm°a c 1? w3A c } t c E m9 N N p N ? G m$,$n=c icw°'rno 'S 0 c c? m oo_ mom` ? ? C C) m G ? ? N I r?'wEac I 0 Iw E Z d a m E 0 CL C m a 0 a CD F a d d } E V 01 C? i O IL N b I a_N °aV a? ? d z ..>_ !J O ? F^ d a ? 0 d c9 v ..N+ y ? F J r exvA?j3?y PL rn Z t3 d LL r= eh 0 N CL t4 N 7 t?- M Q C-0 iz U W i? N om _ N Q w ?, ?y w y0.?. U d O? 01 N ?"O w aLL L 'RC N N g, ? a E? C C 0 ?U t o % 9 Q? ? 4 o a 3 _ as o? d c?>? N •C CO a? ? :i o .a d E12 LL d .% S a? ©1fl 0 c a to ? Q t y flflfl Q q a w o ? z W o o R a o W W ? v etI, U.0wz O p. oG J o v_ ;to vu 0 ac 9 u,? oc to ` u Z Go N 110 S? $ m t U? ca m? d ? .a n3 & m ji E N N ? (Ott R -0 c?a 0 r N Z T ? ? C 0 Q Q T m ffi C4 16 'It's "b Y us 7 ?j rd !1' c Il\ ", a O a 0 r s m m "a. E 0 U N.- LL O W Cl) G Q $ OD 7- o ~ N U? ) T r N W- t- °O °' m EXHIBIT p? tf) a? ti I u. tt? a 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 :COURT OF COMMON PLEAS Trustee :CIVIL DIVISION 9275 Sky Park Court, 3rd Floor :Cumberland County San Diego, CA 92123 Plaintiff :NO. 06-2353 Civil Term V. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. UDREN LAW OFFICES, P.C. Date: June 28, 2007 BY: V `" Mark J. Udren, squire Attorney for P1 intiff EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION JPMorgan Chase Bank, as Trustee Plaintiff NO. 06-2353 Civil Term V. David E. Dick Defendant(s) O R D E R AND NOW, this 304' day of? 2007, upon r consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sheriff Sale and all subsequent pleadings on Defendant, David E. Dick, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sheriff Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant, David E. Dick at 4 Mountainview Drive, Carlisle, PA 17013 and by posting the mortgaged premises located at 4 Mountainview Drive, Carlisle (Middleton Township), PA 17013. J. EXHIBIT B t-4 G JPMorgan Chase Bank, as trustee, et. al., Plaintiff(s) vs. David E. Dick, et. al., Defendant(s) ,in Carlisle, PA 17013 APS File #: 083623-0001 AFFIDAVIT OF SERVICE -- Individual UDREN LAW OFFICES Ms. Henni Crommarty 111 Woodcrest Rd, Suite 200 Cherry Hill, NJ 08003-3620 Service of Process by APS International, Ltd. 1-800-328-7171 APS International Plaza 7800 Glenroy Rd. Minneapolis, MN 55439-3122 -David E. Dick, by posting Court Case No. 06-2353 Civil Term - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - State of• 7 Af IM ss. County o f• -? Name of Server: undersigned, being duly sworn, deposes and says that at the time of service, s/he was of legal age and was not a party to this action; Date/Time of Service: that on the Z& day of 4 t NvC , 20 at 2, D o'clock P M Place of Service: at 4 Mountainview Drive Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property w/ Order Service of Process on: A true and correct copy of the aforesaid document(s) was served on: David E. Dick, by posting Person Served, and Method of Service: ? By personally delivering them into the hands of the person to be served. ;<By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with David E. Dick, by posting at the place of service, and whose relationship to the person is: Description of Person The person receiving documents is described as follows: Receiving Documents: Sex ; Skin Color ; Hair Color Approx. Age Approx. Height ? To the best of my knowledge and belief, said the time of service. Signature of Server: Undersigned declares under penalty of perjury rr ect. that the foregoing is true aEc Signature of Server APS International, Ltd. Facial Hair -; Approx. Weight not engaged in the US Military at day to before me this Notary Public 00-- ?MONWEALTH qF PENNSYLVANIA Notarial Seal Donelle L. Trimble. Notary Public Carlisle Boro. Cumberland County My Commission Expires Sept. 11, 2010 Member, Pennsylvania Assoclation of Notaries EXHIBIT B Service of Process on: b A 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 9275 Sky Park Court, 3rd Floor San Diego, CA 92123 Plaintiff V. David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Defendant (s) VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that he is counsel for Plaintiff in the above case and that pursuant to the Court order issued in this matter he mailed a true and correct copy of the Notice of Sale to Defendant(s), by certified mail and regular first class mail, to the last known address of Defendant(s) as follows: DATE MAILED: June 6, 2007 David E. Dick 4 Mountainview Drive Carlisle, PA 17013 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-2353 Civil Term I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: June 28, 2007 UDREN LAW P. C. Mark J. re EXHIBIT B IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION JPMorgan Chase Bank, as Trustee Plaintiff NO. 06-2353 Civil Term V. David E. Dick Defendant(s) O R D E R AND NOW, this 3'04' day of * of 2007, upon consideration of Plaintiff's Motion and the Affidavit of Good Faith investigation attached hereto, it is hereby ORDERED that service of the Notice of Sheriff Sale and all subsequent pleadings on Defendant, David E. Dick, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sheriff Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant, David E. Dick at 4 Mountainview Drive, Carlisle, PA 17013 and by posting the mortgaged premises located at 4 Mountainview Drive, Carlisle (Middleton Township), PA 17013. J. EXHIBIT B C(-oOX4 b3(-7 t-4 G H ' O nod FK-' p Y• m w ? d roc Y- ?' m x ?° O d W Y- O ? 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W m N m'ma E L ? c E =N W u cm c u Em-m.Or't y 5mo In LL E TcSwc my m c m-.- c E o n W p m m N x x - m U W m ? ? ° H o N`_ N U LL av? 2 c - c m c m m 0- r OD OL K Emma Ec O Tap O .L- C O N •W N O ` LL m m _T U a ? c c m E m E a L? O b doEacmam mD7m N 0i C, E W io ° C O F ? ii o E A E ra, io c N O O NO !n0 mJ ._m E?cc Em = m N O 0 Q ? W O O ?Em m'rn ° tc 0 t c m d d > W 47 zaiw?a m " o o 7 E ygm N o q W _ '-mt o'er m E D .2 E U V? _ C O O m' m E C J O c o v a ? N 7 C d 7 ryj omQ.:5 dD0 W w m N C W W_- N W tT N Q.- o N d m m °o,o aN c •aW N O 2 i V= mci°n? n -cer'co 0 2 C Q... ?ooEmm 4) ?o.E cam Y y ' ? N •- E(o 8 o•$ Ecw p? 4) U??? C W o o =V cmio:oE?2 - N ? J m w W.9 $ pO p2- . o n L O n y r- W 4) O W d 4) LL ° S aa 'F"R" " y e Lv V vi E' { } ?' 3 to 2 u y 0 9 mn m ???? , M e c Q Ch A?l ?F o> a?i o n. g, •a . N d L W aiNOd w ado `o ` 0000 N m m E 4 a Z ? d y z O `m V } a U ` m ~ w a m ? ° a w0 O a---j m N V CL fn > C N N U HW LL U ai 8 L L, ) Z y c O a J ~ Q. m K : o WG= _j 0 Q Y 2 d E Z 00w O . p M d 01 E W W 2 G0 Z W v O ? ? F - N U . w G> M r` y p C N N rE O a Z U r`ni b ? C C N ^ ° C (n v 0 c o U !a z o E> ?.? ( D ' r E D 0 y 1 M Z a C J ? C> - - !;? N F N C) 'IT LO CD r- 00 (3) J rn Z' C6 7 LL. ti co M E O LL. CO 0 EXHIBIT B 0 ' -Ti y,T # ?r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Bank of New York Tr Co N A is the grantee the same having been sold to said grantee on the 11th day of July A.D., 2007, under and by virtue of a writ Execution issued on the 14th day of March, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 2353, at the suit of JP Morgan Chase Bank Tr against David E Dick is duly recorded in Deed Book No. instr 200730413, Page. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of ,A.D.c2on ?r of Deeds JP Morgan Chase Bank, as Trustee In the Court of Common Pleas of VS Cumberland County, Pennsylvania David E. Dick Writ No. 2006-2353 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: David E. Dick, but was unable to locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale, and Description as NOT FOUND, as to the defendant, David E. Dick. Twelve attempts at service were made upon the defendant, but no one was home. Sharon Lantz, Deputy Sheriff, who being duly sworn according to law, states that on April 12, 2007 at 1324 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of David E. Dick, located at 4 Mountainview Drive, Carlisle, 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: David E. Dick, by regular mail to his last known address of 4 Mountainview Drive, Carlisle, PA 17013. This letter was mailed under the date of April 30, 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 July 11, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark J. Udren, on behalf of The Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank N.A. as Trustee. It being the highest bid and best price received for the same, The Bank of New York Trust Company, N.A., as successor to JP Morgan Chase Bank N.A. of One Meridian Crossings, Suite 100, Minneapolis, MN 55423, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,024.18. Sheriff s Costs: Docketing $30.00 Poundage 20.09 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Prothonotary 1.00 Mileage 24.00 Levy 15.00 Surcharge 20.00 Law Journal 395.00 Patriot News 350.42 Share of Bills 16.17 Distribution of Proceeds 25.00 Sheriff s Deed 39.50 $ 1024.18 S?C?G`07 So Answers: omas Kline, e-W? BY ?t?k ?W4k% Real Estate rgeant 4g.Uo ?, r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. MORTGAGE FORECLOSURE David E. Dick :NO. 06-2353 Civil Term Defendant (s) 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: 4 Mountainview Drive, (Middleton Township) Carlisle, PA 17013 1. Name and address of owner(s) or reputed Owner(s): Name Address David E. Dick 4 Mountainview Drive Carlisle, PA 17013 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 none 4. Name and address of the last recorded holder of every mortgage of record: Name Address JPMorgan Chase Bank 9275 Sky Park Court, 3rd Floor as Trustee San Diego, CA 92123 Mortgage Electronic P.O. Box 2026, Flint, MI 48501-2026 Registration Systems, Inc. S. 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 4 Mountainview Drive (Middleton Township) Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. DATED: March 13, 2007 A A Ma?7k J. U r n Attb_rney fo laintiff every other person who has any record lien r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trustee :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE David E. Dick :NO. 06-2353 Civil Term Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: David E. Dick 4 Mountainview Drive Carlisle, PA 17013 Your house (real estate) at 4 Mountainview Drive, (Middleton Township) Carlisle, PA 17013 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $171,167.36, 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 canceled 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 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 ALL THAT CERTAIN trait of land situate in North Middleton Township, Cumberland County, PannsyNonie, bounded and described as follows: BEING Lot No. 75 on the Plan of Creek View Heights, Sectbn "E", as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 39, Pepe 6x containing 103.70 feet along the West Wong Mourbin VlewOrlve; containing 61.78 feet along the curve Wadhtg to Susan Lww mining 88.07 feet along the Soutfyielonp.Susen Lane. as shown an said Plat; containing 142.67 fast aiwV the East along Late of Noll Manor as shown on said Purr, and containing 125.04 feet along the North along land now or formerly of Hooke, Lebo. & Hooke, as shown on said Plan. i CONTAINING 17,540 square fleet, SUBJECT. NEVERTHELESS loo the tiding and use restrictions as QsccWed In the Office afore aid In Miscellaneous Book 197, Pape 1050. UNDER AND SUBJECT to covenants, conditions. ressmatlons, restrictions, easements and right of ways of record. BEING PART OF THE SAME PREMISES which Hooke, Lebo & Hooke, a partnership.cornposed of William H. Hooke. George 0. Lebo and Wgiern H. Hooks, Jr., by Deed doled May $0, 1986, and recorded May 30, 19M In the Office of line Recorder of Deeds in aid for Cumbotand County, Psnneylvertia In Deed Book X-31; Page 562, granted and conveyed unto Dennis C. Fry and June C. Fry, his wife. r BEING KNOWN AS: 4 MOUNTAINVIEW DRIVE, (MIDDLETON TOWNSHIP) CARLISLE, PA 17013 PROPERTY ID NO.: 29-16-1096-176 TITLE TO SAID PREMISES IS VESTED IN DAVID E. DICK, SINGLE PERSON BY DEED FROM DENNIS C. FRY AND JUNE C. FRY, HUSBAND AND WIFE DATED 05/20/05 RECORDED 06/06/05 IN DEED BOOK 269 PAGE 1167. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-2353 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, AS TRUSTEE, Plaintiff (s) From DAVID E. DICK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $171,167.36 L.L. Interest FROM 6/7/06 TO DATE OF SALE 6/13/07 - ONGOING PER DIEM OF $29.79 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $11,081.88 y , Atty's Comm % Due Prothy $1.00 Atty Paid $1,051.56 Other Costs Plaintiff Paid Date: MARCH 14, 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 U U1JULY Supreme Court ID No. 04302 Real Estate Sale # 109 On March 19, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 4 Mountainview Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 19, 2007 By: Real Esta Sergeant LOOZ 40- 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: April 20, 27, May 4, 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. /,,)/- Z?i Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 4 day of May, 2007 1ry D"h";c ?, L?'?? ^r REAL ESTATE SALE NO. 109 Writ No. 2006-2353 Civil JP Morgan Chase Bank. as Trustee VS. David E. Dick Atty.: Mark Udren ALL THAT CERTAIN tract of land situate in North Middleton Town- ship, Cumberland County, Pennsyl- vania, bounded and described as follows: BEING Lot No. 75 on the Plan of Creek View Heights, Section "E", as recorded in the Office of the Re- corder of Deeds for Cumberland County in Plan Book 39, Page 52; containing 103.70 feet along the West along Mountain View Drive; containing 61.78 feet along the curve leading to Susan Lane; con- taining 86.07 feet along the South along Susan Lane as shown on said Plan; containing 142.67 feet along the East along Lots of Noll Manor as shown on said Plan; and con- taining 125.04 feet along the North along land now or formerly of Hooke, Lebo & Hooke, as shown on said Plan. CONTAINING 17,540 square feet. SUBJECT, NEVERTHELESS to the building and use restrictions as recorded in the Office aforesaid in Miscellaneous Book 197, Page 1050. UNDER AND SUBJECT to cov- enants, conditions, reservations, restrictions, easements and right of ways of record. BEING PART OF THE SAME PREMISES which Hooke, Lebo & Hooke, a partnership composed of William H. Hooke, George O. Lebo and William H. Hooke, Jr., by Deed dated May 30, 1986, and recorded May 30, 1986 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book X-31, Page 562, granted and conveyed unto Dennis C. Fry and June C. Fry, his wife. BEING KNOWN AS: 4 MOUNTAINVIEW DRIVE, (MID- DLETON TOWNSHIP) CARLISLE, PA 17013. PROPERTY ID NO.: 29-16-1096- 176. TITLE TO SAID PREMISES IS VESTED IN David E. Dick, single person by Deed from Dennis C. Fry and June C. Fry, husband and wife dated 05/20/05 recorded 06/06/ 05 in Deed Book 269 Page 1167. I , . . 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 April and the 2nd day(s) of May 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#109 Sworn to and subscribe?g t Ljl 6thog ofyMa NIA 7 A.D. Notarial Seal "ferry L. Russell, Notary Public City Of Harrisburg, Dauphin County Commi ' n Expires June 6,2010 j Me er Po association of Notaries N ARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013