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HomeMy WebLinkAbout06-3763UDRBN LAW OFFICES, P.C. BY: Nark J. Udren, Require ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 com JPMorgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 No. 6(o - 3'71,3 l., lU l (,?U? 1 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Bank One, N.A. Assignments of Record to: JPMorgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset- Backed Certificates, Series 2004-1 Recording Date: 01/25/05 Book: 714 Page: 3880 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: 7 North High Street MUNICIPALITY/TOWNSHIP/BOROUGH: Newville Borough COUNTY: Cumberland DATE EXECUTED: 03/02/01 DATE RECORDED: 03/06/01 BOOK: 1677 PAGE: 39 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 6/15/06: Principal of debt due $51,370.71 Unpaid Interest at 8.75% from 1/3/06 to 6/15/06 (the per diem interest accruing on this debt is $12.48 and that sum should be added each day after 6/15/06) 1,647.36 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) Late Charges (157.74) (monthlyy late charge of $25.00 should be added in accordance with the terms of the note each month after 6/15/06) 100.00 Attorne s Fees (anticipated and actual to 5% oy principal) 2,568.54 TOTAL $56,133.87 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 $56,133.87 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. Vdren,\ESQUIRE UDREN LAW OFFI , P.C. Attorney for Plaintiff Attorney I.D. No. 04302 LEGAL DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN NEWVILLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF NORTH HIGH STREET AT THE NORTHERN SIDE OF AN OPEN PASSAGEWAY AT THE CORNER OF PROPERTY NOW OR FORMERLY OF H.G. OTT ESTATE AND LINE OF A WEATHER-BOUNDED DWELLING HOUSE; THENCE BY NORTH HIGH STREET, NORTH 33 FEET 3 INCHES TO THE SOUTHERLY EXTERIOR WALL OF A BUILDING NOW OR FORMERLY OF THE BOROUGH OF NEWVILLE (KNOWN AS THE NEWVILLE BOROUGH GARAGE); THENCE EASTWARDLY ALONG THE SOUTHERLY WALL OF SAID BUILDING APPROXIMATELY 19 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING; THENCE CONTINUING ALONG THE EXTERIOR WALL OF SAID BUILDING IN A SOUTHERLY DIRECTION APPROXIMATELY 14 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING; THENCE CONTINUING ALONG THE EXTERIOR WALL OF SAID BUILDING IN AN EASTERLY DIRECTION APPROXIMATELY 26 FEET, MORE OR LESS, TO LINE OF PROPERTY FORMERLY OF FRED BURKHOLDER; THENCE SOUTH BY THE SAME APPROXIMATELY 19 FEET 3 INCHES, MORE OR LESS, TO LAND NOW OR FORMERLY OF E.G. ON ESTATE; THENCE WESTWARDLY BY LINE OF LAND NOW OR FORMERLY OF E.G. OTT ESTATE 45 FEET 1-1/2 INCHES TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO STORY DWELLING HOUSE.KNOWN AS NO.7 NORTH HIGH STREET. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC., AS THEY APPEAR OF RECORD. (Page 1 of 6) fLiftoin Date: 4/10/2006 7 N High St Gary Negley Loan Servicing" NewvMe, PA 17241 4828 Loop Central Drive Houston, TX 77081 Telephone (800) 999 8501 Fax(713)966-8936 www.linonloarlcom Page 1 of 5 APPENDIX A ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the morteaee on Your home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached oases. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save Your home. This Notice explains how to proeram works. The name, address and phone number of Consumer Credit Counseling Agencies serving your County ace listed at the end of the Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397.(Persons with impaired 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 NOTIFCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO 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 SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMUR SU HIPOTECA I EXHIBIT A (Page 2 of 6) APPENDIX A NAME(S): Gary Negley MAH,ING ADDRESS: 7 N High St Newville, PA 172411119 PROPERTY ADDRESS:7 N High St Newville, PA 17241 LOAN ACCT. NO.: 15173081 ORIGINAL LENDER'. CURRENT LENDERISERVICE: Page 2 of 5 HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELEGmILITY 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 must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of the Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT". EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency 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 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 ASISTANCE-Your mortgage is in default for the reasons set forth later in this Notice (see following pages for spec 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 Progtarn. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the (Page 3 of 6) APPENDIX A Page 3 of 5 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 fled or postmarked within thirty (30) days of your face-to-face meeting. 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 pursed 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 YOUR 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 CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your properly located at 7 N High St IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 2/3/2006 through 3/3/2006 at $413.18 totaling $826.36 Other charges Late Charges $ 50 Deferred Late Charges $ 200 NSF Charges $ 0 Defened NSF Charges $ 0 Suspense Balance $ (0) Corp. Advance $ 32 TOTAL AMOUNT PAST DUE $1,377.72 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $$1,377.72 , PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check. certified check or money order made payable and sent to: Litton Loan Servicing LP, 4828 Loop Central Dr Houston, TX 77081-2226. You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. (Do not use if not applicable.) (Page 6 of 6) APPENDIX A Page 4 of 5 - If you do not cure the default within THIRTY (30) DAYS means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fee 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 the exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable cost. If von cure the default within the THIRTY (30) DAY period, you will not be reouired to nay attorney'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 rielrt to cure the default and prevent the sale at any time un to one hour before the Sheriffs Sale under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S DATE - It is estimated that the earliest date that such as Sheriffs Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of Lender. LITTON LOAN SERVICING Address: 4828 Loop Central Dr, Houston, TX 77081 Phone Number: (800)999-8501 or (713) 960-9676 Fax Number. (713) 966-8906 Contact Person: Collection Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the tender at any time. ASSUMPTION OF MORTGAGE - You _ may or _ may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. (Page 5 of 6) APPENDIX A Page 5 of 5 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 OF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Counseling Agencies listed in Appendix C. FOR THE COUNTY in which the property is located, using additional pages if necessary). CumberlandCounty CCCS of Western Pennsylvania. Inc. 2000 L nalestown Road Harrisburg. PA 17102 Urban League of Metropolitan Harrisburg N. 6th Street Harrisburg. PA 17101 (717)234-5925 FAX(717)234-9459 Financial Counseling Services of Franklin 31 West 3rd Stmt Wavnesboro. PA 17268 (717)762-3285 YWCA of Carlisle 3001 G Street Carlisle. PA 17013 (717)243-3818 FAX(717)731-9589 Adams County Housing Authoritv 139-143 Carlisle St Gettysburg. PA 17325 (717)334-1518 Community Action Comm of the Capital Region 1514 Derry Street Harrisbum,PA 17104 (717)232-9757 FAX(717)234-2227 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. UDREN LAW ]OFFICES, P.C. 'A ? ? R* fib Z w _? T, .; . 13 0 UDREN LAW OFFICES, P.C. B`f: 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 Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE \ V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) NO. 06-3763 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) Gary C. Negley 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 $56,133.87 Interest Per Complaint 936.00 From 6/16/06 to 8/29/06 Late charges per Complaint 50.00 From 6/16/06 to 8/29/06 TOTAL $57.119.87 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 attached hereto. UDREN LAW OFFICES, P.C. Mark J. U n, ESQ E tt rney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICA D DATE : PRO ROT UDREN LAW OFFICES, P.C. BY: Nark 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 ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank, as Trustee COURT OF COMMON PLEAS Under the Pooling and Servicing :CIVIL DIVISION Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) Cumberland County NO. Q`- J1Q COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 dCs? GCVO. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03763 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS NEGLEY GARY VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NEGLEY DEFENDANT the , at 1632:00 HOURS, on the 24th day of July , 2006 at 7 NORTH HIGH STREET NEWVILLE, PA 17241-0002 GARY NEGLEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.68 Affidavit .00 Surcharge 10.00 .00 37.68 Sworn and Subscibed to before me this day of , So _A?nsrwr s R. Thomas Kline 07/25/2006 UDREN LAW OFFICES- By : zz Deputy Sh riff A. D. ???a 3?7 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 06003 ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitlzation LLC, PPT ASS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant(s) TO: Gary C. Negley 7 North High Street Newville, PA 17241 DATE of Notice: August 16, 2006 IMPORTANT NOTICE COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3763 Civil Term YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, O SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR 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 O'i S S AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USEDl?$t\ PURPOSE. 111 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) MORTGAGE FORECLOSURE NO. 06-3763 Civil Term AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers, Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Age: Residence: Employment: Sworn to and subscribed before me this 29t" day of Augus , 2006. Notary .u lic above Gary C. Negley Over 18 As captioned Unknown Name: K ESQ Title: TORN FOR P IFF Company: UDREN LAW OFFICES, P.C. X101 #1?1?lt11G[ IIOO1lK11dIK Cww"osI"NiAIAW (J 4CA. W G UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Nevville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-3763 Civil Term PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: Please issue Writ of Execution in the above matter: Amount due $57.119.87 Interest From August 30, 2006 1,235.52 to Date of Sale December 6, 2006 Ongoing Per Diem of 12.48 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. Mark . Udren, ESQUIRE XTMORNEY FOR PLAINTIFF t- V x.1 (q 0 °rc 0 C o ?. p C C T lri i J o CD !.C' 77 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3763 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, AS TRUST UNDER THE POOLING AND SERVICING AGREEMENT, DATED AS OF SEPTEMBER 1, 2004, AMONG CREDIT BASED ASSET SERVICING AND SECURITIZATION LLC, PPT ABS, LLC, LITTON LOAN SERVICING LP AND JPMORGAN CHASE BANK, PPT ASSET-BACKED CERTIFICATES, SERIES 2004-1, Plaintiff (s) From GARY C. NEGLEY (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 $57,119.87 L.L. $.50 Interest FROM 8/30/06 TO DATE OF SALE 12/6/06 - ONGOING PER DIEM OF $12.48 TO ACUTAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $1,235.52 Any's Comm % Any Paid $119.68 Plaintiff Paid Date: AUGUST 30, 2006 Due Prothy $1.00 Other Costs CURTIS R. LONG Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: 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 JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-3763 Civil Term Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( X ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW FFICES, P.C. Ma t J. dren, SQUIRE ATTOR4W FOR PLAINTIFF C1 o Cy dam„ - n -- ? m;. n F V O T1 7 i '" C.: CJ gi p. W UPPXEN 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 Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-3763 Civil Term AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1, 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: 7 North High Street Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gary C. Negley 7 North High Street Newville, PA 17241 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 Plaintiff herein. See Caption above. Key Bank USA, N.A. 8757 Oak Blvd., Suite 250 Charlotte, NC 28217 S. 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 Sq., Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 N. Hanover St., Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 7 North High Street Newville, PA 17241 ,..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: August 29, 2006 /-\ AA M rk J. dren, ES . A torn for Plaintiff n ; -n ? c? . ? .? -° ca - ca 3 ? : ?:' ?,. ? ;. ?j ?- ? ; ? _, :? ? ? - ?Y?! 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 Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ASS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 06-3763 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Gary C. Negley 7 North High Street Newville, PA 17241 Your house (real estate) at 7 North High Street Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on December 6, 2006, at 10:00am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $57,119.87, 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 iroadiate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 711-249-3166 800-990-9108 0 d (_ T l O r _ y" c m w 'T7 i T) rn i :ern SHERIFF'S RETURN - REGULAR CASE NO: 2006-03763 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK VS NEGLEY GARY C VALERIE WEARY , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NEGLEY GARY C DEFENDANT was served upon the at 1632:00 HOURS, on the 24th day of July , 2006 at 7 NORTH HIGH STREET NEWVILLE, PA 17241-0002 GARY NEGLEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answ s?•- ?/ Docketing 18.0 0?i"^? Service 9.68???!!! Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68~/ 07/25/2006 4 ?,?_64 (?- UDREN LAW OFFICES Sworn and Subscibed to By: //Z- L?? before me this day Deputy Sh riff of A. D. 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 Under :COURT OF COMMON PLEAS the Pooling and Servicing Agreement, :CIVIL DIVISION dated as of September 1, 2004, among :Cumberland County Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan :NO. 06-3763 Civil Term Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant 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 Sale upon Defendant, Gary C. Negley, by regular mail and certified mail and by posting the mortgaged premises in support thereof avers the following: 1. Process was unable to be served at the then last known address of said Defendant at 7 North High Street, Newville, PA 17241, 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 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 Sale upon said Defendant, Gary C. Negley, by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. By: Mark J. Udr n, Esquire Attorney for P1 'ntiff JP Morgan Chase Bank, as Trustee Under the In the Court of Common Pleas of Pooling and Servicing Agreement, dated as of Cumberland County, Pennsylvania September 1, 2004, among Credit Based Asset Writ No. 2006-3763 Civil Term Servicing and Securitization LLC, PPT, ABS, LLC, Litton Loan Servicing LP and JP Morgan Chase Bank, PPT Asset Backed Certificates, Series 2004-1 VS Gary C. Negley 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: Gary C. Negley, 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, Gary C. Negley. Ten attempts at service were made at 7 North High Street, Newville, Cumberland County, Pennsylvania, but the defendant was not home. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 13, 2006 at 1318 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gary C. Negley located at 7 North High Street, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff BY Real Estate rgeant EXHIBIT A Players National Locator, Inc, AFFIDAVIT OF GOOD FAITH INVESTIGATION Loan Number. 06060347 Attorney Firm: MARK J UDREN & ASSOCIATES Case Number. Subject Gary Negley A.K.A.: Gary C Negley Last Known Address: 7 N High Street Newville, PA 17241 Last Known Number: (717) 776-6155 Melissa Kozma, being duly swom according to law, deposes and says: 1. I am employed in the capacity of Location Specialist for Players National Locator, Inc. 2. On 11/0712006, 1 conducted an investigation into the whereabouts of the above named defendant(s). The results of my investigation are as iblk ws: CREDIT INFORMATION - A. SOCIAL SECURITY NUMBER(S):210-40-4180 B. EMPLOYMENT SEARCH: We were unable to verify current employment for Gary Negley. C. INQUIRY OF CREDITORS: Creditors indicated the last reported address for Gary Negtey is 7 N High Street, Newv111e, PA 17241, with the home number of (717) 776-6155. INQUIRY OF TELEPHONE COMPANY - A. DIRECTORY ASSISTANCE SEARCH: The home number for Gary Negley Is (717) 776-6155, registered to 7 N High Street, Newville, PA 17241. We caned the home number and spoke with Gary who stated he is living at 7 N High Street, Newviile, PA 17241. INQUIRY OF NEIGHBORS - WA INQUIRY OF POST OFFICE - A. NATIONAL ADDRESS UPDATE: As of November 06, 2006 the National Change of Address (NCOA) has no change for Gary Negiey from 7 N High Street, Newville, PA 17241. MOTOR VEHICLE REGISTRATION - A. MOTOR VEHICLE & DMV OFFICE: We were unable to verify current drivers license Information for Gary Negley. OTHER INQUIRIES - A. DEATH RECORDS: As of November 06, 2006 the Social Security Administration has no death record on file for Gary Negiey and/or A.K.A's under the social security number provided. B. PUBLIC LICENSES (PILOT, REAL ESTATE, ETC.): None Found. EXHIBIT B M-i l£0/6 10'd 616-1 8950 OR 9£9 u014s130ssy s,J9A81d-nod wd6£:10 90-10-AOW 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: May 1947 , Kowa befo7mepn 1 87 » NO?A?'/"?L ristine M. Scott. Notary Public 1.OU# County, state of Mseouri MY Commission Expires 9/2/2018 Comm"on Number 0842&M Players National Locator, Inc. 174 Clarkson Road, Suite 225 St Louis, MO 63011 Phone. (636)230-9922 Fax. (636)230-0558 EXHIBIT B 029-1 Z£0/OZO"d 616-1 8550 0£Z 9£9 uoi?siaoss? s,J8Ae1d- ad wd 6£:10 90-10-AON 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:C Mark J. Udren, 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 Trustee Under :COURT OF COMMON PLEAS the Pooling and Servicing Agreement, €CIVIL DIVISION dated as of September 1, 2004, among ;Cumberland County Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan NO. 06-3763 Civil Term Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant 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 sheri f f ' 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 ti Information Act, 39 C.F.R. Part 2E relatives, neighbors, friends an4 defendant and (3) examinations directories, voter registration records, and motor vehicle records. the Freedom of 5, (2) inquiries of i employers of the of local telephone records, local tax 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 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 Sale upon Defendant, Gary C. Negley, by regular mail and certified mail and by posting the mortgaged premises. UDREN LAW OFFICES, P.C. By: - LM Mark J. Udren, s ire 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 Trustee Under :COURT OF COMMON PLEAS the Pooling and Servicing Agreement, :CIVIL DIVISION dated as of September 1, 2004, among :Cumberland County Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan ::NO. 06-3763 Civil Term Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant 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 named herein at their last known address or their attorney of record by: x Regular First Class Mail Certified Mail Other Date Served: ?C_ "Z_ rn?"A 1 k 0 TO: Gary C. Negley 7 North High Street Newville, PA 17241 UDREN LAW OFFICES, P.C. By: L4A Mark J. Udren, squire Attorney for Plaintiff ,-?_?' -- :? `TE _ ?- ?' =? --r'+ y_: = , t=ii ? _ ? ? ?Y., , , . - ?. '1 `"".} -?».? '? -. (?5? ., ? • .•{ • ? ?? ...y ? 3 V? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION JPMorgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and =NO. 06-3763 Civil Term Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant O R D E R AND NOW, this / q day of ? --- , 2006, 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 Sale and all subsequent pleadings on Defendant, Gary C. Negley, shall be complete when Plaintiff or its counsel or agent has mailed true and correct copies of the Notice of Sale and all subsequent pleadings by certified mail and regular mail to the last known address of Defendant, Gary C. Negley, at 7 North High Street Newville, PA 17241 and by posting the mortgaged premises located at 7 North High Street, Newville, PA 17241. BY THE COURT! /1' It 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 Trust Under =COURT OF COMMON PLEAS the Pooling and Servicing :CIVIL DIVISION Agreement, dated as of September 1, ::Cumberland County 2004, among Credit Based Asset Servicing and Secur1Ei'anion hLC, PPT ABS, LLC, Litton Loan Servicing NO. 06-3763 Civil Term LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) SUGGESTION OF BANKRUPTCY To the Prothonotary: Kindly note on the record that the above Defendant, GARY CHARLES NEGLEY has filed Chapter 13 Bankruptcy in the MIDDLE District of Pennsylvania (HARRISBURG) on NOVEMBER 29, 2006, Bankruptcy Case No. 06-02745. Mark J. ren, squire UDREN LAW OFFICES, P.C. Attorney for Plaintiff ?'3 a4 w JP Morgan Chase Bank, as Trustee Under the In the Court of Common Pleas of Pooling and Servicing Agreement, dated as of Cumberland County, Pennsylvania September 1, 2004, among Credit Based Asset Writ No. 2006-3763 Civil Term Servicing and Securitization LLC, PPT, ABS, LLC, Litton Loan Servicing LP and JP Morgan Chase Bank, PPT Asset Backed Certificates, Series 2004-1 VS Gary C. Negley 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: Gary C. Negley, 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, Gary C. Negley. Ten attempts at service were made at 7 North High Street, Newville, Cumberland County, Pennsylvania, but the defendant was not home. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on. October 13, 2006 at 1318 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Gary C. Negley located at 7 North High Street, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Mark J. Udren. Sheriffs Costs: Docketing 30.00 Poundage 19.34 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Certified Mail 3.50 Mileage 42.24 Levy 15.00 Surcharge 20.00 Law Journal 431.00 Patriot News 377.78 Share of Bills 15.94 Postpone Sale 20.00 $1006.30 ptj b? 3,ol So t .00? R. Thomas Kline, Sheriff X5516$ Real Estate S geant cwt ?a9 t E 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 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 Sworn to and subsc ' e before me this 15th day of November 2006 A.D. SALE #55 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russ II, Notary Public ity Of Harrisb g, Daup ' unit' y Commis E it a 6, 2010 e s iation of No{ i NOTARY PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 MM saw" tt?d $rt??, tided mot $epf mbW 1, 2W4, » Cmt attI AtaW Sprvkkoqj tltnd SaturffbW*n a t c_ tAVT AS&LLC. Man Loan --------------- A117 pieoe.or 1 '?71AT l? ? ? is Newvdic?, County, Pbwo ivma, bmmded and'' ddtllcnibed as How : f aobg at a pobt; co the eastem fine of North 110 Shed at $t an I I side of an open possagem at *A obw oC,psupcrty now or famnaly of H.G. Ott Eatape and he of a rveathrr-6oanded dwei" bow,; tbmw by North Higb Soe? NwA 34 fact 3 inches t0 the somberly cats= wall of a bmW1ng now or formd4y of d t Rorwo of Nmmk (known as entwardty the . wall of 'said 194ok tgl0ite at Meta, to a cmw of tail *mm wag aloag the anwkr wall of said hawing in a woOkady &mctiun appsuimd* 14 foot, mw or lac, to a cam of aid WE* tbom coodoft do* 6p 26 fed, mane or ins. to Gne of mpem fly of W HuOoMFr, theca south by tba samo gp?oooaad* 10 fi* 3 mdm mote or has, to had now a knoed r of E.G. on Z thence b! 8me of Mtrd t+or+or fonutaly of &a. ()WE 0ale45 foot 1-1/2 inches to do pbm Imemn ae*d a twa Oxy dig hOm No.7Nm K# LWU ad sweet tb My and all cove10%, nol-af-ww eases MUM ,dc,,, a t8ey mar of round. W" knmm at,: 7 Nasth Sked. Nesailie.: FA 17141 F*cMID #;27-21).V 3GWlA M to said e yj egM9'bYtWkd ? N or 1. Neglay, •lMle nxaded 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. 7))V"a L- r9-) t*arie Coyne, E ito SWORN TO AND SUBSCRIBED before me this 3 day of November. 2006 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 55 Writ No. 2006-3763 Civil JP Morgan Chase Bank, as Trustee Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT, ABS, LLC, Litton Loan Servicing LP and JP Morgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 vs. Gary C. Negley Atty.: Mark Udren ALL THAT CERTAIN piece or parcel of land, situate, lying and being in Newville Borough, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern line of North High Street at the northern side of an open pas- sageway at the corner of property now or formerly of H.G. Ott Estate and line of a weather-bounded dwell- ing house, THENCE by North High Street, North 33 feet 3 inches to the southerly exterior wall of a build- ing now or formerly of the Borough of Newville (known as the Newville Borough garage); THENCE east- wardly along the southerly wall of said building approximately 19 feet, more or less, to a corner of said building; THENCE continuing along the exterior wall of said building in a southerly direction approximately 14 feet, more or less, to a comer of said building; THENCE continuing along the exterior wall of said build- ing in an easterly direction approxi- mately 26 feet, more or less, to line of property formerly of Fred Burkholder; THENCE south by the same approximately 19 feet 3 inches, more or less, to land now or formerly of E.G. On Estate; THENCE westwardly by line of land now or formerly of E.G. Ott Estate 45 feet 1-1/2 inches to the place of beginning. HAVING thereon erected a two story dwelling house known as No. 7 North High Street. UNDER AND SUBJECT to any and all covenants, conditions, res- ervations, restrictions, limitations, right-of-ways, objections, ease- ments, agreements, etc., as they appear of record. BEING KNOWN AS: 7 North High Street, Newville, PA 17241. PROPERTY ID NO.: 27-20-1756- 001A. TITLE TO SAID PREMISES IS VESTED IN Gary C. Negley by Deed from Gary C. Negley and Doris J. Negley, husband and wife dated 5/ 22/00 recorded 5/24/00 in Deed Book 221 Page 967. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and Servicing :CIVIL DIVISION Agreement, dated as of September :Cumberland County 1, 2004, among Credit Based Asset : Servicing and Securitization LLC, :MORTGAGE FORECLOSURE PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley ENO. 06-3763 CIVIL TERM Defendant(s) PRAECIPE TO ISSUE WRIT OF EXECUTION TO THE PROTHONOTARY: Issue Writ of Execution in the above matter: Amount due $57,119.87 Interest From 8/30/06 8,136.96 to Date of Sale 6/11/08 Ongoing Per Diem of 12.48 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. ?y BY: Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE { n ? o J v O O 0 a oo b a O b?? O a 0? t40 ?t q C rn C N m 3 a c.n 3 cn rIQ Q M- Q 0 IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: GARY CHARLES NEGLEY Debtor(s) Chapter 13 Case No.: 1-06-02745 ORDER DISMISSING CASE Upon consideration of the Debtor's Motion to Dismiss Case, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By file -Cowl. r1AWL MEW This document is electronically stgrned and filed on tote same date. Dated: February 8, 2008 M0P"18MwMwPT REV "S 011032 EN LAW OFFICES P C ATTORNEY FOR PLAINTIFF UDR . 'MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and Servicing :CIVIL DIVISION Agreement, dated as of September :Cumberland County 1, 2004, among Credit Based Asset Servicing and Securitization LLC, :MORTGAGE FORECLOSURE PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley -NO. 06-3763 CIVIL TERM Defendant(s) CERTIFICATE TO THE SHERIFF I HEREBY CERTIFY THAT: I. The judgment entered in the above matter is based on an Action: A. In Assumpsit (Contract) B. In Trespass (Accident) x C. In Mortgage Foreclosure D. On a Note accompanying a purchase money mortgage and the property being exposed to sale is the mortgaged property. II. The Defendant(s) own the property being exposed to sale as: x A. An individual B. Tenants by Entireties C. Joint Tenants with right of survivorship D. A partnership E. Tenants in Common F. A corporation III. The Defendant (s) is (are) : x A. Resident in the Commonwealth of Pennsylvania B. Not resident in the Commonwealth of Pennsylvania C. If more than one Defendant and either A or B above is not applicable, state which Defendant is resident of the Commonwealth of Pennsylvania. Resident: UDREN LAW OFFICES, P.C. BY : ( /T V" gLed 'd F Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE n N C rv INC ATTORNEY FOR PLAINTIFF 'UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trust =COURT OF COMMON PLEAS Under the Pooling and Servicing :CIVIL DIVISION Agreement, dated as of September =Cumberland County 1, 2004, among Credit Based Asset € Servicing and Securitization LLC, :MORTGAGE FORECLOSURE PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley :NO. 06-3763 CIVIL TERM Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P.C. BY: L? Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE r ?. L, 'C ti UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and Servicing 'CIVIL DIVISION Agreement, dated as of September :Cumberland County 1, 2004, among Credit Based Asset Servicing and Securitization LLC, `MORTGAGE FORECLOSURE PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley NO. 06-3763 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1, 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: 7 North High Street, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gary C. Negley 7 North High Street Newville, PA 17241 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 of record: Name last recorded holder of every mortgage JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement dated as of 9/1/04, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP & JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Key Bank USA, NA Address 4828 Loop Central Drive Houston, TX 77081 8757 Red Oak Blvd., Suite 250 Charlotte, NC 28217 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 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 i i 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 7 North High Street Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 4, 2008 UDREN LAW OFFICE% P.C. BY :!`11j????lstl/?J Attorneys for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and Servicing :CIVIL DIVISION d s of September :Cumberland County Agreement, date a 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan NO. 06-3763 CIVIL TERM Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant(s) TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gary C. Negley PROPERTY: 7 North High Street Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriff's Sale on June 11, 2008, at 10:00 am, at the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN NEWVILLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: • BEGINNING AT A POINT ON THE EASTERN LINE OF NORTH HIGH STREET AT THE NORTHERN SIDE OF AN OPEN PASSAGEWAY AT THE CORNER OF PROPERTY NOW OR FORMERLY OF H.G. OTT ESTATE AND LINE OF A WEATHER-BOUNDED DWELLING HOUSE; THENCE BY NORTH HIGH STREET, NORTH 33 FEET 3 INCHES TO THE SOUTHERLY EXTERIOR WALL OF A BUILDING NOW OR FORMERLY OF THE BOROUGH OF NEWVILLE (KNOWN AS THE NEWVILLE BOROUGH GARAGE); THENCE EASTWARDLY ALONG THE SOUTHERLY WALL OF SAID BUILDING APPROXIMATELY 19 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING; THENCE CONTINUING ALONG THE EXTERIOR WALL OF SAID BUILDING IN A SOUTHERLY DIRECTION APPROXIMATELY 14 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING; THENCE CONTINUING ALONG THE EXTERIOR WALL OF SAID BUILDING IN AN EASTERLY DIRECTION APPROXIMATELY 26 FEET, MORE OR LESS, TO LINE OF PROPERTY FORMERLY OF FRED BURKHOLDER; THENCE SOUTH BY THE SAME APPROXIMATELY 19 FEET 3 INCHES, MORE OR LESS, TO LAND NOW OR FORMERLY OF E.G. ON ESTATE; THENCE WESTWARDLY BY LINE OF LAND NOW OR FORMERLY OF E.G. OTT ESTATE 45 FEET 1-1/2 INCHES TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO STORY DWELLING HOUSE KNOWN AS NO.7 NORTH HIGH STREET. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC., AS THEY APPEAR OF RECORD. BEING KNOWN AS: 7 NORTH HIGH STREET, NEWVILLE, PA 17241 PROPERTY ID NO.: 27-20-1756-001A TITLE TO SAID PREMISES IS VESTED IN GARY C. NEGLEY BY DEED FROM GARY C. NEGLEY AND DORIS J. NEGLEY, HUSBAND AND WIFE DATED 5/22/00 RECORDED 5/24/00 IN DEED BOOK 221 PAGE 967. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3763 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, as Trust Under the Pooling and Servicing Agreement, dated as of September 19 2004, among CREDIT BASED ASSET SERVICING and SECURITIZATION LLC, PPT ABS, LLC, LITTON LOAN SERVICING LP and JPMORGAN CHASE BANK, PPT ASSET-BACKED CERTIFICATES, SERIES 2004-1, Plaintiff (s) From GARY C. NEGLEY (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 $57,119.87 L.L. Interest from 8/30/06 to Date of Sale 6/11/08 ongoing per diem of $12.48 to actual date of sale including if sale is held at a later date -- $8,136.96 Atty's Comm % Atty Paid $1,147.48 Plaintiff Paid Date: 3/05/08 (Seal) REQUESTING PARTY: Name CHANDRA M. ARKEMA, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Due Prothy $2.00 Other Costs Prothonotary By: Deputy Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 203437 UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID STUART WINNEG, ESQUIRE - ID LORRAINE DOYLE, ESQUIRE - ID ALAN M. MfNATO, ESQUIRE - ID CHANDRA M. ARKEMA, ESQUIRE - WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: March 24, 2008 #04302 #45362 #34576 #75860 ID #203437 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3763 CIVIL TERM MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN W OFFICE P.C. BY: Atto aintiff r ? I v ' JPMorgA Chase Bank, et. al., Plaintiff(s) VS. Gary C. Negley, et. al., Defendant(s) UDREN LAW OFFICES Ms. Henni Crommarty 111 Woodcrest Rd, Ste 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 #: 088467-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: --Gary C. Negley Court Case No. 06-3763 State of.& N3?/EVa1Sio't --)ss.----------- ---- County of: F'Ralj k 1;1J ) Name of Server: C? d12P/JGe A,?tY undersigned, being duly sworn, deposes and says that at the time of service, s/he w Aa- as of legal age and was not a party to this action; Date/Time of Service: that on the 15, day of d ?` , 20 08 , at 12U 3 3 o'clock 4M Place of Service: at 7 North Hi h Street , in Newville, PA 17241 Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Gary C. Negley 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 Gary C. Negley at the place of service, and whose relationship to the person is: Description of Person The person receiving doc'u` a is is described as follows: Receiving Documents: Scx /rl ; Skin Color Hair Color °`y ;Facial Hair M°u5dacL(- Approx. Age Approx. Height Approx. Weight 4;*6_0 To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury Subscribed and sworn to before me this p that regoing is and o ct. 3`1 day of , 20 0 Q 1 _r Signature of Server Notary Public (Commission Expires) APS International, Ltd. NO A K >tEAt UJCUI N. CANY Nolay how t1l"Mmw ". PRAmm COWRY MY Cow"Mm" tZOM NOV 10.2011 r'7 rv N - Cy' ""r 4?qE Msrw"r'"""' UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and :CIVIL DIVISION Servicing Agreement, dated as :Cumberland County of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant(s) :NO. 06-3763 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B" 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: April 2, 2008 UDREN LAW OFFICES, P.C. BY: Attorneys for intiff MARK J. UDR N, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 06-3763 CIVIL TERM TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Gary C. Negley PROPERTY: 7 North High Street, Newville, PA 17241 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on June 11. 2008, at 10:00 am, in the Commissioners Hearing Room, 2ND Floor, Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later 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 a? U. 0 f0 N Q?} a a ?_ 0 o3 N Oz y0 •?•? ? Q aLL .a E a v o.ocg m h ? Q W d xCa h ?O ?' m q° n w O N N ? Y C A c co .O co N 02.y ? V t6? ULCD? 2 m O -y O ON. b ? N ER a? c ?Zoo w 0 g o v a v m = C U L) )? p m . > N - O >< z a O Q a) F- z Q Lu U W O F_- W J W J 0 uNo E v m ¢QUo a? E pz Wf? ci lb, ) z Q Z a fir &0 U >>O °cy ~_j IL Q?jr _ QWWJ U.i v nw b Z j a a 5 ?v Q Q0U m w) Ir w (D r D U C) Ll n N I6 zmz mz 0=?Zv co N P? ij Q - z N N U Q N :( co LN0LJ DZ ?imZJ p."? Q m? )QWW dry 10 1-Z YU+ qf N M co m N M '? tD fD ? Sp0 ? ` t U- 1 ` r ? F Y 5 J „v? xu-a.. . s [? L# . rr r m r `j E gonm com?E@ c m ? E ? n E V V p m yOj EW@co .romEyWt mc Jam- ? Vml @ O C 'm2x.c ?i? EZZ .O C N Z O m m @ G m 01 m @ m O mEa 1°a qE L o ° 0 m ovZ?0@ U @ Egs?ICW ?H D L L E m C W EEoRv U ?O C @C maEmct @ c @ m 0 - E -1 c h @ m i cEmO.og c °`0 OE d . d up0- Ii ,dOUicc M P.C., E O m E?; d c °- ° C > OC O ro ` C Cy qNO M .? oEEcm a. O Z 'a v Y v c 'E Z; v co 19 2 E? 00 Qt @ m mo w =yEir r. 3 --------- L-1 1- ?? Ir ILO 0 E W .c S U 0 F j 2 11 tN6 a° a0 00 E 10 Z ro .? C, 41 _N a? 0 CL C VJ c 1- J Q) f- .a m d a 0 V .L? 3 LL. EXHIBIT A C) ca L LL 00 M CD a G c? Qf .a U co O co O A z d ca UDREN LAW OFFICES, P.C. MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY BILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and :CIVIL DIVISION Servicing Agreement, dated as !Cumberland County of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT NO. ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant (s) 06-3763 CIVIL TERM (7" rv r -t ^ a ?n , -- D PRAECIPE TO FILE PROOF OF SERVICE TO THE'PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: March 24, 2008 UDREN W OFFICE P.C. BY : . Atto aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE 15XW{SIT B UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and ";CIVIL DIVISION Servicing Agreement, dated as :Cumberland County of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT :NO. 06-3763 CIVIL TERM ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 4828 Loop Central Drive Houston, TX 77081 Plaintiff V. Gary C. Negley 7 North High Street Newville, PA 17241 Defendant(s) PRAECIPE TO FILE PROOF OF SERVICE TO THE PROTHONOTARY: Kindly file the attached Proofs of Service with regard to the captioned matter. Date: March 24, 2008 UDREN W OFFICE , P.C. BY: Atto aintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE EXHIBIT B JPMorgan Chase Bank, et. al., Plaintiff(s) VS. Gary C. Negley, et. al., Defendant(s) UDREN LAW OFFICES Ms. Henni Crommarty I I I Woodcrest Rd, Ste 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 #: 088467-0001 AFFIDAVIT OF SERVICE -- Individual Service of Process on: -Gary C. Negley Court Case No. 06-3763 ?,1J N s ? E Val i a ss. - - - - - - - - - -- - J - - Stateof: )County of: F-Aai k Name of Server: C? dKWCP- J"Gicki , -3-r_ , 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 Xr-C 20 a$, at J 2,'3 3 o'clock 4M Place of Service: at 7 North High Street > in Newville PA 17241 Documents Served: the undersigned served the documents described as: Notice of Sheriffs Sale of Real Property Service of Process on: A true and correct copy of the aforesaid document(s) was served on: Gary C. Negley Person Served, and Method a Service: By personally delivering them into the hands of the person to be served. of X ? By delivering them into the hands of , a person of suitable age, who verified, or who upon questioning stated, that he/she resides with Gary C. Negley at the place of service, and whose relationship to the person is: Description of Person The person receiving docu e is is described as follows: Receiving Documents: Sex Skin Color WkA Hair Color J'a`y Facial Hair M°us?ac?e Approx. Age O Approx. Height Approx. Weight ?? To the best of my knowledge and belief, said person was not engaged in the US Military at the time of service. Signature of Server: Undersigned declares under penalty of perjury Subscribed and sworn to before me this that regoing is and o ct. S-M day of a&,_ , 20 0 IN !I !b JJ Signature of Server Notary Public (Commission Expires) APS International, Ltd. NO lw a t ukCw N. CWY Malmo rmbft URTSI 1i1MA? M0.. "PiaLIII COWRY My Co wnbsion fxpmm Nov 10, soi l 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 is the grantee the same having been sold to said grantee on the 6TH day of AUG A.D., 2008, under and by virtue of a writ Execution issued on the 5TH day of MARCH, A.D., 2008, out of the Court of Common Pleas of said County as of Civil Term, 2006 Number 3763, at the suit of JPMORGAN CHASE BANK TR against GARY C NEGLEY is duly recorded as Instrument Number 200838606. IN TESTIMONY WHEREOF, I have heunto set my hand and seal of said office this A.D. o,7-4t9 T day of Recorder of Deeds Z7 of as' CwWmr nd County, CM6, PA My EWos ft Fiat Monday Of Jm. 2010 JP Morgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 vs Gary C. Negley In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-3763 Civil Term Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 13 00 hours, 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: Gary C. Negley by posting the premises pursuant to Court Order located at 7 North High Street, Newville, Cumberland County, Pennsylvania its contents and the said true and correct copy of the same. Steve Bender, Deputy Sheriff, who being duly sworn according to law, states that on April 02, 2008 at 1300 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and description, in the above entitled action, upon the property of Gary C. Negley located at 7 North High Street, Newville, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above heal 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: Gary C. Negley by regular mail to his last known address of 7 North High Street, Newville, PA 17241. This letter was mailed under the date of April 17, 2008 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 August 6, 2008 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 or New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, national Association, f/k/a JPMorgan Chase Bank, as Trustee for the PPT Asset-Backed Certiii;:ates, Scries 2004-1. It being the highest bid and best price received for the same, The Bank of NeNv York ;N tellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, National Association, f/k/a JPMorgan Chase Bank, as Trustee for the PPT Asset-Backed Certificates, Series 2004- 1. of 48? Loop Central Drive, Houston, TX 77081, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,288.68. Sheril'i's Costs: Docketing $30.00 Pound:ge 25.27 Postli)?i Bills 15.00 Advertising 15.00 Acknowledgm Deed 48.00 Auctioneer 10.00 Prothonotary 2.00 I14ilcag 23.04 15.00 Surci??:ge 20.00 Postiz), 6.00 La???urual 425.00 Patriot News 525.14 Share ref Bills 14.73 Distrii.,tion of Proceeds 25.00 Sheri f"s Decd 49.50 $1,288.68 So An: w`ers: R. I'lio nas Kline, Sheriff BY V Real Fsate S rgeant ?1LJvylOp /-. 01? `; b/ 1? olJyvv? UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHAIDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trust '--COURT OF COMMON PLEAS Under the Pooling and Servicing :CIVIL DIVISION Agreement, dated as of September :Cumberland County 1, 2004, among Credit Based Asset Servicing and Securitization LLC, :MORTGAGE FORECLOSURE PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley :NO. 06-3763 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1, 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: 7 North High Street, Newville, PA 17241 1. Name and address of Owner(s) or reputed Owner(s): Name Address Gary C. Negley 7 North High Street Newville, PA 17241 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 . . 71, l 4. Name and address of of record: Name the last recorded holder of every mortgage JPMorgan Chase Bank, as Trust Under the Pooling and Servicing Agreement dated as of 9/1/04, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP & JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Key Bank USA, NA Address 4828 Loop Central Drive Houston, TX 77081 8757 Red Oak Blvd., Suite 250 Charlotte, NC 28217 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 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 ''I' I • - v 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 7 North High Street Newville, PA 17241 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: March 4, 2008 UDREN LAW OFFICES P.C. BY: 14 ! Attorne s for Plaintiff MARK J. UDREN, ESQUIRE STUART WINNEG, ESQUIRE LORRAINE DOYLE, ESQUIRE ALAN M. MINATO, ESQUIRE CHANDRA M. ARKEMA, ESQUIRE UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF MARK J. UDREN, ESQUIRE - ID #04302 STUART WINNEG, ESQUIRE - ID #45362 LORRAINE DOYLE, ESQUIRE - ID #34576 ALAN M. MINATO, ESQUIRE - ID #75860 CHANDRA M. ARKEMA, ESQUIRE - ID #203437 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com JPMorgan Chase Bank, as Trust :COURT OF COMMON PLEAS Under the Pooling and Servicing :CIVIL DIVISION Agreement, dated as of September =Cumberland County 1, 2004, among Credit Based Asset Servicing and Securitization LLC, :MORTGAGE FORECLOSURE PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff V. Gary C. Negley :NO. 06-3763 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Gary C. Negley 7 North High Street Newville, PA 17241. Your house (real estate) at 7 North High Street, Newville, PA 17241 is scheduled to be sold at the Sheriff's Sale on June 11, 2008, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $57,119.87, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN NEWVILLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF NORTH HIGH STREET AT THE NORTHERN SIDE OF AN OPEN PASSAGEWAY AT THE CORNER OF PROPERTY NOW OR FORMERLY OF H.G. OTT ESTATE AND LINE OF A WEATHER-BOUNDED DWELLING HOUSE; THENCE BY NORTH HIGH STREET, NORTH 33 FEET 3 INCHES TO THE SOUTHERLY EXTERIOR WALL OF A BUILDING NOW OR FORMERLY OF THE BOROUGH OF NEWVILLE (KNOWN AS THE NEWVILLE BOROUGH GARAGE); THENCE EASTWARDLY ALONG THE SOUTHERLY WALL OF SAID BUILDING APPROXIMATELY 19 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING; THENCE CONTINUING ALONG THE EXTERIOR WALL OF SAID BUILDING IN A SOUTHERLY DIRECTION APPROXIMATELY 14 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING; THENCE CONTINUING ALONG THE EXTERIOR WALL OF SAID BUILDING IN AN EASTERLY DIRECTION APPROXIMATELY 26 FEET, MORE OR LESS, TO LINE OF PROPERTY FORMERLY OF FRED BURKHOLDER; THENCE SOUTH BY THE SAME APPROXIMATELY 19 FEET-3 INCHES, MORE OR LESS, TO LAND NOW OR FORMERLY OF E.G. ON ESTATE.; THENCE WESTWARDLY BY LINE OF LAND NOW OR FORMERLY OF E.G. OTT ESTATE 45 FEET 1-1/2 INCHES TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO STORY DWELLING HOUSE KNOWN AS NO.7 NORTH HIGH STREET. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC., AS THEY APPEAR OF RECORD. BEING KNOWN AS: 7 NORTH HIGH STREET, NEWVILLE, PA 17241 PROPERTY ID NO.: 27-20-1756-001A TITLE TO SAID PREMISES IS VESTED IN GARY C. NEGLEY BY DEED FROM GARY C. NEGLEY AND DORIS J. NEGLEY, HUSBAND AND WIFE DATED 5/22/00 RECORDED 5/24/00 IN DEED BOOK 221 PAGE 967. WRIT OF EXECUTION and/or ATTACHMENT 40* t. COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-3763 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMORGAN CHASE BANK, as Trust Under the Pooling and Servicing Agreement, dated as of September 1, 2004, among CREDIT BASED ASSET SERVICING and SECURITIZATION LLC, PPT ABS, LLC, LITTON LOAN SERVICING LP and JPMORGAN CHASE BANK, PPT ASSET-BACKED CERTIFICATES, SERIES 2004-1, Plaintiff (s) From GARY C. NEGLEY (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 $57,119.87 L.L. Interest from 8/30/06 to Date of Sale 6/11/08 ongoing per diem of $12.48 to actual date of sale including if sale is held at a later date -- $8,136.96 Atty's Comm % Atty Paid $1,147.48 Plaintiff Paid Date: 3/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs s ? Prothonotary-, By: r Deputy Name CHANDRA M. ARKEMA, 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. 203437 Real Estate Sale # 76 On March 12, 2008 the Sheriff levied upon the defendant's interest in the real property situated in the Borough of Newville, Cumberland County, PA Known and numbered as 7 North High Street, Newville, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 12, 2008 By: ?a / Real EstatAergeant I fi =1 d 9- 8VW 8001 ,Aj 33f83HS 3H ??li PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law 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: May 2, May 9, and May 16, 2008 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. Marie SWORN TO AND SUBSrCRIBED before me this 16 day of May. 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RFAL EBTATE $ALE NO. 76 Writ No. 2006-3763 Civil JP Morgan Chase Bank, as trust Under the Pooling and Servicing Agreement dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JP Morgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 vs. Gary C. Negley Atty.: Mark Udren ALL THAT CERTAIN piece or par- cel of land, situate, lying and being in Newville Borough, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the eastern line of North High Street at the northern side of an open passage- way at the comer of property now or formerly of H.G. Ott estate and line of a weather-bounded dwelling house; thence by North High Street, North 33 feet 3 inches to the southerly exte- rior wall of a building now or formerly of the Borough of Newville (known as the Newville Borough garage); thence estwardly along the southerly wall of said building approximately 19 feet, more or less, to a corner of said building; thence continuing along the exterior wall of said building in a southerly direction approximately 14 feet, more or less, to a corner of said building; thence continuing along the exterior wall of said building in an easterly direction approximately 26 feet, more or less, to line of property formerly of Fred Burkholder; thence south by the same approximately 19 feet 3 inches, more or less, to land now or formerly of E. G. Ott estate; thence westwardly by line of land now or formerly of E. G. Ott estate 45 feet 1-1/2 inches to the place of beginning, having thereon erected a two story dwelling house known as No. 7 North High Street. UNDER AND SUBJECT to any and all covenants, conditions, res- ervations, restrictions, limitations, right-of-ways, objections, easements, agreements, etc., as they appear of record. BEING KNOWN AS: 7 NORTH HIGH STREET, NEWVILLE, PA 17241. PROPERTY ID NO.: 27-20-1756- 001A. TITLE TO SAID PREMISES IS VESTED IN Gary C. Negley by deed from Gary C. Negley and Doris J. Negley, husband and wife dated 5/22/00 recorded 5/24/00 in Deed Book 221 Page 967. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 z4fPatriot-News Now you know 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 on the date(s) indicated below. 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 This ad ran on the date(s) shown below; 04/23/08 04/30/08 05/07/08 Id............ Sworn to a d bscribed before me this 27 day of May, 2008 A.D. CXW42?- ?Y? Notary Pubic couot? ''y G°,n -9 2c) 0 ... Real Estate Sale #76 Writ No. 200"M Civil Tenn JP Morgan Chase Bank, as trust Under the Pooling and Servicing Agreement dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JP Morgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 VS Gary C. Negley Attorney- Mark Udren DESCRIPTION ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE, LYING AND BEING IN NEWVILLE BOROUGH, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERN LINE OF NORTH HIGH STREET AT THE NORTHERN SIDE OF AN OPEN PASSAGEWAY AT THE CORNER OF PROPERTY NOW OR FORMERLY OF H.G. OTT ESTATE AND LINE OF A WEATHER- BOUNDED DWELLING HOUSE; THENCE BY NORTH HIGH STREET, NORTH 33 FEET 3 INCHES TO THE SOUTHERLY EXTERIOR WALL OF A BUILDING NOW OR FORMERLY OF THE BOROUGH OF NEWVELLE (KNOWN AS THE NEWVU1,E BOROUGH GARAGE); THENCE EASTWARDLT AF30I I* *XTWILY WALL OF SAID BUILDING APPRO30 4AIU-Y 19 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING: THENCE CONTINUING ALONG THE EXTERIOR WALL OF SAID BUILDING IN A SOUTHERLY DIRECTION APPROXIMATELY 14 FEET, MORE OR LESS, TO A CORNER OF SAID BUILDING: THENCE CONTINUING ALONG THE ".XTERIOR WALL OF SAID BUILDING IN AN EASTERLY DIRECTION APPROXIMATELY 26 FEET, MORE OR LESS, TO LINE OF PROPERTY FORMERLY DFFRED BURKHOLDER;THENCESOUTH BY THE SAME APPROXIMATELY 19 FEET 3 INCHES, MORE OR LESS, TO LAND NOW OR FORMERLY OF E. G. OTT ESTATE: THENCE WESTWARDLY BY LINE OF LAND NOW OR FORMERLY OF E. G. OTT ESTATE 45 FEET 1-1/2 INCHES TO THE PLACE OF BEGINNING. HAVING THEREON ERECTED A TWO STORY DWELLING HOUSE KNOWN AS NO. 7 NORTH HIGH STREET. UNDER AND SUBJECT TO ANY AND ALL COVENANTS, CONDITIONS, RESERVATIONS, RESTRICTIONS, LIMITATIONS, RIGHT-OF-WAYS, OBJECTIONS, EASEMENTS, AGREEMENTS, ETC., AS THEY APPEAR OF RECORD. BEING KNOWN AS: 7 NORTH HIGH STREET, NEWVU LE, PA 17241 PROPERTY ID NO.: 27-20-1.756-MIA TITLE TO SAID PREMISES IS VESTED IN GARY C. NEGLEY BY DEED FROM GARY C. , NEGLEY AND DORIS J. NEGLEY HUSBAND AND WIFE DATED 5/22100 RECORDED 5124100 IN DEED BOOK 221 PAGE 967. FORECLOSURE CAPTION JPMorgan Chase Bank, as Trust Under Pooling and Servicing Agreement, dated As of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1 Plaintiff Vs. Gary C. Negley Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION AT LAW No. 2007-01953 ..................................................................................................................... ASSIGNMENT OF SHERIFF'S SALE BID I, Mark J. Udren, Esquire, am the Attorney acting on behalf of JPMorgan Chase Bank, as Trust Under Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitizadon LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1, Plaintiff/Bank, on the Writ of Execution, in connection with a Mortgage Foreclosure action as captioned above. 2. At the Sheriff's execution sale I, Mark J. Udren, Esquire, was the successful bidder on behalf of JPMorgan Chase Bank, as Trust Under Pooling and Servicing Agreement, dated as of September 1, 2004, among Credit Based Asset Servicing and Securitization LLC, PPT ABS, LLC, Litton Loan Servicing LP and JPMorgan Chase Bank, PPT Asset-Backed Certificates, Series 2004-1, Plaintiff/Bank. 3. I, Mark J. Udren, Esquire, being authorized by to do so, hereby assign the bid to The Bank of New York Mellon f/k/a The Bank of New York as successor to JPMorgan Chase Bank, National Association, f/k/a JPMorgan Chase Bank, as Trustee for the PPT Asset Backed Certificates, Series 2004-1, Assignee, whose address is 4828 Loop Central Drive, Houston, TX 77081 and instructs the Sheriff, upon payment of the costs of settlement, to record said Sheriff's Deed in favor of said Assignee. Dated: I O Respectfully submitted, Udren Law O es P.C. By: M'a'rk J. Udren, Esquire ATTY I.D. No. 04302 111 Woodcrest Rd., Ste. 200 Cherry Hill, NJ 08003 856-669-5400