Loading...
HomeMy WebLinkAbout06-4892PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 139217 7P MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM t' NO. Q(e -qP?k l: IUCC ( ?'l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 139217 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. RIO: 139217 Plaintiff is JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-ACI 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/13/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to 1 ST NATIONAL BANK OF ARIZONA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1739, Page: 2396. By Assignment of Mortgage recorded 02/24/2003 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EMC MORTGAGE CORPORATION which Assignment is recorded in Assignment Of Mortgage Book No 694, Page 3561. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File N: 139217 6. The following amounts are due on the mortgage: Principal Balance $52,30130 Interest 1,566.72 04/0112006 through 08/22/2006 (Per Diem $10.88) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 11/13/2001 to 08/22/2006 Cost of Suit and Title Search 550.00 Subtotal $ 55,668.02 Escrow Credit 0.00 Deficit 226.02 Subtotal 226.02 TOTAL $ 55,894.04 The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 55,894.04, together with interest from 08/22/2006 at the rate of $10.88 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHEg1s/FraLnc"js LINAN & SCHMIEG LLP ? By: S. H< Ilinan L WRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File 4: 139217 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty- eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty-seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. BEING THE SAME PREMISES which Blain E. Chrise, single man, by deed dated October 21, 1999 and recorded November 3, 1999 in the Recorder's Office in and for Cumberland County, PA, in Record Book 210, Page 1074, granted and conveyed unto Lorri Lee French. PROPERTY BEING: 867 MYERSTOWN ROAD He C 139217 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. , f ? -?&, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: V 4Q Ut ,7 1 0 E N W Sb` .;v ca W 0 ?7 C7 .mac 0 SHERIFF'S RETURN - REGULAR CASE NO: 2006-04892 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JP MORGAN CHASE BANK VS ROBINSON RICKIE A KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE was served upon ROBINSON RICKIE A the DEFENDANT , at 0015:55 HOURS, on the at 867 MYERSTOWN ROAD GARDNERS, PA 17324 KRISTIN SNOW (ADULT IN CHARGE a true and attested copy of NOTICE COMPLAINT IN MORTGAGE FORECLOSURE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 9.68 ' 06 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 37.68v/ 09/07/2006 6 a1/06 L-- PHELAN, HALLINAN & SHMIEG Sworn and Subscibed to By: 10 before me this day ep ty S r of A.D. by handing to 6th day of September, 2006 ff SHERIFF'S RETURN - REGULAR CASE NO: 2006-04898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRUM MINDY KAY VS BAILEY ATELVAGE JODY SMITH Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE BAILEY LLOYD E was served upon the WITNESS , at 0948:00 HOURS, on the 29th day of August , 2006 at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 by handing to LLOYD E BAILEY a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 So Answers: R. Thomas Kline 16.00./ 00/00/0000 LS Sworn and Subscibed to By: ci before me this day `\1 De y Sheriff of A. D. SHERIFF'S RETURN - REGULAR }CASE NO: 2006-04898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRUM MINDY KAY VS BAILEY ATELVAGE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon T.7TT C4" T TTt-lTT T _V 7(l7TRTC'T(1T%T the WITNESS , at 1650:00 HOURS, on the 25th day of August 2006 at 45 NORTH PITT STREET CARLISLE, PA 17013 by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00- 20.40/ 00/00/0000 a12 7/ 0-1 LS Sworn and Subscibed to By: 1/j before me this day of A.D. 7 ( rt SHERIFF'S RETURN - REGULAR CASE NO: 2006-04898 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CRUM MINDY KAY VS BAILEY ATELVAGE SHARON LANTZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within PROTECTION FROM ABUSE was served upon nATT.L'V AT'PT.tIL ;T' the DEFENDANT , at 2101:00 HOURS, on the 28th day of August 2006 at 1941 MAPLEWOOD DRIVE CARLISLE, PA 17013 KIM BAILEY, MOTHER by handing to a true and attested copy of PROTECTION FROM ABUSE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 ? ...? Service 4.40 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 32.40,/ 00/00/0000 (.? _ Rl?t ??b4 LS Sworn and Subscibed to By: - before me this day eputy Sheri f of A. D. (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 Plaintiff, No. 06-4892 V. RICKIE A. ROBINSON Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 10/13/06 to 3/7/07 (per diem -$9.28) $56,448.92 $1,345.60 and Costs TOTAL Add'1 fees $57,794.52 9.50 DA-N L G. WHNPEO? One nn Ce ter a Sub ban Station 1617 J\b. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 139217 IFT N M d P¦ d -It Oz CW-A V ? d a ? o w`" ?? cn WW OCLV 0 w O 1 H U wQ 0 d O W w? a? U a w O ca.a d M u? N d 4 V r r v. V 4 y ? y / -- ? v 53 ? Y DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty-eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty- seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. BEING THE SAME PREMISES which Blain E. Chrise, single man, by deed dated October 21, 1999 and recorded November 3, 1999 in the Recorder?s Office in and for Cumberland County, PA, in Record Book 210, Page 1074, granted and conveyed unto Lorri Lee French. PARCEL IDENTIFICATION NO: 40-43-2759-027 Premises: 867 Myerstown Road, Gardners, PA 17324 Middleton Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rickie Robinson, adult individual, by Deed from Lorri Lee French, adult individual and Joseph Roger French, dated 11/13/2001, recorded 11/20/2001, in Deed Book 249, page 1382. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4892 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1, Plaintiff (s) From RICKIE A. ROBINSON (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 $56,448.92 L.L. $.50 Interest FROM 10/13/06 TO 3/7/07 (PER DIEM - $9.28) - $1,345.60 AND COSTS Atty's Comm % Arty Paid $119.68 Plaintiff Paid Date: OCTOBER 20, 2006 Due Prothy $1.00 Other Costs ADD'L FEES - $2039.50 Curtis... Long, P n tary (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 By: Deputy Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-ACI Plaintiff, V. RICKIE A. ROBINSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4892 CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is 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 mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. falsification to authorities. to unsworn DANIEL l._S?IE, ESQUIRE Attorney f pp?? ntiff `?' D ?` ? -ri i.?? Q ?? ?? : ? t.. . ?'C7 _ ....? Yx ;1' _T V `r=?<?7 . _ £ P ? fU -? "? -?" ? --C ? JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 Plaintiff, V. RICKIE A. ROBINSON Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4892 AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,867 MYERSTOWN ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name RICKIE A. ROBINSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 867 MYERSTOWN ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None j 4. Name and address of last recorded holder of every mortgage of record: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 867 MYERSTOWN ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct toe best of my personal knowledge or information and belief. I understand that is statements he in are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn lsifi ation to aut orities. October 12, 2006 DATE IEL . S MIE , ESQUIRE Atto ev or P1 i C;t ? p i; o ' J D 'L7 V JP MORGAN CHASE BANK, AS TRUSTEE FOR CUMBERLAND COUNTY BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 No. 06-4892 Plaintiff, V. RICKIE A. ROBINSON Defendant(s). October 12, 2006 TO: RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. * * Your house (real estate) at, 867 MYERSTOWN ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $56,448.92 obtained by JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563=7000. 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 (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 A DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty-eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty- seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. BEING THE SAME PREMISES which Blain E. Chrise, single man, by deed dated October 21, 1999 and recorded November 3, 1999 in the Recorder?s Office in and for Cumberland County, PA, in Record Book 210, Page 1074, granted and conveyed unto Lorri Lee French. PARCEL IDENTIFICATION NO: 40-43-2759-027 Premises: 867 Myerstown Road, Gardners, PA 17324 Middleton Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rickie Robinson, adult individual, by Deed from Lorri Lee French, adult individual and Joseph Roger French, dated 11/13/2001, recorded 11/20/2001, in Deed Book 249, page 1382. r C=Z _ NIP r Y `Yµ ? AFFIDAVIT OF SERVICE PLAINTIFF JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 DEFENDANT(S) RICKIE A. ROBINSON SERVE RICKIE A. ROBINSON AT 867 MYERSTOWN ROAD GARDNERS, PA 17324 SERVED PAW CUMBERLAND COUNTY No. 06-4892 ACCT. #1218000750 p ?3gal? Type of Action - Notice of Sheriffs Sale Sale Date: 3/7/07 F 1-7 5. L, Served and made known to "`??'e- 1`?b' s0 N Defendant, on the day of CD C-4-6 be K200j; at 07 " )r o'clockp.m.,at 867 l 7,4 W" v-5 , Commonwealth , of Pennsylvania, in the manner described below: Defendant personally served. r l Adult family member with whom Defendant(s) reside(s). Name and Relationship is o, e a ? Adult in charge of Defendant(s)'s residence who refused to give name or relationship. ` tj s ? Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age IL /a Y crvee ?.. ? ? a true and correct copy of the the address indicated above. Sworn to and subscrihed bef in t is .J?y of 2000. Notary: - 4 'PLEA E S ATTEMPT On the day of NOT SERVED 200, at o'clock _.in., Defendant NOT FOUND because: Moved Unknown No Answer 15` Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200. Notary: By: 0 ? rr? Height ?? ?L Weight 1*240 Race kA Sex F Other QJ aSS? S competent adult, being duly sworn according to law, depose and state that I personally handed of Sheriff s Sale in the manner as set forth herein, issued in the captioned case on the date and at LlJC4J.EH.CAR1'Y, ? Nov 1i T LEAS'I`TTIMES. INDICATE DATM &(-TIMES OF SERVICE ATTEMPTED. Vacant 2nd Attempt: / / Time: Attorney for Plaintiff Daniel G. Schmieg, Esquire - I.D. No. 62205 {?} r- C3 C;_° ""? i ?? ?T +' ??1 - '1.3 - "r''. ...... - ? (,lj ..? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Asset Backed Securities Trust Series 2002-AC 1 VS. Rickie A. Robinson Plaintiff Defendant ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-4892 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: l . Plaintiff commenced this foreclosure action by filing a Complaint on August 23, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on October 13, 2006 in the amount of $56,448.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $52,301.30 Interest Through 3/07/07 3,725.75 Per Diem $10.93 Late Charges 0.00 Legal fees 1,675.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 15.00 Appraisal/BPO 95.00 MIP/PMI 180.00 NSF 0.00 Suspense/Misc. Credits 0.00 Escrow Deficit 643.02 TOTAL $59,847.07 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. -,..---Phelan Hallinan & Sc ieg, LLP 1 1 / J, Date: B Mi he e Ni. rad or , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Court of Common Pleas Asset Backed Securities Trust Series 2002-ACI vs. Rickie A. Robinson Plaintiff : Civil Division : Cumberland County : No. 06-4892 Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. BACKGROUND OF CASE Defendant executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 867 Myerstown Road, Gardners, PA 17324. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. n. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh y. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiff's interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VI. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. P la Hallinan & Schmie , LLP DATE: ' By: Michele radfor , squire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 21? S) 563-7000 139217 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff` V. RICKIE A. ROBINSON ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TE RM NO. 01, `7? CUMBERLAND COUNTY 867 MYERSTOWN ROAD GARDNERS, PA 17324 Defendant PI-EASEREW ON CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE - -i NOTICE You have been sued in court. If you wish to defend against the claims set forth i1i the:1`611 roving ;- pages, you must take action within twenty (20) days after this complaint and notice are servej, by Co entering a written appearance personally or by attorney and filing in writing with the court your de'&ses 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 ' L t F E3 3 4fS,S. r% q m x bs File #: 139217 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 _ 139217 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC I 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE 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 AISLE 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 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 pL- ?? 'f h; Wit Out "A41 I s File #: 139217 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE, THE VALIDITY OF THE DEIST OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION 'W'ITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File M 139217 Plaintiff is JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-ACI 3476 STATEVIEW BLVD FORT MILL, SC 29715 The name(s) and last known address(es) of the Defendant(s) are: RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/13/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to 1 ST NATIONAL BANK OF ARIZONA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1739, Page: 2396. By Assignment of Mortgage recorded 02/24/2003 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EMC MORTGAGE CORPORATION which Assignment is recorded in Assignment Of Mortgage Book No 694, Page 3561. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 139217 The following amounts are due on the mortgage: Principal Balance $52,301.30 Interest 1,566.72 04/01/2006 through 08/22/2006 (Per Diem $10.88) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 1 I / 13 /2001 to 08/22/2006 Cost of Suit and Title Search 550.00 Subtotal $ 55,668.02 Escrow Credit 0.00 Deficit 226.02 Subtotal $ 226.02 TOTAL $ 55,894.04 The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 55,894.04, together with interest from 08/22/2006 at the rate of $10.88 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA LLIIN??A??N & SCCHMIEG LIP . C.uJ ?=J • "? By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File ft: 139217 LEGAL DESCRIP'T'ION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty- eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty-seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeastern most dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. BFTNG THE SAME PREMISES which Blain E. Chrise, single man, by deed dated October 21, 1999 and recorded November 3, 1999 in the Recorder's Office in and for Cumberland County, PA, in Record Book 210, Page 1074, granted and conveyed unto Lorri Lee French. PROPERTY BEING: 867 MYERSTOWN ROAD Filc ft: 139217 Exhibit `B" PHELAN HALLINAN & SCHMIEG, L,L.P. By: DANIEL G, SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 215) 5153-7000 7 ^?. JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES : CUMBERLAND COUN'T'Y TRUST SERIES 2002-ACI COURT OF COMMON PLEAS 2476 STATEVIE'W BOULEVARD FORT MILL, SC 29715 CIVIL DIVISION c -n K.... Plaintiff, i NO. 06-4892 t V. P-1 i, RICKIE A. ROBINSON Defendant(s).t CP PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF 12AMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against RICKIE A. ROBINSON . Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $55,894.04 Interest from 8/23/06 to 10/13/06 $554.88 TOTAL $56,448.92 1n+J I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as wn above, and (2) that notice has been given in accordance with Rule 237,1, gapy attached, ttorney f9f PI , ,SQUIRE DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE:" L ZIA PRO OTITY 139217 VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. /Theian-Hallinan & Samieg, LLP r DATE: By:/ ichele j ' Bra ord, Esquire Attorney for Plaintiff 7 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Asset Backed Securities Trust Series 2002-AC 1 Plaintiff vs. Rickie A. Robinson Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division : Cumberland County : No. 06-4892 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individual on the date indicated below. Rickie A. Robinson 867 Myerstown Road Gardners, PA 17324 Phel n Hallinan ieg, LLP :C? DATE: t? By: ich le M. rad or, , Esquire Attorney for Plaintiff c? TM' ,- 4 ? ? . _,, ? ..? f 1? ? f . _. # r, i`iT ti--1 1.:? ?, ' C ? .. 3..?. _ - ."? :y ,?? - JP Morgan Chase Bank, as Trustee For Bear Stearns Asset Backed Securities Trust Series 2002-AC 1 Plaintiff V. Rickie A. Robinson Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-4892 CIVIL ORDER OF COURT AND NOW, this 9`h day of January, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that: 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before January 29, 2007; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, .1dichele M. Bradford, Esquire Attorney for Plaintiff/Petitioner /ckie A. Robinson Defendant J bas N\ M. L. Ebert, Jr., 4 ? ?,? t-Jpt z?. ..t it 7, ? iF,f t :F fed" 1 ti Id L, Nri QQ :11 WV 6- Nvr t00Z AbViO Nv iL0 4d 31HI JO ?wii?a-CGllJ PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Asset Backed Securities Trust Series 2002-AC 1 Plaintiff Court of Common Pleas : Civil Division Cumberland County VS. Rickie A. Robinson : No. 06-4892 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 9, 2007 Rule directing the defendant to show by January 29, 2007 was sent to the following individuals on the date indicated below. Rickie A. Robinson 867 Myerstown Road Gardners, PA 17324 DATE: C7 )6-7 Defendant 4Phelan allinan & Schmie , P a M. Br fo , Attorney for Plaintiff n 0 -n D w I a* SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET No.: 06-4892 BACKED SECURITIES TRUST SERIES 2002-AC1 VS. RICKIE A. ROBINSON AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 867 MYERSTOWN ROAD, GARDNERS, PA 17324. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. j_C?4 DANIEL SCHMIEG, ESQUI Attorney for Plaintiff January 24, 2007 ( w r?1 Vi A W N O ? ? V O? N A W N .+ A• z c x ? x z 9a W z o C A y 0 c W M pp F g ?..rr„ wrwn, /? 02 9 $. 8 M W 000421801() 0 + O- * 19 2008 MAILE `. v D FROM 21P CODE f 9103 iLL day "`III a rro,O? ?. b z ax ? ccc Iw < yCy?? <9' r' 0 ?? C> ?? G ;? - l? ?f l - .? r ? -?. ? ? ? ? -. ? ? ? ??i «? ? .? y ?t PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Court of Common Pleas Asset Backed Securities Trust Series 2002-AC 1 VS. Rickie A. Robinson Plaintiff Defendant : Civil Division : Cumberland County : No. 06-4892 JP Morgan Chase Bank, As Trustee for Bear Stearns Asset Backed Securities Trust Series 2002-AC 1 by and through its attorney, Michele M. Bradford, Esquire, hereby petitions this Honorable Court to make Rule to Show Case absolute in the above-captioned action, and in support thereof avers as follows: 1. That it is the Plaintiff in this action. 2. A Motion to Reassess Damages was filed with the Court on January 3, 2007. 3. A Rule was entered by the Court on or about January 9, 2007 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on January 17, 2007, in accordance with the applicable rules of civil procedure. A true and correct copy of the Rule is attached hereto, made apart hereof, and marked Exhibit "B". 5. Defendant failed to respond or otherwise plead by the Rule Returnable date of January 29, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP Date M chele radf squire Attorney for the Plaintif PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Court of Common Pleas Asset Backed Securities Trust Series 2002-AC 1 Plaintiff vs. : Civil Division : Cumberland County : No. 06-4892 Rickie A. Robinson Defendant RRIF.F IN SITPPnRT OF PLAINTIFF'S MOTION TO MAKE RITZ F ARSO UTF A Motion to Reassess Damages was filed with the Court on January 3, 2007. A Rule was entered by the Court on or about January 9, 2007 directing the Defendants to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all parties on January 17, 2007 in accordance with the applicable rules of civil procedure. Defendants failed to respond or otherwise plead by the Rule Returnable date of January 29, 2007. WHEREFORE, Petitioner prays this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff's Motion to Reassess Damages. PHELAN HALLINAN & SCHMIEG, LLP L\ 1? Ile Date AMch le W.'B6A4, Esquire Attorney for the Plaintiff Exhibit "A" JP Morgan Chase Bank, as Trustee For Bear Steams Asset Backed Securities Trust Series 2002-AC 1 V. Rickie A. Robinson Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 06-4892 CIVIL ORDER OF COURT AND NOW, this 0' day of January, 2007, upon consideration of the Plaintiff's Motion to Reassess Damages, IT IS HEREBY ORDERED AND DIRECTED that 1. A rule is issued upon the defendant to show cause why the plaintiff is not entitled to the relief requested; 2. The defendant will file an answer to this petition on or before January 29, 2007; 3. A copy of said answer will be filed with this Court; 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, and the answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled. By the Court, Michele M. Bradford, Esquire: Attorney for Plaintiff/Petitioner Ri0l i A. Robinson Defendant 1\k I " . 'U, M. L. Ebert, Jr., bas Exhibit "B" PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Court of Common Pleas Asset Backed Securities Trust Series 2002-AC 1 Civil Division Plaintiff o Cumberland Counter -' vs. No. 06-4892 Rickie A. Robinson Defendant ?a t c 171 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 9, 2007 Rule directing the defendant to show by January 29, 2007 was sent to the following individuals on the date indicated below. Rickie A. Robinson 867 Myerstown Road Gardners, PA 17324 NOt° . " DATE: -44)- A ' Phelan Hallinan & Schmi P y: M the M. B fo Attorney for Plaintiff Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to take this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the sworn penalties of 18 Pa.C.S. J lt?l Ibi Date §4904 relating to the unsworn falsific ion of authorities. Michele M. Bradfo , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP Morgan Chase Bank, As Trustee for Bear Stearns Court of Common Pleas Asset Backed Securities Trust Series 2002-AC 1 Plaintiff : Civil Division : Cumberland County vs. : No. 06-4892 Rickie A. Robinson Defendant I hereby certify that a true and correct copy of the foregoing Motion to Make Rule Absolute and Brief in Support thereof was served upon the following interested parties via first class mail on the date indicated below: Rickie A. Robinson 867 Myerstown Road Gardners, PA 17324 Date: I Michele M. Bra Ldd, Esquire Attorney for Plaintiff C"? ? ?r't ?. _ --? ?? ? ? ? a ? C:3 ,.,., i? '"y ;=tip .. t . . ?? '1 _„S } ? . M1 i~.,= r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JP Morgan Chase Bank, As Trustee for Bear Stearns Asset Backed Securities Trust Series 2002-ACI Plaintiff vs. Rickie A. Robinson : Court of Common : Civil Division : Cumberland County No. 06-4892 Defendant AND NOW, this day of C 34f'%)Qor?4 -, 2007 the Prothonotary is ORD the judgment in this case as follows: Principal Balance $52,301.3 Interest Through 3/07/07 3,725.7 Per Diem $10.93 Late Charges 0.00 Legal fees 1,675.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 15.00 Appraisal/BPO 95.00 MIP/PMI 180.00 NSF 0.00 n R zoo7(? to amend 5 o i a v Suspense/Misc. Credits Escrow Deficit TOTAL 0. $59,847.x7 Plus interest from 3/07/07 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. I BY THE COURT J. 139217 f . ? ?.f ? ? ! E i+. C. i b ., t_y .., c j i :? ?,? : ,t, ? ? .. t`%'%. s '? i?r r --. is_7 JP Morgan Chase Bank, as Trustee for Bear In the Court of Common Pleas of Stearns Asset Backed Securities Trust Series Cumberland County, Pennsylvania 20002-AC I Writ No. 2006-4892 Civil Term VS Rickie A. Robinson R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 23.73 Posting Handbills 15.00 Advertising 15.00 Law Library .50 Prothonotary 1.00 Mileage 19.36 Certified Mail 2.10 Levy 15.00 Surcharge 20.00 Law Journal 563.00 Patriot News 488.72 Share of Bills 16.83 $1,210.24 So Ans rs: R. Thomas Kline, Sheriff BY b Real Estate Se geant " 31,u/°3 I . 5ro CK 67811 ice,, ig©d Ile . JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES CUMBERLAND COUNTY TRUST SERIES 2002-AC1 COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION RICKIE A. ROBINSON NO. 06-4892 Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 , Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,867 MYERSTOWN ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name RICKIE A. ROBINSON Last Known Address (if address cannot be reasonably ascertained, please indicate) 867 MYERSTOWN ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare 867 MYERSTOWN ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to We best of my personal knowledge or information and belief. I understand thWSMIE, n are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn es. October 12, 2006 DATE IUI RE Atto 9 Z :Z{ ci 9 Z 130 9001 JP MORGAN CHASE BANK, AS TRUSTEE FOR CUMBERLAND COUNTY BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 No. 06-4892 Plaintiff, V. RICKIE A. ROBINSON Defendant(s). October 12, 2006 TO: RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 * *THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY." Your house (real estate) at, 867 MYERSTOWN ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $56,448.92 obtained by JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS_ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty-eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty- seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. BEING THE SAME PREMISES which Blain E. Chrise, single man, by deed dated October 21, 1999 and recorded November 3, 1999 in the Recorder?s Office in and for Cumberland County, PA, in Record Book 210, Page 1074, granted and conveyed unto Lorri Lee French. PARCEL IDENTIFICATION NO: 40-43-2759-027 Premises: 867 Myerstown Road, Gardners, PA 17324 Middleton Township Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rickie Robinson, adult individual, by Deed from Lorri Lee French, adult individual and Joseph Roger French, dated 11/13/2001, recorded 11/20/2001, in Deed Book 249, page 1382. q Z :ZE d 9 Z130 9DOZ WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4892 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1, Plaintiff (s) From RICKIE A. ROBINSON (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 $56,448.92 L.L. $.50 Interest FROM 10/13/06 TO 3/7/07 (PER DIEM - $9.28) - $1,345.60 AND COSTS Atty's Comm % Due Prothy $1.00 Atty Paid $119.68 Other Costs ADD'L FEES - $2039.50 Plaintiff Paid Date: OCTOBER 20, 2006 2&&X:??A(JL Curtis kl? Long, Prot ary (Seal) By: Deputy REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 ;kO Real Estate Sale # 21 On November 1, 2006 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 867 Myerstown Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 1, 2006 By: Real Estate Sergeant 9Z :Z! d 9Z 110 9001 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE 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: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Mane Coyne, itor SWORN TO AND SUBSCRIBED before me this 9 day of February. 2007 NOTARIAL SEAL ' LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission Expires March 5, 2009 REAL ESTATE SALE NO. 21 Writ No. 2006-4892 Civil JP Morgan Chase Bank, as Trustee for Bear Stearns Asset Backed Securities Trust Series 2002-AC I VS. Rickie A. Robinson Atty.: Daniel Schmieg DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylva- nia, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the com- mon point of adjoinder of Lots No. 3 and 4 on the hereinafter men- tioned plan of subdivision with said dedicated right-of-way line, and be- ing located for reference purposed only a distance of two hundred sixty- ' nine and fifty-eight hundredths (269.58) feet measured along said northeastermost dedicated right-of- way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/ Adams County line; thence extend- ing in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a dis- tance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of sub- division; thence departing from the northeastemost dedicated right-of- way line of Myerstown Road, and extending along Lot No. 2 the fol- lowing two (2) courses and dis- tances; (1) North forty-one (41) de- grees forty-seven (47) minutes twenty (20) seconds East for a dis- tance of two hundred and zero hun- dredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) sec- onds East for a distance of one hun- dred twenty-five and zero hun- dredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty-seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. BEING THE SAME PREMISES which Blain E. Chrise, single man, by deed dated October 21, 1999 and recorded November 3, 1999 in the Recorder's Office in and for Cumberland County, PA, in Record Book 210, Page 1074, granted and conveyed unto Lorri Lee French. PARCEL IDENTIFICATION NO: 40-43-2759-027. Premises: 867 Myerstown Road, Gardners, PA 17324, Middleton Township, Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Rickie Robinson, adult individual, by Deed from Lorri Lee French, adult individual and Joseph Roger French, dated 11/13/2001, recorded 11/20/2001, in Deed Book 249, page 1382. 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 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION ................ .....M ........................................ COPY Sworn to a s sc ed before me this 26th day of Februarryy 2oo S A L E 421 COMMONWEALTH OF PENNSYLVA?vfa Notarial Seal '?c Terry L. Russell, Notary Publ City Of Harrisburg, Dauphin County My Commission Expires June 6, 2010 nistion of Notaries Y e CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 trace of land WVW in -Au THO'Pi the j #Soto 0 L' cobwy af 16 Id Afy iuwu Road ?T S2il. 8 the paint hf tiadea t#lip No. 3 w d 4 onad 1? df 1f11e. and i) a sion8 sand pypdtt cf Way tine of ted tt+tM avw ar Batty of Candy line; thew d1jaft m and along tie a way tine of ??1to?, f4s) <r s (12) r®rdea fdity (* W A for a dialtt M at ow b@DOW twrdy-five and zeal bAO4tef6s (1a5 (6* 10 a sand Pili At Lot No. 2 on the bet" ash 1W of iltesoe dttpartiog from the wq Lot No itad t 8 *q Z toe IA it $,Jsir fZ1 causes atd diaiitnces; (1) North fatty-use (41) doom forty-oeven (47) flgMft twe4y (20 WOOD & FJA for a i> of tsw and uiu bunkeft ¢10.00) kd m a2 forty t S4)+ art for a dltgece of one haodted wid=uAp?.02SAM fed 10 a steel pin wbKk sub the conwon Punt of adjoisda of Lou Noc 2, 3, 4, and 5 on the bminaftr m mfiwAd plan Of sdx? &me oa a f dog Lot No. 4 9bdh fdtty- oae (41) depox twenty (2p} aacoaapBrt #or bf two hatiltal , }set toasted *Of- way fine of Myea w- Raid, aid pet mmbkg the puce of H19o'IIim. SEBlE?1?RA1r? S Blain E adik &* min, by decd dated ocaobea 21, 1999 aW tocomW November 3, 1999 in the ms's Office m and fqr Cambed od Cotufy, PA, in RccoW Book 210, pw 1074, gtaaaad and cceveyed unto Lud Los Fveoch. FA? ID i *OVS9-HZ7 167 R04 Gam, PA r` TM 110 SAID PRO OM IS VEMW IN 4lir(<SiCbtabkwQ, adnh isdirjdoal, by Deed from La d lee Finach, addt iodivideal and Joseph Roger Freaeh, dined l1f191 I, WOO" II/ 20V I, m DeadBO* 219, pale 1382. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) Pa.R.C.P. 3180-3183 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-ACI Plaintiff, V. RICKIE A. ROBINSON AIKIA RICKIE ROBINSON Defendant(s). TO THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 3/8/2007-DATE OF SALE (per diem -$9.84) No. 06-4892 CIVIL TERM $59,847.07 $8,127.84 and Costs TOTAL $67,974.91 /?er?7til? DANIEL G. SCHM SQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold_in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 139217 G O? HA V ? V d rn W d H o lot- v -4- 0 ?- tCA .3 6., cA t- d W CJ d z .? p a I (w i v a? a?io d f V-P A ?a r v FEBA62M/ IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA !P Morgan Chase Bank, As Trustee for Bear Stearns : Court of Common Pleas Asset Backed Securities Trust Series 2002-AC 1 : Civil Division Plaintiff : Cumberland County vs. : No. 06-4892 Rickie A. Robinson Defendant AND NOW, this o day o bf r , 2007 the Prothonotary is ORDERED to amend the judgment in this case as follows: Principal Balance $52,301.30 Interest Through 3/07/07 3,725.75 Per Diem $10.93 Late Charges 0.00 Legal fees 1,675.00 Cost of Suit and Title 1,212.00 Sheriffs Sale Costs 0.00 Property Inspections 15.00 Apprais"PO 95.00 MIP/PMI 180.00 NSF 0.00 13?w) f I ? Suspense/Misc. Credits Escrow Deficit TOTAL Plus interest from 3/07/07 through the date of sale at six percent per annum. 0.00 64307 $59,847.07 Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT TQz 139217 T1 OWY FROM RECORLi ll?+a `:0 flei? 01 nw- befllulNo8ltttAL A'0?11A1Sryi IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RICKIE ROBINSON Debtor(s) Chapter 13 Case No.: 1:07-bk-00597-RNO ORDER DISMISSING CASE Upon consideration of Trustee's Motion to Dismiss Case upon the basis that the plan is unconfirmable, 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. Dated: September 29, 2008 N "Y 6" U. g3:tpr Robert N. 4pe1, II, Buginptcy Judge This document is electronically signed and filed on the same date. (80 Case 1: -bk-00597-RNO Doc 73 Filed 09/29/08 Entered 09/29/08 12:4614&smQeS0 REV 04M Main Document Page 1 of 1 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 Plaintiff, V. RICKIE A. ROBINSON A/K/A RICKIE ROBINSON Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4892 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is 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: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DANIEL G. SCHM ' G, ESQUIRE Attorney for Plaintiff i o tv .y, JP MORGAN CHASE BANK, AS TRUSTEE FOR . BEAR STEARNS ASSET BACKED SECURITIES CUMBERLAND COUNTY TRUST SERIES 2002-ACI COURT OF COMMON PLEAS v. Plaintiff, CIVIL DIVISION RICKIE A. ROBINSON NO. 064892 CIVIL TERM A/K/A RICKIE ROBINSON Defendant(s). AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR_STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1' Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at .867 MYERSTOWN ROAD. GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKIE A. ROBINSON 867 MYERSTOWN ROAD A/K/A RICKIE ROBINSON GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None It m% 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 867 MYERSTOWN ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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.A. § 4904 relating to unsworn falsification to authorities. /'?)` 4 January.E. 200 DATE DANIEL G. SC G, ESQUIRE Attorney for Plaintiff ??. `? --< JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 Plaintiff, V. RICKIE A. ROBINSON A/K/A RICKIE ROBINSON Defendant(s). CUMBERLAND COUNTY No. 06-4892 CIVIL TERM January 8, 2009 TO: RICKIE A. ROBINSON A/K/A RICKIE ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 * *TUIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOTAND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 867 MYERSTOWN ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $59,847.07 obtained by JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 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 0 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. ,/ LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty-eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty- one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty-seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Rickie Robinson, adult individual, by Deed from Lorri Lee French, adult individual and Joseph Roger French, dated 11/13/2001, recorded 11/20/2001, in Deed Book 249, page 1382. PREMISES BEING: 867 MYERSTOWN ROAD, GARDNERS, PA 17324 PARCEL NO. 40-43-2759-027 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4892 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, as Trustee for BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1, Plaintiff (s) From RICKIE A. ROBINSON a/k/a RICKIE ROBINSON (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 $59.847.07 L.L. Interest from 3/08/07 to Date of Sale (per diem - $9.84) -- $8,127.84 and Costs Atty's Comm % Due Prothy $2.00 Arty Paid $1,351.42 Other Costs Plaintiff Paid Date: 1/09/09 Curtis R. L g, on ry (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Deputy Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 DEFENDANT(S) RICKIE A. ROBINSON A/K/A RICKIE ROBINSON SERVE RICKIE A. ROBINSON A/K/A RICKIE ROBINSON AT: CUMBERLAND COUNTY No. 064892 CIVIL TERM ACCT. #139217 Type of Action - Notice of Sheriff's Sale 867 MYERSTOWN ROAD Sale Date: JUNE 10, 2009 GARDNERS, PA 17324 SERVED Served and made known to 121e k i t RO $tlu so N , Defendant, on the day of 1"99W 200q at ?• 36 . o'clock A.m., at F0 M `? D.T11? O f20 h , lfe5 Agb N geS . Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is _ Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _40s Height 5r' Weight '340 Race W Sex M Other I, RylU4Lb X1/16 LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed fore me this 15T day 0 ,4 N , 2008. P&Uoq Ito SE CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. State of New Jersey PATRICIA E. HA :RIS NOT SERVED Corrmission Expires June 16, 2013 On the day of , 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1't Attempt: Time: 2"d Attempt: Time:_ 3rd Attempt: Time: Sworn to and subscribed Attorney for Plaintiff before me this day DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 of . 200_ One Penn Center at Suburban Station, Suite 1400 Notary: By. 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 !J.! ?' ? 1 3 t r I-Nrj c Vu s cz LQJ _ tx- G PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC 1 : Plaintiff V. RICKIE A. ROBINSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-4892 CIVIL TERM PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on August 23, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A99. 2. Judgment was entered on October 13, 2006 in the amount of $56,448.92. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 867 MYE-RSTOWN ROAD, GARDNERS, PA 17324 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 1:07-00597 on February 28, 2007. The Bankruptcy was dismissed by order of court dated September 29, 2008. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 10, 2009. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $51,140.82 Interest Through June 10, 2009 $6,271.98 Per Diem $10.68 Late Charges $39.00 Legal fees $2,250.00 Cost of Suit and Title $1,646.00 Sheriffs Sale Costs $1,147.92 Property Inspections/ Property Preservation $178.95 Appraisal/Brokers Price Opinion $580.00 Mortgage Insurance Premium / $90.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $1,975.80 TOTAL $65,320.47 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on April 3, 2009 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiffs letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. Phelan Hallinan & Schmieg, LLP DATE: /07 By: 1f Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC 1 Plaintiff Court of Common Pleas Civil Division CUMBERLAND County V. No. 06-4892 CIVIL TERM RICKIE A. ROBINSON Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RICKIE A. ROBINSON executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 867 MYERSTOWN ROAD, GARDNERS, PA 17324. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action„ Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa-Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22,24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting; the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (11993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in. the in rem judgment is for bidding at the Sheriff s Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in. a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the :mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terns of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff Exhibit "A" PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 139217 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 Plaintiff V. RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM ? / NO. Q(,,-4eT)-,, Cto CUMBERLAND COUNTY N Defendant PLEAW FILE CIVIL ACTION - LAW r 71 COMPLAINT IN MORTGAGE FORECLOSURE 7 NOTICE ' You have been sued in court. If you wish to defend against the claims set forth in tlf?foll&?ingo pages, you must take action within twenty (20) days after this complaint and notice are serveA byw entering a written appearance personally or by attorney and filing in writing with the court your defeenses 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 NE° FILE Cr File #: 139217 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE :NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 139217 Plaintiff is JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC 1 3476 STATEVIEW BLVD FORT MILL, SC 29715 2. The name(s) and last known address(es) of the Defendant(s) are: RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/13/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to 1 ST NATIONAL BANK OF ARIZONA which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No: 1739, Page: 2396. By Assignment of Mortgage recorded 02/24/2003 the mortgage was Assigned To MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. AS A NOMINEE FOR EMC MORTGAGE CORPORATION which Assignment is recorded in Assignment Of Mortgage Book No 694, Page 3561. PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 05/01/2006 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File 11: 139217 6. The following amounts are due on the mortgage: Principal Balance $52,301.30 Interest 1,566.72 04/01/2006 through 08/22/2006 (Per Diem $10.88) Attorney's Fees 1,250.00 Cumulative Late Charges 0.00 11/13/2001 to 08/22/2006 Cost of Suit and Title Search 550.00 Subtotal $ 55,668.02 Escrow Credit 0.00 Deficit 226.02 Subtotal 226.02 TOTAL $ 55,894.04 7. The attorney's fees 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 Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 55,894.04, together with interest from 08/22/2006 at the rate of $10.88 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELA LLINAN & SCHMIEG LLP . loo By: /s/Francis_S. Hallinan LAWRENCE T. PHELAN, ESQUIRE. FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 139217 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty- eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty-seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of-way line of Myerstown Road, said pin marking the place of BEGINNING. BEING THE SAME PREMISES which Blain E. Chrise, single man, by deed dated October 21, 1999 and recorded November 3, 1999 in the Recorder's Office in and for Cumberland County, PA, in Record Book 210, Page 1074, granted and conveyed unto Lorri Lee French. PROPERTY BEING: 867 MYERSTOWN ROAD File k: 139217 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. K C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Exhibit 66B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 2476 STATEVIEW BOULEVARD FORT MILL, SC 29715 V. Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-4892 cam'-' go p i jtrr n, P RICKIE A. ROBINSON Defendant(s). . PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against- RICKIE A. ROBINSON , Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure. and Sale.of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $55,894.04 Interest from 8/23/06 to 10/13/06 $554.88 TOTAL $56,448.92 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are ass wn above, and (2) that notice has been given in accordance with Rule 237, 1, M attache DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: io_?PRO OTHY r 139217 <. Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RICKIE ROBINSON Debtor(s) Chapter 13 Case No.: 1:07-bk-00597-RNO ORDER DISMISSING CASE Upon consideration of Trustee's Motion to Dismiss Case upon the basis that the plan is unconfirmable, 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. Robert N. Opel, II, &nkrptcy Judge This document is electronically signed and filed on the same date. {BQ Dated: September 29, 2008 Case 1:07-bk-00597-RNO Doc 73 Filed 09/29/08 Entered 09/29/08 12:46AZISMElew REV 04/08 Main Document Page 1 of 1 Exhibit `'D" `L °? H v, P w N O oo J C, A w N r CD to ft y d ft d ? ry "nom d ? H n N z d 0. 3 x B ?- ? a O > CD d t °' °= Z ?., es ? CA y v) O e' ??Ro S _ 00 mb ? eD b o C? ? O o Z ? a ? C7 ? ?U= o ? eD eD oQ ? 0 01= z y ? 0 ? E3 1=0ao. y? ?o ss `' ?o a o p, o o < r 5 Z5 rn W O O' c' 6 ti ° A n d In ?3' O ti P ? y X09 ??_? ?® 7 `b G. R ? co _?°P?1?'1// ®? WTNEY BOWES ? 9? $01 100 ? a w 0 0. _. w b - - 02 1M 000421 801 0 APR 03 2009 ' A a MAILED FROM Zip CODE 19 103' ° N ? d T ? ' 7" o a r c. H cB S w ? m VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. / Phelan Hallinan & Schmieg, LLP DATE: l °f BY: ???? Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 ATTORNEY FOR PLAINTIFF 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE FOR Court of Common Pleas BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC I Civil Division Plaintiff V. RICKIE A. ROBINSON Defendant CUMBERLAND County No. 06-4892 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 DATE: li lO 44 f Phelan Hallinan & Schmieg, LLP By: Michele M. Bradford, Esquire Attorney for Plaintiff OF ?1 IFi fFP0 .., ?, ; J 1 ???Y 20094 OR 13 M 4: 45 APR 14 2008 y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE FOR Court of Common Pleas BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-ACI Civil Division Plaintiff CUMBERLAND County V. No. 06-4892 CIVIL TERM RICKIE A. ROBINSON Defendant RULE AND NOW, this /q' day of / 2009, a Rule is entered upon the Defendant to show cause why an Order should not be entered granting Plaintiff's Motion to Reassess Damages. Rule Returnable , a i Co um ounty o BY T COURT J. .'C?. y co C-J 4 Michele M. Bradford, Esquire Phelan Hallinan & Schmieg, LLP 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103 TEL: (215) 563-7000 FAX: (215) 563-3459 michele.bradford@fedphe.com RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 139217 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC I Plaintiff V. RICKIE A. ROBINSON Defendant Court of Common Pleas Civil Division CUMBERLAND County No. 06-4892 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the Court's April 17, 2009 Rule was sent to the following individual on the date indicated below. RICKIE A. ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 DATE: 161 Ph Haltinan & Schmieg, LLP By: Mic ele . Br ford, Esquire Attorney for Plaintiff F1 LE D - OF THE PPI" 2009 APR 30 AN 10: a,tiv• - JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 VS. RICKIE A. ROBINSON A/K/A RICKIE ROBINSON : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 06-4892 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE The undersigned attorney hereby verify as follows: As required by Pa. R.C.P. 3129.1(a), Notice of Sale has been given to all known Lienholders and any known interested party in the manner required by Pa. R.C.P. 3129.1(c) on each of the persons or parties named, at that address set forth on the Affidavit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached hereto as Exhibit "A". DATE: 's-ft/h mof By:57?/ ka?' , Lawrence T. Phelan, Esq., Id. No. 32227 cis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 Michele M. Bradford, Esq., Id. No. 69849 Judith T. Romano, Esq., Id. No. 58745 Sheetal R. Shah-Jani, Esq., Id. No. 81760 Jenine R. Davey, Esq., Id. No. 87077 Lauren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Attorneys for Plaintiff R x r N ~ ~ W ~ N .+ ?-+ ~ O ?p 00 v O? th A w N ?. a z ?o a y *dt? p ro EP ' Cn OW ? *?'xy? y b lrT, n O 00 CN°" Y ? 5 ntn ?J sC YgG 0-0 L a ° o?oy? W p z c n N ro 0 ?O x! O S G 0 V, t., 'r1 C? C, 2 H { r CD A r? H a 9 z a ? M ro > C v? w .JH »' Yjq?} fA N v 5 C, ITI 00 W ti 6 e? ' C O G• y • ? b ? O PR C F??ayJ [F ? r^ F?+? M ?.n3rjt U 7 M C?1 p (? • (? O•'$ `+ O` ? W ? O ? ?6]" o f f ? C) ? p? iii' '"p1 a N :• .m.. ??.-y' \ O' r? N U GG ?, O .w B ?,r3? .? Ir pp p R. ? w ? O ? n 9 1*S pr PFFNEV K 02 1M 0004218010 JAN 092009 - MAIMDTROM-M CODE 1 -103 A y a a? .r o? o ri o 0 co ro O b n ro Fill-ED THE ,. ` ??" ?Y 4 1 r 2904 MAY 19 AH 9: CUM; a,j;'vT`` PHELAN LLINAN & SCHMIEG, LLP by: Michele . Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, A 19103-1814 rl) 1 Sl s?z_?n n JP MORGA CHASE BANK, AS TRUSTEE FOR BEAR STE S ASSET BACKED SECURITIES TRUST SERIES 2002-AC 1 Plaintiff V. RICKIE A. ROBINSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-4892 CIVIL TERM MOTION TO MAKE RULE ABSOLUTE JP SECURII hereby pe and in suI 1. 2. )RGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED > TRUST SERIES 2002-AC1, by and through its attorney, Michele M. Bradford, Esquire, ins this Honorable Court to make Rule to Show Cause absolute in the above-captioned action, t thereof avers as follows: That it is the Plaintiff in this action. A Motion to Reassess Damages was filed with the Court on April 13, 2009. 3. A Rule was entered by the Court on or about April 17, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. A true and correct copy of the Rule is attached hereto, made part hereof, and marked Exhibit "A". 4. The Rule to Show Cause was timely served upon all parties on April 29, 2009, in accordance with the applicable rules of civil procedure. A true and correct copy of the Certificate of Service is attached hereto, made part hereof, and marked Exhibit "B". Defendant failed to respond or otherwise plead by the Rule Returnable date of May 19, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiffs Motion to Reassess Damages. Phelan HallinanSc leg, LLP DATE: I Q By: fiche M. Bradford, Esquir Attorney for Plaintiff PHELAN LLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. IK-ennedy Boulevard Philadelphia, A 19103-1814 (215) 563-70 ATTORNEY FOR PLAINTIFF JP MORGA CHASE BANK, AS TRUSTEE FOR Court of Common Pleas BEAR STE S ASSET BACKED SECURITIES TRUST SERIES 2002-AC I Civil Division Plaintiff CUMBERLAND County V. No. 06-4892 CIVIL TERM RICKIE A. OBINSON Defendant L A Motion to Reassess Damages was filed with the Court on April 13, 2009. A Rule was entered byte Court on or about April 17, 2009 directing the Defendant to show cause why the Motion to Reassess Damages should not be granted. The Rule to Show Cause was timely served upon all part es on April 29, 2009 in accordance with the applicable rules of civil procedure. Defendant filed to respond or otherwise plead by the Rule Returnable date of May 19, 2009. WHEREFORE, Plaintiff requests that this Honorable Court make the Rule to Show Cause absolute and grant Plaintiff s Motion to Reassess Damages. Phelan Hallinan & S ieg, LLP DATE: By: Mic le M. radford, Es ire Attorney for Plaintiff Exhibit "A" APR 14 20004 y JP MOF BEAR 'L TRUST V. RICKIE A.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA N CHASE BANK, AS TRUSTEE FOR Court of Common Pleas kRNS ASSET BACKED SECURITIES UES 2002-AC 1 Civil Division Plaintiff CUMBERLAND County No. 06-4892 CIVIL TERM (,OBINSON Defendant AND NC to show cai Damages. Rule Reh: RULE W, this dayof Aw,,- 2009, a Rule is entered upon the Defendant se why an Order should not be entered granting Plaintiff's Motion to Reassess nu the 2009, a 1. BY COURT J. Exhibit "B" ? I J F,y ? ED- ! t? I OF 2PP9 hoR 30 A?' E0. c 4 ''^•t?'? ? -??/?: ti',Z lei PHELAN LLINAN & SCHMIEG, LLP by: Michel M. Bradford, Esquire Atty. I.D. 0.69849 One Penn enter, Suite 1400 1617 John . Kennedy Boulevard Philadelnhi . PA 19103-1814 151563- *I' y 9? ATTORNEY FOR PLAINTIFF JP MORG N CHASE BANK, AS TRUSTEE FOR &,' fA Court of Common Pleas BEAR ST EARNS ASSET BACKED SECURITIES ?r Z,66, TRUSTSERIES 2002-AC I : ivision Plaintiff * CUMBERLAND County V. RICKIE A.I ROBINSON Defendant I to the RICKIE 867 MY DATE: No. 06-4892 CIVIL TERM CERTIFICATION OF SERVICE eby certify that a true and correct copy of the Court's April 17, 2009 Rule was sent ring individual on the:dat indicated below. ?!' R OWN ROAD S, PA 17324MrPhHa & Schmieg, LLP By: ford, Esquire Attorney for Plaintiff VERIFICATION M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that site is authorized to make this verification, and that the statements made in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information d belief. The undersigned understands that this statement herein is made subject to the sworn enalties of 18 Pa.C.S. 4904 relating to the unworn falsification of authorities. PhelanBallin & S ieg, LLP DATE: By: I AMA Mich a M. Bradford, Es re Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele 14. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, A 19103-1814 (11 s" sAz-70n JP MORGA CHASE BANK, AS TRUSTEE FOR BEAR STE RNS ASSET BACKED SECURITIES TRUST SE ES 2002-AC 1 Plaintiff V' RICKIE A. OBINSON Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-4892 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiff's Motion to Make Rule Absolute and Brief in Support thereof were served upon the following individuals on the date indicated below. RICKIE A. OBINSON 867 MYER TOWN ROAD GARDNER . PA 17324 DATE: helan Haallinan Schmieg, LLP By: Mich a M. Bradford, Es e Attorney for Plaintiff Flf -1 C: 1, OF T" ^Y NA Y 22 i! MAY 2 6 2009 4 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JP MORGAN CHASE BANK, AS TRUSTEE FOR Court of Common Pleas BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC 1 Civil Division Plaintiff V. RICKIE A. ROBINSON Defendant AND NOW, this I- q- day of CUMBERLAND County : No. 06-4892 CIVIL TERM ORDER "Al , 2009, upon consideration of Plaintiff's Motion to Make Rule Absolute, it is hereby ORDERED and DECREED, that the Rule entered upon Defendant shall be and is hereby made absolute; and Plaintiff's Motion to Reassess Damages in the above captained matter is hereby GRANTED. The Prothonotary is ordered to amend the judgment and the Sheriff is ordered to amend the writ nunc pro tunc as follows: Principal Balance $51,140.82 Interest Through June 10, 2009 $6,271.98 Per Diem $10.68 Late Charges $39.00 Legal fees $2,250.00 Cost of Suit and Title $1,646.00 Sheriffs Sale Costs $1,147.92 Property Inspections/ Property Preservation $178.95 Appraisal/Brokers Price Opinion $580.00 Mortgage Insurance Premium / Private Mortgage Insurance Non Sufficient Funds Charge Suspense/Misc. Credits Escrow Deficit TOTAL $90.00 $0.00 ($0.00) $1,975.80 $65,320.47 Plus interest from June 10, 2009 through the date of sale at six percent per annum. Note: The above figure is not a payoff quote. Sheriffs commission is not included in the above figure. BY THE COURT J. 139217 " i D & 5 ?s In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-4892 Civil Term JP Morgan Chase Bank, as Trustee for Bear Stearns, Asset Backed Securities, Trust Series 2002-AC 1 . Vs Rickie A. Robinson, a/k/a Rickie Robinson Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2009 at 0855 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: Rickie A. Robinson, a/k/a Rickie Robinson by making known unto Rickie A. Robinson, a/k/a Rickie Robinson, personally, at, 867 Myerstown Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2009 at 1112 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 Rickie A. Robinson, a/k/a Rickie Robinson, located at, 867 Myerstown Road, Gardners, Cumberland County Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Rickie A. Robinson, a/k/a Rickie Robinson, by regular mail to his last known address of 867 Myerstown Road, Gardners, PA 17324. This letter was mailed under the date of April 6, 2009 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriff's Costs: Docketing 30.00 Poundage 20.80 Posting Bills 15.00 Advertising 15.00 Prothonotary 2.00 Milage 19.80 Levy 15.00 Surcharge 20.00 Law Journal 485.00 Patriot News 382.99 Share of Bills Post Pone Sale 15.43 40.00 1061.02 So Answers, ir " R. TeBy OJIj 1 - Real Estate Coordinator F1L??-C??.LT ??Y OF 71= 1099 OCT 12 V11 I I : It I f .9.(ro C', ? 7a ySl JP MORGAN CHASE BANK, AS TRUSTEE FOR . BEAR STEARNS- ASSET BACKED SECURITIES CUMBERLAND COUNTY TRUST SERIES 2002-ACI Plaintiff, v. RICKIE A. ROBINSON A/K/A RICKIE ROBINSON Defendant(s). COURT OF COMMON PLEAS CIVIL DIVISION NO. 064892 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 JP MORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1, Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,867 MYERSTOWN ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKIE A. ROBINSON 867 MYERSTOWN ROAD A/K/A RICKIE ROBINSON GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name None Last Known Address (if address cannot be reasonably ascertained, please indicate) 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None . Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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 Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 867 NMRSTOWN ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 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.A. § 4904 relating to unworn falsification to authorities. 0 Janus 8 ,2009 ? J k j 4"" DATE DANIEL G. SC G, ESQUIRE Attorney for Plaintiff JP AIORGAN CHASE BANK, AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-ACI Plaintiff, V. RICKIE A. ROBINSON A/K/A RICKIE ROBINSON Defendant(s). CUMBERLAND COUNTY No. 06-4892 CIVIL TERM January 8, 2009 TO: RICKIE A. ROBINSON A/K/A RICKIE ROBINSON 867 MYERSTOWN ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLYENFORCEMENT OF A LIENAGAINST PROPERTY. ** Your house (real estate) at, 867 MYERSTOWN ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 10, 2009, at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of 5$ 9,847.07 obtained by JP MORGAN CHASE BAN AS TRUSTEE FOR BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1 (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much .you must pay, you may call: (215) 563-7000. 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 Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 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 (717) 240-6390. 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 of 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 the 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. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-4892 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, as Trustee for BEAR STEARNS ASSET BACKED SECURITIES TRUST SERIES 2002-AC1, PlaintitT (s) From RICKIE A. ROBINSON a/k/a RICKIE ROBINSON (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 $59.847.07 L.L. Interest from 3/08/07 to Date of Sale (per diem - $9.84) -- $8,127.84 and Costs Atty's Comm % Due Prothy $2.00 Atty Paid $1,351.42 Other Costs Plaintiff Paid Date: 1/09/09 (1h Curtis R. Lo , . ro on ary (Seal) By: REQUESTING PARTY: Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Deputy "--COPY FROM RECORD T ? , I wr® M10 get my hw so -4 am a GMft, ft. np, o2g?. Real Estate Sale # 02 On January 14, 2009 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton, Cumberland County, PA Known and numbered as 867 Myerstown Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 14, 2009 By: c? ?, 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 1, May 8, and May 15, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa Mane Coyne ditor SWORN TO AND SUBSCRIBED before me this day of May, 2009 01 (01? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 2 Writ No. 2006-4892 Civil JP Morgan Chase Bank, as Trustee for Bear Stearns, Asset Backed Securities, Trust Series 2002-AC1 VS. Rickie A. Robinson a/k/a Rickie Robinson Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of Pennsylvania, being more particularly bounded and described as follows, to wit: BEGINNING at a steel pin set on the northeasternmost dedicated right-of-way line of Myerstown Road (T 524), said pin marking the com- mon point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of sub vision with said dedi- cated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty-eight hundredths (269.58) feet measured along said northeas- termost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of- way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the herein- after mentioned plan of subdivision; thence departing from the northeas- temost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty-eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty-one (41) degrees forty-seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeasternmost dedicated right-of- way line of Myerstown Road, said pin marking the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Rickde Robinson, adult individual, by Deed from Lorri Lee French, adult individual and Joseph Roger French, dated 11/13/2001, recorded 11/20/2001, in Deed Book 249, page 1382. PREMISES BEING: 867 MYERS- TOWN ROAD, GARDNERS, PA 17324. DeArFT lUn An_AQ_n7CZo_nn7 The Patriot-News Co. 812 Mcirket.St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Z1J( Patr1*otjwXews 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 prini:ed 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 b,y 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: 04/24/09 05/01/09 05/08/09 . ....... Sworn to a s cribed before me'this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA 11"tarla? Seel Sherrie L Kutner. Notary Public City Of Hamsburg, Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notarbs Real Estate Sale No. 2 Writ No. 2006-4092 Civil Tarm JP Morgan Chase Bank, as Trustee for Bear Stearns, Asset Backed Securities, Trust Series 2002-ACI VS Rickle A. Robinson, aWs Rickle Robinson Attorney Daniel Schmleg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land situate in the Township of South Middleton, County of Cumberland and Commonwealth of PeQQydv8Nia, b6% more padculogy boon&d e b't?)lews, oo wit: BEGNNING at a steel pin set on the no imst dedicated right-of-way line of Myerstown Road (T 524), said pin marking the common point of adjoinder of Lots No. 3 and 4 on the hereinafter mentioned plan of subdivision with said dedicated right-of-way line, and being located for reference purposed only a distance of two hundred sixty-nine and fifty-eight hundredths (269.58) feet measured along said northeastermost dedicated right-of-way line of said roadway from lands now or formerly of Beatrice M. Prosser and the Cumberland/Adams County line; thence extending in and along the northeastermost dedicated right-of-way line of Myerstown Road, North forty-eight (48) degrees twelve (12) minutes forty (40) seconds West for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin at Lot No. 2 on the hereinafter mentioned plan of subdivision; thence departing from the northeastemost dedicated right-of-way line of Myerstown Road, and extending along Lot No. 2 the following two (2) courses and distances; (1) North forty-one (41) degrees forty-seven (47) minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pin; and (2) South forty- eight (48) degrees twelve (12) minutes forty (40) seconds East for a distance of one hundred twenty-five and zero hundredths (125.00) feet to a steel pin which marks the common point of adjoinder of Lots Nos. 2, 3, 4, and 5 on, the hereinafter mentioned plan of subdivision; thence extending along Lot No. 4 South forty- one (41) degrees forty-seven minutes twenty (20) seconds East for a distance of two hundred and zero hundredths (200.00) feet to a steel pins set on the northeastemmost dedicated right-of- way line of Myerstown Road, said On marking ,he place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Rickie Robinson, adult individual, by Deed from .orri Lee French, adult individual and Joseph Roger French, dated 11/13/2001, recorded 11/ 20/2001, in Deed Book 249, page 1382. PREMISES BEING: 867 MYERSTOWN ROAD, GARDNERS, PA 17324 PARCEL NO. 40-43-2759-027