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HomeMy WebLinkAbout06-6523UDREN LAW OFFICES, P.C. ATTORNEY FOR BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 0'8003-3620 856-669-5400 pleadings@udren.com The Bank of New York Trust :COURT OF COMMON PLEAS Company, N.A. as successor to :CIVIL DIVISION JPMorgan Chase Bank, N.A. as :Cumberland County PLAINTIFF Trustee 2711 North Haskell, Suite 900 Dallas, TX 75204-2915 Plaintiff V. Scott E. Carnathan ^/ NO.Olo Tina L . Carnathan 415 Appletree Road Camp Hill, PA 17011 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE YOU HAVE BEEN SUED IN COURT. If you wish to defend against, the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections t 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 r lief 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 D? 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 AB E TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defend?rse de estas demandas expuestas en las paginas siguientes, usted t ene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita en persona o con un abogado y entregar a la corte en forma escrita', sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medid s y puede continuar la demanda en contra suya sin previo avi o o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u o?ros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABO ADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAY EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCIO SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSE UIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the ?tated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, itlis not an admission of liability on your part. Also, upon your written request within the ? O day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 it I'I I he 1. Plaintiff is the Corporation designated as such in t it caption on a preceding page. If Plaintiff is an assignee the i is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known address is as'Ilset forth in the caption, and unless designated otherwise, is the ?eal owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant,(s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant (s) the sum appearing on said Mortgage, which Mortgage was executed and delivered to Plaintiff as security,for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 415 APPletree Road MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Cam COUNTY: Cumberland DATE EXECUTED: 06/27/03 DATE RECORDED: 07/11/03 BOOK: 1822 PAGE: 1321 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said Mortgage is in default because the required pa ents have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authoriz' d by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indica ted below; (b) by failing or refusing to pay other charges, if a ny, indicated below. 6. The following amounts are due on the said Mortgage a s of 10/27/06: $132,45, 0.87 Principal of debt due Unpaid Interest at 8.55% from 6/2/06 to 10/27/06 (the per them interest accruing on this debt is $31.03 and that sum should be added each day after 59 4 '.44 10/27/06) , 32; 5.00 Title Report Court Costs (anticipated, excluding 2 0.00 Sheriff's Sale costs) Escrow Overdraft/(Balance) The monthly escrow on this account hould i s $291.38 and that sum s be added on the first of each 0 month after 10/27/06) Late Charges (monthly late charge of $52.40 should be added in accordance with the terms of the note 2? g 60 each month after 10/27/06) . (1 1.55) Suspense Balance 1 Attorneys Fees (anticipated and actual l) i i f 6 6 94 2. pa nc pr to 5% o 4 $144 7.30 TOTAL , * This interest rate is subject to adjustment as more fulle r set forth in the Note and Mortgage. 7. The attorney's fee set forth above are in conformi ty with the mortgage documents and Pennsylvania law, and will be coll ected in the event of a third party purchaser at Sheriff's Sale. f the mortgage is reinstated prior to the sale, reasonable attor ney's fees will be charged in accordance with the reduction provisi ns of Act 6, if applicable. 8. The combined notice specified by the Pennsyl vania Homeowner's Emergency Mortgage Assistance Program, Act 91 o 1983 and Notice of Intention to Foreclose under Act 6 of 1974 ha been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the ate appearing on the copy attached hereto as Exhibit "A", and made art hereof, and defendant (s) have failed to proceed within the ime limits, or have been determined ineligible, or Plaintiff has.not been notified in a timely manner of Defendant(s) eligibility.'. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $144,487.30 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. Mark J. Udren, h5?,)uircn UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 F?.n.;. s ffAZW Descriation) lu, THAT PARCEL OF LAND IN BOROUGH OF CAMP HQ I., CUMBERLAND COUNTY' STATE OF PENNSYLVAP DESIGNAT BOil LY DESCRIBED IN DEED BOOK 258, PAGE 374, W# 01-20-1854-068, BEING KNOWN AND ILCERTAIN TRACT OR PARCEL OF LAND, WTIE TOE BUILDINGS AND IWROVEM 4TS THMION E ;ITN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARL 3O AND DESCRIBE D AS FOLLOWS, TO WIT: IS 340 3EG AT A POINT ON THE EASTERI-Y LIA1E OF APPLE TREE ROAD ROAD, WHICH PARKSIDE ROAD AND AF?'I71E DIVA pF 'NOR'THEASTERLY CORNER OF APPLE TREE ONED PLAN OF LOTS; LOTS NOS. 61 AND 62, ON THE THENCE ALONG TKE NEREINAFTF-R MENT1 EGREEs 11 myNuTES WEST, _ TO A POINT AT TE NORTH 14 D NOR =lY DI?DLINE OF APPLE TREE ROAD AND 63 ON S PLAN; THENCE ALONG SAID VIDINGEAST, LINE 65 FEE ?IG LINEBETWEEN LOTS NOS DEGREES 49 MINUTES EAST, 110 FEET TO A POINT; THENCE SOUTH 14 DEGREES 11 POINT AT THE DIVIDING LINE BETWEEN LOTS NOS 61 AND 62, AFORESAID, THENCE ALONG THE SAME SC DEGREES 49 MINUTES WEST, 1 I0 FEET TO A POINT, THE PLACE OF BEGINNING. BEIN LOT NO. 62 IN REVISED PLAN OF COUNTRY CLUB MANOR, SECTION "A", AS PREPARED BY W.H. WF REGISOMED PROFESSIONAL ENGINEER. UNDER DA AS IS. 19A5WWHICH PLAN OARS RECORDED IN TE BOOK #7, PAGE 36, ON JULY 2 !+ 1955, AND BEING KNOWN PARdL NUMBER: 01-20-1854-068 DEED (FROM BARBARA LUTZ AS SET pORTH IN DEED BOOK 258, PAGE 374 DATED 06/27/2003 AND 07111/2003, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. ,r Page 3 I AS AS ARDLY NG LINE r• R75 TO A TH 75 PLAT Homecomings Financial AGMAC Company September 05, 2006 0436145676 Scott E Camathan 415 Appletree Road Camp Hill, PA 17011 Re: Property Address: 415 Appletree Road Camp Hill, PA 17011 Certified Mail, Return Receipt Requested Loan Number: 0436145676 A default exists under the above referenced Mortgage/Deed of Trust loan agreement. The action required to cure the default is the payment of all sums due under the Mortgage/Deed of Trust loan agreement. As of the date of this letter the total amount due is $ 5.412.14 . That sum includes the$following: 4,998.60 3 payments totaling: $ 381.09 Late charges: $ 34.00 Other fees and/or costs $ 1.55 Unapplied Funds The total amount due shown above is subject to further increases for additional monthly payments, late charges, attorney the total amount due to cure this default, contactuseatd 800.799 9250te of this letter. To obtain an update of MONEY ORDER, OR CERTIFIED TO CURE THIS DEFAULT, SEND YOUR CASHIER'S CHECK, CHECK IN THE AMOUNT OF $ 5,412.14 BY October 05, 2006 TO THE FOLLOWING ADDRESS: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700 If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without further notice or demand, will accelerate the maturity date of the Note and declare all sums secured by the Mortgage/Deed of Trust to be immediately due and payable. The lender then intends to have the property sold at a public foreclosure sale. After acceleration, a curing of the default and reinstatement of the loan will be permitted up to the time of othe f Trusteloaby paying the past n agreement and bydcomplyinglwith all terms nf reinstatement then due under the Mortgage/Deed You have the right to bring a court action to assert the nonexistence of a default or any other defense that ma` exist to prevent acceleration and sale of the property. ?I YOU EWILLE BE USED O REFERRE OBTAINED FROMCOLLECT THIS REINEANDEAN TO N UOURMA ONATTEMPT TO HEE PURPOSE. Sincerely, Loan Counseling Department HLH *Homeownership counseling is available to you through the `Credit Counseling Resource Center' (CCRC), an alliance of consumer credit counseling agencies. The CCRC has been retained by Homecomings Financial to provide advice to you on credit issues, including how to reduce debt and improve cash flow management capabilities. You may contact them at 1.877.806.0775 for assistance at no cost to you, or may wish to contact a HUD-approved housing counseling agency by calling 1.800.569.4287 for further information. Homecomings Financial 2711 North Haskell Avenue Suite 900 Dallas, Texas 75204 800.206.2901 Homecomings.com EXHIBIT A ACT 91 NOTICE ACTION TO SAVE YOUR TAKE HOME FROM FORECLOSURE THIS NOTICE ASENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS OBTAINED FROM YOU WILL BE USED FOR THAT PURPOS. REFERRED' HEREIN IN AND AND about the nature of the default is provided in the attache a es. Notice explains how the program works. To see if w i~ Kq a ' can net vu „.u? DATE OF THIS NOTICE. Take this notice with you when You meet with the Counseling enc . OF TH {persons with impaired hearm can call (717) 780-1969). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, P ES FEC NOT DERECH A CON OBTENGA 'I ARA VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AG , CY) SIN CARGOS AL NUIvIERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POI. EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL P DE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDI of R SU HIPOTECA. Date: September 05, 2006 TO: Scott E Carnathan 415 Appletree Road Camp Hill, PA 17011 Premises: 415 Appletree Road Camp Hill, PA 17011 Re: Loan Number: 0436145676 FROM: Homecomings Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME I FORECLOSURE AND HELPYOU MAKE FUTURE MORTGAGE PAYMENTS ACT") YOU MAY BE HOMEOWNER'S R EMERGENCY MOR IF YOU ACT OF I1983T(THEPROVISIONS ASSITANCE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -- Under the Act, you are entitled to a temporary stay of fore on your mortgage for thirty (30) days from the date of this Notice. During that time, you must arrange and "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. W-F.TING MUST OCCUR WTfHIN THE NEXT 30 DAYS. IF YOU DO NOT,APi 1LYrFOR EAMEROC MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days afte the date of this meeting. The names addresses and telephone numbers of designated consumer credit couns ling agencies for the coup in which the r er is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons have trrth,land in this Notice (see following pages for specific information about the nature of your default.) If you are unable to resolve this problem with the lender, you have the right to apply for financial assistance fr the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a com feted Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications fdr the program and they will assist you in submitting a complete application to the Pennsylvania Housing Fiance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting ? LENDER CONTACT IN REGARDS TO PENNSYLVANIA HOUSING FINANCIAL ASSISTANCE d? HomeComings Financial Attn: Ryan Ramos 9350 Waxie Way Ste. 100 San Diego, CA. 92123 Fax: 858-514-5516 ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWARDED TO TE ABOVE REFERENCED ADDRESS. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO S FOORR IF YOOURDEO FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGA( ASSISTANCE WILL BE DENIED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finw Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclos proceedings will be pursued against you if you have met the time requirements set forth above. You will notified dircetly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION ONLY AND HOU D NOT E CONSTRUED AS N ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brinp- it up to date . NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located al 415 Appletree Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments from 07/02/06 to 09/02/06 totaling: $ 4,998.60 $ 381.09 Late Charges: $ 34.00 Other fees and/or costs (including NSF charges and property inspections): $ 1.55 LESS: Unapplied Funds: $ 5,412.14 TOTAL HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date 'this Notice BY PAYING THE TOTAL AMOUNT DUE TO THE LENDER, WHICH IS $ 5,412.14, PLUS ;ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30)DAY PERIOD. Payments must be made either b cash cashier's check certified check or money order made able and sent to: Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT; TO: 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700. IF YOU DO NOT CURE THE DEFAULT -If you do not cure the default within THIRTY (30) DAYS?of the date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means at the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to ay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mongagcu property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pal off the mortgage debt. If the lender refers your case to its attorney, but you cure the delinquency before the lende begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that wen actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay al reasonable attorney's fees actually incurred by the lender, even if they exceed $50.00. Any attorney's fees will b added to the amount you owe the lender, which may also include other reasonable costs. If you cure the defaul within the THIRTY 30 DAY period, you will not be required to a attorne 's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance an all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default withi ill have to cure ght the d the THIRTY (30) DAY period and foreclosure proceedings - Ql bef n,'qaou stYou may ldo lso by paving theetot the foreclosure sale and an other co-- cunncc?a+ W..= ••? ?• ----- b performing any other requirements under the morta e. Curing your default in the manner set forth in 1 Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheri Sale of the mortgaged property could be held would be approximately six (6) months from the date of Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amc needed to cure the default will increase the longer you wait. You may find out at any time exactly what required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership o mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's So lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may be able to sell or transfer your home to a buyer or transferee will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. HAD OCCURRE T.. (HOWEVER, YOU DON T HAVE HIS TO HAVE THE DOR YOU CURE THE DEFAUTLf RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE PROCEEDING DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THF, LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Loan Counseling Department Enclosure(s) List of Counseling Agencies Homecomings Financial A GMAC Company August 07, 2006 0436145676 Tina1, Carn all' an 417 Appletree Road Camp Hill, PA 17011 Re: Property Address: 415 Appletree Road Camp Hill, PA 17011 Certified Mail, Return Receipt Requested Loan Number: 0436145676 c the default exists under the above referenced s due under Mortgage/Deed Mortgage/Deed of Trust loan agreement. As of cure the default is the payment of all s date of this letter the total amount due is $ 4,861.86 . That sum includes the$follo712 in9: 3 payments totaling: $ 314.40 Late charges: .00 Other fees and/or costs $ $ 1 2525.44 Unapplied Funds subj ect mon The total amount due and/o othoer fees and co to wfurther hich may incrbecomeeases after the date of hisrle ter lTo charges, attorney fees, obtain an update of the total amount due to cure this default, contact us at 800.799.9250. ORDER, OR TO CURE THIS DEFAULT, $?? 86 BY September 06, 2006_ TOTS: FOLLOWINGCADDIRESb, YOUR CASR'S CHECK, CHECK IN THE AMOUNT OF - Homecomings Financial, P.O. Box 78426 Phoenix, AZ 85062-8426 OR OVERNIGHT TO: 1820 as AZ 85034-9700 Sky Harbor Circle South, Suite 100 Phoenix, If the default is not cured within thirty (30) days of the mailing of this letter, the lender, without fur er notice of or demand, will accelerate the maturity date of the Note and declare all sums secured by Mortgage/Deed of Trust to be immediately due and payable. The lender then intends to have the property sold at a public loan w permitte ur. ll be foreclosure sale. After acceleration, ler a> the uring paym ntst andnotherh sums hien due under the to the time of the e s aly paying Mortgage/Deed of Trust loan agreement and by complying with all terms of reinstatement. You have the right to bring a court action to assert the nonexistence of a default or any other defense that ma,. exist to prevent acceleration and sale of the property. FROMCYOUEW?EBE DUSED OR THAI THIS NOTICE IS NY NFOOURMAT ATTEMPT TO TO HEREIN AND ANY PURPOSE. Sincerely, HLH Loan Counseling Department "Homeownership counseling is available to you through the `Credit Counseling Resource Center' (CCRC), an alliance of consumer credit counseling agencies. The CCRC has been retained by Homecomings Financial to provide advice to you on credit issues, including how to 77 .806 reduce debt and improve cash flow management capabilities. Youmaycont act them .569at 8 287 for fu.0775 rther for assistance at no cost to you, or may wish to contact a HUD-approved housing counseling agency by calling 1.800 inf. Homecomings Financial Suite 900 Dallas, Texas 75204 2711 North Haskell Avenue 800.206.2901 Homecomings.com ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE THIS NOTICE IS SENT TO YOU IN AN AITBMP FROM YOCOLLECT U WILL BE USED FOR THAT PURPOSE. D HEREIN AND ANY INFORMATION OBTAINED lh?s 's an oulc?ui nature of the deult is r.-ded in the attached a es. about the fa Notice explains how the program works. To see if HEMAP can hel ou must N"' vviiii -- OF TH DATE OF THIS NOTICE. Take this notice with ou when ou meet with the Counseling A ene rills 1VVUw. ++ ° •° - Persons with im aired hearin can call (717) 780-186 This Notice contains important legal information. Counseling Agency may be able to help explain it. as may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA> P DE ESTA NOTIFI,CARCIONOOBTENGA VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO PRNANCE AGI P< TRADUCCION I1AMEDIATAMENTE LLAMANDA ESTA PGENCIS ER ESYLVA E PARR HOUSING SIN CARGOS AL NUMERO MENCIONADO ARRIBA PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL F SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDH\41R SU HIPOTECA. Date August 07, 2006 TO: Tina I, Carnathan 415 Appletree Road Camp Hill, PA 17011 Premises: 415 Appletree Road Camp Hill, PA 17011 If you have any questions, representatives at the Consumer You may also want to contact an attorney in your area. The k bar EL Re: Loan Number: 0436145676 FROM: Homecomings Financial HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM NTS YOU MAY BE ELIGIBLE FOR ruHEL ??L FUTURE MORTGAGE PAYME FORECLOSURE AND HELPYOU MAKE MORT IF YOU COMPLY WITH THE?PROVISIONS TU ? BE?MEIBWIEEF R EMERGENCY MORT ASSITANCE ACT OF 1983 ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE, A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. -- Un are entitl TEMPORARY STAY OF FORECIAmURthe Edate of this No cct, e.YDuring that timto a temporary stay of e, you must arrange ande on your mortgage for thirty (30) Y n counseling agencies YOU listed at FOthis Notice. R EMER( "face-to-face" meeting with one of the consumer credit MORTGAGE UP TO DATE. cons umer the couns CONSUMER CREDIT COUNSELING AGENCIEtake action against youefor thirty (30cre ) flays afte ?ling agencies listed at the end of this notice, the lender may NOT and consum des; bers nece :liary coun date of this meeting. The names, theadro?reS is locat d aroe set forth at the end of this Not credt isdit agencies the coup m jy_which to schedule one face-to-face meeting. Advise your lender im_ ediately of your intentions. set forth? APPLICATION FOR MORTGAGE GE specs fSTANrmati-- Your on about the nature of your default) If you have tr e 1 and assistance from the cial in this Notice (see follows g pages ly for are unable to resolve this problem with the Proyamh To do sogyon must fill out sngn and file a com,leted Homeowner's Emergency Mortgage Assistance ? Homeowner's Emergency Assistance Program Application with one of the designated consumer credit coup elmg cati agencies listed at the end s this you Only consumer a complete plplicatil nllto theagencPies apHou ingsFi a ce program and they will assist yo Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting HomeComings Financial Attn: Ryan Ramos 9350 Waxie Way Ste. 100 San Diego, CA. 92123 Fax: 858-514-5516 DO Till ALL CORRESPONDENCE REGARDING PHFA ASSISTANCE SHOULD BE FORWAIF YOU RDED ABOVE REFERENCED ADDRESS. ION YOU MUST FILE YOUR APPLICpEOD PROMPTLY EORT- IF YOU FAIL TO DO Ii IN THIS LETTER SO OR FORECLOSURE MA FOLLOW THE OTHER TIME PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAG ASSISTANCE WILL BE DENIED. Available funds for emergency mortgage assistance are very limited. They will by the Act, Te Pennsylv AGENCY ACTION -- disbursed by the Agency under the eligibilitoyn after it receilveso your application. During that meono foreclose ve You will Agency has sixty days to make a decision set f you have met hof its deeis ouir n on your application. proceedings will be e pursued against you i notified directly by the Pennsylvania Housing Finance Agency FILING OF A PETITION NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE NOTICE IS FOR BANKRUPTCY, THE FOLLOWING AS ANS ATTEMPT TO COL LEC?'T THE DEBT?O` ONLY AND SHOULD NOT BE CONSTRUED (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located 415 Appletree Road, Camp Hill, PA 17011 IS SERIOUSLY IN DEFAULT because: MADE MONTHLY MORTGAGE PAYMENTS for the following YOU HAVE NOT months and the following amounts are now past due: $ 4,712.90 Monthly payments from 06/02/06 to 08/02/06 totaling: $ 314.40 Late Charges: $ 25.00 Other fees and/or costs (including NSF charges and property inspections): $ 190.44 LESS: Unapplied Funds: $ 4,861.86 TOTAL DEFAULT -You may cure the default within THIRTY (30) DAYS of the date f this ,.86. ANY HOW TO CURE THE THE TOTAL AMOUNT DUE TO THE LENDER, WIIICH IS $ 4 8-PLU MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30 DAY Notice M PERIOD. BTGY Pa PAY IN menu G must be made either b cash cashier's check certified check or mon order made a able 85062-8426 OR OVERNIG TO: and sent to: to: Homecomings Financial, P.O. Box 78426 Phoenix, 1820 East Sky Harbor Circle South, Suite 100 Phoenix, AZ 85034-9700. Y DAY I of the IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRT I'll that DAY of this Notice, the lender intends to ezer cions?dered due immediately and you maydlobe thehchance to pay to entire outstanding balance of this debt will be mortgage in monthly installments. If full payment of the total amount past due is not made within THIR DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged lender property. - The mortgaged ropey IF THE MORTGAGE I5 FORECLOSED ?O? to is attorney, but you cur `theldebe sold by the linquency before Sheriff off the mortgage debt. If the lender refers your begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were are aga started , You will h actually incurred, up to $50.00. However, if lega;ender?even if they exceed $SOSOO.o Any attorneyas fees wpay ill b reasonable attorney's fees actually incurred by the costs added to the amount you owe the lender, uhw? will not be re aired to a rattornele s fees. If you cure the defa ao include other within the THIRTY 30 DAY eriol • O 'HER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance ar ured th all other sums due under the mortgage. RIGH THE DEFAULoT?RIOR TO SHERIFF'S SALE - If you have not ce default with osO roceed- gs have begun, ou still have the ri ht to cure the defai T TO CURE the to the THIRTY (30) DAY period and f P rte w _ hn„r before the Sheriffs Sale You may do so bV paying saiau - amount then ast due lux an late or other c the foreclosure sale and an other costs connected with the Sheriff's Sale as cified in writin e by e1 formi? any other requirements under the mortgage. Curing your default in the manner set forth in t er defaulted. will restore your mortgage to the same pos.t?.n as if you had nev a Sher EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date e that such date of i Sale of the mortgaged property could be held would be approximately six (6) f course, am( Notice. A notice of the actual date ote Sheriffs o S Y° waitbe sl,?u may be drouh at any tOime exactlyl what needed to cure the default will increase required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Homecomings Financial 2711 N. Haskell, Suite 900 Dallas, TX 75204 Attn: Loan Counseling Department Phone: 1.800.206.2901 EFFECT OF THE SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership mortgaged property and your right 1 hin occpy it. if you continue to live in the property after the s and other belongings could be started by the lender at any time. lawsuit to remove you and your furnishing ASSUMPTION OF MORTGAGE -ed that al able to sell or transfer your home to a buyer o payments, charges and attorney's feesf an will assume the mortgage debt, provid are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY FROM O BTNOTHER LENDIONGANSOfITUT10N 1O PRTGAGE AY OF DEBT HIS OR TO BORROW MO the who costs DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE THE RESTORED TSAME POSITION AS IF NO DEFAULT O YOU DO NOT HAVE HIS HAD OCCURRED, IF YOU CURE RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONE)USTENCE OF OTHER LAWSUIT INSTITUTE TD i NDER THE MORTGAGE PROCEEDING OR A DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Loan Counseling Department Enclosure(s) List of Counseling Agencies V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so becausl? of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because hellhas personal knowledge of some of the facts averred in the foregling pleading; and that the statements made in the foregoing pleading I, are true and correct to the best of his knowledge, information! and of his information is public recordslll and belief and the source ' reports of Plaintiff's agents. The undersigned understands that 18 this statement herein is made subject to the penalties of Pa.C.S. Section 4904 relating t authorities. i a CASE N0: 2006-06523 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS CARNATHAN SCOTT E ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -- MORT FORE was served upon CARNATHAN SCOTT E the DEFENDANT , at 1945:00 HOURS, on the 16th day of November , 2006 at 415 APPLETREE ROAD CAMP HILL, PA 17011 SCOTT CARNATHAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit. . 00 • Surcharge 10.00 R. Thomas Kline .00 41.20-" 00/00/0000 41- /,a (0 L, ( 0(, Sworn and Subscibed to By: before me this day of A. D. It % CASE NO: 2006-06523 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS CARNATHAN SCOTT E ET AL KENNETH E GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARNATHAN TINA L the DEFENDANT , at 1945:00 HOURS, on the 16th day of November , 2006 at 415 APPLETREE ROAD CAMP HILL, PA 17011 by handing to grnTT rARNATHAN HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00.;/'00/00/0000 Sworn and Subscibed to By: before me this day of , A. D. UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., NA as successor to JPMorgan Chase Bank, NA as Trustee 2711 North Haskell, Suite 900 Dallas, TX 75204-2915 Plaintiff V. Scott E. Carnathan Tina L. Carnathan 415 Appletree Road Camp Hill, PA 17011 Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County MORTGAGE FORECLOSURE NO. 2006-06523 PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant (s) Scott E. Carnathan and Tina L. Carnathan for failure to file an Answer to Plaintiff's Complaint within 20 days from service thereof and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Complaint $144,487.30 Interest Per Complaint 1,737.68 From 10/28/06 to 12/22/06 Late charges per Complaint 104.80 From 10/28/06 to 12/22/06 Escrow payment per Complaint 582.76 From 10/28/06 to 12/22/06 TOTAL $146,912.54 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that notice has beep' given in accordance with Rule 237.1, a gopy of which is attached hereto. LAW OFFXCES\ P.C. DAMAGES ARE HEREBY ASSESSED AS DATE : _.IJ£c- -2L 2 60C- arK j----oaren, EsQuiR-js ttorney for Plaintiff INDI ATED PRO TH UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee Plaintiff V. Scott E. Carnathan Tina L. Carnathan Defendant(s) TO: Scott E. Carnathan 415 Appletree Road Camp Hill, PA 17011 DATE of Notice: December 11, 2006 IMPORTANT NOTICE COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 2006-06523 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE: PURSUANT TO THE FAI DEBT COLLECTION PRACTICES ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECCT'?R AND THIS/?O AN ATTEMPT O COLLECT A DEBT. ANY INFORMATION OBTAINED WILL 4 UAED FORp,TVURPOSE . odcrest Corporate Center ]ill Woodcrest Road, Suite 200 1 Cher Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003 856-669-5400 The Bank of New York Trust Company, N.A. as successor to JPMorgan Chase Bank, N.A. as Trustee Plaintiff V. Scott E. Carnathan Tina L. Carnathan Defendant(s) TO: Tina L. Carnathan 415 Appletree Road Camp Hill, PA 17011 DATE of Notice: December 11, 2006 IMPORTANT NOTICE COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 2006-06523 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS.YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE 0 ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 / 800-990-9108 NOTICE: PURSUANT TO THE FAIR BT COLLECTION PRACTIC ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECT R THIS AN ATTEM TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL US FTs T PURPOSE. Mar ren, squire odcrest Corporate Center 11 Woodcrest Road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., :COURT OF COMMON PLEAS NA as successor to JPMorgan :CIVIL DIVISION Chase Bank, NA as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Scott E. Carnathan Tina L. Carnathan Defendant(s) :NO. 2006-06523 AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY SS COUNTY OF CAMDEN THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Scott E. Carnathan Age: Over 18 Residence: As captioned above Employment: Unknown Defendant: Tina L. Carnathan Age: Over 18 Residence: As captioned abov Employment: Unknown Nam MARK J. UDREN, ESQ. Tit e: ATTORNEY FOR PLAINTIFF Sworn to and subscribed Com any: UDREN LAW OFFICES, P.C. before me thi s 22nd day of December, O 006. n T\_A 2 y is SHERIFF'S RETURN - REGULAR CASE NO: 2006-06523 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS CARNATHAN SCOTT E ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARNATHAN SCOTT E the DEFENDANT , at 1945:00 HOURS, on the 16th day of November , 2006 at 415 APPLETREE ROAD CAMP HILL, PA 17011 SCOTT CARNATHAN by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.20 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 41.20 00/00/0000 Sworn and Subscibed to By: before me this day of A.D. CASE NO: 2006-06523 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK TRUST COMPANY VS CARNATHAN SCOTT E ET AL KENNETH E GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon CARNATHAN TINA L the DEFENDANT , at 1945:00 HOURS, on the 16th day of November-, 2006 at 415 APPLETREE ROAD CAMP HILL, PA 17011 by handing to SCOTT CARNATHAN HUSBAND a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing Service 6.00 .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 00/00/0000 Sworn and Subscibed to By: before me this day of A.D. W- ILJ oft- G c f? tMl r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., :COURT OF COMMON PLEAS NA as successor to JPMorgan :CIVIL DIVISION Chase Bank, NA as Trustee -Cumberland County Plaintiff V. -MORTGAGE FORECLOSURE Scott E. Carnathan -NO. 2006-06523 Tina L. Carnathan Defendant(s) To: Scott E. Carnathan 415 Appletree Road Camp Hill, PA 17011 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession ???L??D(P Judgment on Award of Arbitration Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., ;COURT OF COMMON PLEAS NA as successor to JPMorgan :CIVIL DIVISION Chase Bank, NA as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Scott E. Carnathan Tina L. Carnathan :NO. 2006-06523 Defendant(s) To: Tina L. Carnathan 415 Appletree Road Camp Hill, PA 17011 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession/Z4 Judgment on Award of Arbitration l Judgment on Verdict Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., :COURT OF COMMON PLEAS NA as successor to JPMorgan :CIVIL DIVISION Chase Bank, NA as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Scott E. Carnathan :NO. 2006-06523 Tina L. Carnathan Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $146,912.54 Interest From 12/23/06 5,368.19 to Date of Sale 6/13/07 Ongoing Per Diem of 31.03 to actual date of sale including if sale is held at a later date (Costs to be added) $ LAW OFFICES, P.C. ARORNEI" ?OFP' LAINTIFF "-L f? f G? t WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6523 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST CO., NA AS SUCCESSOR TO JPMORGAN CHASE BANK, NA AS TRUSTEE, Plaintiff (s) From SCOTT E. CARNATHAN AND TINA L. CARNATHAN (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 $146,912.54 L.L. $.50 Interest FROM 12/23/06 TO DATE OF SALE 6/13/07 - ONGOING PER DIEM OF $31.03 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,368.19 Atty's Comm % Atty Paid $139.20 Plaintiff Paid Date: DECEMBER 26, 2006 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Due Prothy $1.00 Other Costs Deputy Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., : COURT OF COMMON PLEAS NA as successor to JPMorgan ; CIVIL DIVISION Chase Bank, NA as Trustee : Cumberland County Plaintiff V. : MORTGAGE FORECLOSURE Scott E. Carnathan : NO. 2006-06523 Tina L. Carnathan De f endant (s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is: ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES,A.C. Mirk J. Udren, ESQUIRE ATTORNEY FOR PLAINTIFF C71 -i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., ;COURT OF COMMON PLEAS NA as successor to JPMorgan :CIVIL DIVISION Chase Bank, NA as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Scott E. Carnathan €:NO. 2006-06523 Tina L. Carnathan Defendant(s) The Bank of NY NA as Trustee, Mark J. Udren, the Writ of Ex, concerning the Hill, PA 17011 AFFIDAVIT PURSUANT TO RULE 3129.1 Trust Co., NA as Plaintiff in the ESQ., sets forth ecution was filed real property to successor to JPMorgan Chase Bank, above action, by its attorney, as of the date the Praecipe for the following information gated at: 415 Appletree Road, Camp 1. Name and address of Owner(s) or reputed Owner(s): Name Address Scott E. Carnathan Tina L. Carnathan 415 Appletree Road Camp Hill, PA 17011 415 Appletree Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address a record lien on th Name none 4. Name and address of record: Name of every judgment creditor whose judgment is e real property to be sold: Address of the last recorded holder of every mortgage Address The Bank of New York Trust 2711 North Haskell, Suite 900 Co., NA as successor to Dallas, TX 75204-2915 JPMorgan Chase Bank NA as Trustee c _ 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 415 Appletree Road Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating,to unsworn falsification to authorities. LAW OFFICES, P. DATED: December 22, 2006 Urk J.Wren, ESQ. Attorney for Plaintiff ' _ ?_.? : f -_ .-d ? ?' ~ i ?' (`?? ?s lS _ t =' ` F v ^'? " :. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., :COURT OF COMMON PLEAS NA as successor to JPMorgan :CIVIL DIVISION Chase Bank, NA as Trustee ::Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Scott E. Carnathan NO. 2006-06523 Tina L. Carnathan Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott E. Carnathan 415 Appletree Road Camp Hill, PA 17011 Your house (real estate) at 415 Appletree Road, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $146,912.54, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust Co., :COURT OF COMMON PLEAS NA as successor to JPMorgan :CIVIL DIVISION Chase Bank, NA as Trustee :Cumberland County Plaintiff V. :MORTGAGE FORECLOSURE Scott E. Carnathan NO. 2006-06523 Tina L. Carnathan Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Tina L. Carnathan 415 Appletree Road Camp Hill, PA 17011 Your house (real estate) at 415 Appletree Road, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $146,912.54, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ?--, r•a `?.? c?? , { `??' '? ?_ ?., -= +? r-? ,?; ?i c? z The Bank of New York Trust Co., NA as Successor to JP Morgan Chase Bank, NA As Trustee VS Scott E. Carnathan and Tina L. Carnathan In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6523 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Mark Udren. Sheriff s Costs: Docketing 30.00 Poundage 3,168.90 Advertising 15.00 Posting Handbills 15.00 Mileage 28.80 Levy 15.00 Surcharge 30.00 Law Library .50 Prothonotary 1.00 Share of Bills 16.17 Law Journal 449.00 Patriot News 466.01 $4,235.38 So Answers: R. Thomas Kline, Sheriff B fl Real Esta ergeant v balnq'G7_ J, ?A 5 ?? ?, t-t2 L (3 r ' UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 ATTORNEY FOR PLAINTIFF The Bank of New York Trust NA as successor to JPMorgan Chase Bank, NA as Trustee Plaintiff V. Scott E. Carnathan Tina L. Carnathan Defendant(s) The Bank of NY NA as Trustee, Mark J. Udren, the Writ of Ex concerning the Hill, PA 17011 MORTGAGE FORECLOSURE NO. 2006-06523 AFFIDAVIT PURSUANT TO RULE 3129.1 Trust Co., NA as Plaintiff in the ESQ., sets forth ecution was filed real property lo, successor to JPMorgan Chase Bank, above action, by its attorney, as of the date the Praecipe for the following information gated at: 415 Appletree Road, Camp 1. Name and address of Owner(s) or reputed Owner(s): Name Address Scott E. Carnathan Tina L. Carnathan Co., `COURT OF COMMON PLEAS ?CIVIL DIVISION ;Cumberland County 415 Appletree Road Camp Hill, PA 17011 415 Appletree Road Camp Hill, PA 17011 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of the last recorded holder of every mortgage of record: Name Address The Bank of New York Trust 2711 North Haskell, Suite 900 Co., NA as successor to Dallas, TX 75204-2915 JPMorgan Chase Bank NA as Trustee 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 415 Appletree Road Camp Hill, PA 17011 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating,to unsworn falsification to authorities. LAW OFFICES, P. DATED: December 22, 2006 trk JN11etren, ESQ. Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust NA as successor to JPMorga Chase Bank, NA as Trustee Plaintiff V. Scott E. Carnathan Tina L. Carnathan Defendant(s) MORTGAGE FORECLOSURE NO. 2006-06523 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Scott E. Carnathan 415 Appletree Road Camp Hill, PA 17011 Your house (real estate) at 415 Appletree Road, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $146,912.54, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ATTORNEY FOR PLAINTIFF Co., :COURT OF COMMON PLEAS n :CIVIL DIVISION .Cumberland County 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust NA as successor to JPMorgan Chase Bank, NA as Trustee Plaintiff V. Scott E. Carnathan Tina L. Carnathan Defendant(s) MORTGAGE FORECLOSURE NO. 2006-06523 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Tina L. Carnathan 415 Appletree Road Camp Hill, PA 17011 Your house (real estate) at 415 Appletree Road, Camp Hill, PA 17011 is scheduled to be sold at the Sheriff's Sale on June 13, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $146,912.54, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. ATTORNEY FOR PLAINTIFF Co., _COURT OF COMMON PLEAS :CIVIL DIVISION .Cumberland County 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669- 5400. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 T PARCEL OF LAND IN BOROUGH OF CAMP HILL., CUMBERLAND COUNTY, STATE OF PENNSYLVANIA, AS ILLY DESCRIBED IN DEED BOOK 258, PAGE 374, MW 01-20-1854.468 BEING KNOWN AND DESIGNATED AS T CERTAIN TRACT OR PARCEL OF LAND, WTTFI THE BUILDINGS AND IMPROVEMENTS THEREON ERECTED, IN THE BOROUGH OF CAMP HILL, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY D AND DESCRIBED AS FOLLOWS, TO WIT: BEG #7G AT A POINT' ON THE EASTERLY LINE OF APPLE TREE ROAD, WHICH POINT IS 340 FEET NORTRWARDLY OF . -NORTHEASTERLY CORNER OF APPLE TREE ROAD AND PARKSIDE ROAD AND AT THE DIVIDING LINE BETWEEK LOTS NOS. 61 AND 62, ON THE IIERBINAFTER MENTIONED PLAN OF LOTS; THENCE ALONG THE r EASIIbRLY LINE OF APPLE TREE ROAD, NORTH 14 DEGREES 11 MINUTES WEST, 65 FEET TO A POINT AT THE DWMiNO LINE BETWEEN LOTS NOS. 62 AND 63 ON SAID PLAN; THENCE ALONG SAID DPIDING LINE NORTH 75 DEGREES 49 MINUTES EAST, 110 FEET TO A POINT; TMINCE SOUTH 14 DEGREES 11 MINUTI•ES EAST, 65 FEET TO A POINT. AT THE DIVi17ING LINE BETWEEN' LOTS NOS 61 AND 62, AFORESAID, THENCE ALONG THE SAME SOUTH 75 DEGREES 49 MINUTES WEST, 110 FEET TO A POINT, THE PLACE OF BEGINNING. BEIN LOT NO. 62 IN REVISED PLAN OF COUNTRY CLUB MANOR, SECTION "A", AS PREPARED BY W.B. WHITtOCK, REGIS PROFESSIONAL ENGINEE% UNDER DATE OF JULY 18. 1955, WHICH PLAN IS RECORDED IN THE PLAT BOOK #7, PAGE 36, ON JULY 2 1, 1955, AND BEING KNOWN AS NO.415 APPLE TREE ROAD. PARCIjL. NUMBER; 01-20-1854-068 DEED FROM BARBARA LUTZ AS SET FORT14 IN DEED BOOK 258, PAGE 374 DATED 06!2712003 AND RECORDED 0711112003, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. BEING KNOWN AS: 415 APPLETREE ROAD, CAMP HILL, PA 17011 PROPERTY ID NO.: 01-20-1854-068 TITLE TO SAID PREMISES IS VESTED IN SCOTT E. CARNATHAN AND TINA L. CARNATHAN, HUSBAND AND WIFE BY DEED FROM BARBARA LUTZ DATED 06/27/03 RECORDED 07/11/03 IN DEED BOOK 258 PAGE 374. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6523 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK TRUST CO., NA AS SUCCESSOR TO JPMORGAN CHASE BANK, NA AS TRUSTEE, Plaintiff (s) From SCOTT E. CARNATHAN AND TINA L. CARNATHAN (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 $146,912.54 L.L. $.50 Interest FROM 12/23/06 TO DATE OF SALE 6/13/07 - ONGOING PER DIEM OF $31.03 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $5,368.19 Atty's Comm % Atty Paid $139.20 Plaintiff Paid Date: DECEMBER 26, 2006 (Seal) Due Prothy $1.00 Other Costs Curtis R. Long, Prothonotary REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Deputy Supreme Court ID No. 04302 Real Estate Sale # 44 On February 15, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Camp Hill Borough, Cumberland County, PA Known and numbered as 415 Appletree Rd.,i1 Camp Hill, more fully described on Exhibit "A" filed with this writ and by thisreference incorporated herein. Date; February 15, 2007 Real Es a Sergeant BE :11 V 6- NV L(1Ol 4p I - - 11? THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Shannon D. Billhime, being duly sworn according to law, deposes and says: That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of April and the 2nd day(s) of May 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY SALE#44 ?l I .... .... ...i'" ..................... Sworn to and subscribed before me this 18th day of May 2007 A.D. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Terry L. Russell, Notary Public Of Harrisburg, Dauphin County Commiss Expires June 6, 2010 Me er Pann A , nip .4ss c anion of Notaries Y PUBLIC CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 20, 27 & May 4, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 44 Writ No. 2006-6523 Civil The Bank of New York Trust Company, NA, as successor to JP Morgan Chase Bank, NA, as Trustee vs. Scott E. Carnathan and Tina L. Carnathan Atty.: Mark Udren ALL that parcel of land in Bor- ough of Camp Hill, Cumberland County, State of Pennsylvania, as more fully described in Deed Book 258, Page 374, ID* 01-20-1854- 068, being known and designated as _.-.,,/,?j T THAT (?FRTAiTT tr•-nt nr r+ar a Marie Coyne, itor SWORN TO AND SUBSCRIBED before me this 4 day of MU, 2007 L(!i? c ryk i ?nr, UAL C, y UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 The Bank of New York Trust :COURT OF COMMON PLEAS Co., NA as successor to ;CIVIL DIVISION JPMorgan Chase Bank, NA as `-Cumberland County Trustee 2711 North Haskell, Suite 900 Dallas, TX 75204-2915 NO. 2006-06523 Plaintiff V. Scott E. Carnathan Tina L. Carnathan 415 Appletree Road Camp Hill, PA 17011 Defendant(s) PRAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED AND SATISFY JUDGMENT TO THE PROTHONOTARY: Kindly mark the above captioned matter SETTLED, DISCONTINUED AND ENDED AND JUDGMENT SATISFIED, upon payment of your costs only. L--?V? Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. Attorney for Plaintiff DATED: July 16, 2007 AA- L C5 K=" 4