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HomeMy WebLinkAbout06-6738In the Court of Common Pleas of Cumberland County JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. DONALD LEE GALLOWAY (Mortgagor(s) and Record Owner(s)) 150 W. Penn Street Carlisle, PA 17013 Defendant(s) PRAECIPE FOR JUDGMENT No. 06-6738 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WII.L BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Answer. Enter the Judgment in favor of Plaintiff and against DONALD LEE GALLOWAY by default for want of an Assess damages as follows: $33,250.46 Debt Interest from 02/21/07 to Date of Sale Total (Assessment of Damages attached) I CERTIFY THAT FOREGOING ASSESSMENT OF DAMAGES IS FOR SPEC AMOUNTS ALLEGED TO BE DUE IN THE COMPLAINT AND IS CALCULABLE AS A SUM CERT FRO THE COMPLAINT. I certify that written notice of the intention to file this praecipe was mailed or deliv ed to a party against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and a least en days prior to the date of the filing of this praecipe. A copy of the notice is attached. R.C.P. 237.1 ~ Joseph A. G Attorney fog I.D. #16132 AND NOW /r~h~ oZ_ , ~. (jQ ? Ju ent is entered in favor of JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR 5TEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 and against DONALD LEE GALLOWAY by default for want of an Answer and damages assessed in the sum of $33,250.46 as per the above certification. Pro onotary Rule of Civil Procedure No. 236 -Revised IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 7PMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff No. 06-6738 vs. DONALD LEE GALLOWAY (Mortgagors and Record Owner(s)) 150 W. Penn Street Carlisle, PA 17013 Defendant(s) THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. NOTICE Notice is given that a judgment in the above-captioned matter has been entered against you. Curt Long Prothonotary By: If you have any questions concerning the above, please contact: Joseph A. Goldbeck, Jr. Goldbeck McCafferty & McKeever Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 EMC-1412 THIS LAW FIRM I5 A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. TO: DONALD LEE GALLOWAY 150 West Penn Street Carlisle, PA 17013 JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. DONALD LEE GALLOWAY (Mortgagor(s) and Record Owner(s)) 150 W. Penn Street Carlisle, PA 17013 Defendants} TO: DONALD LEE GALLOWAY 150 West Penn Street Carlisle, PA 17013 DATE OF THIS NOTICE: February 9, 2007 In the Court of Common Pleas of Cumberland County CIVIL ACTION -LAW Action of Mortgage Foreclosure Term No. 06-6738 jMPnRTANT NnTI('F. 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 (10) 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 IlviPORTANT 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 .~ase~ah..,~._..(~~rff~ec~r GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Suite 5000 - 701 Market Street. Philadelphia, PA 19106 215-825-6318 VERIFICATION OF NON-MILITARY SERVICE The undersigned, as the representative for the Plaintiff corporation within named do hereby verify that I am authorized to make this verification on behalf of the Plaintiff corporation and that the facts set forth in the foregoing verification of Non-Military Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. 1. That the above named Defendant, DONALD LEE GALLOWAY, is about unknown years of age, that Defendant's last known residence is 150 West Penn Street, Carlisle, PA 17013, and is engaged in the unknown business located at unknown address. 2. That Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldier. f Congress of 1940 and its A Date: GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 1910b 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. DONALD LEE GALLOWAY (Mortgagor(s) and Record owners}) 150 W. Penn Street Carlisle, PA 17013 Defendant(s) IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION LAW ACTION OF MORTGAGE FORECLOSURE No. 06-6738 ORDER FOR JUDGMENT Please enter Judgment in favor of JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, and against DONALD LEE C WAY for failure to file an Answer in the above action within (20) days (or sixty (60) days if defendant s the U 'ted States of America) from the date of service of the Complaint, in the sum of $33,250.46. Joseph A. Goldbeck, Attorney for Plaintiff I hereby certify that the above names are correct and that the precise r sid c address of the judgment creditor is JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE C RTIF TE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BA D TIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 and that the e s d last known address(es) of the Defendant(s) islare DONALD LEE GALLOWAY, 150 West Penn Str t Carl sle/I~A 17013; GOLDBECK McC ER McKEEVER BY: Joseph A. Gol eck, Jr. Attorney for Plaint' ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly assess the damages in this case to be as follows: Principal Balance $27,606.35 Interest from 06!01/2006 through $1,653.60 02/20/2007 Reasonable Attorney's Fee $2,000.00 Late Charges $116.79 Costs of Suit and Title Search $900.00 Escrow $946.72 Fees $27.00 t $33,250.46 GOLDBEC McC FERTY & McKEEVER BY: Josep A. Gold ck, Jr. Attorney r Plaintiff AND NOW, this~'`~~day of 2007 damages are assessed as above. Pro othy (~ 1~ V }~. 1'1'` ~ O, V ~. 1 ~ ~' ~ r --3 `_ - (\ ~ 'T{ ~'Cl ~, _. - _ ~z _ `-~ ~ ~~~ ~ _~.-~ t...~ ~.: -,~ 7 .~N os zom ~'~ JPMORGAI~I CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hiddcn Ridge Drive Suite 200 Irving, TX 75038 vs. DONALD LEE GALLOWAY 150 W. Penn Street Carlisle, PA 17013 1N THE COURT OF COMMON PLEAS OF Cumberland COUNTY 06-b738 ORDER -~-~, AND NOW, this s day of~/~•'~!'~/. 200 ,upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(x) and it appearing to the Court that Plaintiffs good faith efforts to ascertain the present whereabouts of Defendant, Donald Lee Calloway, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriff andlor Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Donald Lee Calloway, by posting a copy of the Complaint upon the premises 150 W. Penn Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaint by certified and regular mail to the Defendant s last known address at 150 .Penn Street, Cazlisle PA, 170 3, a al w-~`` >~. c..~ P ons es m is erne e o - - e to a en s as own a by Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 vs. DONALD LEE GALLOWAY (Mortgagor(s) and Record Owner(s)) 150 W. Penn Street Carlisle, PA 17013 Plaintiff Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-6738 JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED 5ECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 150 W. Penn Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): DONALD LEE GALLOWAY 150 West Penn Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: DONALD LEE GALLOWAY 150 West Penn Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS of Cumberland County CNII, ACTION -LAW ACTION OF MORTGAGE FORECLOSURE PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 1 P.O. Box 2675 Harrisburg, PA 17105-2675 JP MORGAN CHASE BANK, N.A. 909 Hidden Ridge Dr. Ste 200 Irving, TX ?5038 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. TENANTS/OCCUPANTS 150 West Penn Street Carlisle, PA 17013 CONSUELO A. CROWDER AWAITING ADDRESS (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct t the bes of my personal knowledge or information and belief. I understand that false statements herein are made subj t to the enalties of 1$ Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February, 20, 2007 GOLDBECK & McKEEVER BY: Joseph A. oldbeck, r., Esq. Attorney for aintiff ~~ r~ ~ -n ` --' .--~ .; ; ~-~' i „' e" ~? s --{'] C 14 ~ A ~ya [~~ a ~~ T. ~ e ~ ~~ 06-673 8 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUS' 200b-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. DONALD LEE GALLOWAY Mortgagor(s) and Record Owner(s) 150 W. Penn Street Carlisle, PA 17013 Defendant(s) Term No. 06-6738 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GALLOWAY, DONALD LEE DONALD LEE GALLOWAY 1 SO West Penn Street Carlisle, PA 17013 Your house at 150 W. Penn Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $33,250.46 obtained by JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE To prevent this Sheriffs Sale you must take immediate action: 06-673 8 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out haw much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 the Sheriff of 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 a 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC S Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 M 06-6738 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention n,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and%or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of EMC-1412. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. c~:~. -~~ >:~ t tv r_:. ~~ ~;:. c.. ~~- CSI L .~ rim -~~, - ; ~. :~ , , r _u;.,- ~,7 --C WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-6738 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, Plaintiff (s) From DONALD LEE GALLOWAY (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 $33,250.46 L.L. $.50 Interest FROM 2/21/07 TO DATE OF SALE AT 7.625% Atty's Comm % Due Prothy $1.00 Atty Paid $157.80 Other Costs Plaintiff Paid Date: MARCH 2, 2007 C~rEis R. Lon onot~ (Seal) By: Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 GOLDBECK McCAFFERTY & McKEEVER BY: `JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (215) 825-6318 W W W.GOLDBECKLAW.COM ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. DONALD LEE GALLOWAY Mortgagor and Real Owner 150 West Penn Street Carlisle, PA 17013 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE ~ ~~- ~ ~~~~~ ~ r No. CIVIL ACTION: MOf3TGA~E ~C~R~~L4~3Ui'~ 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 the 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 maybe entered against you by the Court without further notice for any money claim in the Complaint of 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 OR CANNOT AFFORD ONE, 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARR DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE PAPEL A SU ABOGADO ENSEGUIDA. SI USTED NO TIENE UN ABOGADO, VAYA O LLAME POR TELEFONO LA OFICINA FIJADA AQUI ABAJO. ESTA OFICINA PUEDE PROVEERE CON INFORMACION DE C~MO CONSEUIR UN ABOGADO. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243- 9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a,goldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number ofEMC-1412. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff is JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, 909 Hidden Ridge Drive, Suite 200 Irving, TX 75038. 2. The names and addresses of the Defendant is DONALD LEE GALLOWAY, 150 West Penn Street, Carlisle, PA 17013, who is the mortgagor and real owner of the mortgaged premises hereinafter described. 3. On June 26, 1998 mortgagors made, executed and delivered a mortgage upon the Property hereinafter described to UNITED COMPANIES LENDING CORPORATION, A CORPORATION, which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County as Book 1467, Page 444. The mortgage has been assigned to: JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 by assignment of Mortgage which assignment is lodged for recording. The Mortgage and assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for July O1, 2006 and each month thereafter and by the terms the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ....................................................................................$27,606.35 Interest from 06/01/2006 through 11/30/2006 at 7.6250% .......................$1,141.92 Per Diem interest rate at $6.24 Reasonable Attorney's Fee .................................................................$2,000.00 Late Charges from 07/01/2006 to 11/30/2006 ...............................................$72.99 Monthly late charge amount at $14.60 Costs of suit and Title Search ......................................................................$900.00 Escrow .......................................................................................................... $481.12 Fees ................................................................................................................$27.00 Monthly Escrow amount $155.20 $32,229.38 7. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendant in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant has received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 8. Notice of Intention to Foreclose and a Notice of Homeowners' Emergency Mortgage Assistance has been sent to Defendant by certified and regular mail, as required by Act 160 of 1998 of the Commonwealth of Pennsylvania, on the date(s) set forth in the true and correct copy of such notice(s) attached hereto as Exhibit "B". The Defendant have not had the required face-to-face meeting within the required time and Plaintiff has no knowledge of any such meeting being requested by the Defendant through the Plaintiff, the Pennsylvania Housing Finance Agency, or any appropriate Consumer Credit Counseling Agency. WHEREFORE, Plaintiff demands a de terns judgment in mortgage foreclosure in the sum of $32,229.38, together with interest at the rate of $6.24, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the foreclosure of the Mortgage and Sheriff's Sale of the Property. ~ LDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR., ESQUIRE ATTORNEY FOR PLAINTIFF SHERIFF'S RETURN - REGULAR CASE NO: 2006-06738 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND JPMORGAN CHASE BANK NA VS GALLOWAY DONALD LEE I, MICHAEL BARRICK Sheriff or Deputy Sheriff f Cumberland County,Pennsylvania, who being duly sworn acco i says, the within COMPLAINT - MORT FORE was served upo GALLOWAY DONALD LEE DEFENDANT at 2055:00 HOURS, on the 17th day of Jan r at 150 WEST PENN STREET CARLISLE, PA 17013 by handing to i POSTED PROPERTY AT 150 W PENN CARLISLE ng to law, the 2007 a true and attested copy of COMPLAINT - MORT FORE tog her with and at the same time directing His attention to the conter~~s thereof. Sheriff's Costs: So Answers: Docketing 18.00 ~/ Service 4.40 ~ ~ /~ Posting 6.00 J Surcharge 10.00 R. Thomas Kline .00 ~`~~E7 ~~) 1 38 .40 01~18~2007 %"' GOLDBECK MCCAF CKEEV ;~ .~, Sworn and Subscibed to B~: ~~ ,~ before me this day __ -'" ~ Dep ty S ri of A.D. i j ' . VERIFICATION I RBS~ P~CterSOn as the representative of the Plaintiff corporation within named do hereby verify that I am authorized to and do make this verification on behalf of the Plaintiff corporation and the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date• ~~ ~ ~, ae»(,v JP organ Chase Bank, N.A., as Trustee for the certificateholders of Bear Stearns Asset Backed Securities Trust 2006-2, Asset Backed Certificates, Series 2006-2 by EMC Mortgage Corporation as Attorney in Fact Rashal Peterson Assistant Secretary #0005627062 - DONALD LEE GALLOWAY E.xhi6itA Exhibit "A" A11 that certain improved parcel of land located in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly boumded and described as follows: On the North by West Pew Street, formerly Liberty Street; on the West by a 12-foot alley; on the south by an alley and on the East by lot of ground now or formerly of William Davis, and Irnown as 150 west Penn street, Carlisle, Pennsylvania, Improved wig a two-story frame dwelling house, Frorttiag I3 feet, more or less, on West Pem Street. eoulr1514ra1;E .913 eaoli1467ras~ 452 E~Fiidit ~ EMS Mortgage Corporation September 07, 2006 "`0003442955" Donald Lee Calloway 150 W Penn St Cazlisle, PA 17013-3232 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. IMPORTANT INFORMATION CONCERNING YOUR RIGHTS IS CONTAINED ON PAGE FOUR The Homeowners' Emergency Mortgage Assistance Program (HEMAP) may be able to help to save your home. This notice explains how the program works. To see if HEMAP can help you you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Norice with you when you meet with the counseling agency The name. address_ and phone number of Consumer Credit Counseline Aeencies servingyouur county are listed at the end of this Notice If you have any aueshons. you may call the Pennsvlvan~a Housmu Finance Agency toll free at 1 800 342 2397 (person with impaired hearin¢ can call 717-780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local baz association may be able to help you find a lawyer. La Notificaion en adjunto es de soma importancia, pues afecta su derecho a continuar viviendo en su casa. Si no comprende el contenido de esta notificion obtenga una traduccion immediatamente Ilamando esta agenda (Pennsylvania Housing Finance Agency) sin cargos al numeeo mencionado amba. Puedes ser elegible pars un prestamo por el programs Ilamado "Homeowners' Emergency Mortgage Assistance Program" al coal puede salvar su casa de la perdida del derecho a redimir su hipoteca. HOMEOWNER'S NAME(S) PROPERTY ADDRESS LOAN ACCOUNT NUMBER: CURRENT SERVICER Donald Lee Calloway 150w Penn St Cazlisle, PA 17013 0005627062 EMC Mortgage Corporation You may be eligible for financial assistance which can save your home from foreclosure and help you make future morteaee payments if you comply vv~th the provision of the Homeowners' Emergency Mortgage Assistance Act of 1983 (the "Act"). You may be eligible for emergency mortgage assistance: If your default has been caused by circumstances beyond your control, 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. Page two 0005627062 TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of the foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer counseling agencies listed at the end of this Notice. This meeting must occur within the next thirty (30) days. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE CONSUMER CREDIT COUNSELING AGENCIES - If you attend aface-to-face meeting with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take fiuther action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer counseling agencies for the county in which your property is located aze set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and aze unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowners' Emergency Mortgage Assistance Fund. In order to do this, you must fill out, sign and file a completed Homeowners' Emergency Assistance Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a completed application to the Pennsylvania Housing Finance Agency . Your application MUST be filed or postmazked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION -Available funds for emergency mortgage assistance aze very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing finance Agency has sixty (60) days to make a decision after it receives you application. During that additional time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Agency of its decision on your application. NOTE: lF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to dateZ NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at 150w Penn St Cazlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: (a) Monthly payments from 07/01/2006: $1,360.48 (b) Late chazge(s) : $44.27 (c) Other chazge(s): NSF & Advances $8.34 (d) Less: Credit Balance $.00 (e) Total amount required as of 09/06/2006: $1,413.09 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (if applicable): HOW TO CURE THE DEFAULT- You may cure this default within THIRTY (30) days from the date of this letter BY PAYING THE TOTAL AMOUNT PAST DUE TO LENDER, WHICH IS $1,413.09, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES (and other chazges) WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check, or money order made payable to EMC Mortgage Corporation at PO BOX 660530, DALLAS, TX 75266-0530. Page three 0005627062 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) days of this letter date, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately, and you may lose the chance to pay the mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) days of the letter date, EMC Mortgage Corporation also intends to instruct their attorneys to start a legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before they begin legal proceedings against you, you will have to pay the reasonable attorney's fees actually incurred up to $50.00. However, if legal proceedings aze started against you, you will have to pay the reasonable attorney's fees actually incurred even if they aze over $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include their reasonable costs. If you cure the default within the THIRTY (30 DAY period, you will not be required to pay attorneys' fees OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance, and all other sums due under the Mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past due plus any late charges, charges then due, reasonable attorneys' fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the eazliest date that such sheriffs sale could be held is would be approximately five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER Name of EMC Mortgage Corporation Lender: Address: Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 Telephone 1-888-609-2379 Number: EFFECT OF SHERIFF'S SALE -You should realize that a sheriffs sale would end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the sheriffs sale, a lawsuit to remove you and your furniture and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE -You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorneys' fees and costs aze 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 borrower money from another lending institution to pay off this debt. • To have this default cured by any third party acting on your behalf. • To have the mortgage restored to the same position as if no default had occurred. (However, you are not entitled to this right more than three times in a calendar year). • To assert the nonexistence of a default in any foreclosure proceeding or any other lawsuit instituted under the mortgage documents. • To assert any other defense you believe you may have to such action by the lender. • To seek protection under the federal bankruptcy law. Page four 000562'1062 EMC Mortgage Corporation is attempting to collect a debt, and any information obtained will be used for that purpose. Federal law gives you thirty days after you receive this letter to dispute the validity of this debt or any part of it. Unless you dispute the debt within that 30 day period, we will assume that it is valid. If you notify us in writing at the address above within the thirty day period that the debt, or any portion thereof, is disputed, we will: a) Provide to you verification of the debt or a copy of any judgment entered against you. b) Provide to you the name and address of your original creditor, if the original creditor is different from the current creditor. Sincerely, EMC Mortgage Corporation Mac Arthur Ridge II, 909 Hidden Ridge Drive, Suite 200, Irving, Texas 75038 MAILING ADDRESS: P.O. Box 141358, Irving, Texas 75014-1358 p fv (\VM~n\ '1 ~. ~ ~~ '~ OZ- ~'"'~ ~'' ~._ a Y _ ~ -I~ _ -~ V (. ~~~_ `'V ~- ~~ T_ ; __' ii~ - ,~..., fy ~ :~ :~ - GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney LD.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 vs. DONALD LEE GALLOWAY 150 W. Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-673 8 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. MOTION FOR SUBSTITUTED SERVICE UNDER PA.R.C.P. 430(a) Plaintiff, by and through its attorney, David B. Fein, Esq., in support of its Motion for Substituted Service, represents as follows: 1. Plaintiff is the holder of a first mortgage upon the premises 150 W. Penn Street, Carlisle, PA, 17013, hereinafter, the "mortgaged premises". 2. Defendant, DONALD LEE GALLOWAY, is the mortgagor and real owner of the mortgaged premises. 3. The last known address of Defendant, Donald Lee Calloway, is as set forth in Paragraph 2 of the Complaint. 4. The Sheriff has been unable to effect service of the Complaint upon Defendant, Donald Lee Calloway, at his property address, 150 W. Penn Street, Carlisle, PA, 17013, after numerous attempts. The Defendant, Donald Lee Calloway, moved and left no forwarding address, per Post Office. The following investigation was conducted in a good faith attempt to ascertain the whereabouts of Defendant, Donald Lee Calloway. WHEREFORE, Plaintiff prays that the Court enter the attached order allowing Plaintiff to serve the Complaint upon Defendant, Donald Lee Calloway, by posting the premises and certified and regular mail to the Defendant's last known address. ,, BY: David B. F n, Esq. • ~~ ~~~,L ~~i:~.U ~~I~`i~l`s Affidavit of Good Faith Investigation Client provided information: File Number: EMC-1412 Attorney Firm: Goldbeck, McCafferty 8~ McKeever File Name: Calloway Subject Name: Donald Lee Calloway Property Address: Street: 150 W. Penn Street City: Carlisle State: PA Zip: 17013 Skip Results: Date of Birth: July 1933 Universal File Number: 102965 Last Known Dates: As of 1 1 / 19/2006 Street: 150 W. Penn Street Phone: 717-249-2072 City: Carlisle State: PA Zip: 17013 Death Records: As of 1 1 /19/2006, the Social Security Administration has no death record on file for Donald Lee Calloway. Social Security Number search completed. Employment Search: Unable to verify current employer. Creditor information: Creditors indicated the last reported address for Donald Lee Calloway as 150 W. Penn Street, Carlisle, PA 17013 Department of Motor Vehicle Records: The Pennsylvania Department of Motor Vehicles provided no change for Donald Lee Calloway from 150 W. Penn Street, Carlisle, PA 17013 Public Licenses (Pilot, Real Estate, etc): Search performed provided no information. Voter Registration Information: The County Voters Registration Office has no listing for Donald Lee Calloway. National Postal Address Search: Has no change for Donald Lee Calloway from 150 W. Penn Street, Carlisle, PA 17013 Comments: 717-249-2072: Number listed to Donald Calloway at 150 W. Penn Street, Carlisle, PA 17013, there was no answer. 717-249-4959: Called possible neighbor, Cassey Owens, answering machine answered, no message left. 717-249-7862: Called possible neighbor, Gary Germany, there was no answer. On 1 1 / 19/2006, I, Patti Garrett being duly sworn according to the law, deposes and says: I am employed by Universal Default Service. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. ,, a ,, r~.a#` ~# '*~c~r~~~ €'~tti ~t~rf~#t tJr~`~.:r'y ~'t~t_3l~C- __.. Date: 1 1 / 19/2006 E rt~~ ,~.~` '~` Kt141 ATTI;B;ERY -* ~~= A10L~Iry PubCiC ~~,,~'K" STATE or T~xAS ~,.,,.,,r,~ G~thrttlsuon ExP ~9-12-~UCS 3290AKS TRAIL Pl_NJa • SUITE 202 • GARLAND, TEXAS 75043 OFFICE : (972) 226-8883 • FAX : (972) 226-8887 SHERIFF'S RETURN - NOT FOL7ND CASE NO: 2006-06738 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JPMORGAN CHASE BANK NA VS GALLOWAY DONALD LEE R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT GALLOWAY DONALD LEE but way unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT 150. WEST PENN STREET NOT FOUND as to GALLOWAY DONALD LEE CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff ' s Costs : So answer -: -- - - ~-_~.- Docket ing 18.0 0 ~~'.~^~ ~- Service 4.40 1''~~ Not Found 5.00 R. ThomKline Surcharge 10.00 Sheriff of Cuerland County .00 ^~ ~ n n rnr nnnv nnnnT r. nr~nm~~r rrtr-~rrT~ r.~Tr-~n J/ `3 V VVLDDr~~.l\ 1.1L~t~r r L,n I t 1.11..1\I.~Li v ran. 12/12i200b Sworn and Subscribed to before me this day of A.D. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6738 vs. DONALD LEE GALLOWAY 150 W. Penn Street Carlisle, PA 17013 VERIFICATION I, David B. Fein, Esq., Attorney for Petitioner do hereby verify that the facts set forth in the foregoing Motion for Substituted Service are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. f/~ r 1 BY: David B. Fein, Esq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038" vs. DONALD LEE GALLOWAY 150 W. Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY No. 06-6738 MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR SUBSTITUTED SERVICE UNDER Pa.R.C.P. 430(a) Plaintiff has filed a Complaint in Mortgage Foreclosure against Defendant, Donald Lee Calloway, which the Sheriff has been unable to personally serve upon Defendant, Donald I.ee Calloway. As noted in the attached Motion, Plaintiff has made a good faith attempt to ascertain Defendant's whereabouts without success. Accordingly, the Court may approve alternative means of service. See Pa.R.C.P. 430(x). CONCLUSION For reasons stated above and in the attached Motion, the Court should enter an order allowing Plaintiff to serve the Complaint in Mortgage Foreclosure upon Defendant, Donald Lee Calloway, by posting the premises and certified mail and regular mail to the Defendant's last known address. Respectfully submitted, r David B. Fein, sq. GOLDBECK McCAFFERTY & McKEEVER JOSEPH A. GOLDBECK, JR. Attorney I.D.#16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106-1532 215-627-1322 BY: David B. Fein, Esq. Attorney I.D.#82628 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 vs. DONALD LEE GALLOWAY 150 W. Penn Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS Of Cumberland County No. 06-6738 CERTIFICATE OF SERVICE David B. Fein, Esq., does hereby certify that true and correct copies of the foregoing Motion for Substituted Service have been served upon the Defendant, Donald Lee Calloway, this 28`'' day of December 2006, by first class mail, postage prepaid. r BY: David B. Fein, Esq. J~ JAN 0 3 2007 a' JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 vs. DONALD LEE GALLOWAY 150 W. Penn Street Carlisle, PA 17013 ORDER IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY 06-6738 AND NOW, this ~ day of(~,/~. 2001, upon consideration of the Plaintiffs Motion for Substituted Service under Pa.R.C.P. 430(a) and it appearing to the Court that Plaintiff s good faith efforts to ascertain the present whereabouts of Defendant, Donald Lee Calloway, has been unsuccessful, it is, ORDERED and DECREED: that Plaintiffs Motion is granted and the Sheriffand/or Plaintiff is directed to Serve the Complaint in Mortgage Foreclosure upon Defendant, Donald Lee Calloway, by posting a copy of the Complaint upon the premises 150 W. Penn Street, Carlisle, PA, 17013, and Plaintiff is directed to serve the Complaintrtified and regulaz mail to thTe~ Defendant's last known address at 150 .Penn Street, Cazlisle PA 170 3, gal a u e o ure e e o e en ants as own a by ~~ o~.o o~' BY TH J. S r~{~V i7'i~~t~~~i7i~tif V~y~{~~('~ 'IG •O ~~ ~~ ijll t130~ ~?~t©i~l{~r-~1.O~c3 ~Hl da ~f~~C~-Q~ll~ GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY I.D. #16132 SUITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. DONALD LEE GALLOWAY 150 W. Penn Street Carlisle, PA 17013 ' Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE Term No. 06-6738 PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the Complaint in the above captioned matter. GOLDBECK, McCAFFERTY & McKEEVER By Joseph A. Goldbeck, Jr., Esq. Attorney for Plaintiff Q ~~n. ~ ~~ ~ m -~ t~ t ' =~ 1 t ~ ~. GOLDBECK McCAFFERTY & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ATTORNEY LD. #16132 5UITE 5000 - MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106-1532 (215) 627-1322 ATTORNEY FOR PLAINTIFF JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE vs. DONALD LEE GALLOWAY Mortgagor(s) 150 W. Penn Street Carlisle, PA 17013 Defendant(s) Term No. 06-6738 CERTIFICATE OF SERVICE r~ ~ ~ ~ art 7 JOSEPH A. GOLDBECK, JR. ESQUIRE hereby certifies that on ~ he did serve upon Defendant(s) DONALD LEE GALLOWAY a true and correct copy of the above- captioned Complaint by certified and regular mail in accordance with the Court Order dated January 4, 200?. The undersigned understands that the statements herein and subject to the penalties provided by 18 P.S. Section 4904. GOLDBECK McCAFFL~"Y & McKEEVER BY: JOSEPH A. GOLDBECK, JR. ESQUIRE r-> C7 ~ ,~- µ.. ~ -: ~ ""~^ .~ t s 1 :-~ a:-, L_`Z "~ »G -~~. :~ ~ „ ~J o(. - L73~ ~(v~(,7ee.~ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Mana er , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Tanuary 15, 2007 COPY OF NOTICE OF PUBLICATION ' IFI TMfi {3OURT C ACTiO ~ ouMS~RU-NO couNfr ' 'IL AGTIDN • 1.AW T(3/1OE FOREGLOSUfiE` ~, ~ RoR~closuta~ K5"'I'AUS"fEE PITHECfsRT~IQATE 6A ~ECU8F7~8TE#1ST2G06-2, ~{~ „ Hlsirrliff vs. DONALD LEE. , A ,_. ao tM mortpsps eakxne4'!`dlr~b6u propeAy bcsl~d~ 1dQ PA 17013, wh~rsupon you p(oMrl~r rr~ ~ sold G~r,f You 1'-sbe bei)fa 1bb-d In coup. ~'yq4 h , fflfd gp~ _ f~avdng notlas, You-must tN~~r In Urerdy srui r162ba ~nleriny a wri8sn app~ra sndflllt)gipMl bourtyourdetsns8soral .yakist you. ire rrert~d k~at ff you-tall ro do so ~ sn~y morrsydNm M ~ Cotty~tawt off four any~o» , YOU BHOULD TAKE Tfii3 PAP~R'TD Yr?UIf L NOT HAVE A LAWYEA @R GANtQT Ai~FOF ,THE pFFiCE BET FORTti~LaVY. TFIl8 QY INFORMATION ABOUT A LAWYER. IF YOU CAbtAlOT AFf,Olip TO~ A LA,WY~ LEGAL SlcRVICi:S r LI PE L!~CilL Sip 81rv RinM• PASyO G~iM 1>CQIIN't'Y ~ $.ea~sti .: Carwlsle, RA 1 A. ,k:, Attgrr-AY ~ piairr~ ®~ MIHo~r d ~, ~ 8rdte SQf,I@, l~tsic~t- TDt khN~BtrMt. ~ Q6•'! . 213-!!!!6.841,1., hY clsBms ssttottl~ in titu l ayrF:aibsr tAd E©mpla&~Y ~9rscnaltlr Or by akomeY ~ ~ tlls ldiirpalsat forM1 !tom ~X pe®cs~edwithoat wltwltlloed fel~et rKNke n m nNsf ~bY ~{ THI,SQ~ E MAY 8E ABLETO T~~A4FN(~jE~~THA7 MAYDFEER AT A R'EbIJCED FEE OR NO, FEE. 3.717- 43- $~ ~~ 7,p39.71 y-2~-3188 582. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ~ ~~.~~~ ~~~ Sworn to and subscribed before me this 17th day of January, 2007. ~ i~~~(.CN"`^~L~ Notary Public My commission expires: Q /l COMMONWEALTH OF PENNSYLVANIA Notarial Seal C!>ristlna t. Wolfe. Notary f'ubNc Carlisle Born, Cumberlarp M5' Conxnission Expires Sept t, 2006 Member, Pennsylvania Association Of Notaries r 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 Cazlisle 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 19, 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. Li Marie Coyn Edito SWORN TO AND SUBSCRIBED before me this 19 day of January, 2007 NOTARIAL SEAL " LOTS E. SNYDER, Notary Public Carlisle t3oro, Cumberland County My Commission Expires March 5, 2009 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law No. 06-6738 JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, Plaintiff vs. DONALD LEE GALLOWAY, Mortgagor and Real Owner, Defendant NOTICE OF ACTION IN MORTGAGE FORECLOSURE TO: DONALD LEE GALLOWAY, MORTGAGOR AND REAL OWNER, DEFENDANT, whose last known address is 150 West Penn Street, Carlisle, PA 17013. THIS FIRM IS A DEBT COLLEC- TOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. You aze hereby notified that Plain- tiff, JPMORGAN CHASE BANK, NA. AS TRUSTEE FOR THE CERTIFI- CATE HOLDERS OF BEAR STEARNS ASSET BACKED SECU- RITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, has filed a Mortgage Fore- closure Complaint endorsed with a notice to defend against you in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to No. 06-6738, wherein Plaintiff seeks to foreclose on the mortgage secured on your property located, 150 W. Penn Street Carlisle, PA 17013, whereupon your property will be sold by the Sheriff of Cumberland County. NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following notice, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attor- ney 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 maybe entered against you by the Court without further notice for any money claim in the Complaint or for any other claim or relief requested by the Plain- tiff. You may lose money or psop- erty orother rights important to you. YOU SHOULD TAKE THiS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAW- YER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- 9 . , ~~ > CUMBERLAND LAW JOURNAL SONS AT A REDUCED FEE OR NO FEE. LEGAL SERVICES INC. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CUMBERLAND COUNTY BAR ASSOC. 32 S. Bedford St. Cazlisle. PA 17013 (717) 249-3166 JOSEPH A. GOLDBECK. JR. GOLDBECK McCAFFERTY & MCKEEVER, PC Attorneys for Plaintiff Suite 5000 Mellon Independence Center 701 Mazket Street Philadelphia, PA 19106-1532 (215) 825-6411 Jan. 19 10 ~` r'' -n ~_ ~ ~ ~ y ..-- ^-~' ye~~ , ~; ,1.~ ` M•^r» ~!- _F i ._ ~i 5 t.~:_ ~ . ~_ SHERIFF'S RETURN - NOT FOUND CASE N0:° 2006-06738 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JPMORGAN CHASE BANK NA VS GALLOWAY DONALD LEE R. Thomas Kline ,Sheriff or Deputy Sheriff, ho being duly sworn according to law, says, that he made a diligen (search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. He therefore ret NOT F~~ND as to the within named DEFENDANT 150 WEST PENN STREET GALLOWAY DONALD LEE CARLISLE, PA 17013 PER POST OFFICE, DEFENDANT MOVED AND but was s the LEFT NO FORWARDING ADDRESS. III Docketing 18.00 Service 4.40 _ Not Found 5.00 Surcharge 10.00 .00 ~~~~;~~, 7~ X 3 7. 4 0 Sworn and Subscribed to before me this day of Sheriff's Costs: So answer A.D. R. Thom "Kline I Sheriff of Cuerland Count GOLDBECK MCCAFFERTY MCKEEVE 12/12/2006 I JP Morgan Chase Bank, N.A. VS Donald Lee Calloway In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-6738 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Joseph Goldbeck. Sheriffls Costs: Docketing Poundage Law Library Prothonotary Levy Posting Handbills Mileage Surcharge $30.00 552.13 .50 1.00 15.00 15.00 4.80 20.00 p1 $ 638.43 ~.~pl~ ~~ R. Thomas Kline, Sheriff ~.~C,'~ C~ l/tti,.l1~' SY Real Estat ergeant ~~ ~~~1 G~~ Iq~g31 Goldbeck McCafferty & McKeever BY: Joseph A. Goldbeck, Jr. Attorney I.D. #16132 Suite 5000 -Mellon Independence Center 701 Market Street Philadelphia, PA 19106 215-627-1322 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 909 Hidden Ridge Drive Suite 200 Irving, TX 75038 Plaintiff vs. IN THE COURT OF COMMON PLEAS of Cttmberland County CIVIL ACTION -LAW ACTION OF MORTGAGE FORECLOSURE DONALD LEE GALLOWAY (Mortgagor(s) and Record Owner(s)) 150 W. Penn Street Carlisle, PA 17013 Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129 No. 06-6738 JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, Plaintiff in the above action, by its attorney, Joseph A. Goldbeck, Jr., 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: 150 W. Penn Street Carlisle, PA 17013 1.Name and address of Owner(s) or Reputed Owner(s): DONALD LEE GALLOWAY 150 West Penn Street Carlisle, PA 17013 2. Name and address of Defendant(s) in the judgment: DONALD LEE GALLOWAY 150 West Penn Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the property to be sold: DOMESTIC RELATIONS OF CUMBERLAND COUNTY PO Box 320 Carlisle, PA 17013 PA DEPARTMENT OF PUBLIC WELFARE -Bureau of Child Support Enforcement Health and Welfare Bldg. -Room 432 P.O. Box 2675 Harrisburg, PA 17105-2675 JP MORGAN CHASE BANK, N.A. 909 Hidden Ridge Dr. Ste 200 Irving, TX 75038 4. Name and address of the last recorded holder of every mortgage of record: 5. Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: 6. Name and address of every other person of whom the plaintiff has knowledge who has any record interest in the property which may be affected by the sale. 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale. TENANTS/OCCUPANTS 150 West Penn Street Carlisle, PA 17013 CONSUELO A. CROWDER AWAITING ADDRESS (attach separate sheet if more space is needed) I verify that the statements made in this affidavit are true and correct t the bes of my personal knowledge or information and belief. I understand that false statements herein are made subj t to the enalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: February 20, 2007 GOLDBECK & McKEEVER BY: Joseph A. oldbeck, r., Esq. Attorney for aintiff r 06-6738 GOLDBECK McCAFFERTY & McKEEVER BY: Joseph A. Goldbeck, Jr. Attorney I.D.#16132 Suite 5000- Mellon Independence Center ?O1 Market Street Philadelphia, PA 19106 215-825-6318 Attorney for Plaintiff JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 904 Hidden Ridge Drive Suite 200 Irving, TX 75038 IN THE COURT OF COMMON PLEAS of Cumberland County CIVIL ACTION -LAW Plaintiff vs. DONALD LEE GALLOWAY Mortgagor(s) and Record Owner(s) 150 W. Penn Street Carlisle, PA 17013 Defendants Term No. 06-6738 THIS LAW FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT. THIS NOTICE I5 SENT TO YOU IN AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: GALLOWAY, DONALD LEE DONALD LEE GALLOWAY 150 West Penn Street Carlisle, PA 17013 Your house at 150 W. Penn Street, Carlisle, PA 17013 is scheduled to be sold at Sheriffs Sale on Wednesday, June 13, 2007, at 10:00 AM, in Commissioners Hearing Rm 2nd FL Courthouse to enforce the court judgment of $33,250.46 obtained by JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2 against you. 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: ACTION OF MORTGAGE FORECLOSURE 1 46-673 8 1. The sale will be cancelled if you pay to JPMORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, the back payments, late charges, costs and reasonable attorney's fees due. To fmd out how much you must pay call our office at 215-825-6329 or 1- 866-413-2311 and 2. You may be able to stop the sale by filing a petition asking the Court to strike or open judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 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 below 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 NOT 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 price by calling the Sheriff of 717-240-6390. 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 [he full amount due in the sale. To find out if this has happened, you may call the Sheriff of 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 a 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. 5. 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 thirty (30) days from the date of the Sheriffs 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 schedule of distribution is filed. 7. You may also have other rights and defenses, or ways of getting your house 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. LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 06-6738 Resources available for Homeowners in Foreclosure ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still maybe able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: 717-243-9400 or . 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD'S website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Call the Plaintiff (your lender) at and ask to speak to someone about Loss Mitigation or Home Retention options. 5). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout /Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretention(a~~oldbecklaw.com. Call Judy at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of EMC-1412. Para informacion en espanol puede communicarse con Loretta al 215-825-6344. All that certain improved parcel of land located in the Fourth Ward of the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: On the North by West Penn Street, formerly Liberty Street; on the West by a 12 foot alley; on the south by an alley and on the East by lot of ground now or formerly of William Davis, and known as 150 West Penn Street, Carlisle, Pennsylvania. Improved with atwo-story frame dwelling house. Fronting 13 feet, more or less, on West Penn Street. TAX PARCEL NO: OS-20-1798-145 • WRIT OF EXECUTION and/or ATTACHMENT • COMMONWEALTH OF PENNSYLVANIA) .. NO 06-6738,/Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JP MORGAN CHASE BANK, N.A., AS TRUSTEE FOR THE CERTIFICATE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES TRUST 2006-2, ASSET BACKED CERTIFICATES, SERIES 2006-2, Plaintiff (s) From DONALD LEE GALLOWAY (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 $33,250.46 L.L. $.50 Interest FROM 2/21/07 TO DATE OF SALE AT 7.625% Atty's Comm % Due Prothy $1.00 Atty Paid $157.80 Other Costs Plaintiff Paid Date: MARCH 2, 2007 Curt's R. Long, Pr n to (Seal) By; Deputy REQUESTING PARTY: Name JOSEPH A. GOLDBECK, JR., ESQUIRE Address: GOLDBECK MCCAFFERTY & MCKEEVER SUITE 5000 - MELLON INDEPENDEN CE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 Attorney for: PLAINTIFF Telephone: 215-627-1322 Supreme Court ID No. 16132 Real Estate Sale # 69 On March 13, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Carlisle Borough, Cumberland County, PA Known and numbered as 150 W. Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 13, 2007 By. ~o S Real Estate Sergeant Q ~o 0 ~ ~C ~l ~, - ~J'~d~~ IGOl